Ark. Code Ann. § 16-10-141 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-141
District court costs and fees - Specialty courts
Status: in_force

(a) As used in this section, "specialty court program" means the same as defined in § 16-10-139 . (b) A district court judge presiding over a specialty court program that has been approved by the Supreme Court may order the offender to pay: (1) Court costs as provided in § 16-10-305 ; (2) Treatment costs; (3) Drug testing costs; (4) A local specialty court program user fee; (5) Necessary supervision fees, including any applicable residential treatment fees; (6) Global Positioning System monitoring costs; and (7) Continuous alcohol monitoring fees. (c) (1) The district court judge presiding over a specialty court program shall establish a schedule for the payment of specialty court program costs and fees. (2) The costs for treatment, drug testing, continuous alcohol monitoring and supervision shall be set by the treatment and supervision providers and made part of the order of the district court judge presiding over a specialty court program for payment. (3) Specialty court program user fees shall be set by the district court judge presiding over a specialty court program. (4) The costs for treatment, drug testing, continuous alcohol monitoring, and supervision shall be paid to the respective providers. (5) (A) Court costs and local specialty court program user fees assessed by the district court judge presiding over the specialty court program shall be paid to the county, town, or city official, agency, or department that is primarily responsible for the collection of fines assessed by the district court under § 16-13-709 for remittance into a local fund entitled the "District Court Specialty Court Program Fund". (B) Installment payments shall be considered a payment toward court costs under § 16-10-305 until the court costs have been collected in full. (C) Any remaining payments representing collections of other fees and costs as authorized in this section shall be remitted by the tenth day of each month to the city treasurer of the city in which the district court is located to be deposited into the fund. (D) A district court that is funded solely by the county shall remit all remaining funds by the tenth day of each month to the county treasurer of the county in which the district court is located to be deposited into the fund. (E) Expenditures from the fund shall require the approval of the district court judge presiding over the specialty court program and shall be authorized and paid by law concerning the appropriation and payment of county or municipal expenditures by the governing body or, if applicable, governing bodies, that contribute to the expenses of the district court. (F) (i) Expenditures from the fund shall be used solely for the support, benefit, and administration of the specialty court program. (ii) Expenditures may be made for indirect expenses related to the specialty court program, including training and travel expenses, program user incentives, graduation costs, and supplies. (6) Court orders for costs and fees shall remain an obligation of the offender and shall be monitored by the district court until fully paid. (d) A grant awarded to a specialty court program presided over by a district court judge, as well as all memorials, honorariums, and other monetary gifts to the specialty court program shall be deposited into the fund. (e) A fee or costs under this section may be waived in whole or in part if the district court finds that the person subject to paying the cost or fee is indigent. Added by Act 2019, No. 1044,§ 1, eff. 7/24/2019.

(a) As used in this section, "specialty court program" means the same as defined in § 16-10-139 .

(b) A district court judge presiding over a specialty court program that has been approved by the Supreme Court may order the offender to pay: (1) Court costs as provided in § 16-10-305 ; (2) Treatment costs; (3) Drug testing costs; (4) A local specialty court program user fee; (5) Necessary supervision fees, including any applicable residential treatment fees; (6) Global Positioning System monitoring costs; and (7) Continuous alcohol monitoring fees.

(1) Court costs as provided in § 16-10-305 ;

(2) Treatment costs;

(3) Drug testing costs;

(4) A local specialty court program user fee;

(5) Necessary supervision fees, including any applicable residential treatment fees;

(6) Global Positioning System monitoring costs; and

(7) Continuous alcohol monitoring fees.

(c) (1) The district court judge presiding over a specialty court program shall establish a schedule for the payment of specialty court program costs and fees. (2) The costs for treatment, drug testing, continuous alcohol monitoring and supervision shall be set by the treatment and supervision providers and made part of the order of the district court judge presiding over a specialty court program for payment. (3) Specialty court program user fees shall be set by the district court judge presiding over a specialty court program. (4) The costs for treatment, drug testing, continuous alcohol monitoring, and supervision shall be paid to the respective providers. (5) (A) Court costs and local specialty court program user fees assessed by the district court judge presiding over the specialty court program shall be paid to the county, town, or city official, agency, or department that is primarily responsible for the collection of fines assessed by the district court under § 16-13-709 for remittance into a local fund entitled the "District Court Specialty Court Program Fund". (B) Installment payments shall be considered a payment toward court costs under § 16-10-305 until the court costs have been collected in full. (C) Any remaining payments representing collections of other fees and costs as authorized in this section shall be remitted by the tenth day of each month to the city treasurer of the city in which the district court is located to be deposited into the fund. (D) A district court that is funded solely by the county shall remit all remaining funds by the tenth day of each month to the county treasurer of the county in which the district court is located to be deposited into the fund. (E) Expenditures from the fund shall require the approval of the district court judge presiding over the specialty court program and shall be authorized and paid by law concerning the appropriation and payment of county or municipal expenditures by the governing body or, if applicable, governing bodies, that contribute to the expenses of the district court. (F) (i) Expenditures from the fund shall be used solely for the support, benefit, and administration of the specialty court program. (ii) Expenditures may be made for indirect expenses related to the specialty court program, including training and travel expenses, program user incentives, graduation costs, and supplies. (6) Court orders for costs and fees shall remain an obligation of the offender and shall be monitored by the district court until fully paid.

(1) The district court judge presiding over a specialty court program shall establish a schedule for the payment of specialty court program costs and fees.

(2) The costs for treatment, drug testing, continuous alcohol monitoring and supervision shall be set by the treatment and supervision providers and made part of the order of the district court judge presiding over a specialty court program for payment.

(3) Specialty court program user fees shall be set by the district court judge presiding over a specialty court program.

(4) The costs for treatment, drug testing, continuous alcohol monitoring, and supervision shall be paid to the respective providers.

