Ark. Code Ann. § 16-93-712 — AR Code / Title 16 / Chapter 93 / Subchapter 7 / Section 16-93-712
Parole supervision
Status: in_force

(a) (1) The Post-Prison Transfer Board shall establish written policies and procedures governing the supervision of parolees designed to enhance public safety and to assist the parolees in reintegrating into society. (2) (A) The supervision of parolees shall be based on evidence-based practices, including a validated risk-needs assessment. (B) Decisions shall target the parolee's criminal risk factors with appropriate supervision and treatment designed to reduce the likelihood of reoffense. (b) A community supervision officer shall: (1) Investigate each case referred to him or her by the Chair of the Post-Prison Transfer Board, the Division of Community Correction, or the prosecuting attorney; (2) Furnish to each parolee under his or her supervision a written statement of the conditions of parole and instruct the parolee that he or she must stay in compliance with the conditions of parole or risk revocation under § 16-93-705 ; (3) Develop a case plan for each individual who is assessed as being moderate to high risk to reoffend based on the risk and needs assessment that targets the criminal risk factors identified in the assessment, is responsive to individual characteristics, and provides supervision of offenders according to that case plan; (4) Stay informed of the parolee's conduct and condition through visitation, required reporting, or other methods and shall report to the board that information upon request; (5) Use practicable and suitable methods that are consistent with evidence-based practices to aid and encourage a parolee to improve his or her conduct and condition and to reduce the risk of recidivism; (6) (A) Conduct a validated risk-needs assessment of the parolee, including without limitation criminal risk factors and specific individual needs. (B) The actuarial assessment shall include an initial screening and, if necessary, a comprehensive assessment; (7) Make decisions with the assistance of the risk-needs assessment that are consistent with evidence-based practices on the type of supervision and services necessary to each parolee; and (8) Receive annual training on evidence-based practices and criminal risk factors, as well as instruction on how to target these factors to reduce recidivism. (c) (1) The Division of Community Correction shall allocate resources, including the assignment of community supervision officers, to focus on moderate-risk and high-risk offenders as determined by the validated risk-needs assessment provided in subdivision (b)(6) of this section. (2) The Division of Community Correction shall require each public and private treatment and service provider that receives state funds for the treatment of or service for parolees to use evidence-based programs and practices. (d) (1) The Division of Community Correction shall have the authority to sanction a parolee administratively without engaging the revocation process under § 16-93-705 . (2) (A) (i) The Division of Community Correction shall develop an intermediate sanctions procedure and grid to guide a community supervision officer in determining the appropriate response to a violation of conditions of supervision. (ii) The intermediate sanctions procedure shall include a requirement that the community supervision officer consider multiple factors when determining the sanction to be imposed, including previous violations and sanctions and the severity of the current and prior violation. (B) Intermediate sanctions administered by the Division of Community Correction are required to conform to the sanctioning grid. (C) The intermediate sanctioning grid shall include: (i) An assignment of point values to commonly occurring violations of terms of parole or criminal behavior; (ii) An assignment of point values to behaviors that decrease the likelihood of recidivism, including without limitation: (a) Education; (b) Workforce development; (c) Community service; and (d) Behavioral health programming; (iii) Details on the mechanisms by which points are accumulated and reduced; and (iv) Guidance on which intermediate sanctions should be applied at which point thresholds. (3) Intermediate sanctions shall include without limitation: (A) Day reporting; (B) Community service; (C) Increased substance abuse screening or treatment, or both; (D) Increased monitoring, including electronic monitoring and home confinement; and (E) (i) Incarceration in a county jail for no more than seven (7) days or incarceration in a Division of Community Correction facility or Division of Correction facility for no more than one hundred twenty (120) days. (ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an individual parolee. (b) A parolee shall accumulate no more than twenty-one (21) days' incarceration in a county jail or no more than two hundred forty (240) days' incarceration in a Division of Community Correction facility or Division of Correction facility as an intermediate sanction before the community supervision officer recommends a violation of the person's parole under § 16-93-706 . (c) A parolee is subject to a period of incarceration of: (1) Up to sixty (60) days in a Division of Community Correction facility or Division of Correction facility for a technical conditions violation; and (2) One hundred twenty (120) days in a Division of Community Correction facility or Division of Correction facility for a serious conditions violation. (d) A parolee may not be incarcerated more than two (2) times as a parole sanction in a Division of Community Correction facility or Division of Correction facility during a two-year period. (e) Any time in custody for which the parolee is held before a period of incarceration under this section is administered shall not count as a period of incarceration ordered under subdivision (d)(3)(E)(ii) (a) of this section or toward the total accumulation of days of incarceration as set forth in subdivision (d)(3)(E)(ii) (b) of this section. (f) A period of incarceration under this section: (1) May be reduced by the Division of Correction or the Division of Community Correction for good behavior and successful program completion; and (2) Shall not be reduced under this section for more than fifty percent (50%) of the total time of incarceration ordered to be served. (g) If a parolee is in custody in a county jail awaiting an administrative sanction under this section, the state shall reimburse the county for the costs of incarceration at the prevailing rate of reimbursement. Amended by Act 2023, No. 659,§ 218, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 217, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 216, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 215, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 214, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 213, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 212, eff. 1/1/2024. Amended by Act 2021, No. 327,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 932, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 931, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 930, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 929, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 928, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 927, eff. 7/1/2019. Amended by Act 2017, No. 423,§ 22, eff. 10/1/2017. Amended by Act 2015, No. 895,§ 29, eff. 4/1/2015. Amended by Act 2013, No. 1415,§ 1, eff. 8/16/2013. Acts 2011, No. 570, § 104.

(a) (1) The Post-Prison Transfer Board shall establish written policies and procedures governing the supervision of parolees designed to enhance public safety and to assist the parolees in reintegrating into society. (2) (A) The supervision of parolees shall be based on evidence-based practices, including a validated risk-needs assessment. (B) Decisions shall target the parolee's criminal risk factors with appropriate supervision and treatment designed to reduce the likelihood of reoffense.

(1) The Post-Prison Transfer Board shall establish written policies and procedures governing the supervision of parolees designed to enhance public safety and to assist the parolees in reintegrating into society.

(2) (A) The supervision of parolees shall be based on evidence-based practices, including a validated risk-needs assessment. (B) Decisions shall target the parolee's criminal risk factors with appropriate supervision and treatment designed to reduce the likelihood of reoffense.

(A) The supervision of parolees shall be based on evidence-based practices, including a validated risk-needs assessment.

(B) Decisions shall target the parolee's criminal risk factors with appropriate supervision and treatment designed to reduce the likelihood of reoffense.

(b) A community supervision officer shall: (1) Investigate each case referred to him or her by the Chair of the Post-Prison Transfer Board, the Division of Community Correction, or the prosecuting attorney; (2) Furnish to each parolee under his or her supervision a written statement of the conditions of parole and instruct the parolee that he or she must stay in compliance with the conditions of parole or risk revocation under § 16-93-705 ; (3) Develop a case plan for each individual who is assessed as being moderate to high risk to reoffend based on the risk and needs assessment that targets the criminal risk factors identified in the assessment, is responsive to individual characteristics, and provides supervision of offenders according to that case plan; (4) Stay informed of the parolee's conduct and condition through visitation, required reporting, or other methods and shall report to the board that information upon request; (5) Use practicable and suitable methods that are consistent with evidence-based practices to aid and encourage a parolee to improve his or her conduct and condition and to reduce the risk of recidivism; (6) (A) Conduct a validated risk-needs assessment of the parolee, including without limitation criminal risk factors and specific individual needs. (B) The actuarial assessment shall include an initial screening and, if necessary, a comprehensive assessment; (7) Make decisions with the assistance of the risk-needs assessment that are consistent with evidence-based practices on the type of supervision and services necessary to each parolee; and (8) Receive annual training on evidence-based practices and criminal risk factors, as well as instruction on how to target these factors to reduce recidivism.

(1) Investigate each case referred to him or her by the Chair of the Post-Prison Transfer Board, the Division of Community Correction, or the prosecuting attorney;

(2) Furnish to each parolee under his or her supervision a written statement of the conditions of parole and instruct the parolee that he or she must stay in compliance with the conditions of parole or risk revocation under § 16-93-705 ;

(3) Develop a case plan for each individual who is assessed as being moderate to high risk to reoffend based on the risk and needs assessment that targets the criminal risk factors identified in the assessment, is responsive to individual characteristics, and provides supervision of offenders according to that case plan;

(4) Stay informed of the parolee's conduct and condition through visitation, required reporting, or other methods and shall report to the board that information upon request;

(5) Use practicable and suitable methods that are consistent with evidence-based practices to aid and encourage a parolee to improve his or her conduct and condition and to reduce the risk of recidivism;

(6) (A) Conduct a validated risk-needs assessment of the parolee, including without limitation criminal risk factors and specific individual needs. (B) The actuarial assessment shall include an initial screening and, if necessary, a comprehensive assessment;

(A) Conduct a validated risk-needs assessment of the parolee, including without limitation criminal risk factors and specific individual needs.

(B) The actuarial assessment shall include an initial screening and, if necessary, a comprehensive assessment;

(7) Make decisions with the assistance of the risk-needs assessment that are consistent with evidence-based practices on the type of supervision and services necessary to each parolee; and

(8) Receive annual training on evidence-based practices and criminal risk factors, as well as instruction on how to target these factors to reduce recidivism.

(c) (1) The Division of Community Correction shall allocate resources, including the assignment of community supervision officers, to focus on moderate-risk and high-risk offenders as determined by the validated risk-needs assessment provided in subdivision (b)(6) of this section. (2) The Division of Community Correction shall require each public and private treatment and service provider that receives state funds for the treatment of or service for parolees to use evidence-based programs and practices.

(1) The Division of Community Correction shall allocate resources, including the assignment of community supervision officers, to focus on moderate-risk and high-risk offenders as determined by the validated risk-needs assessment provided in subdivision (b)(6) of this section.

(2) The Division of Community Correction shall require each public and private treatment and service provider that receives state funds for the treatment of or service for parolees to use evidence-based programs and practices.

(d) (1) The Division of Community Correction shall have the authority to sanction a parolee administratively without engaging the revocation process under § 16-93-705 . (2) (A) (i) The Division of Community Correction shall develop an intermediate sanctions procedure and grid to guide a community supervision officer in determining the appropriate response to a violation of conditions of supervision. (ii) The intermediate sanctions procedure shall include a requirement that the community supervision officer consider multiple factors when determining the sanction to be imposed, including previous violations and sanctions and the severity of the current and prior violation. (B) Intermediate sanctions administered by the Division of Community Correction are required to conform to the sanctioning grid. (C) The intermediate sanctioning grid shall include: (i) An assignment of point values to commonly occurring violations of terms of parole or criminal behavior; (ii) An assignment of point values to behaviors that decrease the likelihood of recidivism, including without limitation: (a) Education; (b) Workforce development; (c) Community service; and (d) Behavioral health programming; (iii) Details on the mechanisms by which points are accumulated and reduced; and (iv) Guidance on which intermediate sanctions should be applied at which point thresholds. (3) Intermediate sanctions shall include without limitation: (A) Day reporting; (B) Community service; (C) Increased substance abuse screening or treatment, or both; (D) Increased monitoring, including electronic monitoring and home confinement; and (E) (i) Incarceration in a county jail for no more than seven (7) days or incarceration in a Division of Community Correction facility or Division of Correction facility for no more than one hundred twenty (120) days. (ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an individual parolee. (b) A parolee shall accumulate no more than twenty-one (21) days' incarceration in a county jail or no more than two hundred forty (240) days' incarceration in a Division of Community Correction facility or Division of Correction facility as an intermediate sanction before the community supervision officer recommends a violation of the person's parole under § 16-93-706 . (c) A parolee is subject to a period of incarceration of: (1) Up to sixty (60) days in a Division of Community Correction facility or Division of Correction facility for a technical conditions violation; and (2) One hundred twenty (120) days in a Division of Community Correction facility or Division of Correction facility for a serious conditions violation. (d) A parolee may not be incarcerated more than two (2) times as a parole sanction in a Division of Community Correction facility or Division of Correction facility during a two-year period.

(1) The Division of Community Correction shall have the authority to sanction a parolee administratively without engaging the revocation process under § 16-93-705 .

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

(A) (i) The Division of Community Correction shall develop an intermediate sanctions procedure and grid to guide a community supervision officer in determining the appropriate response to a violation of conditions of supervision. (ii) The intermediate sanctions procedure shall include a requirement that the community supervision officer consider multiple factors when determining the sanction to be imposed, including previous violations and sanctions and the severity of the current and prior violation.

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

(ii) The intermediate sanctions procedure shall include a requirement that the community supervision officer consider multiple factors when determining the sanction to be imposed, including previous violations and sanctions and the severity of the current and prior violation.

(B) Intermediate sanctions administered by the Division of Community Correction are required to conform to the sanctioning grid.

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

(i) An assignment of point values to commonly occurring violations of terms of parole or criminal behavior;

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

(a) Education;

(b) Workforce development;

(c) Community service; and

(d) Behavioral health programming;

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

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

(3) Intermediate sanctions shall include without limitation: (A) Day reporting; (B) Community service; (C) Increased substance abuse screening or treatment, or both; (D) Increased monitoring, including electronic monitoring and home confinement; and (E) (i) Incarceration in a county jail for no more than seven (7) days or incarceration in a Division of Community Correction facility or Division of Correction facility for no more than one hundred twenty (120) days. (ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an individual parolee. (b) A parolee shall accumulate no more than twenty-one (21) days' incarceration in a county jail or no more than two hundred forty (240) days' incarceration in a Division of Community Correction facility or Division of Correction facility as an intermediate sanction before the community supervision officer recommends a violation of the person's parole under § 16-93-706 . (c) A parolee is subject to a period of incarceration of: (1) Up to sixty (60) days in a Division of Community Correction facility or Division of Correction facility for a technical conditions violation; and (2) One hundred twenty (120) days in a Division of Community Correction facility or Division of Correction facility for a serious conditions violation. (d) A parolee may not be incarcerated more than two (2) times as a parole sanction in a Division of Community Correction facility or Division of Correction facility during a two-year period.

(A) Day reporting;

(B) Community service;

(C) Increased substance abuse screening or treatment, or both;

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

(E) (i) Incarceration in a county jail for no more than seven (7) days or incarceration in a Division of Community Correction facility or Division of Correction facility for no more than one hundred twenty (120) days. (ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an individual parolee. (b) A parolee shall accumulate no more than twenty-one (21) days' incarceration in a county jail or no more than two hundred forty (240) days' incarceration in a Division of Community Correction facility or Division of Correction facility as an intermediate sanction before the community supervision officer recommends a violation of the person's parole under § 16-93-706 . (c) A parolee is subject to a period of incarceration of: (1) Up to sixty (60) days in a Division of Community Correction facility or Division of Correction facility for a technical conditions violation; and (2) One hundred twenty (120) days in a Division of Community Correction facility or Division of Correction facility for a serious conditions violation. (d) A parolee may not be incarcerated more than two (2) times as a parole sanction in a Division of Community Correction facility or Division of Correction facility during a two-year period.

(i) Incarceration in a county jail for no more than seven (7) days or incarceration in a Division of Community Correction facility or Division of Correction facility for no more than one hundred twenty (120) days.

(ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an individual parolee. (b) A parolee shall accumulate no more than twenty-one (21) days' incarceration in a county jail or no more than two hundred forty (240) days' incarceration in a Division of Community Correction facility or Division of Correction facility as an intermediate sanction before the community supervision officer recommends a violation of the person's parole under § 16-93-706 . (c) A parolee is subject to a period of incarceration of: (1) Up to sixty (60) days in a Division of Community Correction facility or Division of Correction facility for a technical conditions violation; and (2) One hundred twenty (120) days in a Division of Community Correction facility or Division of Correction facility for a serious conditions violation. (d) A parolee may not be incarcerated more than two (2) times as a parole sanction in a Division of Community Correction facility or Division of Correction facility during a two-year period.

(a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an individual parolee.

(b) A parolee shall accumulate no more than twenty-one (21) days' incarceration in a county jail or no more than two hundred forty (240) days' incarceration in a Division of Community Correction facility or Division of Correction facility as an intermediate sanction before the community supervision officer recommends a violation of the person's parole under § 16-93-706 .

(c) A parolee is subject to a period of incarceration of: (1) Up to sixty (60) days in a Division of Community Correction facility or Division of Correction facility for a technical conditions violation; and (2) One hundred twenty (120) days in a Division of Community Correction facility or Division of Correction facility for a serious conditions violation.

(1) Up to sixty (60) days in a Division of Community Correction facility or Division of Correction facility for a technical conditions violation; and

(2) One hundred twenty (120) days in a Division of Community Correction facility or Division of Correction facility for a serious conditions violation.

(d) A parolee may not be incarcerated more than two (2) times as a parole sanction in a Division of Community Correction facility or Division of Correction facility during a two-year period.

(e) Any time in custody for which the parolee is held before a period of incarceration under this section is administered shall not count as a period of incarceration ordered under subdivision (d)(3)(E)(ii) (a) of this section or toward the total accumulation of days of incarceration as set forth in subdivision (d)(3)(E)(ii) (b) of this section.

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

(1) May be reduced by the Division of Correction or the Division of Community Correction for good behavior and successful program completion; and

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

(g) If a parolee is in custody in a county jail awaiting an administrative sanction under this section, the state shall reimburse the county for the costs of incarceration at the prevailing rate of reimbursement.

Amended by Act 2023, No. 659,§ 218, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 217, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 216, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 215, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 214, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 213, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 212, eff. 1/1/2024.

Amended by Act 2021, No. 327,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 932, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 931, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 930, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 929, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 928, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 927, eff. 7/1/2019.

Amended by Act 2017, No. 423,§ 22, eff. 10/1/2017.

Amended by Act 2015, No. 895,§ 29, eff. 4/1/2015.

Amended by Act 2013, No. 1415,§ 1, eff. 8/16/2013.