(5) (A) Court costs and local specialty court program user fees assessed by the district court judge presiding over the specialty court program shall be paid to the county, town, or city official, agency, or department that is primarily responsible for the collection of fines assessed by the district court under § 16-13-709 for remittance into a local fund entitled the "District Court Specialty Court Program Fund". (B) Installment payments shall be considered a payment toward court costs under § 16-10-305 until the court costs have been collected in full. (C) Any remaining payments representing collections of other fees and costs as authorized in this section shall be remitted by the tenth day of each month to the city treasurer of the city in which the district court is located to be deposited into the fund. (D) A district court that is funded solely by the county shall remit all remaining funds by the tenth day of each month to the county treasurer of the county in which the district court is located to be deposited into the fund. (E) Expenditures from the fund shall require the approval of the district court judge presiding over the specialty court program and shall be authorized and paid by law concerning the appropriation and payment of county or municipal expenditures by the governing body or, if applicable, governing bodies, that contribute to the expenses of the district court. (F) (i) Expenditures from the fund shall be used solely for the support, benefit, and administration of the specialty court program. (ii) Expenditures may be made for indirect expenses related to the specialty court program, including training and travel expenses, program user incentives, graduation costs, and supplies.

(A) Court costs and local specialty court program user fees assessed by the district court judge presiding over the specialty court program shall be paid to the county, town, or city official, agency, or department that is primarily responsible for the collection of fines assessed by the district court under § 16-13-709 for remittance into a local fund entitled the "District Court Specialty Court Program Fund".

(B) Installment payments shall be considered a payment toward court costs under § 16-10-305 until the court costs have been collected in full.

(C) Any remaining payments representing collections of other fees and costs as authorized in this section shall be remitted by the tenth day of each month to the city treasurer of the city in which the district court is located to be deposited into the fund.

(D) A district court that is funded solely by the county shall remit all remaining funds by the tenth day of each month to the county treasurer of the county in which the district court is located to be deposited into the fund.

(E) Expenditures from the fund shall require the approval of the district court judge presiding over the specialty court program and shall be authorized and paid by law concerning the appropriation and payment of county or municipal expenditures by the governing body or, if applicable, governing bodies, that contribute to the expenses of the district court.

(F) (i) Expenditures from the fund shall be used solely for the support, benefit, and administration of the specialty court program. (ii) Expenditures may be made for indirect expenses related to the specialty court program, including training and travel expenses, program user incentives, graduation costs, and supplies.

(i) Expenditures from the fund shall be used solely for the support, benefit, and administration of the specialty court program.

(ii) Expenditures may be made for indirect expenses related to the specialty court program, including training and travel expenses, program user incentives, graduation costs, and supplies.

(6) Court orders for costs and fees shall remain an obligation of the offender and shall be monitored by the district court until fully paid.

(d) A grant awarded to a specialty court program presided over by a district court judge, as well as all memorials, honorariums, and other monetary gifts to the specialty court program shall be deposited into the fund.

(e) A fee or costs under this section may be waived in whole or in part if the district court finds that the person subject to paying the cost or fee is indigent.

Added by Act 2019, No. 1044,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 16-20-304 — AR Code / Title 16 / Chapter 20 / Subchapter 3 / Section 16-20-304
Record and index of court proceedings
Status: in_force

(a) A clerk shall seasonably record the judgments, rules, orders, and other proceedings of the courts of which he or she is the clerk and shall make a complete alphabetical index of the judgments, rules, orders, and other proceedings of the court. (b) A clerk may make only an electronic alphabetical index under subsection (a) of this section if he or she is able to electronically scan the judgments, rules, orders, or other proceedings of the court so that the judgments, rules, orders, or other proceedings of the court are accessible on an internet-based computer database searchable by name or case number. Amended by Act 2019, No. 183,§ 1, eff. 7/24/2019. Rev. Stat., ch. 25, § 11; C. & M. Dig., § 1374; Pope's Dig., § 1635; A.S.A. 1947, § 23-315.

(a) A clerk shall seasonably record the judgments, rules, orders, and other proceedings of the courts of which he or she is the clerk and shall make a complete alphabetical index of the judgments, rules, orders, and other proceedings of the court.

(b) A clerk may make only an electronic alphabetical index under subsection (a) of this section if he or she is able to electronically scan the judgments, rules, orders, or other proceedings of the court so that the judgments, rules, orders, or other proceedings of the court are accessible on an internet-based computer database searchable by name or case number.

Amended by Act 2019, No. 183,§ 1, eff. 7/24/2019.

Rev. Stat., ch. 25, § 11; C. & M. Dig., § 1374; Pope's Dig., § 1635; A.S.A. 1947, § 23-315.
Ark. Code Ann. § 16-120-1204 — AR Code / Title 16 / Chapter 120 / Subchapter 12 / Section 16-120-1204
Protection from civil liability
Status: in_force

(a) If a property owner allows for all nonemployees on the property to carry a loaded firearm, the property owner is not subject to civil liability for any damage, injury, or death resulting from a nonemployee using a loaded firearm on or near the property. (b) The fact that a property owner allows for all nonemployees on the property to carry a loaded firearm shall not be used to infer or impute liability in any cause of action against the property owner. (c) Subsection (a) of this section does not apply to intentional or reckless conduct by the property owner. Added by Act 2023, No. 749,§ 1, eff. 8/1/2023.

(a) If a property owner allows for all nonemployees on the property to carry a loaded firearm, the property owner is not subject to civil liability for any damage, injury, or death resulting from a nonemployee using a loaded firearm on or near the property.

(b) The fact that a property owner allows for all nonemployees on the property to carry a loaded firearm shall not be used to infer or impute liability in any cause of action against the property owner.

(c) Subsection (a) of this section does not apply to intentional or reckless conduct by the property owner.

Added by Act 2023, No. 749,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 16-10-901 — AR Code / Title 16 / Chapter 10 / Subchapter 9 / Section 16-10-901
Retired judges - Definition
Status: in_force

As used in this subchapter, "retired judge" means a former: (1) Circuit court judge, chancery court judge, circuit-chancery court judge, Court of Appeals judge, or Supreme Court justice, receiving benefits under the Arkansas Judicial Retirement System; and (2) Municipal court judge or district court judge, receiving benefits under the Arkansas Public Employees' Retirement System. Amended by Act 2021, No. 818,§ 2, eff. 7/28/2021. Acts 1999, No. 390, § 1.

As used in this subchapter, "retired judge" means a former:

(1) Circuit court judge, chancery court judge, circuit-chancery court judge, Court of Appeals judge, or Supreme Court justice, receiving benefits under the Arkansas Judicial Retirement System; and

(2) Municipal court judge or district court judge, receiving benefits under the Arkansas Public Employees' Retirement System.

Amended by Act 2021, No. 818,§ 2, eff. 7/28/2021.

Acts 1999, No. 390, § 1.
Ark. Code Ann. § 16-110-210 — AR Code / Title 16 / Chapter 110 / Subchapter 2 / Section 16-110-210
Concealment of property
Status: in_force

Where it appears, by return of the county sheriff or by the affidavit of the plaintiff, that any specific property against which an order of attachment is issued has been concealed or removed by the defendant, the court may require him or her to attend and be examined on oath respecting the matter and may enforce its orders in this respect as in cases of contempt. Civil Code, § 273; C. & M. Dig., § 563; Pope's Dig., § 600; A.S.A. 1947, § 31-310.

Where it appears, by return of the county sheriff or by the affidavit of the plaintiff, that any specific property against which an order of attachment is issued has been concealed or removed by the defendant, the court may require him or her to attend and be examined on oath respecting the matter and may enforce its orders in this respect as in cases of contempt.

Civil Code, § 273; C. & M. Dig., § 563; Pope's Dig., § 600; A.S.A. 1947, § 31-310.
Ark. Code Ann. § 16-85-511 — AR Code / Title 16 / Chapter 85 / Subchapter 5 / Section 16-85-511
Evidence
Status: in_force

The grand jury is not bound to hear evidence for the defendant, but it is their duty to weigh all the evidence before them. If they believe that other evidence will explain away the charge, they should order the evidence to be produced. Crim. Code, § 102; C. & M. Dig., § 2988; Pope's Dig., § 3810; A.S.A. 1947, § 43-918; Acts 2005, No. 1994, § 320.

The grand jury is not bound to hear evidence for the defendant, but it is their duty to weigh all the evidence before them. If they believe that other evidence will explain away the charge, they should order the evidence to be produced.

Crim. Code, § 102; C. & M. Dig., § 2988; Pope's Dig., § 3810; A.S.A. 1947, § 43-918; Acts 2005, No. 1994, § 320.
Ark. Code Ann. § 16-10-203 — AR Code / Title 16 / Chapter 10 / Subchapter 2 / Section 16-10-203
Applicability of subchapter
Status: in_force

This subchapter shall apply to any district court within the State of Arkansas. Acts 1977, No. 332, § 2; A.S.A. 1947, § 22-1102; Acts 2003, No. 1185, §§ 46, 47.

This subchapter shall apply to any district court within the State of Arkansas.

Acts 1977, No. 332, § 2; A.S.A. 1947, § 22-1102; Acts 2003, No. 1185, §§ 46, 47.
Ark. Code Ann. § 16-91-102 — AR Code / Title 16 / Chapter 91 / Subchapter 1 / Section 16-91-102
Applicability of statutes governing civil appeals
Status: in_force

Matters pertaining to several appeals, the docketing, designation, abbreviation, stipulation, preparation, and correction or modification of the record on appeal, as well as appeals where no stenographic record was made, shall be governed by those statutes which apply to civil cases on appeal to the Supreme Court. Acts 1971, No. 333, § 10; A.S.A. 1947, § 43-2705.

Matters pertaining to several appeals, the docketing, designation, abbreviation, stipulation, preparation, and correction or modification of the record on appeal, as well as appeals where no stenographic record was made, shall be governed by those statutes which apply to civil cases on appeal to the Supreme Court.

Acts 1971, No. 333, § 10; A.S.A. 1947, § 43-2705.
Ark. Code Ann. § 16-10-139 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-139
Specialty court program evaluation and approval - Transfer - Definition
Status: in_force