Acts 2011, No. 570, § 104.
Ark. Code Ann. § 16-93-306 — AR Code / Title 16 / Chapter 93 / Subchapter 3 / Section 16-93-306
Probation generally - Supervision
Status: in_force

(a) (1) The Director of the Division of Community Correction with the advice of the Board of Corrections shall establish written policies and procedures governing the supervision of probationers designed to enhance public safety and to assist the probationers in integrating into society. (2) (A) The supervision of probationers shall be based on evidence-based practices, including a validated risk-needs assessment. (B) Decisions shall target the probationer's criminal risk factors with appropriate supervision and treatment. (3) The Division of Community Correction shall assume supervisory responsibilities over a probationer when the circuit court pronounces the probationer's sentence in the courtroom or upon the entry of a sentencing order, whichever occurs first. (b) A probation officer shall: (1) Investigate all cases referred to him or her by the director, the sentencing judge, or the prosecuting attorney; (2) Furnish to each probationer under his or her supervision a written statement of the conditions of probation and instruct the probationer that he or she is required to stay in compliance with the conditions of probation or risk revocation under § 16-93-308 ; (3) Develop a case plan for each individual who is assessed as a moderate to high risk to reoffend based on the risk and needs assessment that targets the criminal risk factors identified in the assessment, is responsive to individual characteristics, and provides supervision of offenders according to that case plan; (4) Stay informed of the probationer's conduct and condition through visitation, required reporting, or other methods, and report to the sentencing court of that information upon request; (5) Use practicable and suitable methods that are consistent with evidence-based practices to aid and encourage a probationer to improve his or her conduct and condition and to reduce the risk of recidivism; (6) (A) Conduct a validated risk-needs assessment of the probationer, including without limitation criminal risk factors and specific individual needs. (B) The actuarial assessment shall include an initial screening and, if necessary, a comprehensive assessment. (C) The results of the risk-needs assessment shall assist in making decisions that are consistent with evidence-based practices on the type of supervision and services necessary to each parolee; and (7) Receive annual training on evidence-based practices and criminal risk factors, as well as instruction on how to target these factors to reduce recidivism. (c) (1) The Division of Community Correction shall allocate resources, including the assignment of probation officers, to focus on moderate-risk and high-risk offenders as determined by the actuarial assessment provided in subdivision (b)(6) of this section. (2) The Division of Community Correction shall require public and private treatment and service providers that receive state funds for the treatment of or service for probationers to use evidence-based programs and practices. (d) (1) The Division of Community Correction shall have the authority to sanction probationers administratively without utilizing the revocation process under § 16-93-307 . (2) (A) The Division of Community Correction shall develop an intermediate sanctions procedure and grid to guide a probation officer in determining the appropriate response to a violation of conditions of supervision. (B) Intermediate sanctions administered by the Division of Community Correction are required to conform to the sanctioning grid. (C) The intermediate sanctioning grid shall include: (i) An assignment of point values to commonly occurring violations of terms of probation or criminal behavior; (ii) An assignment of point values to behaviors that decrease the likelihood of recidivism, including without limitation: (a) Education; (b) Workforce development; (c) Community service; and (d) Behavioral health programming; (iii) Details on the mechanisms by which points are accumulated and reduced; and (iv) Guidance on which intermediate sanctions should be applied at which point thresholds. (3) Intermediate sanctions shall include without limitation: (A) Day reporting; (B) Community service; (C) Increased substance abuse screening and or treatment; (D) Increased monitoring, including electronic monitoring and home confinement; and (E) (i) Incarceration in a county jail for no more than seven (7) days or incarceration in a Division of Community Correction or Division of Correction facility for no more than one hundred eighty (180) days. (ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an individual probationer. (b) A probationer shall accumulate no more than thirty (30) days' incarceration in a county jail or no more than three hundred sixty (360) days' incarceration in a Division of Community Correction or Division of Correction facility as an intermediate sanction before the probation officer recommends a violation of the person's probation under § 16-93-307 . (c) A probationer is subject to a period of incarceration of: (1) Up to ninety (90) days in a Division of Community Correction or Division of Correction facility for a technical conditions violation; and (2) Exactly one hundred eighty (180) days in a Division of Community Correction or Division of Correction facility for a serious conditions violation. (d) A probationer may not be incarcerated more than two (2) times as a probation sanction in a Division of Community Correction or Division of Correction facility during a two-year period. (4) The Division of Community Correction shall notify the prosecuting attorney in writing when a probationer has been incarcerated due to an administrative sanction under this subsection and shall include an explanation of the cause for incarceration as well as the result of the sanction, if applicable. (e) Any time in custody for which the probationer is held before a period of incarceration under this section is administered shall not count as a period of incarceration ordered under subdivision (d)(3)(E)(ii) (a) of this section or toward the total accumulation of days of incarceration as set forth in subdivision (d)(3)(E)(ii) (b) of this section. (f) A sanction under this section is not available to a person serving a suspended imposition of sentence. (g) A period of incarceration under this section: (1) May be reduced by the Division of Correction or the Division of Community Correction for good behavior and successful program completion; and (2) Shall not be reduced under this section for more than fifty percent (50%) of the total time of incarceration ordered to be served. (h) (1) (A) A probationer subject to an administrative probation sanction under subsection (d) of this section does not have the right to an attorney at the administrative probation sanction but may elect instead to have a probation sanction heard in circuit court as provided in this subchapter and in which he or she has the right to an attorney. (B) This subsection does not prohibit a probationer from conferring with a privately retained attorney during the administrative probation sanction process. (2) (A) The Division of Community Correction shall inform the probationer who is subject to a probation sanction under this section in writing that he or she may elect to have the probation sanction heard in circuit court. (B) If the probationer elects to have his or her probation sanction heard in circuit court, the Division of Community Correction shall notify the prosecuting attorney and cause a petition to hear the probation sanction to be filed in the circuit court within ten (10) days of the election. Amended by Act 2023, No. 659,§ 182, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 181, eff. 1/1/2024. Amended by Act 2019, No. 248,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 423,§ 17, eff. 10/1/2017. Acts 2011, No. 570, § 90.

(a) (1) The Director of the Division of Community Correction with the advice of the Board of Corrections shall establish written policies and procedures governing the supervision of probationers designed to enhance public safety and to assist the probationers in integrating into society. (2) (A) The supervision of probationers shall be based on evidence-based practices, including a validated risk-needs assessment. (B) Decisions shall target the probationer's criminal risk factors with appropriate supervision and treatment. (3) The Division of Community Correction shall assume supervisory responsibilities over a probationer when the circuit court pronounces the probationer's sentence in the courtroom or upon the entry of a sentencing order, whichever occurs first.

(1) The Director of the Division of Community Correction with the advice of the Board of Corrections shall establish written policies and procedures governing the supervision of probationers designed to enhance public safety and to assist the probationers in integrating into society.

(2) (A) The supervision of probationers shall be based on evidence-based practices, including a validated risk-needs assessment. (B) Decisions shall target the probationer's criminal risk factors with appropriate supervision and treatment.

(A) The supervision of probationers shall be based on evidence-based practices, including a validated risk-needs assessment.

(B) Decisions shall target the probationer's criminal risk factors with appropriate supervision and treatment.

(3) The Division of Community Correction shall assume supervisory responsibilities over a probationer when the circuit court pronounces the probationer's sentence in the courtroom or upon the entry of a sentencing order, whichever occurs first.

(b) A probation officer shall: (1) Investigate all cases referred to him or her by the director, the sentencing judge, or the prosecuting attorney; (2) Furnish to each probationer under his or her supervision a written statement of the conditions of probation and instruct the probationer that he or she is required to stay in compliance with the conditions of probation or risk revocation under § 16-93-308 ; (3) Develop a case plan for each individual who is assessed as a moderate to high risk to reoffend based on the risk and needs assessment that targets the criminal risk factors identified in the assessment, is responsive to individual characteristics, and provides supervision of offenders according to that case plan; (4) Stay informed of the probationer's conduct and condition through visitation, required reporting, or other methods, and report to the sentencing court of that information upon request; (5) Use practicable and suitable methods that are consistent with evidence-based practices to aid and encourage a probationer to improve his or her conduct and condition and to reduce the risk of recidivism; (6) (A) Conduct a validated risk-needs assessment of the probationer, including without limitation criminal risk factors and specific individual needs. (B) The actuarial assessment shall include an initial screening and, if necessary, a comprehensive assessment. (C) The results of the risk-needs assessment shall assist in making decisions that are consistent with evidence-based practices on the type of supervision and services necessary to each parolee; and (7) Receive annual training on evidence-based practices and criminal risk factors, as well as instruction on how to target these factors to reduce recidivism.

(1) Investigate all cases referred to him or her by the director, the sentencing judge, or the prosecuting attorney;

(2) Furnish to each probationer under his or her supervision a written statement of the conditions of probation and instruct the probationer that he or she is required to stay in compliance with the conditions of probation or risk revocation under § 16-93-308 ;

(3) Develop a case plan for each individual who is assessed as a moderate to high risk to reoffend based on the risk and needs assessment that targets the criminal risk factors identified in the assessment, is responsive to individual characteristics, and provides supervision of offenders according to that case plan;

(4) Stay informed of the probationer's conduct and condition through visitation, required reporting, or other methods, and report to the sentencing court of that information upon request;

(5) Use practicable and suitable methods that are consistent with evidence-based practices to aid and encourage a probationer to improve his or her conduct and condition and to reduce the risk of recidivism;

(6) (A) Conduct a validated risk-needs assessment of the probationer, including without limitation criminal risk factors and specific individual needs. (B) The actuarial assessment shall include an initial screening and, if necessary, a comprehensive assessment. (C) The results of the risk-needs assessment shall assist in making decisions that are consistent with evidence-based practices on the type of supervision and services necessary to each parolee; and

(A) Conduct a validated risk-needs assessment of the probationer, including without limitation criminal risk factors and specific individual needs.

(B) The actuarial assessment shall include an initial screening and, if necessary, a comprehensive assessment.

(C) The results of the risk-needs assessment shall assist in making decisions that are consistent with evidence-based practices on the type of supervision and services necessary to each parolee; and

(7) Receive annual training on evidence-based practices and criminal risk factors, as well as instruction on how to target these factors to reduce recidivism.

(c) (1) The Division of Community Correction shall allocate resources, including the assignment of probation officers, to focus on moderate-risk and high-risk offenders as determined by the actuarial assessment provided in subdivision (b)(6) of this section. (2) The Division of Community Correction shall require public and private treatment and service providers that receive state funds for the treatment of or service for probationers to use evidence-based programs and practices.

(1) The Division of Community Correction shall allocate resources, including the assignment of probation officers, to focus on moderate-risk and high-risk offenders as determined by the actuarial assessment provided in subdivision (b)(6) of this section.

(2) The Division of Community Correction shall require public and private treatment and service providers that receive state funds for the treatment of or service for probationers to use evidence-based programs and practices.

(d) (1) The Division of Community Correction shall have the authority to sanction probationers administratively without utilizing the revocation process under § 16-93-307 . (2) (A) The Division of Community Correction shall develop an intermediate sanctions procedure and grid to guide a probation officer in determining the appropriate response to a violation of conditions of supervision. (B) Intermediate sanctions administered by the Division of Community Correction are required to conform to the sanctioning grid. (C) The intermediate sanctioning grid shall include: (i) An assignment of point values to commonly occurring violations of terms of probation or criminal behavior; (ii) An assignment of point values to behaviors that decrease the likelihood of recidivism, including without limitation: (a) Education; (b) Workforce development; (c) Community service; and (d) Behavioral health programming; (iii) Details on the mechanisms by which points are accumulated and reduced; and (iv) Guidance on which intermediate sanctions should be applied at which point thresholds. (3) Intermediate sanctions shall include without limitation: (A) Day reporting; (B) Community service; (C) Increased substance abuse screening and or treatment; (D) Increased monitoring, including electronic monitoring and home confinement; and (E) (i) Incarceration in a county jail for no more than seven (7) days or incarceration in a Division of Community Correction or Division of Correction facility for no more than one hundred eighty (180) days. (ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an individual probationer. (b) A probationer shall accumulate no more than thirty (30) days' incarceration in a county jail or no more than three hundred sixty (360) days' incarceration in a Division of Community Correction or Division of Correction facility as an intermediate sanction before the probation officer recommends a violation of the person's probation under § 16-93-307 . (c) A probationer is subject to a period of incarceration of: (1) Up to ninety (90) days in a Division of Community Correction or Division of Correction facility for a technical conditions violation; and (2) Exactly one hundred eighty (180) days in a Division of Community Correction or Division of Correction facility for a serious conditions violation. (d) A probationer may not be incarcerated more than two (2) times as a probation sanction in a Division of Community Correction or Division of Correction facility during a two-year period. (4) The Division of Community Correction shall notify the prosecuting attorney in writing when a probationer has been incarcerated due to an administrative sanction under this subsection and shall include an explanation of the cause for incarceration as well as the result of the sanction, if applicable.

(1) The Division of Community Correction shall have the authority to sanction probationers administratively without utilizing the revocation process under § 16-93-307 .

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

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

(B) Intermediate sanctions administered by the Division of Community Correction are required to conform to the sanctioning grid.

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

(i) An assignment of point values to commonly occurring violations of terms of probation or criminal behavior;

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

(a) Education;

(b) Workforce development;

(c) Community service; and

(d) Behavioral health programming;

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

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

(3) Intermediate sanctions shall include without limitation: (A) Day reporting; (B) Community service; (C) Increased substance abuse screening and or treatment; (D) Increased monitoring, including electronic monitoring and home confinement; and (E) (i) Incarceration in a county jail for no more than seven (7) days or incarceration in a Division of Community Correction or Division of Correction facility for no more than one hundred eighty (180) days. (ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an individual probationer. (b) A probationer shall accumulate no more than thirty (30) days' incarceration in a county jail or no more than three hundred sixty (360) days' incarceration in a Division of Community Correction or Division of Correction facility as an intermediate sanction before the probation officer recommends a violation of the person's probation under § 16-93-307 . (c) A probationer is subject to a period of incarceration of: (1) Up to ninety (90) days in a Division of Community Correction or Division of Correction facility for a technical conditions violation; and (2) Exactly one hundred eighty (180) days in a Division of Community Correction or Division of Correction facility for a serious conditions violation. (d) A probationer may not be incarcerated more than two (2) times as a probation sanction in a Division of Community Correction or Division of Correction facility during a two-year period.

(A) Day reporting;

(B) Community service;

(C) Increased substance abuse screening and or treatment;

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

(E) (i) Incarceration in a county jail for no more than seven (7) days or incarceration in a Division of Community Correction or Division of Correction facility for no more than one hundred eighty (180) days. (ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an individual probationer. (b) A probationer shall accumulate no more than thirty (30) days' incarceration in a county jail or no more than three hundred sixty (360) days' incarceration in a Division of Community Correction or Division of Correction facility as an intermediate sanction before the probation officer recommends a violation of the person's probation under § 16-93-307 . (c) A probationer is subject to a period of incarceration of: (1) Up to ninety (90) days in a Division of Community Correction or Division of Correction facility for a technical conditions violation; and (2) Exactly one hundred eighty (180) days in a Division of Community Correction or Division of Correction facility for a serious conditions violation. (d) A probationer may not be incarcerated more than two (2) times as a probation sanction in a Division of Community Correction or Division of Correction facility during a two-year period.

(i) Incarceration in a county jail for no more than seven (7) days or incarceration in a Division of Community Correction or Division of Correction facility for no more than one hundred eighty (180) days.

(ii) (a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an individual probationer. (b) A probationer shall accumulate no more than thirty (30) days' incarceration in a county jail or no more than three hundred sixty (360) days' incarceration in a Division of Community Correction or Division of Correction facility as an intermediate sanction before the probation officer recommends a violation of the person's probation under § 16-93-307 . (c) A probationer is subject to a period of incarceration of: (1) Up to ninety (90) days in a Division of Community Correction or Division of Correction facility for a technical conditions violation; and (2) Exactly one hundred eighty (180) days in a Division of Community Correction or Division of Correction facility for a serious conditions violation. (d) A probationer may not be incarcerated more than two (2) times as a probation sanction in a Division of Community Correction or Division of Correction facility during a two-year period.

(a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an individual probationer.

(b) A probationer shall accumulate no more than thirty (30) days' incarceration in a county jail or no more than three hundred sixty (360) days' incarceration in a Division of Community Correction or Division of Correction facility as an intermediate sanction before the probation officer recommends a violation of the person's probation under § 16-93-307 .

(c) A probationer is subject to a period of incarceration of: (1) Up to ninety (90) days in a Division of Community Correction or Division of Correction facility for a technical conditions violation; and (2) Exactly one hundred eighty (180) days in a Division of Community Correction or Division of Correction facility for a serious conditions violation.

(1) Up to ninety (90) days in a Division of Community Correction or Division of Correction facility for a technical conditions violation; and

(2) Exactly one hundred eighty (180) days in a Division of Community Correction or Division of Correction facility for a serious conditions violation.

(d) A probationer may not be incarcerated more than two (2) times as a probation sanction in a Division of Community Correction or Division of Correction facility during a two-year period.

(4) The Division of Community Correction shall notify the prosecuting attorney in writing when a probationer has been incarcerated due to an administrative sanction under this subsection and shall include an explanation of the cause for incarceration as well as the result of the sanction, if applicable.

(e) Any time in custody for which the probationer is held before a period of incarceration under this section is administered shall not count as a period of incarceration ordered under subdivision (d)(3)(E)(ii) (a) of this section or toward the total accumulation of days of incarceration as set forth in subdivision (d)(3)(E)(ii) (b) of this section.

(f) A sanction under this section is not available to a person serving a suspended imposition of sentence.

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

(1) May be reduced by the Division of Correction or the Division of Community Correction for good behavior and successful program completion; and

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

(h) (1) (A) A probationer subject to an administrative probation sanction under subsection (d) of this section does not have the right to an attorney at the administrative probation sanction but may elect instead to have a probation sanction heard in circuit court as provided in this subchapter and in which he or she has the right to an attorney. (B) This subsection does not prohibit a probationer from conferring with a privately retained attorney during the administrative probation sanction process. (2) (A) The Division of Community Correction shall inform the probationer who is subject to a probation sanction under this section in writing that he or she may elect to have the probation sanction heard in circuit court. (B) If the probationer elects to have his or her probation sanction heard in circuit court, the Division of Community Correction shall notify the prosecuting attorney and cause a petition to hear the probation sanction to be filed in the circuit court within ten (10) days of the election.