(a) As used in this section, "specialty court program" means one (1) of the following: (1) A pre-adjudication program under § 5-4-901 et seq.; (2) An approved drug court program under the Arkansas Drug Court Act, § 16-98-301 et seq.; (3) The Swift and Certain Accountability on Probation Pilot Program under § 16-93-1701 et seq.; and (4) Any other specialty court program that has been approved by the Supreme Court, including without limitation specialty court programs known as: (A) A DWI/BWI specialty court program; (B) A mental health specialty court program; (C) A veterans treatment specialty court program; (D) A juvenile drug court; (E) A "HOPE" court; and (F) A domestic violence specialty court program. (b) A specialty court program operated by a circuit court or district court must be approved by the Supreme Court in the administrative plan submitted under Supreme Court Administrative Order Nos. 14 and 18. (c) (1) The Specialty Court Program Advisory Committee shall evaluate and make findings with respect to all specialty court programs operated by a circuit court or district court in this state and refer the findings to the Supreme Court. (2) An evaluation under this section shall reflect nationally recognized and peer-reviewed standards for each particular type of specialty court program. (3) The Specialty Court Program Advisory Committee shall also: (A) Establish, implement, and operate a uniform specialty court program evaluation process to ensure specialty court program resources are uniformly directed to high-risk, high-need offenders and that specialty court programs provide effective and proven practices that reduce recidivism, as well as other factors such as substance dependency, among participants; (B) Establish an evaluation process that ensures that any new and existing specialty court program that is a drug court program meets standards for drug court program operation under § 16-98-302(b) ; and (C) Promulgate rules to be approved by the Supreme Court to carry out the evaluation process under this section. (d) A specialty court program shall be evaluated under the following schedule: (1) A specialty court program established on or after April 1, 2015, shall be evaluated after its second year of funded operation; (2) A specialty court program in existence on April 1, 2015, shall be evaluated under the requirements of this section prior to expending resources budgeted for fiscal year 2017; and (3) A specialty court program shall be reevaluated every two (2) years after the initial evaluation. (e) (1) (A) On motion of a specialty court program participant, a specialty court judge who presides over a specialty court program may by written order transfer responsibility for supervision and specialty court program enforcement of the specialty court program participant's case to another specialty court judge with the consent of the other specialty court judge. (B) The specialty court program participant shall comply with the policies and procedures for the specialty court program to which the specialty court program participant's case is transferred. (C) The specialty court judge to whom the specialty court program participant's case is transferred may impose sanctions on the specialty court program participant, including without limitation the imposition of a period of incarceration and the requirement of inpatient treatment under the written policies and procedures for the specialty court program to which the specialty court program participant's case has been transferred. (2) (A) If the specialty court judge to whom the specialty court program participant's case has been transferred determines that the specialty court program participant has successfully completed the specialty court program, the specialty court judge shall notify the transferring specialty court judge and request that the appropriate orders be entered in the specialty court program participant's case. (B) (i) If after a specialty court program participant's case is transferred, the specialty court team recommends that the specialty court program participant be removed from the specialty court program, the specialty court judge shall enter an order returning the specialty court program participant's case to the transferring specialty court program. (ii) Upon return of the specialty court program participant's case to the transferring specialty court program, the specialty court judge shall determine an appropriate disposition of the matter. (f) (1) (A) If a specialty court program participant's case is transferred from a district court, all assessed fines, penalties, court costs, and fees other than those described under subdivision (f)(2) of this section shall be paid to the transferring district court, notwithstanding the provisions of § 16-10-141 . (B) The funds described under subdivision (f)(1)(A) of this section shall be disbursed as required under § 16-17-707 . (2) In accordance with § 16-10-141(b)(2) -(7), the district court to which the case is transferred may assess and collect: (A) Treatment costs; (B) Drug testing costs; (C) A local specialty court program user fee; (D) Necessary supervision fees, including any applicable residential treatment fees; (E) Global Positioning System monitoring costs; and (F) Continuous alcohol monitoring fees. (g) (1) If a specialty court program participant's case is transferred from a circuit court, all assessed fines, penalties, court costs, and fees other than those under subdivision (g)(2) of this section shall be paid to the transferring circuit court, notwithstanding the provisions of § 16-98-304 . (2) In accordance with §§ 5-4-907 , 16-10-701 , 16-98-304 , 16-100-209 , and 16-101-104 , the circuit court to which the specialty court program participant's case is transferred may assess and collect: (A) Treatment costs; (B) Drug testing costs; (C) A local specialty court program user fee; (D) Necessary supervision fees, including any applicable residential treatment fees; (E) A fee determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) that is to be paid to the Division of Community Correction; (F) Global Positioning System monitoring costs; (G) Continuous alcohol monitoring fees; (H) Tuition and other educational fees for a vocational school, technical school, community college, or two-year or four-year public university that is part of the pre-adjudication probation program in which the specialty court program participant is participating; and (I) A specialty court program public defender user fee. Amended by Act 2021, No. 58,§ 1, eff. 7/28/2021. Added by Act 2015, No. 895,§ 15, eff. 4/1/2015.

(a) As used in this section, "specialty court program" means one (1) of the following: (1) A pre-adjudication program under § 5-4-901 et seq.; (2) An approved drug court program under the Arkansas Drug Court Act, § 16-98-301 et seq.; (3) The Swift and Certain Accountability on Probation Pilot Program under § 16-93-1701 et seq.; and (4) Any other specialty court program that has been approved by the Supreme Court, including without limitation specialty court programs known as: (A) A DWI/BWI specialty court program; (B) A mental health specialty court program; (C) A veterans treatment specialty court program; (D) A juvenile drug court; (E) A "HOPE" court; and (F) A domestic violence specialty court program.

(1) A pre-adjudication program under § 5-4-901 et seq.;

(2) An approved drug court program under the Arkansas Drug Court Act, § 16-98-301 et seq.;

(3) The Swift and Certain Accountability on Probation Pilot Program under § 16-93-1701 et seq.; and

(4) Any other specialty court program that has been approved by the Supreme Court, including without limitation specialty court programs known as: (A) A DWI/BWI specialty court program; (B) A mental health specialty court program; (C) A veterans treatment specialty court program; (D) A juvenile drug court; (E) A "HOPE" court; and (F) A domestic violence specialty court program.

(A) A DWI/BWI specialty court program;

(B) A mental health specialty court program;

(C) A veterans treatment specialty court program;

(D) A juvenile drug court;

(E) A "HOPE" court; and

(F) A domestic violence specialty court program.

(b) A specialty court program operated by a circuit court or district court must be approved by the Supreme Court in the administrative plan submitted under Supreme Court Administrative Order Nos. 14 and 18.

(c) (1) The Specialty Court Program Advisory Committee shall evaluate and make findings with respect to all specialty court programs operated by a circuit court or district court in this state and refer the findings to the Supreme Court. (2) An evaluation under this section shall reflect nationally recognized and peer-reviewed standards for each particular type of specialty court program. (3) The Specialty Court Program Advisory Committee shall also: (A) Establish, implement, and operate a uniform specialty court program evaluation process to ensure specialty court program resources are uniformly directed to high-risk, high-need offenders and that specialty court programs provide effective and proven practices that reduce recidivism, as well as other factors such as substance dependency, among participants; (B) Establish an evaluation process that ensures that any new and existing specialty court program that is a drug court program meets standards for drug court program operation under § 16-98-302(b) ; and (C) Promulgate rules to be approved by the Supreme Court to carry out the evaluation process under this section.

(1) The Specialty Court Program Advisory Committee shall evaluate and make findings with respect to all specialty court programs operated by a circuit court or district court in this state and refer the findings to the Supreme Court.

(2) An evaluation under this section shall reflect nationally recognized and peer-reviewed standards for each particular type of specialty court program.

(3) The Specialty Court Program Advisory Committee shall also: (A) Establish, implement, and operate a uniform specialty court program evaluation process to ensure specialty court program resources are uniformly directed to high-risk, high-need offenders and that specialty court programs provide effective and proven practices that reduce recidivism, as well as other factors such as substance dependency, among participants; (B) Establish an evaluation process that ensures that any new and existing specialty court program that is a drug court program meets standards for drug court program operation under § 16-98-302(b) ; and (C) Promulgate rules to be approved by the Supreme Court to carry out the evaluation process under this section.

(A) Establish, implement, and operate a uniform specialty court program evaluation process to ensure specialty court program resources are uniformly directed to high-risk, high-need offenders and that specialty court programs provide effective and proven practices that reduce recidivism, as well as other factors such as substance dependency, among participants;

(B) Establish an evaluation process that ensures that any new and existing specialty court program that is a drug court program meets standards for drug court program operation under § 16-98-302(b) ; and

(C) Promulgate rules to be approved by the Supreme Court to carry out the evaluation process under this section.

(d) A specialty court program shall be evaluated under the following schedule: (1) A specialty court program established on or after April 1, 2015, shall be evaluated after its second year of funded operation; (2) A specialty court program in existence on April 1, 2015, shall be evaluated under the requirements of this section prior to expending resources budgeted for fiscal year 2017; and (3) A specialty court program shall be reevaluated every two (2) years after the initial evaluation.

(1) A specialty court program established on or after April 1, 2015, shall be evaluated after its second year of funded operation;

(2) A specialty court program in existence on April 1, 2015, shall be evaluated under the requirements of this section prior to expending resources budgeted for fiscal year 2017; and

(3) A specialty court program shall be reevaluated every two (2) years after the initial evaluation.

(e) (1) (A) On motion of a specialty court program participant, a specialty court judge who presides over a specialty court program may by written order transfer responsibility for supervision and specialty court program enforcement of the specialty court program participant's case to another specialty court judge with the consent of the other specialty court judge. (B) The specialty court program participant shall comply with the policies and procedures for the specialty court program to which the specialty court program participant's case is transferred. (C) The specialty court judge to whom the specialty court program participant's case is transferred may impose sanctions on the specialty court program participant, including without limitation the imposition of a period of incarceration and the requirement of inpatient treatment under the written policies and procedures for the specialty court program to which the specialty court program participant's case has been transferred. (2) (A) If the specialty court judge to whom the specialty court program participant's case has been transferred determines that the specialty court program participant has successfully completed the specialty court program, the specialty court judge shall notify the transferring specialty court judge and request that the appropriate orders be entered in the specialty court program participant's case. (B) (i) If after a specialty court program participant's case is transferred, the specialty court team recommends that the specialty court program participant be removed from the specialty court program, the specialty court judge shall enter an order returning the specialty court program participant's case to the transferring specialty court program. (ii) Upon return of the specialty court program participant's case to the transferring specialty court program, the specialty court judge shall determine an appropriate disposition of the matter.

(1) (A) On motion of a specialty court program participant, a specialty court judge who presides over a specialty court program may by written order transfer responsibility for supervision and specialty court program enforcement of the specialty court program participant's case to another specialty court judge with the consent of the other specialty court judge. (B) The specialty court program participant shall comply with the policies and procedures for the specialty court program to which the specialty court program participant's case is transferred. (C) The specialty court judge to whom the specialty court program participant's case is transferred may impose sanctions on the specialty court program participant, including without limitation the imposition of a period of incarceration and the requirement of inpatient treatment under the written policies and procedures for the specialty court program to which the specialty court program participant's case has been transferred.

(A) On motion of a specialty court program participant, a specialty court judge who presides over a specialty court program may by written order transfer responsibility for supervision and specialty court program enforcement of the specialty court program participant's case to another specialty court judge with the consent of the other specialty court judge.

(B) The specialty court program participant shall comply with the policies and procedures for the specialty court program to which the specialty court program participant's case is transferred.

(C) The specialty court judge to whom the specialty court program participant's case is transferred may impose sanctions on the specialty court program participant, including without limitation the imposition of a period of incarceration and the requirement of inpatient treatment under the written policies and procedures for the specialty court program to which the specialty court program participant's case has been transferred.

(2) (A) If the specialty court judge to whom the specialty court program participant's case has been transferred determines that the specialty court program participant has successfully completed the specialty court program, the specialty court judge shall notify the transferring specialty court judge and request that the appropriate orders be entered in the specialty court program participant's case. (B) (i) If after a specialty court program participant's case is transferred, the specialty court team recommends that the specialty court program participant be removed from the specialty court program, the specialty court judge shall enter an order returning the specialty court program participant's case to the transferring specialty court program. (ii) Upon return of the specialty court program participant's case to the transferring specialty court program, the specialty court judge shall determine an appropriate disposition of the matter.

(A) If the specialty court judge to whom the specialty court program participant's case has been transferred determines that the specialty court program participant has successfully completed the specialty court program, the specialty court judge shall notify the transferring specialty court judge and request that the appropriate orders be entered in the specialty court program participant's case.

(B) (i) If after a specialty court program participant's case is transferred, the specialty court team recommends that the specialty court program participant be removed from the specialty court program, the specialty court judge shall enter an order returning the specialty court program participant's case to the transferring specialty court program. (ii) Upon return of the specialty court program participant's case to the transferring specialty court program, the specialty court judge shall determine an appropriate disposition of the matter.

(i) If after a specialty court program participant's case is transferred, the specialty court team recommends that the specialty court program participant be removed from the specialty court program, the specialty court judge shall enter an order returning the specialty court program participant's case to the transferring specialty court program.

(ii) Upon return of the specialty court program participant's case to the transferring specialty court program, the specialty court judge shall determine an appropriate disposition of the matter.