(1) (A) A probationer subject to an administrative probation sanction under subsection (d) of this section does not have the right to an attorney at the administrative probation sanction but may elect instead to have a probation sanction heard in circuit court as provided in this subchapter and in which he or she has the right to an attorney. (B) This subsection does not prohibit a probationer from conferring with a privately retained attorney during the administrative probation sanction process.

(A) A probationer subject to an administrative probation sanction under subsection (d) of this section does not have the right to an attorney at the administrative probation sanction but may elect instead to have a probation sanction heard in circuit court as provided in this subchapter and in which he or she has the right to an attorney.

(B) This subsection does not prohibit a probationer from conferring with a privately retained attorney during the administrative probation sanction process.

(2) (A) The Division of Community Correction shall inform the probationer who is subject to a probation sanction under this section in writing that he or she may elect to have the probation sanction heard in circuit court. (B) If the probationer elects to have his or her probation sanction heard in circuit court, the Division of Community Correction shall notify the prosecuting attorney and cause a petition to hear the probation sanction to be filed in the circuit court within ten (10) days of the election.

(A) The Division of Community Correction shall inform the probationer who is subject to a probation sanction under this section in writing that he or she may elect to have the probation sanction heard in circuit court.

(B) If the probationer elects to have his or her probation sanction heard in circuit court, the Division of Community Correction shall notify the prosecuting attorney and cause a petition to hear the probation sanction to be filed in the circuit court within ten (10) days of the election.

Amended by Act 2023, No. 659,§ 182, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 181, eff. 1/1/2024.

Amended by Act 2019, No. 248,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 423,§ 17, eff. 10/1/2017.

Acts 2011, No. 570, § 90.
Ark. Code Ann. § 16-33-201 — AR Code / Title 16 / Chapter 33 / Subchapter 2 / Section 16-33-201
Challenge to the array
Status: in_force

A challenge to the array shall be decided by the court. Civil Code, § 345; C. & M. Dig., § 6379; Pope's Dig., § 8341; A.S.A. 1947, § 39-227.

A challenge to the array shall be decided by the court.

Civil Code, § 345; C. & M. Dig., § 6379; Pope's Dig., § 8341; A.S.A. 1947, § 39-227.
Ark. Code Ann. § 16-10-128 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-128
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 4, eff. 8/1/2023. Rev. Stat., ch. 43, § 17; C. & M. Dig., § 2101; Pope's Dig., § 2705; A.S.A. 1947, § 22-107.

Repealed by Act 2023, No. 177,§ 4, eff. 8/1/2023.

Rev. Stat., ch. 43, § 17; C. & M. Dig., § 2101; Pope's Dig., § 2705; A.S.A. 1947, § 22-107.
Ark. Code Ann. § 16-66-415 — AR Code / Title 16 / Chapter 66 / Subchapter 4 / Section 16-66-415
Officers not to bid at sale
Status: in_force

No officer to whom any execution may be directed, any of his or her deputies, or any person for them shall purchase any goods and chattels, real estate, or other effects at any sale made by virtue of any such execution. All purchases so made shall be void. Rev. Stat., ch. 60, § 51; C. & M. Dig., § 4322; Pope's Dig., § 5334; A.S.A. 1947, § 30-430.

No officer to whom any execution may be directed, any of his or her deputies, or any person for them shall purchase any goods and chattels, real estate, or other effects at any sale made by virtue of any such execution. All purchases so made shall be void.

Rev. Stat., ch. 60, § 51; C. & M. Dig., § 4322; Pope's Dig., § 5334; A.S.A. 1947, § 30-430.
Ark. Code Ann. § 16-13-1005 — AR Code / Title 16 / Chapter 13 / Subchapter 10 / Section 16-13-1005
Additional judgeship
Status: in_force

(a) Effective immediately upon passage and approval of this act, there is hereby created in the Second Judicial District an additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate. (b) As soon as possible after March 10, 1997, the Governor shall appoint a qualified person to temporarily fill the Second Judicial District circuit-chancery judgeship created herein, and the appointed person shall serve until December 31, 1998, or until a successor has been elected and qualified, whichever occurs last. (c) The qualified electors of the Second Judicial District shall elect the additional circuit-chancery judge created herein at the November 1998 general election to take office on January 1, 1999. The additional judge shall be elected at large and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit-chancery courts. The judge shall serve for elected terms of four (4) years. (d) With the consideration of the creation of this judgeship, the General Assembly is aware of the requirements of the federal Voting Rights Act and the consent decree entered in Eugene Hunt, et al. vs. State of Arkansas, et al. After thorough review of the caseload statistics from the Second Judicial Circuit, the distribution of these cases between the various counties within the judicial circuit, the demographic makeup of the general voting age population and the licensed attorneys within the district, the recent decisions of the United States Supreme Court interpreting the requirements of the federal law, and based upon the recommendation of the Arkansas Judicial Council, the judgeship is to be elected in the manner and as specified in subsection (c) of this section. Acts 1997, No. 403, § 1.

(a) Effective immediately upon passage and approval of this act, there is hereby created in the Second Judicial District an additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate.

(b) As soon as possible after March 10, 1997, the Governor shall appoint a qualified person to temporarily fill the Second Judicial District circuit-chancery judgeship created herein, and the appointed person shall serve until December 31, 1998, or until a successor has been elected and qualified, whichever occurs last.

(c) The qualified electors of the Second Judicial District shall elect the additional circuit-chancery judge created herein at the November 1998 general election to take office on January 1, 1999. The additional judge shall be elected at large and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit-chancery courts. The judge shall serve for elected terms of four (4) years.

(d) With the consideration of the creation of this judgeship, the General Assembly is aware of the requirements of the federal Voting Rights Act and the consent decree entered in Eugene Hunt, et al. vs. State of Arkansas, et al. After thorough review of the caseload statistics from the Second Judicial Circuit, the distribution of these cases between the various counties within the judicial circuit, the demographic makeup of the general voting age population and the licensed attorneys within the district, the recent decisions of the United States Supreme Court interpreting the requirements of the federal law, and based upon the recommendation of the Arkansas Judicial Council, the judgeship is to be elected in the manner and as specified in subsection (c) of this section.

Acts 1997, No. 403, § 1.
Ark. Code Ann. § 16-112-118 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-118
Discharge
Status: in_force

(a) No person shall be discharged under the provisions of this act: (1) Who is in custody or held by virtue of any legal engagement or enlistment in the United States Army or the United States Navy; (2) Who, being subject to the rules and articles of war, is confined by anyone legally acting under the authority thereof; (3) Who is held as a prisoner of war under the authority of the United States; or (4) Who is in custody for any treason, felony, or other high misdemeanor committed in any other state or territory and who, by the United States Constitution and laws of the United States, ought to be delivered up to the legal authorities of the state or territory. (b) (1) If it appears that the prisoner is in custody by virtue of process from any court legally constituted or issued by any officer in the exercise of judicial proceedings before him or her, the prisoner can only be discharged in one (1) of the following cases: (A) Where the jurisdiction of the court or officer has been exceeded, either as to matter, place, sum, or person; (B) Where, though the original imprisonment was lawful, yet, by some act, omission, or event which has taken place afterward, the party has become entitled to his or her discharge; (C) Where the process is defective in some matter or substance required by law, rendering the process void; (D) Where the process, though in proper form, has been issued in a case, or under circumstances, not authorized by law; (E) Where the process, though in proper form, has been issued or executed by a person who is not authorized to issue or execute the process, or where the person having the custody of the prisoner, under the process, is not the person empowered by law to detain him or her; or (F) Where the process is not authorized by any judgment, order, decree, or by any provision of law. (2) No court under this act shall in any other matter have power to inquire into the legality or justice of the process, judgment, decree, or order of any court, legally constituted, nor into the justice or propriety of any commitment for contempt made by any court, officer, or body corporate, according to law, and plainly charged in the commitment, as provided in this act. (c) No person imprisoned on an indictment, found in any court of competent jurisdiction, or by virtue of any process or commitment to enforce an indictment, can be discharged under the provisions of this act. However, if the offense is bailable, he or she may be let to bail, and if the offense is not bailable, he or she shall be remanded forthwith. (d) Where the imprisonment is for any criminal or supposed criminal matter, the court or judge before whom the prisoner shall be brought, under the provisions of this act, shall not discharge him or her for informality, insufficiency, or irregularity of the commitment. However, if from the examination taken and certified by the committing magistrate, or other evidence, it appears that there is sufficient legal cause for commitment, he or she shall proceed to take bail, if the offense is bailable and sufficient bail is offered, and if not, he or she shall recommit the prisoner to jail. Rev. Stat., ch. 73, art. 3, §§ 7, 9, 10, 12, 13; C. & M. Dig., §§ 5077-5081; Pope's Dig., §§ 6340-6344; A.S.A. 1947, §§ 34-1732 -- 34-1736.

(a) No person shall be discharged under the provisions of this act: (1) Who is in custody or held by virtue of any legal engagement or enlistment in the United States Army or the United States Navy; (2) Who, being subject to the rules and articles of war, is confined by anyone legally acting under the authority thereof; (3) Who is held as a prisoner of war under the authority of the United States; or (4) Who is in custody for any treason, felony, or other high misdemeanor committed in any other state or territory and who, by the United States Constitution and laws of the United States, ought to be delivered up to the legal authorities of the state or territory.

(1) Who is in custody or held by virtue of any legal engagement or enlistment in the United States Army or the United States Navy;

(2) Who, being subject to the rules and articles of war, is confined by anyone legally acting under the authority thereof;

(3) Who is held as a prisoner of war under the authority of the United States; or

(4) Who is in custody for any treason, felony, or other high misdemeanor committed in any other state or territory and who, by the United States Constitution and laws of the United States, ought to be delivered up to the legal authorities of the state or territory.

(b) (1) If it appears that the prisoner is in custody by virtue of process from any court legally constituted or issued by any officer in the exercise of judicial proceedings before him or her, the prisoner can only be discharged in one (1) of the following cases: (A) Where the jurisdiction of the court or officer has been exceeded, either as to matter, place, sum, or person; (B) Where, though the original imprisonment was lawful, yet, by some act, omission, or event which has taken place afterward, the party has become entitled to his or her discharge; (C) Where the process is defective in some matter or substance required by law, rendering the process void; (D) Where the process, though in proper form, has been issued in a case, or under circumstances, not authorized by law; (E) Where the process, though in proper form, has been issued or executed by a person who is not authorized to issue or execute the process, or where the person having the custody of the prisoner, under the process, is not the person empowered by law to detain him or her; or (F) Where the process is not authorized by any judgment, order, decree, or by any provision of law. (2) No court under this act shall in any other matter have power to inquire into the legality or justice of the process, judgment, decree, or order of any court, legally constituted, nor into the justice or propriety of any commitment for contempt made by any court, officer, or body corporate, according to law, and plainly charged in the commitment, as provided in this act.

(1) If it appears that the prisoner is in custody by virtue of process from any court legally constituted or issued by any officer in the exercise of judicial proceedings before him or her, the prisoner can only be discharged in one (1) of the following cases: (A) Where the jurisdiction of the court or officer has been exceeded, either as to matter, place, sum, or person; (B) Where, though the original imprisonment was lawful, yet, by some act, omission, or event which has taken place afterward, the party has become entitled to his or her discharge; (C) Where the process is defective in some matter or substance required by law, rendering the process void; (D) Where the process, though in proper form, has been issued in a case, or under circumstances, not authorized by law; (E) Where the process, though in proper form, has been issued or executed by a person who is not authorized to issue or execute the process, or where the person having the custody of the prisoner, under the process, is not the person empowered by law to detain him or her; or (F) Where the process is not authorized by any judgment, order, decree, or by any provision of law.

(A) Where the jurisdiction of the court or officer has been exceeded, either as to matter, place, sum, or person;

(B) Where, though the original imprisonment was lawful, yet, by some act, omission, or event which has taken place afterward, the party has become entitled to his or her discharge;

(C) Where the process is defective in some matter or substance required by law, rendering the process void;

(D) Where the process, though in proper form, has been issued in a case, or under circumstances, not authorized by law;

(E) Where the process, though in proper form, has been issued or executed by a person who is not authorized to issue or execute the process, or where the person having the custody of the prisoner, under the process, is not the person empowered by law to detain him or her; or

(F) Where the process is not authorized by any judgment, order, decree, or by any provision of law.

(2) No court under this act shall in any other matter have power to inquire into the legality or justice of the process, judgment, decree, or order of any court, legally constituted, nor into the justice or propriety of any commitment for contempt made by any court, officer, or body corporate, according to law, and plainly charged in the commitment, as provided in this act.

(c) No person imprisoned on an indictment, found in any court of competent jurisdiction, or by virtue of any process or commitment to enforce an indictment, can be discharged under the provisions of this act. However, if the offense is bailable, he or she may be let to bail, and if the offense is not bailable, he or she shall be remanded forthwith.

(d) Where the imprisonment is for any criminal or supposed criminal matter, the court or judge before whom the prisoner shall be brought, under the provisions of this act, shall not discharge him or her for informality, insufficiency, or irregularity of the commitment. However, if from the examination taken and certified by the committing magistrate, or other evidence, it appears that there is sufficient legal cause for commitment, he or she shall proceed to take bail, if the offense is bailable and sufficient bail is offered, and if not, he or she shall recommit the prisoner to jail.

Rev. Stat., ch. 73, art. 3, §§ 7, 9, 10, 12, 13; C. & M. Dig., §§ 5077-5081; Pope's Dig., §§ 6340-6344; A.S.A. 1947, §§ 34-1732 -- 34-1736.
Ark. Code Ann. § 16-13-712 — AR Code / Title 16 / Chapter 13 / Subchapter 7 / Section 16-13-712
Judicial Fine Collection Enhancement Fund
Status: in_force

(a) There is hereby created on the books of the Treasurer of State the "Judicial Fine Collection Enhancement Fund", into which the time-payment fees established by § 16-13-704 shall be deposited. (b) (1) From the revenues deposited into the fund, the Administrative Office of the Courts shall purchase computer hardware to make available to entities designated in § 16-13-709 and responsible for fine collection in each county in order to assist with the assessment, collection, and reporting of fines. (2) The Administrative Office of the Courts shall also purchase or develop computer software to provide for the uniform assessment, collection, management, and reporting of fines. Acts 1995, No. 1262, § 11.

(a) There is hereby created on the books of the Treasurer of State the "Judicial Fine Collection Enhancement Fund", into which the time-payment fees established by § 16-13-704 shall be deposited.

(b) (1) From the revenues deposited into the fund, the Administrative Office of the Courts shall purchase computer hardware to make available to entities designated in § 16-13-709 and responsible for fine collection in each county in order to assist with the assessment, collection, and reporting of fines. (2) The Administrative Office of the Courts shall also purchase or develop computer software to provide for the uniform assessment, collection, management, and reporting of fines.

(1) From the revenues deposited into the fund, the Administrative Office of the Courts shall purchase computer hardware to make available to entities designated in § 16-13-709 and responsible for fine collection in each county in order to assist with the assessment, collection, and reporting of fines.

(2) The Administrative Office of the Courts shall also purchase or develop computer software to provide for the uniform assessment, collection, management, and reporting of fines.

Acts 1995, No. 1262, § 11.
Ark. Code Ann. § 16-93-1209 — AR Code / Title 16 / Chapter 93 / Subchapter 12 / Section 16-93-1209
Liability
Status: in_force

The Division of Correction, the Board of Corrections, the Division of Community Correction, the Post-Prison Transfer Board, and all governmental agencies and units utilizing eligible offenders in community correction programs as defined in this subchapter are immune from liability and suit for damages, and no tort action shall lie against the Division of Correction, the Board of Corrections, the Division of Community Correction, the Post-Prison Transfer Board, and any governmental agency or unit or any of their employees because of any acts of eligible offenders utilized under the provisions of this subchapter. Amended by Act 2023, No. 659,§ 227, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 945, eff. 7/1/2019. Acts 1993, No. 531, § 9; 1993, No. 548, § 9; 2005, No. 1994, § 288.

The Division of Correction, the Board of Corrections, the Division of Community Correction, the Post-Prison Transfer Board, and all governmental agencies and units utilizing eligible offenders in community correction programs as defined in this subchapter are immune from liability and suit for damages, and no tort action shall lie against the Division of Correction, the Board of Corrections, the Division of Community Correction, the Post-Prison Transfer Board, and any governmental agency or unit or any of their employees because of any acts of eligible offenders utilized under the provisions of this subchapter.

Amended by Act 2023, No. 659,§ 227, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 945, eff. 7/1/2019.

Acts 1993, No. 531, § 9; 1993, No. 548, § 9; 2005, No. 1994, § 288.
Ark. Code Ann. § 16-32-105 — AR Code / Title 16 / Chapter 32 / Subchapter 1 / Section 16-32-105
Drawing for petit jurors
Status: in_force

(a) (1) After the names have been placed in the wheel or box and not less than fifteen (15) days prior to the first jury trial in the year for which the prospective jurors have been selected, the circuit judge shall enter an order which shall be spread of record stating a time and place for the initial drawing for the names of petit jurors from the wheel or box. (2) At the time and place designated, the wheel or box shall be unlocked in open court. (3) After the names have been thoroughly mixed, the circuit judge shall cause to be drawn the number of names which in his or her opinion shall be necessary to provide a panel of qualified petit jurors for the trial of cases, after excuses from attendance have been granted to those who are entitled to be excused. (4) As the names are drawn, they shall be recorded in the same order by the circuit clerk in a book to be provided for that purpose, and if the name of any person known to have died or found by the court upon inquiry to be unfit and disqualified under § 16-31-102(a) is drawn, that name shall be put aside and not used and a notation of the discarding of the name and reason therefor shall be made in the jury book. (5) The same procedures outlined in this section shall be followed in the event all of the jurors whose names are listed in the jury book shall be excused from further service. (b) The drawing and recording of jurors under subdivisions (a)(1)-(5) of this section may be accomplished by a computerized random jury selection process. Acts 1975, No. 485, § 3; A.S.A. 1947, § 39-209.1; Acts 2005, No. 87, § 4.

(a) (1) After the names have been placed in the wheel or box and not less than fifteen (15) days prior to the first jury trial in the year for which the prospective jurors have been selected, the circuit judge shall enter an order which shall be spread of record stating a time and place for the initial drawing for the names of petit jurors from the wheel or box. (2) At the time and place designated, the wheel or box shall be unlocked in open court. (3) After the names have been thoroughly mixed, the circuit judge shall cause to be drawn the number of names which in his or her opinion shall be necessary to provide a panel of qualified petit jurors for the trial of cases, after excuses from attendance have been granted to those who are entitled to be excused. (4) As the names are drawn, they shall be recorded in the same order by the circuit clerk in a book to be provided for that purpose, and if the name of any person known to have died or found by the court upon inquiry to be unfit and disqualified under § 16-31-102(a) is drawn, that name shall be put aside and not used and a notation of the discarding of the name and reason therefor shall be made in the jury book. (5) The same procedures outlined in this section shall be followed in the event all of the jurors whose names are listed in the jury book shall be excused from further service.

(1) After the names have been placed in the wheel or box and not less than fifteen (15) days prior to the first jury trial in the year for which the prospective jurors have been selected, the circuit judge shall enter an order which shall be spread of record stating a time and place for the initial drawing for the names of petit jurors from the wheel or box.

(2) At the time and place designated, the wheel or box shall be unlocked in open court.

(3) After the names have been thoroughly mixed, the circuit judge shall cause to be drawn the number of names which in his or her opinion shall be necessary to provide a panel of qualified petit jurors for the trial of cases, after excuses from attendance have been granted to those who are entitled to be excused.

(4) As the names are drawn, they shall be recorded in the same order by the circuit clerk in a book to be provided for that purpose, and if the name of any person known to have died or found by the court upon inquiry to be unfit and disqualified under § 16-31-102(a) is drawn, that name shall be put aside and not used and a notation of the discarding of the name and reason therefor shall be made in the jury book.

(5) The same procedures outlined in this section shall be followed in the event all of the jurors whose names are listed in the jury book shall be excused from further service.

(b) The drawing and recording of jurors under subdivisions (a)(1)-(5) of this section may be accomplished by a computerized random jury selection process.

Acts 1975, No. 485, § 3; A.S.A. 1947, § 39-209.1; Acts 2005, No. 87, § 4.
Ark. Code Ann. § 16-13-1002 — AR Code / Title 16 / Chapter 13 / Subchapter 10 / Section 16-13-1002
Terms of court - Adjournment - Recess
Status: in_force

(a) (1) The terms of the circuit courts of the counties and districts of the Second Judicial District shall commence at the times and places provided for below and shall run for a period of one (1) year: (A) (i) In the Eastern District of Clay County: On the first Monday in January; (ii) In the Western District of Clay County: On the third Monday in January; (B) (i) In the Western District of Craighead County: On the first Monday in January; (ii) In the Eastern District of Craighead County: On the third Monday in February; (C) (i) In the Chickasawba District of Mississippi County: On the first Monday in January; (ii) In the Osceola District of Mississippi County: On the fourth Monday in February; (D) In Crittenden County: On the fourth Monday in January; (E) In Greene County: On the second Monday in February; and (F) In Poinsett County: On the fourth Monday in March. (2) In the event any of the dates provided in this subsection should fall upon a legal holiday, the term shall commence on the next succeeding day. (b) The circuit courts of the Second Judicial District shall always be open for the transaction of business on all matters over which they have jurisdiction, except on those days now excluded by law, if any. (c) There shall be no final adjournments, but the circuit courts of the counties and districts of the district may adjourn from day to day as business within the district demands. Those adjournments shall be considered recesses and shall not prohibit the circuit courts from sitting at any time. Acts 1891, No. 62, § 2, p. 110; 1891, No. 89, § 1, p. 158; 1911, No. 138, § 8, p. 110; 1927, No. 219, §§ 1, 2; 1949, No. 18, § 1; 1965, No. 505, § 8; 1967, No. 12, § 1; 1981, No. 224, §§ 1, 2; 1981, No. 982, §§ 1, 2; A.S.A. 1947, §§ 22-310, 22-310n.

(a) (1) The terms of the circuit courts of the counties and districts of the Second Judicial District shall commence at the times and places provided for below and shall run for a period of one (1) year: (A) (i) In the Eastern District of Clay County: On the first Monday in January; (ii) In the Western District of Clay County: On the third Monday in January; (B) (i) In the Western District of Craighead County: On the first Monday in January; (ii) In the Eastern District of Craighead County: On the third Monday in February; (C) (i) In the Chickasawba District of Mississippi County: On the first Monday in January; (ii) In the Osceola District of Mississippi County: On the fourth Monday in February; (D) In Crittenden County: On the fourth Monday in January; (E) In Greene County: On the second Monday in February; and (F) In Poinsett County: On the fourth Monday in March. (2) In the event any of the dates provided in this subsection should fall upon a legal holiday, the term shall commence on the next succeeding day.

(1) The terms of the circuit courts of the counties and districts of the Second Judicial District shall commence at the times and places provided for below and shall run for a period of one (1) year: (A) (i) In the Eastern District of Clay County: On the first Monday in January; (ii) In the Western District of Clay County: On the third Monday in January; (B) (i) In the Western District of Craighead County: On the first Monday in January; (ii) In the Eastern District of Craighead County: On the third Monday in February; (C) (i) In the Chickasawba District of Mississippi County: On the first Monday in January; (ii) In the Osceola District of Mississippi County: On the fourth Monday in February; (D) In Crittenden County: On the fourth Monday in January; (E) In Greene County: On the second Monday in February; and (F) In Poinsett County: On the fourth Monday in March.

(A) (i) In the Eastern District of Clay County: On the first Monday in January; (ii) In the Western District of Clay County: On the third Monday in January;

(i) In the Eastern District of Clay County: On the first Monday in January;

(ii) In the Western District of Clay County: On the third Monday in January;

(B) (i) In the Western District of Craighead County: On the first Monday in January; (ii) In the Eastern District of Craighead County: On the third Monday in February;

(i) In the Western District of Craighead County: On the first Monday in January;

(ii) In the Eastern District of Craighead County: On the third Monday in February;

(C) (i) In the Chickasawba District of Mississippi County: On the first Monday in January; (ii) In the Osceola District of Mississippi County: On the fourth Monday in February;

(i) In the Chickasawba District of Mississippi County: On the first Monday in January;

(ii) In the Osceola District of Mississippi County: On the fourth Monday in February;

(D) In Crittenden County: On the fourth Monday in January;

(E) In Greene County: On the second Monday in February; and

(F) In Poinsett County: On the fourth Monday in March.

(2) In the event any of the dates provided in this subsection should fall upon a legal holiday, the term shall commence on the next succeeding day.

(b) The circuit courts of the Second Judicial District shall always be open for the transaction of business on all matters over which they have jurisdiction, except on those days now excluded by law, if any.

(c) There shall be no final adjournments, but the circuit courts of the counties and districts of the district may adjourn from day to day as business within the district demands. Those adjournments shall be considered recesses and shall not prohibit the circuit courts from sitting at any time.

Acts 1891, No. 62, § 2, p. 110; 1891, No. 89, § 1, p. 158; 1911, No. 138, § 8, p. 110; 1927, No. 219, §§ 1, 2; 1949, No. 18, § 1; 1965, No. 505, § 8; 1967, No. 12, § 1; 1981, No. 224, §§ 1, 2; 1981, No. 982, §§ 1, 2; A.S.A. 1947, §§ 22-310, 22-310n.
Ark. Code Ann. § 16-90-1004 — AR Code / Title 16 / Chapter 90 / Subchapter 10 / Section 16-90-1004
Confidentiality of board records
Status: in_force

The Crime Victims Reparations Board records relating to reports of criminal acts are confidential. Acts 1995, No. 1300, § 3.

The Crime Victims Reparations Board records relating to reports of criminal acts are confidential.

Acts 1995, No. 1300, § 3.
Ark. Code Ann. § 16-21-117 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-117
Salaries of prosecuting attorneys - Classification of judicial districts
Status: in_force

For the purposes of fixing just and equitable salaries for the several prosecuting attorneys of the State of Arkansas, the judicial districts of the State of Arkansas are divided as follows: (1) (A) All judicial districts having a population in excess of one hundred fifteen thousand (115,000), with at least one (1) county having a population in excess of eighty-five thousand (85,000), or any judicial district with two (2) county seats, in which one of the county seats has a population in excess of sixty thousand (60,000) by the most recent federal census, or any other judicial district in which the prosecuting attorney executes and files with the Clerk of the Senate and the Clerk of the House of Representatives an affidavit stating that: (i) The workload of the district, in his opinion, justifies the designation of the district as a Division A Judicial District; and (ii) Adequate funds for the efficient operation of the office have been appropriated by the quorum court of the counties which comprise the district shall be designated Division A Judicial Districts for the purposes of this section. (B) No district shall be changed from Division B to Division A except by legislative enactment of the General Assembly. (2) All judicial districts not designated as Division A Judicial Districts shall be Division B Judicial Districts for the purposes of this section. Acts 1937, No. 214, §§ 1, 2; Pope's Dig., §§ 10902, 10903; Acts 1947, No. 422, § 1; 1949, No. 213, § 1; 1949, No. 466, § 1; 1951, No. 32, § 1; 1951, No. 61, § 1; 1953, No. 57, §§ 1, 2; 1957, No. 420, § 1; 1961, No. 176, § 1; 1963, No. 454, § 1; 1963, No. 486, § 1; 1965, No. 406, § 1; 1967, No. 307, § 1; 1971, No. 384, §§ 1, 2; 1973, No. 779, §§ 1-3; 1975, No. 898, §§ 1, 2; 1977, No. 319, §§ 1, 2; 1979, No. 447, §§ 1, 2; 1979, No. 834, § 2; 1981, No. 193, § 1; 1981 (Ex. Sess.), No. 5, § 1; A.S.A. 1947, §§ 24-110, 24-111; Acts 1987, No. 76, § 1; 1988 (3rd Ex. Sess.), No. 12, § 1; 1989, No. 13, § 1; 1989, No. 813, § 1; 1992 (1st Ex. Sess.), No. 33, § 2; 1993, No. 1306, § 11.

For the purposes of fixing just and equitable salaries for the several prosecuting attorneys of the State of Arkansas, the judicial districts of the State of Arkansas are divided as follows:

(1) (A) All judicial districts having a population in excess of one hundred fifteen thousand (115,000), with at least one (1) county having a population in excess of eighty-five thousand (85,000), or any judicial district with two (2) county seats, in which one of the county seats has a population in excess of sixty thousand (60,000) by the most recent federal census, or any other judicial district in which the prosecuting attorney executes and files with the Clerk of the Senate and the Clerk of the House of Representatives an affidavit stating that: (i) The workload of the district, in his opinion, justifies the designation of the district as a Division A Judicial District; and (ii) Adequate funds for the efficient operation of the office have been appropriated by the quorum court of the counties which comprise the district shall be designated Division A Judicial Districts for the purposes of this section. (B) No district shall be changed from Division B to Division A except by legislative enactment of the General Assembly.

(A) All judicial districts having a population in excess of one hundred fifteen thousand (115,000), with at least one (1) county having a population in excess of eighty-five thousand (85,000), or any judicial district with two (2) county seats, in which one of the county seats has a population in excess of sixty thousand (60,000) by the most recent federal census, or any other judicial district in which the prosecuting attorney executes and files with the Clerk of the Senate and the Clerk of the House of Representatives an affidavit stating that: (i) The workload of the district, in his opinion, justifies the designation of the district as a Division A Judicial District; and (ii) Adequate funds for the efficient operation of the office have been appropriated by the quorum court of the counties which comprise the district shall be designated Division A Judicial Districts for the purposes of this section.

(i) The workload of the district, in his opinion, justifies the designation of the district as a Division A Judicial District; and

(ii) Adequate funds for the efficient operation of the office have been appropriated by the quorum court of the counties which comprise the district shall be designated Division A Judicial Districts for the purposes of this section.

shall be designated Division A Judicial Districts for the purposes of this section.

(B) No district shall be changed from Division B to Division A except by legislative enactment of the General Assembly.

(2) All judicial districts not designated as Division A Judicial Districts shall be Division B Judicial Districts for the purposes of this section.

Acts 1937, No. 214, §§ 1, 2; Pope's Dig., §§ 10902, 10903; Acts 1947, No. 422, § 1; 1949, No. 213, § 1; 1949, No. 466, § 1; 1951, No. 32, § 1; 1951, No. 61, § 1; 1953, No. 57, §§ 1, 2; 1957, No. 420, § 1; 1961, No. 176, § 1; 1963, No. 454, § 1; 1963, No. 486, § 1; 1965, No. 406, § 1; 1967, No. 307, § 1; 1971, No. 384, §§ 1, 2; 1973, No. 779, §§ 1-3; 1975, No. 898, §§ 1, 2; 1977, No. 319, §§ 1, 2; 1979, No. 447, §§ 1, 2; 1979, No. 834, § 2; 1981, No. 193, § 1; 1981 (Ex. Sess.), No. 5, § 1; A.S.A. 1947, §§ 24-110, 24-111; Acts 1987, No. 76, § 1; 1988 (3rd Ex. Sess.), No. 12, § 1; 1989, No. 13, § 1; 1989, No. 813, § 1; 1992 (1st Ex. Sess.), No. 33, § 2; 1993, No. 1306, § 11.
Ark. Code Ann. § 16-10-407 — AR Code / Title 16 / Chapter 10 / Subchapter 4 / Section 16-10-407
Leave
Status: in_force

Grounds for leave consist of a temporary physical or mental incapacity which impairs the ability of the judge to substantially perform the duties of his or her judicial office and which exists or is likely to exist for a period of one (1) year or less. Leave cannot be granted to exceed one (1) year. Acts 1989, No. 637, § 3.

Grounds for leave consist of a temporary physical or mental incapacity which impairs the ability of the judge to substantially perform the duties of his or her judicial office and which exists or is likely to exist for a period of one (1) year or less. Leave cannot be granted to exceed one (1) year.

Acts 1989, No. 637, § 3.
Ark. Code Ann. § 16-108-218 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-218
Judicial enforcement of preaward ruling by arbitrator
Status: in_force

If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under § 16-108-219 . A prevailing party may make a motion to the court for an expedited order to confirm the award under § 16-108-222 , in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies, or corrects the award under § 16-108-223 or § 16-108-224 . Acts 2011, No. 695, § 1.

If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under § 16-108-219 . A prevailing party may make a motion to the court for an expedited order to confirm the award under § 16-108-222 , in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies, or corrects the award under § 16-108-223 or § 16-108-224 .

Acts 2011, No. 695, § 1.
Ark. Code Ann. § 16-93-213 — AR Code / Title 16 / Chapter 93 / Subchapter 2 / Section 16-93-213
Records to be posted on website
Status: in_force

(a) To the extent permitted by federal law, the Post-Prison Transfer Board shall post on the board's website the following information concerning an inmate who is being considered for parole or post-release supervision no less than six (6) months before his or her transfer-eligibility or parole-eligibility date or post-release supervision eligibility date, or the date the board determines eligibility for parole or transfer or post-release supervision if the inmate is past his or her transfer-eligibility or parole-eligibility date or post-release supervision eligibility date: (1) The name of the inmate; (2) The Division of Correction identification number of the inmate; (3) A current photograph of the inmate; (4) The projected hearing date of the inmate; (5) The number of times, if any, probation, parole, or post-release supervision has been revoked from the inmate; and (6) A link to information required to be posted about the inmate by the division under § 12-27-145 . (b) The information required to be posted on the board's website: (1) Shall be consistently updated as required to be the most current information available to the board; (2) Shall instruct a victim of a crime as defined by § 16-90-1101 or § 16-90-1114 on how to contact the board and provide information on the inmate; and (3) May be removed when the inmate has been either granted or denied parole or post-release supervision. Amended by Act 2023, No. 659,§ 180, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 179, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 178, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 896, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 895, eff. 7/1/2019. Added by Act 2015, No. 1265,§ 11, eff. 4/8/2015.

(a) To the extent permitted by federal law, the Post-Prison Transfer Board shall post on the board's website the following information concerning an inmate who is being considered for parole or post-release supervision no less than six (6) months before his or her transfer-eligibility or parole-eligibility date or post-release supervision eligibility date, or the date the board determines eligibility for parole or transfer or post-release supervision if the inmate is past his or her transfer-eligibility or parole-eligibility date or post-release supervision eligibility date: (1) The name of the inmate; (2) The Division of Correction identification number of the inmate; (3) A current photograph of the inmate; (4) The projected hearing date of the inmate; (5) The number of times, if any, probation, parole, or post-release supervision has been revoked from the inmate; and (6) A link to information required to be posted about the inmate by the division under § 12-27-145 .

(1) The name of the inmate;

(2) The Division of Correction identification number of the inmate;

(3) A current photograph of the inmate;

(4) The projected hearing date of the inmate;

(5) The number of times, if any, probation, parole, or post-release supervision has been revoked from the inmate; and

(6) A link to information required to be posted about the inmate by the division under § 12-27-145 .

(b) The information required to be posted on the board's website: (1) Shall be consistently updated as required to be the most current information available to the board; (2) Shall instruct a victim of a crime as defined by § 16-90-1101 or § 16-90-1114 on how to contact the board and provide information on the inmate; and (3) May be removed when the inmate has been either granted or denied parole or post-release supervision.

(1) Shall be consistently updated as required to be the most current information available to the board;

(2) Shall instruct a victim of a crime as defined by § 16-90-1101 or § 16-90-1114 on how to contact the board and provide information on the inmate; and

(3) May be removed when the inmate has been either granted or denied parole or post-release supervision.

Amended by Act 2023, No. 659,§ 180, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 179, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 178, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 896, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 895, eff. 7/1/2019.

Added by Act 2015, No. 1265,§ 11, eff. 4/8/2015.
Ark. Code Ann. § 16-63-204 — AR Code / Title 16 / Chapter 63 / Subchapter 2 / Section 16-63-204
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 37, eff. 8/16/2013. Civil Code, § 122; C. & M. Dig., § 1203; Pope's Dig., § 1425; A.S.A. 1947, § 27-1122.

Repealed by Act 2013, No. 1148,§ 37, eff. 8/16/2013.