(f) (1) (A) If a specialty court program participant's case is transferred from a district court, all assessed fines, penalties, court costs, and fees other than those described under subdivision (f)(2) of this section shall be paid to the transferring district court, notwithstanding the provisions of § 16-10-141 . (B) The funds described under subdivision (f)(1)(A) of this section shall be disbursed as required under § 16-17-707 . (2) In accordance with § 16-10-141(b)(2) -(7), the district court to which the case is transferred may assess and collect: (A) Treatment costs; (B) Drug testing costs; (C) A local specialty court program user fee; (D) Necessary supervision fees, including any applicable residential treatment fees; (E) Global Positioning System monitoring costs; and (F) Continuous alcohol monitoring fees.

(1) (A) If a specialty court program participant's case is transferred from a district court, all assessed fines, penalties, court costs, and fees other than those described under subdivision (f)(2) of this section shall be paid to the transferring district court, notwithstanding the provisions of § 16-10-141 . (B) The funds described under subdivision (f)(1)(A) of this section shall be disbursed as required under § 16-17-707 .

(A) If a specialty court program participant's case is transferred from a district court, all assessed fines, penalties, court costs, and fees other than those described under subdivision (f)(2) of this section shall be paid to the transferring district court, notwithstanding the provisions of § 16-10-141 .

(B) The funds described under subdivision (f)(1)(A) of this section shall be disbursed as required under § 16-17-707 .

(2) In accordance with § 16-10-141(b)(2) -(7), the district court to which the case is transferred may assess and collect: (A) Treatment costs; (B) Drug testing costs; (C) A local specialty court program user fee; (D) Necessary supervision fees, including any applicable residential treatment fees; (E) Global Positioning System monitoring costs; and (F) Continuous alcohol monitoring fees.

(A) Treatment costs;

(B) Drug testing costs;

(C) A local specialty court program user fee;

(D) Necessary supervision fees, including any applicable residential treatment fees;

(E) Global Positioning System monitoring costs; and

(F) Continuous alcohol monitoring fees.

(g) (1) If a specialty court program participant's case is transferred from a circuit court, all assessed fines, penalties, court costs, and fees other than those under subdivision (g)(2) of this section shall be paid to the transferring circuit court, notwithstanding the provisions of § 16-98-304 . (2) In accordance with §§ 5-4-907 , 16-10-701 , 16-98-304 , 16-100-209 , and 16-101-104 , the circuit court to which the specialty court program participant's case is transferred may assess and collect: (A) Treatment costs; (B) Drug testing costs; (C) A local specialty court program user fee; (D) Necessary supervision fees, including any applicable residential treatment fees; (E) A fee determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) that is to be paid to the Division of Community Correction; (F) Global Positioning System monitoring costs; (G) Continuous alcohol monitoring fees; (H) Tuition and other educational fees for a vocational school, technical school, community college, or two-year or four-year public university that is part of the pre-adjudication probation program in which the specialty court program participant is participating; and (I) A specialty court program public defender user fee.

(1) If a specialty court program participant's case is transferred from a circuit court, all assessed fines, penalties, court costs, and fees other than those under subdivision (g)(2) of this section shall be paid to the transferring circuit court, notwithstanding the provisions of § 16-98-304 .

(2) In accordance with §§ 5-4-907 , 16-10-701 , 16-98-304 , 16-100-209 , and 16-101-104 , the circuit court to which the specialty court program participant's case is transferred may assess and collect: (A) Treatment costs; (B) Drug testing costs; (C) A local specialty court program user fee; (D) Necessary supervision fees, including any applicable residential treatment fees; (E) A fee determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) that is to be paid to the Division of Community Correction; (F) Global Positioning System monitoring costs; (G) Continuous alcohol monitoring fees; (H) Tuition and other educational fees for a vocational school, technical school, community college, or two-year or four-year public university that is part of the pre-adjudication probation program in which the specialty court program participant is participating; and (I) A specialty court program public defender user fee.

(A) Treatment costs;

(B) Drug testing costs;

(C) A local specialty court program user fee;

(D) Necessary supervision fees, including any applicable residential treatment fees;

(E) A fee determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) that is to be paid to the Division of Community Correction;

(F) Global Positioning System monitoring costs;

(G) Continuous alcohol monitoring fees;

(H) Tuition and other educational fees for a vocational school, technical school, community college, or two-year or four-year public university that is part of the pre-adjudication probation program in which the specialty court program participant is participating; and

(I) A specialty court program public defender user fee.

Amended by Act 2021, No. 58,§ 1, eff. 7/28/2021.

Added by Act 2015, No. 895,§ 15, eff. 4/1/2015.
Ark. Code Ann. § 16-10-308 — AR Code / Title 16 / Chapter 10 / Subchapter 3 / Section 16-10-308
City administration of justice fund
Status: in_force

(a) (1) There is hereby created in each town or city which operates a district court a fund in the office of the city treasurer to be known as the "city administration of justice fund". (2) (A) A town or city operating a city court that becomes a department of district court shall continue to maintain the city administration of justice fund as originally established by this section. (B) The city administration of justice fund of any town or city shall cease to exist on and after the effective date of the ordinance that abolishes the department of district court for that town or city pursuant to state law. (b) The city administration of justice fund shall be used to defray a part of the expense of the administration of justice in the town or city. From the fund, the town or city shall continue to finance the following town or city 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 town or city from court costs and filing fees 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, to the agency or program for the calendar year ending December 31, 1995: (1) The municipal court judge and clerk retirement fund for disbursement as otherwise provided by law; (2) The police and fire pension fund; (3) The intoxication detection equipment fund; (4) All municipal-level programs and agencies funded in whole or in part by court costs and filing fees assessed and collected by the district court, notwithstanding the repeal by this act of laws authorizing the collection of court costs and filing fees; and (5) All county-level programs and agencies funded in whole or in part by court costs and filing fees assessed and collected by the district court, notwithstanding the repeal by this act of laws authorizing the collection of court costs and filing fees and the disbursement of all or a part thereof to the county. (c) (1) (A) The city administration of justice fund of each town or city may retain an amount equal to the amount which was collected by the town or city from court costs and filing fees for city 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, for city or 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 town or city as having been collected during calendar year 1994 for the purpose of funding the office and operation of the public defender and public defender investigator. (d) Nothing in this act shall prevent the town or city from funding any additional costs for the administration of justice from other town or city funds. (e) The town or city 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 § 16-17-705 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,§ 8, eff. 3/6/2013. Acts 1995, No. 1256, §§ 11, 13; 1997, No. 788, § 8; 1997, No. 1341, § 8; 2001, No. 1611, § 2; 2003, No. 1185, §§ 52, 53; 2005, No. 1934, § 4; 2005, No. 2212, § 2; 2007, No. 177, § 3; 2007, No. 663, § 27.