Civil Code, § 122; C. & M. Dig., § 1203; Pope's Dig., § 1425; A.S.A. 1947, § 27-1122.
Ark. Code Ann. § 16-62-106 — AR Code / Title 16 / Chapter 62 / Section 16-62-106
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 34, eff. 8/16/2013. Acts 1851, §§ 1, 2, 4, p. 102; C. & M. Dig., §§ 1050-1052; Pope's Dig., §§ 1252, 1254, 1255; A.S.A. 1947, §§ 27-1009 -- 27-1011.

Repealed by Act 2013, No. 1148,§ 34, eff. 8/16/2013.

Acts 1851, §§ 1, 2, 4, p. 102; C. & M. Dig., §§ 1050-1052; Pope's Dig., §§ 1252, 1254, 1255; A.S.A. 1947, §§ 27-1009 -- 27-1011.
Ark. Code Ann. § 16-118-115 — AR Code / Title 16 / Chapter 118 / Section 16-118-115
Civil actions regarding violations of Section 11-5-117
Status: in_force

An employer or employee who knowingly violates § 11-5-117 is liable to the prevailing party in an action brought under this section and, upon proving the prevailing party's case by clear and convincing evidence, is entitled to one (1) or more of the following remedies: (1) Equitable relief; (2) Compensatory damages; and (3) Costs and fees, including reasonable attorney's fees. Amended by Act 2021, No. 809,§ 4, eff. 7/28/2021. Added by Act 2017, No. 1071,§ 4, eff. 8/1/2017.

An employer or employee who knowingly violates § 11-5-117 is liable to the prevailing party in an action brought under this section and, upon proving the prevailing party's case by clear and convincing evidence, is entitled to one (1) or more of the following remedies:

(1) Equitable relief;

(2) Compensatory damages; and

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

Amended by Act 2021, No. 809,§ 4, eff. 7/28/2021.

Added by Act 2017, No. 1071,§ 4, eff. 8/1/2017.
Ark. Code Ann. § 16-114-212 — AR Code / Title 16 / Chapter 114 / Subchapter 2 / Section 16-114-212
Tolling of the statute of limitations
Status: in_force

(a) If a plaintiff serves written notice of intention to file an action for medical injury within thirty (30) days prior to the expiration of the applicable statute of limitations, the statute of limitations shall be tolled for ninety (90) days only if the following conditions are met: (1) The written notice shall be served by certified mail, return receipt requested, upon the medical care provider alleged to have caused the medical injury; (2) The written notice shall include the following: (A) The plaintiff's full name, date of birth, present address, address at the time of treatment at issue, and Social Security number; (B) The date or dates of the treatment in question and a summary of the alleged wrongful conduct; and (C) The names and addresses of the known medical care providers relating to the alleged medical injury; and (3) An authorization to release medical records signed by the plaintiff, which shall authorize the medical care provider alleged to be liable to obtain pertinent medical records, shall be attached to the notice. (b) Failure to comply with any of the requirements set forth in subsection (a) of this section shall be deemed to be material and shall result in the statute of limitation's not being tolled. (c) (1) If the plaintiff files an action for medical injury during this tolling period without the requisite affidavit required by § 16-114-209(b)(1) and (2) , the complaint shall be dismissed and costs, attorney's fees, and appropriate sanctions as determined by the court shall be assessed. (2) The provisions of § 16-114-209(b)(3) do not apply to cases filed during the tolling period. (d) (1) If a request for the production of copies of the medical records accompanies the written notice of intention to file an action for medical injury in accordance with subsection (a) of this section, and if copies of those medical records are not provided within thirty (30) days of receipt of the notice, then the plaintiff may file an independent expedited declaratory action seeking a declaration that the medical care provider failed to produce the medical records within the thirty-day period. (2) (A) If the court finds that copies of the medical records were not produced as required by this subsection, the statute of limitations shall be tolled for a period of seventy-five (75) days from the date of the production of the copies of the medical records. (B) If the court finds that the failure to produce copies of the requested medical records is without good cause, the court shall award the plaintiff his or her reasonable costs and attorney's fees for the declaratory judgment action. Acts 2003, No. 649, § 22.

(a) If a plaintiff serves written notice of intention to file an action for medical injury within thirty (30) days prior to the expiration of the applicable statute of limitations, the statute of limitations shall be tolled for ninety (90) days only if the following conditions are met: (1) The written notice shall be served by certified mail, return receipt requested, upon the medical care provider alleged to have caused the medical injury; (2) The written notice shall include the following: (A) The plaintiff's full name, date of birth, present address, address at the time of treatment at issue, and Social Security number; (B) The date or dates of the treatment in question and a summary of the alleged wrongful conduct; and (C) The names and addresses of the known medical care providers relating to the alleged medical injury; and (3) An authorization to release medical records signed by the plaintiff, which shall authorize the medical care provider alleged to be liable to obtain pertinent medical records, shall be attached to the notice.

(1) The written notice shall be served by certified mail, return receipt requested, upon the medical care provider alleged to have caused the medical injury;

(2) The written notice shall include the following: (A) The plaintiff's full name, date of birth, present address, address at the time of treatment at issue, and Social Security number; (B) The date or dates of the treatment in question and a summary of the alleged wrongful conduct; and (C) The names and addresses of the known medical care providers relating to the alleged medical injury; and

(A) The plaintiff's full name, date of birth, present address, address at the time of treatment at issue, and Social Security number;

(B) The date or dates of the treatment in question and a summary of the alleged wrongful conduct; and

(C) The names and addresses of the known medical care providers relating to the alleged medical injury; and

(3) An authorization to release medical records signed by the plaintiff, which shall authorize the medical care provider alleged to be liable to obtain pertinent medical records, shall be attached to the notice.

(b) Failure to comply with any of the requirements set forth in subsection (a) of this section shall be deemed to be material and shall result in the statute of limitation's not being tolled.

(c) (1) If the plaintiff files an action for medical injury during this tolling period without the requisite affidavit required by § 16-114-209(b)(1) and (2) , the complaint shall be dismissed and costs, attorney's fees, and appropriate sanctions as determined by the court shall be assessed. (2) The provisions of § 16-114-209(b)(3) do not apply to cases filed during the tolling period.

(1) If the plaintiff files an action for medical injury during this tolling period without the requisite affidavit required by § 16-114-209(b)(1) and (2) , the complaint shall be dismissed and costs, attorney's fees, and appropriate sanctions as determined by the court shall be assessed.

(2) The provisions of § 16-114-209(b)(3) do not apply to cases filed during the tolling period.

(d) (1) If a request for the production of copies of the medical records accompanies the written notice of intention to file an action for medical injury in accordance with subsection (a) of this section, and if copies of those medical records are not provided within thirty (30) days of receipt of the notice, then the plaintiff may file an independent expedited declaratory action seeking a declaration that the medical care provider failed to produce the medical records within the thirty-day period. (2) (A) If the court finds that copies of the medical records were not produced as required by this subsection, the statute of limitations shall be tolled for a period of seventy-five (75) days from the date of the production of the copies of the medical records. (B) If the court finds that the failure to produce copies of the requested medical records is without good cause, the court shall award the plaintiff his or her reasonable costs and attorney's fees for the declaratory judgment action.

(1) If a request for the production of copies of the medical records accompanies the written notice of intention to file an action for medical injury in accordance with subsection (a) of this section, and if copies of those medical records are not provided within thirty (30) days of receipt of the notice, then the plaintiff may file an independent expedited declaratory action seeking a declaration that the medical care provider failed to produce the medical records within the thirty-day period.

(2) (A) If the court finds that copies of the medical records were not produced as required by this subsection, the statute of limitations shall be tolled for a period of seventy-five (75) days from the date of the production of the copies of the medical records. (B) If the court finds that the failure to produce copies of the requested medical records is without good cause, the court shall award the plaintiff his or her reasonable costs and attorney's fees for the declaratory judgment action.

(A) If the court finds that copies of the medical records were not produced as required by this subsection, the statute of limitations shall be tolled for a period of seventy-five (75) days from the date of the production of the copies of the medical records.

(B) If the court finds that the failure to produce copies of the requested medical records is without good cause, the court shall award the plaintiff his or her reasonable costs and attorney's fees for the declaratory judgment action.

Acts 2003, No. 649, § 22.
Ark. Code Ann. § 16-98-302 — AR Code / Title 16 / Chapter 98 / Subchapter 3 / Section 16-98-302
Purpose and intent
Status: in_force

(a) There is a critical need for judicial intervention and support for effective treatment programs that reduce the incidence of drug use, drug addiction, and family separation due to parental substance abuse and drug-related crimes. It is the intent of the General Assembly for this subchapter to enhance public safety by facilitating the creation, expansion, and coordination of drug court programs. (b) The goals of the drug court programs in this state shall be consistent with the standards adopted by the United States Department of Justice and recommended by the National Association of Drug Court Professionals and shall include the following key components: (1) Integration of substance abuse treatment with justice system case processing; (2) Use of a nonadversarial approach in which prosecution and defense promote public safety while protecting the right of the accused to due process; (3) Early identification, with the use of a validated risk-needs assessement, of eligible moderate-to-high-risk participants and prompt placement of eligible participants; (4) Access to a continuum of treatment, rehabilitation, and related services; (5) Frequent testing for alcohol and illicit drugs; (6) A coordinated strategy among the judge, prosecution, defense, and treatment providers to govern offender compliance; (7) Ongoing judicial interaction with each participant; (8) Monitoring and evaluation of the achievement of program goals and effectiveness; (9) Continuing interdisciplinary education to promote effective planning, implementation, and operation; and (10) Development of partnerships with public agencies and community-based organizations to generate local support and enhance drug court effectiveness. (c) (1) Drug court programs are specialized court dockets within the existing structure of the Arkansas court system. Drug court programs offer judicial monitoring of intensive treatment and strict supervision of addicts in drug and drug-related cases. (2) The creation of a drug court docket and the appointment of a circuit judge to that docket shall be approved by the administrative judge in each judicial circuit and made a part of the judicial circuit's administrative plan required by Supreme Court Administrative Order Number 14. (d) Drug court program success shall be determined by the rate of recidivism of all drug court participants, including participants who do not graduate. Acts 2003, No. 1266, § 2; 2007, No. 1022, § 3; 2011, No. 570, § 112.

(a) There is a critical need for judicial intervention and support for effective treatment programs that reduce the incidence of drug use, drug addiction, and family separation due to parental substance abuse and drug-related crimes. It is the intent of the General Assembly for this subchapter to enhance public safety by facilitating the creation, expansion, and coordination of drug court programs.

(b) The goals of the drug court programs in this state shall be consistent with the standards adopted by the United States Department of Justice and recommended by the National Association of Drug Court Professionals and shall include the following key components: (1) Integration of substance abuse treatment with justice system case processing; (2) Use of a nonadversarial approach in which prosecution and defense promote public safety while protecting the right of the accused to due process; (3) Early identification, with the use of a validated risk-needs assessement, of eligible moderate-to-high-risk participants and prompt placement of eligible participants; (4) Access to a continuum of treatment, rehabilitation, and related services; (5) Frequent testing for alcohol and illicit drugs; (6) A coordinated strategy among the judge, prosecution, defense, and treatment providers to govern offender compliance; (7) Ongoing judicial interaction with each participant; (8) Monitoring and evaluation of the achievement of program goals and effectiveness; (9) Continuing interdisciplinary education to promote effective planning, implementation, and operation; and (10) Development of partnerships with public agencies and community-based organizations to generate local support and enhance drug court effectiveness.

(1) Integration of substance abuse treatment with justice system case processing;

(2) Use of a nonadversarial approach in which prosecution and defense promote public safety while protecting the right of the accused to due process;

(3) Early identification, with the use of a validated risk-needs assessement, of eligible moderate-to-high-risk participants and prompt placement of eligible participants;

(4) Access to a continuum of treatment, rehabilitation, and related services;

(5) Frequent testing for alcohol and illicit drugs;

(6) A coordinated strategy among the judge, prosecution, defense, and treatment providers to govern offender compliance;

(7) Ongoing judicial interaction with each participant;

(8) Monitoring and evaluation of the achievement of program goals and effectiveness;

(9) Continuing interdisciplinary education to promote effective planning, implementation, and operation; and

(10) Development of partnerships with public agencies and community-based organizations to generate local support and enhance drug court effectiveness.

(c) (1) Drug court programs are specialized court dockets within the existing structure of the Arkansas court system. Drug court programs offer judicial monitoring of intensive treatment and strict supervision of addicts in drug and drug-related cases. (2) The creation of a drug court docket and the appointment of a circuit judge to that docket shall be approved by the administrative judge in each judicial circuit and made a part of the judicial circuit's administrative plan required by Supreme Court Administrative Order Number 14.

(1) Drug court programs are specialized court dockets within the existing structure of the Arkansas court system. Drug court programs offer judicial monitoring of intensive treatment and strict supervision of addicts in drug and drug-related cases.

(2) The creation of a drug court docket and the appointment of a circuit judge to that docket shall be approved by the administrative judge in each judicial circuit and made a part of the judicial circuit's administrative plan required by Supreme Court Administrative Order Number 14.

(d) Drug court program success shall be determined by the rate of recidivism of all drug court participants, including participants who do not graduate.

Acts 2003, No. 1266, § 2; 2007, No. 1022, § 3; 2011, No. 570, § 112.
Ark. Code Ann. § 16-105-306 — AR Code / Title 16 / Chapter 105 / Subchapter 3 / Section 16-105-306
Hearings for temporary and permanent injunction - Bond - Notice
Status: in_force

(a) (1) The circuit court, upon the presentation of a bill in the proceedings alleging that the public nuisance complained of exists, shall award a temporary injunction, with such bond as required by law in cases in which the bill is filed by citizens and electors and freeholders. (2) However, no bond shall be required where bill or petition is filed by the officers mentioned in this subchapter if it shall be made to appear to the satisfaction of the circuit court, by evidence in the form of a due and proper verification of the bill or petition under oath, or if affidavits, depositions, oral testimony, or otherwise, as the complainants or petitioners may elect, that the allegations of the bill or petition are true, enjoining and restraining the further continuance of the public nuisance and the closing of the building or place wherein the public nuisance is conducted until the further order of the circuit court. (b) (1) Five (5) days' notice in writing shall be given the defendant of the hearing of an application for a permanent injunction, but no notice shall be required of the hearing of a temporary injunction. (2) If a hearing is continued at the instance of the defendant, the writ as prayed for shall be granted as a matter of course. (3) When the injunction shall have been granted, it shall be binding upon the defendant throughout the county until modified or set aside by the circuit court having cognizance of the case. (4) Any violation thereof by the defendant, or upon his or her procurement, shall be a contempt of court and punished as provided in § 16-105-302 . Acts 1937, No. 118, § 5; Pope's Dig., § 10913; A.S.A. 1947, § 34-115; Acts 2003, No. 1185, § 222.

(a) (1) The circuit court, upon the presentation of a bill in the proceedings alleging that the public nuisance complained of exists, shall award a temporary injunction, with such bond as required by law in cases in which the bill is filed by citizens and electors and freeholders. (2) However, no bond shall be required where bill or petition is filed by the officers mentioned in this subchapter if it shall be made to appear to the satisfaction of the circuit court, by evidence in the form of a due and proper verification of the bill or petition under oath, or if affidavits, depositions, oral testimony, or otherwise, as the complainants or petitioners may elect, that the allegations of the bill or petition are true, enjoining and restraining the further continuance of the public nuisance and the closing of the building or place wherein the public nuisance is conducted until the further order of the circuit court.

(1) The circuit court, upon the presentation of a bill in the proceedings alleging that the public nuisance complained of exists, shall award a temporary injunction, with such bond as required by law in cases in which the bill is filed by citizens and electors and freeholders.

(2) However, no bond shall be required where bill or petition is filed by the officers mentioned in this subchapter if it shall be made to appear to the satisfaction of the circuit court, by evidence in the form of a due and proper verification of the bill or petition under oath, or if affidavits, depositions, oral testimony, or otherwise, as the complainants or petitioners may elect, that the allegations of the bill or petition are true, enjoining and restraining the further continuance of the public nuisance and the closing of the building or place wherein the public nuisance is conducted until the further order of the circuit court.

(b) (1) Five (5) days' notice in writing shall be given the defendant of the hearing of an application for a permanent injunction, but no notice shall be required of the hearing of a temporary injunction. (2) If a hearing is continued at the instance of the defendant, the writ as prayed for shall be granted as a matter of course. (3) When the injunction shall have been granted, it shall be binding upon the defendant throughout the county until modified or set aside by the circuit court having cognizance of the case. (4) Any violation thereof by the defendant, or upon his or her procurement, shall be a contempt of court and punished as provided in § 16-105-302 .

(1) Five (5) days' notice in writing shall be given the defendant of the hearing of an application for a permanent injunction, but no notice shall be required of the hearing of a temporary injunction.

(2) If a hearing is continued at the instance of the defendant, the writ as prayed for shall be granted as a matter of course.

(3) When the injunction shall have been granted, it shall be binding upon the defendant throughout the county until modified or set aside by the circuit court having cognizance of the case.

(4) Any violation thereof by the defendant, or upon his or her procurement, shall be a contempt of court and punished as provided in § 16-105-302 .

Acts 1937, No. 118, § 5; Pope's Dig., § 10913; A.S.A. 1947, § 34-115; Acts 2003, No. 1185, § 222.
Ark. Code Ann. § 16-66-403 — AR Code / Title 16 / Chapter 66 / Subchapter 4 / Section 16-66-403
Levy on joint or partnership property - Assertion of claim
Status: in_force

(a) Whenever a sheriff or other officer levies an execution upon property or effects held jointly or in partnership by the debtor in the execution with others, to satisfy the separate debt of the debtor, the sheriff or other officer shall not proceed to make sale thereof, except as provided in this section if the person or persons, or any of them, holding a joint or partnership interest with the debtor, asserts a claim thereto, and, in writing, notifies the officer of the existence of the claim. (b) Where any such levy is made, the officer shall give notice thereof, in writing, to the other joint owners or partners, if they are residing in his or her county, or to the agent, if any, of any joint owners or partners who are absent or nonresidents. If the joint owners or partners thereafter, for the space of fifteen (15) days, fail to give the officers notice of their claim, the officer shall then proceed to advertise and sell the property so levied upon. (c) When a claim is asserted by the joint owners or partners to the property levied upon, the officer shall not, by virtue of his or her levy, deprive the joint owners or partners of the possession of the property levied upon, except for the purpose of making an inventory thereof and having the property appraised. (d) The officer shall proceed to have the property levied upon appraised as provided in § 16-66-304(b) . He or she shall return the inventory and appraisal, with the execution to the officer from which it issued. In his or her return, he or she shall state all the facts connected with the levy by him or her and the claims, if any, set up by the joint owner or owners. (e) The execution creditor shall have a lien upon the property levied upon, such as is given by law to executions in the hands of the officer, and which shall continue until the levy is disposed of. (f) Upon the execution's being filed by the officer that he or she had levied the execution upon the property, in which the debtor was joint owner or partner and that the property was claimed by the other joint owners or partners, the execution creditor may proceed to subject to the satisfaction of his or her execution the interest of his or her debtor so levied upon. (g) (1) If the creditor, at the commencement of his or her action or afterward, files an affidavit that he or she verily believes that the property levied upon will be removed from the county, sold, or otherwise disposed of with intent fraudulently to defeat his or her lien, the court, or judge thereof in vacation, or, if within the jurisdiction of a magistrate, then a justice of the peace, may make an order directing the officer to possess himself or herself of the property so levied upon, unless a bond with approved security is executed to the plaintiff in the execution, binding the obligors in the bond to have the same forthcoming, in obedience to any order or judgment of the court in the action. (2) The bond shall be taken by the officer and returned by him or her to the court in which the action is pending. Civil Code, §§ 742-748; C. & M. Dig., §§ 4280-4286; Pope's Dig., §§ 5292-5298; A.S.A. 1947, §§ 30-701 -- 30-707; Acts 2003, No. 1185, § 201.

(a) Whenever a sheriff or other officer levies an execution upon property or effects held jointly or in partnership by the debtor in the execution with others, to satisfy the separate debt of the debtor, the sheriff or other officer shall not proceed to make sale thereof, except as provided in this section if the person or persons, or any of them, holding a joint or partnership interest with the debtor, asserts a claim thereto, and, in writing, notifies the officer of the existence of the claim.

(b) Where any such levy is made, the officer shall give notice thereof, in writing, to the other joint owners or partners, if they are residing in his or her county, or to the agent, if any, of any joint owners or partners who are absent or nonresidents. If the joint owners or partners thereafter, for the space of fifteen (15) days, fail to give the officers notice of their claim, the officer shall then proceed to advertise and sell the property so levied upon.

(c) When a claim is asserted by the joint owners or partners to the property levied upon, the officer shall not, by virtue of his or her levy, deprive the joint owners or partners of the possession of the property levied upon, except for the purpose of making an inventory thereof and having the property appraised.

(d) The officer shall proceed to have the property levied upon appraised as provided in § 16-66-304(b) . He or she shall return the inventory and appraisal, with the execution to the officer from which it issued. In his or her return, he or she shall state all the facts connected with the levy by him or her and the claims, if any, set up by the joint owner or owners.

(e) The execution creditor shall have a lien upon the property levied upon, such as is given by law to executions in the hands of the officer, and which shall continue until the levy is disposed of.

(f) Upon the execution's being filed by the officer that he or she had levied the execution upon the property, in which the debtor was joint owner or partner and that the property was claimed by the other joint owners or partners, the execution creditor may proceed to subject to the satisfaction of his or her execution the interest of his or her debtor so levied upon.

(g) (1) If the creditor, at the commencement of his or her action or afterward, files an affidavit that he or she verily believes that the property levied upon will be removed from the county, sold, or otherwise disposed of with intent fraudulently to defeat his or her lien, the court, or judge thereof in vacation, or, if within the jurisdiction of a magistrate, then a justice of the peace, may make an order directing the officer to possess himself or herself of the property so levied upon, unless a bond with approved security is executed to the plaintiff in the execution, binding the obligors in the bond to have the same forthcoming, in obedience to any order or judgment of the court in the action. (2) The bond shall be taken by the officer and returned by him or her to the court in which the action is pending.

(1) If the creditor, at the commencement of his or her action or afterward, files an affidavit that he or she verily believes that the property levied upon will be removed from the county, sold, or otherwise disposed of with intent fraudulently to defeat his or her lien, the court, or judge thereof in vacation, or, if within the jurisdiction of a magistrate, then a justice of the peace, may make an order directing the officer to possess himself or herself of the property so levied upon, unless a bond with approved security is executed to the plaintiff in the execution, binding the obligors in the bond to have the same forthcoming, in obedience to any order or judgment of the court in the action.

(2) The bond shall be taken by the officer and returned by him or her to the court in which the action is pending.

Civil Code, §§ 742-748; C. & M. Dig., §§ 4280-4286; Pope's Dig., §§ 5292-5298; A.S.A. 1947, §§ 30-701 -- 30-707; Acts 2003, No. 1185, § 201.
Ark. Code Ann. § 16-88-101 — AR Code / Title 16 / Chapter 88 / Subchapter 1 / Section 16-88-101
Jurisdiction of courts for certain offenses generally
Status: in_force

(a) The jurisdiction of the various courts of this state for the trial of offenses shall be as follows: (1) The Senate shall have exclusive jurisdiction of impeachment; (2) The Supreme Court shall have general supervision and control over all inferior courts in criminal cases; (3) The circuit court shall have original jurisdiction, exclusive of the district court, for the trial of offenses defined as felonies by state law and shall have original jurisdiction concurrent with the district court for the trial of offenses defined as misdemeanors by state law; and (4) The district court shall have original jurisdiction, exclusive of the circuit court, for the trial of violations of ordinances of any town, city, or county within the territorial jurisdiction of the district court and shall have original jurisdiction concurrent with the circuit court for the trial of offenses defined as misdemeanors and violations by state law and committed within the territorial jurisdiction of the district court. (b) Where an indictment is found in the circuit court for an offense within its jurisdiction, the circuit court shall have jurisdiction of all the degrees of the offense and of all the offenses included in the one (1) charge, although some of those degrees or included offenses are within the exclusive jurisdiction of the district court. (c) A district court may issue arrest warrants and search warrants and may perform other pretrial functions, as authorized by the Arkansas Rules of Criminal Procedure, in the prosecution of a person for an offense within the exclusive jurisdiction of the circuit court. Crim. Code, §;§; 10, 11; Acts 1871, No. 49, §; 1 [10], p. 255; C. & M. Dig., §; 2863; Pope's Dig., §; 3679; A.S.A. 1947, §;§; 43-1405, 43-1406; Acts 2003, No. 1185, §;§; 207, 208; 2007, No. 663, §; 53; 2009, No. 398, §; 1; 2011, No. 1218, §;§; 11, 12.

(a) The jurisdiction of the various courts of this state for the trial of offenses shall be as follows: (1) The Senate shall have exclusive jurisdiction of impeachment; (2) The Supreme Court shall have general supervision and control over all inferior courts in criminal cases; (3) The circuit court shall have original jurisdiction, exclusive of the district court, for the trial of offenses defined as felonies by state law and shall have original jurisdiction concurrent with the district court for the trial of offenses defined as misdemeanors by state law; and (4) The district court shall have original jurisdiction, exclusive of the circuit court, for the trial of violations of ordinances of any town, city, or county within the territorial jurisdiction of the district court and shall have original jurisdiction concurrent with the circuit court for the trial of offenses defined as misdemeanors and violations by state law and committed within the territorial jurisdiction of the district court.

(1) The Senate shall have exclusive jurisdiction of impeachment;

(2) The Supreme Court shall have general supervision and control over all inferior courts in criminal cases;

(3) The circuit court shall have original jurisdiction, exclusive of the district court, for the trial of offenses defined as felonies by state law and shall have original jurisdiction concurrent with the district court for the trial of offenses defined as misdemeanors by state law; and

(4) The district court shall have original jurisdiction, exclusive of the circuit court, for the trial of violations of ordinances of any town, city, or county within the territorial jurisdiction of the district court and shall have original jurisdiction concurrent with the circuit court for the trial of offenses defined as misdemeanors and violations by state law and committed within the territorial jurisdiction of the district court.

(b) Where an indictment is found in the circuit court for an offense within its jurisdiction, the circuit court shall have jurisdiction of all the degrees of the offense and of all the offenses included in the one (1) charge, although some of those degrees or included offenses are within the exclusive jurisdiction of the district court.

(c) A district court may issue arrest warrants and search warrants and may perform other pretrial functions, as authorized by the Arkansas Rules of Criminal Procedure, in the prosecution of a person for an offense within the exclusive jurisdiction of the circuit court.

Crim. Code, §;§; 10, 11; Acts 1871, No. 49, §; 1 [10], p. 255; C. & M. Dig., §; 2863; Pope's Dig., §; 3679; A.S.A. 1947, §;§; 43-1405, 43-1406; Acts 2003, No. 1185, §;§; 207, 208; 2007, No. 663, §; 53; 2009, No. 398, §; 1; 2011, No. 1218, §;§; 11, 12.
Ark. Code Ann. § 16-93-303 — AR Code / Title 16 / Chapter 93 / Subchapter 3 / Section 16-93-303
Probation - First time offenders - Procedure
Status: in_force

(a) (1) (A) (i) When an accused enters a plea of guilty or nolo contendere prior to an adjudication of guilt, the circuit court or district court, in the case of a defendant who previously has not been convicted of a felony, without making a finding of guilt or entering a judgment of guilt and with the consent of the defendant, may defer further proceedings and place the defendant on probation for a period of not less than one (1) year, under such terms and conditions as may be set by the circuit court or district court. (ii) A sentence of a fine not exceeding three thousand five hundred dollars ($3,500) or an assessment of court costs against a defendant does not negate the benefits provided by this section or cause the probation placed on the defendant under this section to constitute a conviction except under subsections (c)-(e) of this section. (B) However, a person who is found guilty of or pleads guilty or nolo contendere to one (1) or more of the following offenses is not eligible for sealing of the record under this subchapter: (i) An offense that requires the person to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (ii) Public sexual indecency, § 5-14-111 ; (iii) Indecent exposure, § 5-14-112 ; (iv) Bestiality, § 5-14-122 ; (v) Exposing another person to the human immunodeficiency virus, § 5-14-123 ; or (vi) A serious felony involving violence or a felony involving violence as provided in § 5-4-501 . (2) Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. (3) This subsection does not require or compel any court of this state to establish first offender procedures as provided in this section and §§ 16-93-301 and 16-93-302 . (b) Upon fulfillment of the terms and conditions of probation or upon release by the court prior to the termination period thereof, the defendant shall be discharged without court adjudication of guilt, whereupon the court shall enter an appropriate order that shall effectively dismiss the case, discharge the defendant, and seal the record, if consistent with the procedures established in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq. (c) During the period of probation described in subdivision (a)(1)(A)(i) of this section, a defendant is considered as not having a felony conviction except for: (1) Application of any law prohibiting possession of a firearm by certain persons; (2) A determination of habitual offender status; (3) A determination of criminal history; (4) A determination of criminal history scores; (5) Sentencing; and (6) A purpose of impeachment as a witness under Rule 609 of the Arkansas Rules of Evidence. (d) After successful completion of probation placed on the defendant under this section, a defendant is considered as not having a felony conviction except for: (1) A determination of habitual offender status; (2) A determination of criminal history; (3) A determination of criminal history scores; (4) Sentencing; and (5) A purpose of impeachment as a witness under Rule 609 of the Arkansas Rules of Evidence. (e) The eligibility to possess a firearm of a person whose record has been sealed under this subchapter and the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., is governed by § 5-73-103 . (f) A court as a condition of probation shall order the defendant to: (1) (A) (i) Enroll in and complete a vocational, technical, educational, or similar program if the court finds that the defendant's lack of an employable or marketable skill contributes to the defendant's being unemployed. (ii) The court may order the person to pay tuition for any vocational, technical, educational, or similar program in installments after the completion of the education or training program. (B) If the defendant is on probation at the end of the vocational, technical, educational, or similar program required under subdivision (f)(1)(A) of this section, he or she shall be required to work in suitable employment for the remainder of his or her probation or for three (3) years, whichever occurs earlier; or (2) Work consistently in suitable employment for the entire duration of his or her probation or for three (3) years, whichever occurs earlier. Amended by Act 2019, No. 385,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 662,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1198,§ 8, eff. 7/22/2015. Amended by Act 2013, No. 1460,§ 11, eff. 1/1/2014. Acts 1975, No. 346, §§ 2, 3; A.S.A. 1947, §§ 43-1232, 43-1233; Acts 1995, No. 998, § 9; 1999, No. 1407, § 1; 2003, No. 1185, § 219; 2003, No. 1753, § 2; 2007, No. 744, § 2; 2011, No. 570, § 90; 2011, No. 1233, § 1.

(a) (1) (A) (i) When an accused enters a plea of guilty or nolo contendere prior to an adjudication of guilt, the circuit court or district court, in the case of a defendant who previously has not been convicted of a felony, without making a finding of guilt or entering a judgment of guilt and with the consent of the defendant, may defer further proceedings and place the defendant on probation for a period of not less than one (1) year, under such terms and conditions as may be set by the circuit court or district court. (ii) A sentence of a fine not exceeding three thousand five hundred dollars ($3,500) or an assessment of court costs against a defendant does not negate the benefits provided by this section or cause the probation placed on the defendant under this section to constitute a conviction except under subsections (c)-(e) of this section. (B) However, a person who is found guilty of or pleads guilty or nolo contendere to one (1) or more of the following offenses is not eligible for sealing of the record under this subchapter: (i) An offense that requires the person to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (ii) Public sexual indecency, § 5-14-111 ; (iii) Indecent exposure, § 5-14-112 ; (iv) Bestiality, § 5-14-122 ; (v) Exposing another person to the human immunodeficiency virus, § 5-14-123 ; or (vi) A serious felony involving violence or a felony involving violence as provided in § 5-4-501 . (2) Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. (3) This subsection does not require or compel any court of this state to establish first offender procedures as provided in this section and §§ 16-93-301 and 16-93-302 .

(1) (A) (i) When an accused enters a plea of guilty or nolo contendere prior to an adjudication of guilt, the circuit court or district court, in the case of a defendant who previously has not been convicted of a felony, without making a finding of guilt or entering a judgment of guilt and with the consent of the defendant, may defer further proceedings and place the defendant on probation for a period of not less than one (1) year, under such terms and conditions as may be set by the circuit court or district court. (ii) A sentence of a fine not exceeding three thousand five hundred dollars ($3,500) or an assessment of court costs against a defendant does not negate the benefits provided by this section or cause the probation placed on the defendant under this section to constitute a conviction except under subsections (c)-(e) of this section. (B) However, a person who is found guilty of or pleads guilty or nolo contendere to one (1) or more of the following offenses is not eligible for sealing of the record under this subchapter: (i) An offense that requires the person to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (ii) Public sexual indecency, § 5-14-111 ; (iii) Indecent exposure, § 5-14-112 ; (iv) Bestiality, § 5-14-122 ; (v) Exposing another person to the human immunodeficiency virus, § 5-14-123 ; or (vi) A serious felony involving violence or a felony involving violence as provided in § 5-4-501 .

(A) (i) When an accused enters a plea of guilty or nolo contendere prior to an adjudication of guilt, the circuit court or district court, in the case of a defendant who previously has not been convicted of a felony, without making a finding of guilt or entering a judgment of guilt and with the consent of the defendant, may defer further proceedings and place the defendant on probation for a period of not less than one (1) year, under such terms and conditions as may be set by the circuit court or district court. (ii) A sentence of a fine not exceeding three thousand five hundred dollars ($3,500) or an assessment of court costs against a defendant does not negate the benefits provided by this section or cause the probation placed on the defendant under this section to constitute a conviction except under subsections (c)-(e) of this section.

(i) When an accused enters a plea of guilty or nolo contendere prior to an adjudication of guilt, the circuit court or district court, in the case of a defendant who previously has not been convicted of a felony, without making a finding of guilt or entering a judgment of guilt and with the consent of the defendant, may defer further proceedings and place the defendant on probation for a period of not less than one (1) year, under such terms and conditions as may be set by the circuit court or district court.

(ii) A sentence of a fine not exceeding three thousand five hundred dollars ($3,500) or an assessment of court costs against a defendant does not negate the benefits provided by this section or cause the probation placed on the defendant under this section to constitute a conviction except under subsections (c)-(e) of this section.

(B) However, a person who is found guilty of or pleads guilty or nolo contendere to one (1) or more of the following offenses is not eligible for sealing of the record under this subchapter: (i) An offense that requires the person to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (ii) Public sexual indecency, § 5-14-111 ; (iii) Indecent exposure, § 5-14-112 ; (iv) Bestiality, § 5-14-122 ; (v) Exposing another person to the human immunodeficiency virus, § 5-14-123 ; or (vi) A serious felony involving violence or a felony involving violence as provided in § 5-4-501 .

(i) An offense that requires the person to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;

(ii) Public sexual indecency, § 5-14-111 ;

(iii) Indecent exposure, § 5-14-112 ;

(iv) Bestiality, § 5-14-122 ;

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

(vi) A serious felony involving violence or a felony involving violence as provided in § 5-4-501 .

(2) Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided.

(3) This subsection does not require or compel any court of this state to establish first offender procedures as provided in this section and §§ 16-93-301 and 16-93-302 .

(b) Upon fulfillment of the terms and conditions of probation or upon release by the court prior to the termination period thereof, the defendant shall be discharged without court adjudication of guilt, whereupon the court shall enter an appropriate order that shall effectively dismiss the case, discharge the defendant, and seal the record, if consistent with the procedures established in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.

(c) During the period of probation described in subdivision (a)(1)(A)(i) of this section, a defendant is considered as not having a felony conviction except for: (1) Application of any law prohibiting possession of a firearm by certain persons; (2) A determination of habitual offender status; (3) A determination of criminal history; (4) A determination of criminal history scores; (5) Sentencing; and (6) A purpose of impeachment as a witness under Rule 609 of the Arkansas Rules of Evidence.

(1) Application of any law prohibiting possession of a firearm by certain persons;

(2) A determination of habitual offender status;

(3) A determination of criminal history;

(4) A determination of criminal history scores;

(5) Sentencing; and

(6) A purpose of impeachment as a witness under Rule 609 of the Arkansas Rules of Evidence.