(a) (1) There is hereby created in each town or city which operates a district court a fund in the office of the city treasurer to be known as the "city administration of justice fund". (2) (A) A town or city operating a city court that becomes a department of district court shall continue to maintain the city administration of justice fund as originally established by this section. (B) The city administration of justice fund of any town or city shall cease to exist on and after the effective date of the ordinance that abolishes the department of district court for that town or city pursuant to state law.

(1) There is hereby created in each town or city which operates a district court a fund in the office of the city treasurer to be known as the "city administration of justice fund".

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

(A) A town or city operating a city court that becomes a department of district court shall continue to maintain the city administration of justice fund as originally established by this section.

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

(b) The city administration of justice fund shall be used to defray a part of the expense of the administration of justice in the town or city. From the fund, the town or city shall continue to finance the following town or city 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 town or city from court costs and filing fees 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, to the agency or program for the calendar year ending December 31, 1995: (1) The municipal court judge and clerk retirement fund for disbursement as otherwise provided by law; (2) The police and fire pension fund; (3) The intoxication detection equipment fund; (4) All municipal-level programs and agencies funded in whole or in part by court costs and filing fees assessed and collected by the district court, notwithstanding the repeal by this act of laws authorizing the collection of court costs and filing fees; and (5) All county-level programs and agencies funded in whole or in part by court costs and filing fees assessed and collected by the district court, notwithstanding the repeal by this act of laws authorizing the collection of court costs and filing fees and the disbursement of all or a part thereof to the county.

(1) The municipal court judge and clerk retirement fund for disbursement as otherwise provided by law;

(2) The police and fire pension fund;

(3) The intoxication detection equipment fund;

(4) All municipal-level programs and agencies funded in whole or in part by court costs and filing fees assessed and collected by the district court, notwithstanding the repeal by this act of laws authorizing the collection of court costs and filing fees; and

(5) All county-level programs and agencies funded in whole or in part by court costs and filing fees assessed and collected by the district court, notwithstanding the repeal by this act of laws authorizing the collection of court costs and filing fees and the disbursement of all or a part thereof to the county.

(c) (1) (A) The city administration of justice fund of each town or city may retain an amount equal to the amount which was collected by the town or city from court costs and filing fees for city 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, for city or 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 town or city as having been collected during calendar year 1994 for the purpose of funding the office and operation of the public defender and public defender investigator.

(1) (A) The city administration of justice fund of each town or city may retain an amount equal to the amount which was collected by the town or city from court costs and filing fees for city 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, for city or 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 city administration of justice fund of each town or city may retain an amount equal to the amount which was collected by the town or city from court costs and filing fees for city 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, for city or 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 town or city as having been collected during calendar year 1994 for the purpose of funding the office and operation of the public defender and public defender investigator.

(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 town or city as having been collected during calendar year 1994 for the purpose of funding the office and operation of the public defender and public defender investigator.

(d) Nothing in this act shall prevent the town or city from funding any additional costs for the administration of justice from other town or city funds.

(e) The town or city 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 § 16-17-705 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,§ 8, eff. 3/6/2013.

Acts 1995, No. 1256, §§ 11, 13; 1997, No. 788, § 8; 1997, No. 1341, § 8; 2001, No. 1611, § 2; 2003, No. 1185, §§ 52, 53; 2005, No. 1934, § 4; 2005, No. 2212, § 2; 2007, No. 177, § 3; 2007, No. 663, § 27.
Ark. Code Ann. § 16-123-201 — AR Code / Title 16 / Chapter 123 / Subchapter 2 / Section 16-123-201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Fair Housing Act". Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.

This subchapter shall be known and may be cited as the "Arkansas Fair Housing Act".

Acts 1995, No. 1129, § 1; 1995, No. 1327, § 1.
Ark. Code Ann. § 16-93-618 — AR Code / Title 16 / Chapter 93 / Subchapter 6 / Section 16-93-618
Parole eligibility - Certain Class Y felony offenses and certain methamphetamine offenses - Seventy-percent crimes
Status: in_force