(d) After successful completion of probation placed on the defendant under this section, a defendant is considered as not having a felony conviction except for: (1) A determination of habitual offender status; (2) A determination of criminal history; (3) A determination of criminal history scores; (4) Sentencing; and (5) A purpose of impeachment as a witness under Rule 609 of the Arkansas Rules of Evidence.

(1) A determination of habitual offender status;

(2) A determination of criminal history;

(3) A determination of criminal history scores;

(4) Sentencing; and

(5) A purpose of impeachment as a witness under Rule 609 of the Arkansas Rules of Evidence.

(e) The eligibility to possess a firearm of a person whose record has been sealed under this subchapter and the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., is governed by § 5-73-103 .

(f) A court as a condition of probation shall order the defendant to: (1) (A) (i) Enroll in and complete a vocational, technical, educational, or similar program if the court finds that the defendant's lack of an employable or marketable skill contributes to the defendant's being unemployed. (ii) The court may order the person to pay tuition for any vocational, technical, educational, or similar program in installments after the completion of the education or training program. (B) If the defendant is on probation at the end of the vocational, technical, educational, or similar program required under subdivision (f)(1)(A) of this section, he or she shall be required to work in suitable employment for the remainder of his or her probation or for three (3) years, whichever occurs earlier; or (2) Work consistently in suitable employment for the entire duration of his or her probation or for three (3) years, whichever occurs earlier.

(1) (A) (i) Enroll in and complete a vocational, technical, educational, or similar program if the court finds that the defendant's lack of an employable or marketable skill contributes to the defendant's being unemployed. (ii) The court may order the person to pay tuition for any vocational, technical, educational, or similar program in installments after the completion of the education or training program. (B) If the defendant is on probation at the end of the vocational, technical, educational, or similar program required under subdivision (f)(1)(A) of this section, he or she shall be required to work in suitable employment for the remainder of his or her probation or for three (3) years, whichever occurs earlier; or

(A) (i) Enroll in and complete a vocational, technical, educational, or similar program if the court finds that the defendant's lack of an employable or marketable skill contributes to the defendant's being unemployed. (ii) The court may order the person to pay tuition for any vocational, technical, educational, or similar program in installments after the completion of the education or training program.

(i) Enroll in and complete a vocational, technical, educational, or similar program if the court finds that the defendant's lack of an employable or marketable skill contributes to the defendant's being unemployed.

(ii) The court may order the person to pay tuition for any vocational, technical, educational, or similar program in installments after the completion of the education or training program.

(B) If the defendant is on probation at the end of the vocational, technical, educational, or similar program required under subdivision (f)(1)(A) of this section, he or she shall be required to work in suitable employment for the remainder of his or her probation or for three (3) years, whichever occurs earlier; or

(2) Work consistently in suitable employment for the entire duration of his or her probation or for three (3) years, whichever occurs earlier.

Amended by Act 2019, No. 385,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 662,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1198,§ 8, eff. 7/22/2015.

Amended by Act 2013, No. 1460,§ 11, eff. 1/1/2014.

Acts 1975, No. 346, §§ 2, 3; A.S.A. 1947, §§ 43-1232, 43-1233; Acts 1995, No. 998, § 9; 1999, No. 1407, § 1; 2003, No. 1185, § 219; 2003, No. 1753, § 2; 2007, No. 744, § 2; 2011, No. 570, § 90; 2011, No. 1233, § 1.
Ark. Code Ann. § 16-19-606 — AR Code / Title 16 / Chapter 19 / Subchapter 6 / Section 16-19-606
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 26, p. 430; C. & M. Dig., § 6434; Pope's Dig., § 8396; A.S.A. 1947, § 26-611.

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021.

Acts 1873, No. 135, § 26, p. 430; C. & M. Dig., § 6434; Pope's Dig., § 8396; A.S.A. 1947, § 26-611.
Ark. Code Ann. § 16-114-401 — AR Code / Title 16 / Chapter 114 / Subchapter 4 / Section 16-114-401
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Gender transition procedure" means any medical or surgical service, including without limitation physician's services, inpatient and outpatient hospital services, or prescribed drugs related to gender transition that seeks to: (i) Alter or remove physical or anatomical characteristics or features that are typical for the individual's biological sex; or (ii) Instill or create physiological or anatomical characteristics that resemble a sex different from the individual's biological sex, including without limitation medical services that provide puberty-blocking drugs, cross-sex hormones, or other mechanisms to promote the development of feminizing or masculinizing features in the opposite biological sex, or genital or nongenital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition. (B) "Gender transition procedure" does not include: (i) Services to persons born with a medically verifiable disorder of sex development, including a person with external biological sex characteristics that are irresolvably ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue; (ii) Services provided when a physician has otherwise diagnosed a disorder of sexual development that the physician has determined through genetic or biochemical testing that the person does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action; (iii) The treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of gender transition procedures, whether or not the gender transition procedure was performed in accordance with state and federal law or whether or not funding for the gender transition procedure is permissible under this subchapter; or (iv) Any procedure undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed; (2) "Healthcare professional" means the same as defined in § 20-9-1501 ; (3) "Mental health professional" means a psychiatrist or psychologist licensed, certified, or otherwise authorized by the laws of this state to administer mental health care in the ordinary course of the practice of his or her profession; (4) "Minor" means an individual who is younger than eighteen (18) years of age; and (5) "Public funds" means the same as defined in § 20-9-1501 . Added by Act 2023, No. 274,§ 1, eff. 8/1/2023.

As used in this subchapter:

(1) (A) "Gender transition procedure" means any medical or surgical service, including without limitation physician's services, inpatient and outpatient hospital services, or prescribed drugs related to gender transition that seeks to: (i) Alter or remove physical or anatomical characteristics or features that are typical for the individual's biological sex; or (ii) Instill or create physiological or anatomical characteristics that resemble a sex different from the individual's biological sex, including without limitation medical services that provide puberty-blocking drugs, cross-sex hormones, or other mechanisms to promote the development of feminizing or masculinizing features in the opposite biological sex, or genital or nongenital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition. (B) "Gender transition procedure" does not include: (i) Services to persons born with a medically verifiable disorder of sex development, including a person with external biological sex characteristics that are irresolvably ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue; (ii) Services provided when a physician has otherwise diagnosed a disorder of sexual development that the physician has determined through genetic or biochemical testing that the person does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action; (iii) The treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of gender transition procedures, whether or not the gender transition procedure was performed in accordance with state and federal law or whether or not funding for the gender transition procedure is permissible under this subchapter; or (iv) Any procedure undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed;

(A) "Gender transition procedure" means any medical or surgical service, including without limitation physician's services, inpatient and outpatient hospital services, or prescribed drugs related to gender transition that seeks to: (i) Alter or remove physical or anatomical characteristics or features that are typical for the individual's biological sex; or (ii) Instill or create physiological or anatomical characteristics that resemble a sex different from the individual's biological sex, including without limitation medical services that provide puberty-blocking drugs, cross-sex hormones, or other mechanisms to promote the development of feminizing or masculinizing features in the opposite biological sex, or genital or nongenital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition.

(i) Alter or remove physical or anatomical characteristics or features that are typical for the individual's biological sex; or

(ii) Instill or create physiological or anatomical characteristics that resemble a sex different from the individual's biological sex, including without limitation medical services that provide puberty-blocking drugs, cross-sex hormones, or other mechanisms to promote the development of feminizing or masculinizing features in the opposite biological sex, or genital or nongenital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition.

(B) "Gender transition procedure" does not include: (i) Services to persons born with a medically verifiable disorder of sex development, including a person with external biological sex characteristics that are irresolvably ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue; (ii) Services provided when a physician has otherwise diagnosed a disorder of sexual development that the physician has determined through genetic or biochemical testing that the person does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action; (iii) The treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of gender transition procedures, whether or not the gender transition procedure was performed in accordance with state and federal law or whether or not funding for the gender transition procedure is permissible under this subchapter; or (iv) Any procedure undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed;

(i) Services to persons born with a medically verifiable disorder of sex development, including a person with external biological sex characteristics that are irresolvably ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue;

(ii) Services provided when a physician has otherwise diagnosed a disorder of sexual development that the physician has determined through genetic or biochemical testing that the person does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action;

(iii) The treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of gender transition procedures, whether or not the gender transition procedure was performed in accordance with state and federal law or whether or not funding for the gender transition procedure is permissible under this subchapter; or

(iv) Any procedure undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed;

(2) "Healthcare professional" means the same as defined in § 20-9-1501 ;

(3) "Mental health professional" means a psychiatrist or psychologist licensed, certified, or otherwise authorized by the laws of this state to administer mental health care in the ordinary course of the practice of his or her profession;

(4) "Minor" means an individual who is younger than eighteen (18) years of age; and

(5) "Public funds" means the same as defined in § 20-9-1501 .

Added by Act 2023, No. 274,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 16-112-208 — AR Code / Title 16 / Chapter 112 / Subchapter 2 / Section 16-112-208
Testing procedures - Definition
Status: in_force

(a) (1) A court that orders any deoxyribonucleic acid (DNA) testing under this subchapter shall direct the testing to be carried out by the State Crime Laboratory. (2) (A) However, the court may order deoxyribonucleic acid (DNA) testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the specific evidence and the reliability of the testing process and test results. (B) As used in this section, "qualified laboratory" means a laboratory that is accredited by the American Society of Crime Laboratory Directors or certified through the National Forensic Science Technology Center. (3) The court may order the person who requested any deoxyribonucleic acid (DNA) testing under this subchapter to pay for the cost of the testing if the court determines that the person has the ability to pay for the testing. (b) If the deoxyribonucleic acid (DNA) test results obtained under this subchapter are inconclusive, the court may order additional testing or deny further relief to the person who requested the testing. (c) (1) If deoxyribonucleic acid (DNA) test results obtained under this subchapter establish that the person who requested the testing was the source of the deoxyribonucleic acid (DNA) evidence, the court shall deny any relief to the person. (2) On motion of the state, the court shall determine if the person's assertion of actual innocence was false. If the court finds that the person's assertion of actual innocence was false, the court may: (A) Hold the person in contempt; (B) Assess against the person the cost of any deoxyribonucleic acid (DNA) testing carried out under this subchapter; (C) Forward the finding to the Board of Corrections for consideration in the awarding of meritorious good time or earned release credits to the person; or (D) Forward the finding to the Post-Prison Transfer Board for consideration in the granting of parole or post-release supervision to the person. (d) In any prosecution of a person for perjury or other conduct resulting from a proceeding under this subchapter, upon conviction or a plea of guilty or nolo contendere the court shall sentence the person to a term of imprisonment that shall run consecutively to any other term of imprisonment the person is serving. (e) (1) If deoxyribonucleic acid (DNA) test results obtained under this subchapter exclude a person as the source of the deoxyribonucleic acid (DNA) evidence, the person may file a motion for a new trial or resentencing. (2) The court shall establish a reasonable schedule for the person to file a motion under subdivision (e)(1) of this section and for the state to respond to the motion. (3) The court may grant the motion of the person for a new trial or resentencing if the deoxyribonucleic acid (DNA) test results, when considered with all other evidence in the case regardless of whether the evidence was introduced at trial, establish by compelling evidence that a new trial would result in an acquittal. (f) In a case in which a person is sentenced to death, any deoxyribonucleic acid (DNA) testing ordered under this subchapter shall be completed: (1) No later than sixty (60) days after the date on which the state responds to the motion described in §§ 16-112-202 and 16-112-203 ; or (2) No later than one hundred twenty (120) days after the date on which the deoxyribonucleic acid (DNA) testing was ordered under any post-conviction testing procedures under this subchapter. (g) (1) The results of any deoxyribonucleic acid (DNA) testing ordered under this subchapter shall be simultaneously disclosed to the court, the person that requested the testing, and the State of Arkansas. (2) (A) The state shall submit any test results relating to a person's deoxyribonucleic acid (DNA) to the National DNA Index System. (B) If the deoxyribonucleic acid test (DNA) results obtained under this subchapter are inconclusive or show that the person tested was the source of the deoxyribonucleic acid (DNA) evidence, the deoxyribonucleic acid (DNA) sample of the person tested may be retained in the system and State DNA Data Base. (C) If the deoxyribonucleic acid (DNA) test results obtained under this subchapter exclude the person tested as the source of the deoxyribonucleic acid (DNA) evidence but a comparison of the deoxyribonucleic acid (DNA) sample of the person tested results in a match between the person's sample and another offense, the State Crime Laboratory shall notify the appropriate agency and preserve the deoxyribonucleic acid (DNA) sample of the person tested. (D) The State Crime Laboratory shall destroy the deoxyribonucleic acid (DNA) sample of the person tested and ensure that the information is not retained in the system or the data base if: (i) The deoxyribonucleic acid (DNA) test results obtained under this subchapter exclude the person tested as the source of the deoxyribonucleic acid (DNA) evidence; (ii) A comparison of the deoxyribonucleic acid (DNA) sample through a search of the data base or system does not match the person's sample and another offense; and (iii) There is no other legal authority to retain the sample of the person tested in the data base or system. Amended by Act 2023, No. 659,§ 236, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 235, eff. 1/1/2024. Acts 2005, No. 2250, § 4.

(a) (1) A court that orders any deoxyribonucleic acid (DNA) testing under this subchapter shall direct the testing to be carried out by the State Crime Laboratory. (2) (A) However, the court may order deoxyribonucleic acid (DNA) testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the specific evidence and the reliability of the testing process and test results. (B) As used in this section, "qualified laboratory" means a laboratory that is accredited by the American Society of Crime Laboratory Directors or certified through the National Forensic Science Technology Center. (3) The court may order the person who requested any deoxyribonucleic acid (DNA) testing under this subchapter to pay for the cost of the testing if the court determines that the person has the ability to pay for the testing.

(1) A court that orders any deoxyribonucleic acid (DNA) testing under this subchapter shall direct the testing to be carried out by the State Crime Laboratory.

(2) (A) However, the court may order deoxyribonucleic acid (DNA) testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the specific evidence and the reliability of the testing process and test results. (B) As used in this section, "qualified laboratory" means a laboratory that is accredited by the American Society of Crime Laboratory Directors or certified through the National Forensic Science Technology Center.

(A) However, the court may order deoxyribonucleic acid (DNA) testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the specific evidence and the reliability of the testing process and test results.

(B) As used in this section, "qualified laboratory" means a laboratory that is accredited by the American Society of Crime Laboratory Directors or certified through the National Forensic Science Technology Center.

(3) The court may order the person who requested any deoxyribonucleic acid (DNA) testing under this subchapter to pay for the cost of the testing if the court determines that the person has the ability to pay for the testing.

(b) If the deoxyribonucleic acid (DNA) test results obtained under this subchapter are inconclusive, the court may order additional testing or deny further relief to the person who requested the testing.

(c) (1) If deoxyribonucleic acid (DNA) test results obtained under this subchapter establish that the person who requested the testing was the source of the deoxyribonucleic acid (DNA) evidence, the court shall deny any relief to the person. (2) On motion of the state, the court shall determine if the person's assertion of actual innocence was false. If the court finds that the person's assertion of actual innocence was false, the court may: (A) Hold the person in contempt; (B) Assess against the person the cost of any deoxyribonucleic acid (DNA) testing carried out under this subchapter; (C) Forward the finding to the Board of Corrections for consideration in the awarding of meritorious good time or earned release credits to the person; or (D) Forward the finding to the Post-Prison Transfer Board for consideration in the granting of parole or post-release supervision to the person.

(1) If deoxyribonucleic acid (DNA) test results obtained under this subchapter establish that the person who requested the testing was the source of the deoxyribonucleic acid (DNA) evidence, the court shall deny any relief to the person.

(2) On motion of the state, the court shall determine if the person's assertion of actual innocence was false. If the court finds that the person's assertion of actual innocence was false, the court may: (A) Hold the person in contempt; (B) Assess against the person the cost of any deoxyribonucleic acid (DNA) testing carried out under this subchapter; (C) Forward the finding to the Board of Corrections for consideration in the awarding of meritorious good time or earned release credits to the person; or (D) Forward the finding to the Post-Prison Transfer Board for consideration in the granting of parole or post-release supervision to the person.

(A) Hold the person in contempt;

(B) Assess against the person the cost of any deoxyribonucleic acid (DNA) testing carried out under this subchapter;

(C) Forward the finding to the Board of Corrections for consideration in the awarding of meritorious good time or earned release credits to the person; or

(D) Forward the finding to the Post-Prison Transfer Board for consideration in the granting of parole or post-release supervision to the person.

(d) In any prosecution of a person for perjury or other conduct resulting from a proceeding under this subchapter, upon conviction or a plea of guilty or nolo contendere the court shall sentence the person to a term of imprisonment that shall run consecutively to any other term of imprisonment the person is serving.

(e) (1) If deoxyribonucleic acid (DNA) test results obtained under this subchapter exclude a person as the source of the deoxyribonucleic acid (DNA) evidence, the person may file a motion for a new trial or resentencing. (2) The court shall establish a reasonable schedule for the person to file a motion under subdivision (e)(1) of this section and for the state to respond to the motion. (3) The court may grant the motion of the person for a new trial or resentencing if the deoxyribonucleic acid (DNA) test results, when considered with all other evidence in the case regardless of whether the evidence was introduced at trial, establish by compelling evidence that a new trial would result in an acquittal.

(1) If deoxyribonucleic acid (DNA) test results obtained under this subchapter exclude a person as the source of the deoxyribonucleic acid (DNA) evidence, the person may file a motion for a new trial or resentencing.

(2) The court shall establish a reasonable schedule for the person to file a motion under subdivision (e)(1) of this section and for the state to respond to the motion.

(3) The court may grant the motion of the person for a new trial or resentencing if the deoxyribonucleic acid (DNA) test results, when considered with all other evidence in the case regardless of whether the evidence was introduced at trial, establish by compelling evidence that a new trial would result in an acquittal.

(f) In a case in which a person is sentenced to death, any deoxyribonucleic acid (DNA) testing ordered under this subchapter shall be completed: (1) No later than sixty (60) days after the date on which the state responds to the motion described in §§ 16-112-202 and 16-112-203 ; or (2) No later than one hundred twenty (120) days after the date on which the deoxyribonucleic acid (DNA) testing was ordered under any post-conviction testing procedures under this subchapter.

(1) No later than sixty (60) days after the date on which the state responds to the motion described in §§ 16-112-202 and 16-112-203 ; or

(2) No later than one hundred twenty (120) days after the date on which the deoxyribonucleic acid (DNA) testing was ordered under any post-conviction testing procedures under this subchapter.

(g) (1) The results of any deoxyribonucleic acid (DNA) testing ordered under this subchapter shall be simultaneously disclosed to the court, the person that requested the testing, and the State of Arkansas. (2) (A) The state shall submit any test results relating to a person's deoxyribonucleic acid (DNA) to the National DNA Index System. (B) If the deoxyribonucleic acid test (DNA) results obtained under this subchapter are inconclusive or show that the person tested was the source of the deoxyribonucleic acid (DNA) evidence, the deoxyribonucleic acid (DNA) sample of the person tested may be retained in the system and State DNA Data Base. (C) If the deoxyribonucleic acid (DNA) test results obtained under this subchapter exclude the person tested as the source of the deoxyribonucleic acid (DNA) evidence but a comparison of the deoxyribonucleic acid (DNA) sample of the person tested results in a match between the person's sample and another offense, the State Crime Laboratory shall notify the appropriate agency and preserve the deoxyribonucleic acid (DNA) sample of the person tested. (D) The State Crime Laboratory shall destroy the deoxyribonucleic acid (DNA) sample of the person tested and ensure that the information is not retained in the system or the data base if: (i) The deoxyribonucleic acid (DNA) test results obtained under this subchapter exclude the person tested as the source of the deoxyribonucleic acid (DNA) evidence; (ii) A comparison of the deoxyribonucleic acid (DNA) sample through a search of the data base or system does not match the person's sample and another offense; and (iii) There is no other legal authority to retain the sample of the person tested in the data base or system.

(1) The results of any deoxyribonucleic acid (DNA) testing ordered under this subchapter shall be simultaneously disclosed to the court, the person that requested the testing, and the State of Arkansas.

(2) (A) The state shall submit any test results relating to a person's deoxyribonucleic acid (DNA) to the National DNA Index System. (B) If the deoxyribonucleic acid test (DNA) results obtained under this subchapter are inconclusive or show that the person tested was the source of the deoxyribonucleic acid (DNA) evidence, the deoxyribonucleic acid (DNA) sample of the person tested may be retained in the system and State DNA Data Base. (C) If the deoxyribonucleic acid (DNA) test results obtained under this subchapter exclude the person tested as the source of the deoxyribonucleic acid (DNA) evidence but a comparison of the deoxyribonucleic acid (DNA) sample of the person tested results in a match between the person's sample and another offense, the State Crime Laboratory shall notify the appropriate agency and preserve the deoxyribonucleic acid (DNA) sample of the person tested. (D) The State Crime Laboratory shall destroy the deoxyribonucleic acid (DNA) sample of the person tested and ensure that the information is not retained in the system or the data base if: (i) The deoxyribonucleic acid (DNA) test results obtained under this subchapter exclude the person tested as the source of the deoxyribonucleic acid (DNA) evidence; (ii) A comparison of the deoxyribonucleic acid (DNA) sample through a search of the data base or system does not match the person's sample and another offense; and (iii) There is no other legal authority to retain the sample of the person tested in the data base or system.

(A) The state shall submit any test results relating to a person's deoxyribonucleic acid (DNA) to the National DNA Index System.

(B) If the deoxyribonucleic acid test (DNA) results obtained under this subchapter are inconclusive or show that the person tested was the source of the deoxyribonucleic acid (DNA) evidence, the deoxyribonucleic acid (DNA) sample of the person tested may be retained in the system and State DNA Data Base.

(C) If the deoxyribonucleic acid (DNA) test results obtained under this subchapter exclude the person tested as the source of the deoxyribonucleic acid (DNA) evidence but a comparison of the deoxyribonucleic acid (DNA) sample of the person tested results in a match between the person's sample and another offense, the State Crime Laboratory shall notify the appropriate agency and preserve the deoxyribonucleic acid (DNA) sample of the person tested.

(D) The State Crime Laboratory shall destroy the deoxyribonucleic acid (DNA) sample of the person tested and ensure that the information is not retained in the system or the data base if: (i) The deoxyribonucleic acid (DNA) test results obtained under this subchapter exclude the person tested as the source of the deoxyribonucleic acid (DNA) evidence; (ii) A comparison of the deoxyribonucleic acid (DNA) sample through a search of the data base or system does not match the person's sample and another offense; and (iii) There is no other legal authority to retain the sample of the person tested in the data base or system.

(i) The deoxyribonucleic acid (DNA) test results obtained under this subchapter exclude the person tested as the source of the deoxyribonucleic acid (DNA) evidence;

(ii) A comparison of the deoxyribonucleic acid (DNA) sample through a search of the data base or system does not match the person's sample and another offense; and

(iii) There is no other legal authority to retain the sample of the person tested in the data base or system.

Amended by Act 2023, No. 659,§ 236, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 235, eff. 1/1/2024.

Acts 2005, No. 2250, § 4.
Ark. Code Ann. § 16-10-307 — AR Code / Title 16 / Chapter 10 / Subchapter 3 / Section 16-10-307
County administration of justice fund
Status: in_force

(a) There is hereby created in each county a fund in the office of the county treasurer to be known as the "county administration of justice fund". (b) The county administration of justice fund shall be used to defray a part of the expenses of the administration of justice in the county. From the fund, the county shall continue to finance the following county agencies and programs which are currently funded, in whole or in part, by filing fees and court costs, at a funding level equal to not less than the greater of the amount which was collected by the county from filing fees and court costs for the agency or program in the calendar year ending December 31, 1994, or the amount appropriated by ordinance enacted prior to December 31, 1994, or on February 13, 1995, or on February 14, 1995, or by resolution dated February 9, 1995, to the agency or program for the calendar year ending December 31, 1995: (1) The prosecuting attorney fund, including all grant funds awarded and appropriated for the calendar year ending December 31, 1995; (2) The prosecuting attorney's victim-witness program fund; (3) The public defender/indigent defense fund and public defender investigator fund, including all grant funds awarded and appropriated for the calendar year ending December 31, 1995; (4) The county law library fund; (5) The county jail fund; and (6) The intoxication detection equipment fund. (c) (1) (A) The county administration of justice fund of each county may retain an amount equal to the amount which was collected by the county from court costs and filing fees for county administration of justice expense in the calendar year ending December 31, 1994, or the amount appropriated from court costs and filing fees by ordinance enacted prior to December 31, 1994, or on February 13, 1995, or on February 14, 1995, or by resolution dated February 9, 1995, for county administration of justice expense from court costs and filing fees for the calendar year ending December 31, 1995, plus, for calendar years 1995 - 2001, an additional amount based upon the average percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor for the two (2) years immediately preceding. (B) (i) The amount retained during calendar years 2002, 2003, 2004, and 2005 shall be the amount retained during calendar year 2001. (ii) Except as provided in subdivision (c)(1)(B)(iii) of this section, for calendar years beginning 2014 and each calendar year thereafter, an additional amount shall be added to the amount to be retained based upon the lesser of the average percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor, for the two (2) years immediately preceding or the percentage rate of increase in collections of the State Administration of Justice Fund for the two (2) years immediately preceding. (iii) The provisions of subdivision (c)(1)(B)(ii) of this section shall not be effective if the Chief Fiscal Officer of the State determines that the additional amount retained under subdivision (c)(1)(B)(ii) of this section has exceeded one million dollars ($1,000,000) in a calendar year and any additional amount to be retained must be authorized by the General Assembly. (C) All local ordinances of the counties and cities authorized and adopted under § 24-8-318 shall remain in full force and effect. (2) For the calendar year beginning January 1, 1998, the base amount to be retained shall be: (A) Increased by any increase in the Consumer Price Index for All Urban Consumers as provided for in subdivision (c)(1) of this section; and (B) Decreased by eighty-five percent (85%) of the total dollar amount which was certified by the county as having been collected during calendar year 1994 and for the purpose of funding the office and operation of the public defender and public defender investigator. (d) Nothing in this section shall prevent the county from funding any additional costs for the administration of justice from these or other county funds. (e) The county shall remit on or before the fifteenth day of each month all sums received in excess of the amounts necessary to fund the expenses enumerated in subsections (b) and (c) of this section during the previous month from the uniform filing fees provided for in §§ 21-6-403 and 9-15-202 , and the uniform court costs provided for in § 16-10-305 to the Administration of Justice Funds Section for deposit into the State Administration of Justice Fund. Amended by Act 2013, No. 282,§ 7, eff. 3/6/2013. Amended by Act 2013, No. 282,§ 6, eff. 3/6/2013. Acts 1995, No. 1256, §§ 10, 12; 1995 (1st Ex. Sess.), No. 13, § 7; 1997, No. 788, § 6; 1997, No. 1341, § 6; 2001, No. 1611, § 1; 2003, No. 1185, § 51; 2005, No. 434, § 1; 2005, No. 2212, § 1; 2007, No. 177, § 2.

(a) There is hereby created in each county a fund in the office of the county treasurer to be known as the "county administration of justice fund".

(b) The county administration of justice fund shall be used to defray a part of the expenses of the administration of justice in the county. From the fund, the county shall continue to finance the following county agencies and programs which are currently funded, in whole or in part, by filing fees and court costs, at a funding level equal to not less than the greater of the amount which was collected by the county from filing fees and court costs for the agency or program in the calendar year ending December 31, 1994, or the amount appropriated by ordinance enacted prior to December 31, 1994, or on February 13, 1995, or on February 14, 1995, or by resolution dated February 9, 1995, to the agency or program for the calendar year ending December 31, 1995: (1) The prosecuting attorney fund, including all grant funds awarded and appropriated for the calendar year ending December 31, 1995; (2) The prosecuting attorney's victim-witness program fund; (3) The public defender/indigent defense fund and public defender investigator fund, including all grant funds awarded and appropriated for the calendar year ending December 31, 1995; (4) The county law library fund; (5) The county jail fund; and (6) The intoxication detection equipment fund.

(1) The prosecuting attorney fund, including all grant funds awarded and appropriated for the calendar year ending December 31, 1995;

(2) The prosecuting attorney's victim-witness program fund;

(3) The public defender/indigent defense fund and public defender investigator fund, including all grant funds awarded and appropriated for the calendar year ending December 31, 1995;

(4) The county law library fund;

(5) The county jail fund; and

(6) The intoxication detection equipment fund.

(c) (1) (A) The county administration of justice fund of each county may retain an amount equal to the amount which was collected by the county from court costs and filing fees for county administration of justice expense in the calendar year ending December 31, 1994, or the amount appropriated from court costs and filing fees by ordinance enacted prior to December 31, 1994, or on February 13, 1995, or on February 14, 1995, or by resolution dated February 9, 1995, for county administration of justice expense from court costs and filing fees for the calendar year ending December 31, 1995, plus, for calendar years 1995 - 2001, an additional amount based upon the average percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor for the two (2) years immediately preceding. (B) (i) The amount retained during calendar years 2002, 2003, 2004, and 2005 shall be the amount retained during calendar year 2001. (ii) Except as provided in subdivision (c)(1)(B)(iii) of this section, for calendar years beginning 2014 and each calendar year thereafter, an additional amount shall be added to the amount to be retained based upon the lesser of the average percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor, for the two (2) years immediately preceding or the percentage rate of increase in collections of the State Administration of Justice Fund for the two (2) years immediately preceding. (iii) The provisions of subdivision (c)(1)(B)(ii) of this section shall not be effective if the Chief Fiscal Officer of the State determines that the additional amount retained under subdivision (c)(1)(B)(ii) of this section has exceeded one million dollars ($1,000,000) in a calendar year and any additional amount to be retained must be authorized by the General Assembly. (C) All local ordinances of the counties and cities authorized and adopted under § 24-8-318 shall remain in full force and effect. (2) For the calendar year beginning January 1, 1998, the base amount to be retained shall be: (A) Increased by any increase in the Consumer Price Index for All Urban Consumers as provided for in subdivision (c)(1) of this section; and (B) Decreased by eighty-five percent (85%) of the total dollar amount which was certified by the county as having been collected during calendar year 1994 and for the purpose of funding the office and operation of the public defender and public defender investigator.

(1) (A) The county administration of justice fund of each county may retain an amount equal to the amount which was collected by the county from court costs and filing fees for county administration of justice expense in the calendar year ending December 31, 1994, or the amount appropriated from court costs and filing fees by ordinance enacted prior to December 31, 1994, or on February 13, 1995, or on February 14, 1995, or by resolution dated February 9, 1995, for county administration of justice expense from court costs and filing fees for the calendar year ending December 31, 1995, plus, for calendar years 1995 - 2001, an additional amount based upon the average percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor for the two (2) years immediately preceding. (B) (i) The amount retained during calendar years 2002, 2003, 2004, and 2005 shall be the amount retained during calendar year 2001. (ii) Except as provided in subdivision (c)(1)(B)(iii) of this section, for calendar years beginning 2014 and each calendar year thereafter, an additional amount shall be added to the amount to be retained based upon the lesser of the average percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor, for the two (2) years immediately preceding or the percentage rate of increase in collections of the State Administration of Justice Fund for the two (2) years immediately preceding. (iii) The provisions of subdivision (c)(1)(B)(ii) of this section shall not be effective if the Chief Fiscal Officer of the State determines that the additional amount retained under subdivision (c)(1)(B)(ii) of this section has exceeded one million dollars ($1,000,000) in a calendar year and any additional amount to be retained must be authorized by the General Assembly. (C) All local ordinances of the counties and cities authorized and adopted under § 24-8-318 shall remain in full force and effect.

(A) The county administration of justice fund of each county may retain an amount equal to the amount which was collected by the county from court costs and filing fees for county administration of justice expense in the calendar year ending December 31, 1994, or the amount appropriated from court costs and filing fees by ordinance enacted prior to December 31, 1994, or on February 13, 1995, or on February 14, 1995, or by resolution dated February 9, 1995, for county administration of justice expense from court costs and filing fees for the calendar year ending December 31, 1995, plus, for calendar years 1995 - 2001, an additional amount based upon the average percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor for the two (2) years immediately preceding.

(B) (i) The amount retained during calendar years 2002, 2003, 2004, and 2005 shall be the amount retained during calendar year 2001. (ii) Except as provided in subdivision (c)(1)(B)(iii) of this section, for calendar years beginning 2014 and each calendar year thereafter, an additional amount shall be added to the amount to be retained based upon the lesser of the average percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor, for the two (2) years immediately preceding or the percentage rate of increase in collections of the State Administration of Justice Fund for the two (2) years immediately preceding. (iii) The provisions of subdivision (c)(1)(B)(ii) of this section shall not be effective if the Chief Fiscal Officer of the State determines that the additional amount retained under subdivision (c)(1)(B)(ii) of this section has exceeded one million dollars ($1,000,000) in a calendar year and any additional amount to be retained must be authorized by the General Assembly.

(i) The amount retained during calendar years 2002, 2003, 2004, and 2005 shall be the amount retained during calendar year 2001.

(ii) Except as provided in subdivision (c)(1)(B)(iii) of this section, for calendar years beginning 2014 and each calendar year thereafter, an additional amount shall be added to the amount to be retained based upon the lesser of the average percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor, for the two (2) years immediately preceding or the percentage rate of increase in collections of the State Administration of Justice Fund for the two (2) years immediately preceding.

(iii) The provisions of subdivision (c)(1)(B)(ii) of this section shall not be effective if the Chief Fiscal Officer of the State determines that the additional amount retained under subdivision (c)(1)(B)(ii) of this section has exceeded one million dollars ($1,000,000) in a calendar year and any additional amount to be retained must be authorized by the General Assembly.

(C) All local ordinances of the counties and cities authorized and adopted under § 24-8-318 shall remain in full force and effect.

(2) For the calendar year beginning January 1, 1998, the base amount to be retained shall be: (A) Increased by any increase in the Consumer Price Index for All Urban Consumers as provided for in subdivision (c)(1) of this section; and (B) Decreased by eighty-five percent (85%) of the total dollar amount which was certified by the county as having been collected during calendar year 1994 and for the purpose of funding the office and operation of the public defender and public defender investigator.

(A) Increased by any increase in the Consumer Price Index for All Urban Consumers as provided for in subdivision (c)(1) of this section; and

(B) Decreased by eighty-five percent (85%) of the total dollar amount which was certified by the county as having been collected during calendar year 1994 and for the purpose of funding the office and operation of the public defender and public defender investigator.

(d) Nothing in this section shall prevent the county from funding any additional costs for the administration of justice from these or other county funds.

(e) The county shall remit on or before the fifteenth day of each month all sums received in excess of the amounts necessary to fund the expenses enumerated in subsections (b) and (c) of this section during the previous month from the uniform filing fees provided for in §§ 21-6-403 and 9-15-202 , and the uniform court costs provided for in § 16-10-305 to the Administration of Justice Funds Section for deposit into the State Administration of Justice Fund.

Amended by Act 2013, No. 282,§ 7, eff. 3/6/2013.

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

Acts 1995, No. 1256, §§ 10, 12; 1995 (1st Ex. Sess.), No. 13, § 7; 1997, No. 788, § 6; 1997, No. 1341, § 6; 2001, No. 1611, § 1; 2003, No. 1185, § 51; 2005, No. 434, § 1; 2005, No. 2212, § 1; 2007, No. 177, § 2.
Ark. Code Ann. § 16-66-608 — AR Code / Title 16 / Chapter 66 / Subchapter 6 / Section 16-66-608
Short title
Status: in_force

This subchapter may be cited as the "Uniform Enforcement of Foreign Judgments Act". Acts 1989, No. 501, § 8.

This subchapter may be cited as the "Uniform Enforcement of Foreign Judgments Act".

Acts 1989, No. 501, § 8.
Ark. Code Ann. § 16-17-702 — AR Code / Title 16 / Chapter 17 / Subchapter 7 / Section 16-17-702
Proceedings subject to rules
Status: in_force

All civil cases filed in district court shall be subject to the procedural rules adopted by the Supreme Court for such cases. Acts 1987, No. 431, § 2; 2003, No. 1185, §§ 161, 162.

All civil cases filed in district court shall be subject to the procedural rules adopted by the Supreme Court for such cases.

Acts 1987, No. 431, § 2; 2003, No. 1185, §§ 161, 162.