(a) (1) Notwithstanding any law allowing the award of meritorious good time or any other law to the contrary, and subject to provisions requiring that an offender serve a greater percentage of his or her sentence in § 16-93-609 or delayed release under § 5-4-405 , a person who is found guilty of or pleads guilty or nolo contendere to subdivisions (a)(1)(A)-(I) of this section for an offense committed before January 1, 2025, shall not be eligible for parole or community correction transfer, except as provided in subdivision (a)(3) of this section or subsection (c) of this section, until the person serves seventy percent (70%) of the term of imprisonment to which the person is sentenced, including a sentence prescribed under § 5-4-501 : (A) Murder in the first degree, § 5-10-102 ; (B) Kidnapping, Class Y felony, § 5-11-102 ; (C) Aggravated robbery, § 5-12-103 ; (D) Rape, § 5-14-103 , unless the person was sentenced to life without the possibility of parole; (E) Trafficking of persons, Class Y felony, § 5-18-103 , unless the person was sentenced to life without the possibility of parole; (F) Causing a catastrophe, § 5-38-202(a) ; (G) Manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 ; (H) Trafficking methamphetamine, § 5-64-440(b)(1) ; or (I) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) . (2) (A) The seventy-percent provision of subdivision (a)(1) of this section has no application to any person who is found guilty of or pleads guilty or nolo contendere to kidnapping, Class B felony, § 5-11-102 , regardless of the date of the offense. (B) The provisions of this section shall apply retroactively to all persons presently serving a sentence for kidnapping, Class B felony, § 5-11-102 . (3) (A) (i) Regardless of the date of the offense, the seventy-percent provision under subdivision (a)(1) of this section shall include credit for the award of meritorious good time under § 12-29-201 to any person who is found guilty of or pleads guilty or nolo contendere to: (a) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 ; (b) Trafficking methamphetamine, § 5-64-440(b)(1) ; or (c) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) . (ii) Regardless of the date of the offense and unless the person is sentenced to a term of life imprisonment, the seventy-percent provision under subdivision (a)(1) of this section may include credit for the award of meritorious good time under § 12-29-202 to any person who is found guilty of or pleads guilty or nolo contendere to: (a) Manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 ; (b) Trafficking methamphetamine, § 5-64-440(b)(1) ; or (c) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) . (B) In no event shall the time served by any person who is found guilty of or pleads guilty or nolo contendere to manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 , trafficking methamphetamine, § 5-64-440(b)(1) , or possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443(b) , be reduced to less than fifty percent (50%) of the person's original sentence. (4) (A) When any person sentenced under subdivision (a)(3) of this section becomes eligible for parole, the Division of Community Correction shall send a notice of the parole hearing to the prosecuting attorney of the judicial district or districts in which the person was found guilty or pleaded guilty or nolo contendere to an offense listed in subdivision (a)(1) of this section. (B) The notice shall contain the following language in 12-point capital letters, bold type: "INMATE SENTENCED UNDER ARKANSAS CODE § 16-93-618 ". (b) A jury may be instructed under § 16-97-103 regarding the awarding of meritorious good time under subdivision (a)(3) of this section. (c) The sentencing judge, in his or her discretion, may waive subsection (a) of this section under the following circumstances: (1) The defendant was a juvenile at the time of the offense; (2) The juvenile was merely an accomplice to the offense; and (3) The offense occurred on or after July 28, 1995. (d) The awarding of meritorious good time under § 12-29-201 or § 12-29-202 does not apply to persons sentenced under subdivisions (a)(1)(A)-(E) of this section. (e) A person who commits the offense of possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443(b) , after July 27, 2011, shall not be subject to the provisions of this section. (f) Except as provided for under § 16-93-621 , for an offense committed before, on, or after March 20, 2017, a person who was a minor at the time of committing an offense listed under subsection (a) of this section is eligible for release on parole under this section. Amended by Act 2023, No. 659,§ 193, eff. 1/1/2024. Amended by Act 2021, No. 1102,§ 9, eff. 7/28/2021. Amended by Act 2021, No. 681,§ 7, eff. 7/28/2021. Amended by Act 2017, No. 1029,§ 3, eff. 4/6/2017. Amended by Act 2017, No. 539,§ 12, eff. 3/20/2017. Amended by Act 2013, No. 1335,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 133,§ 7, eff. 8/16/2013. Amended by Act 2013, No. 132,§ 7, eff. 8/16/2013. Acts 2011, No. 570, § 103.

(a) (1) Notwithstanding any law allowing the award of meritorious good time or any other law to the contrary, and subject to provisions requiring that an offender serve a greater percentage of his or her sentence in § 16-93-609 or delayed release under § 5-4-405 , a person who is found guilty of or pleads guilty or nolo contendere to subdivisions (a)(1)(A)-(I) of this section for an offense committed before January 1, 2025, shall not be eligible for parole or community correction transfer, except as provided in subdivision (a)(3) of this section or subsection (c) of this section, until the person serves seventy percent (70%) of the term of imprisonment to which the person is sentenced, including a sentence prescribed under § 5-4-501 : (A) Murder in the first degree, § 5-10-102 ; (B) Kidnapping, Class Y felony, § 5-11-102 ; (C) Aggravated robbery, § 5-12-103 ; (D) Rape, § 5-14-103 , unless the person was sentenced to life without the possibility of parole; (E) Trafficking of persons, Class Y felony, § 5-18-103 , unless the person was sentenced to life without the possibility of parole; (F) Causing a catastrophe, § 5-38-202(a) ; (G) Manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 ; (H) Trafficking methamphetamine, § 5-64-440(b)(1) ; or (I) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) . (2) (A) The seventy-percent provision of subdivision (a)(1) of this section has no application to any person who is found guilty of or pleads guilty or nolo contendere to kidnapping, Class B felony, § 5-11-102 , regardless of the date of the offense. (B) The provisions of this section shall apply retroactively to all persons presently serving a sentence for kidnapping, Class B felony, § 5-11-102 . (3) (A) (i) Regardless of the date of the offense, the seventy-percent provision under subdivision (a)(1) of this section shall include credit for the award of meritorious good time under § 12-29-201 to any person who is found guilty of or pleads guilty or nolo contendere to: (a) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 ; (b) Trafficking methamphetamine, § 5-64-440(b)(1) ; or (c) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) . (ii) Regardless of the date of the offense and unless the person is sentenced to a term of life imprisonment, the seventy-percent provision under subdivision (a)(1) of this section may include credit for the award of meritorious good time under § 12-29-202 to any person who is found guilty of or pleads guilty or nolo contendere to: (a) Manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 ; (b) Trafficking methamphetamine, § 5-64-440(b)(1) ; or (c) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) . (B) In no event shall the time served by any person who is found guilty of or pleads guilty or nolo contendere to manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 , trafficking methamphetamine, § 5-64-440(b)(1) , or possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443(b) , be reduced to less than fifty percent (50%) of the person's original sentence. (4) (A) When any person sentenced under subdivision (a)(3) of this section becomes eligible for parole, the Division of Community Correction shall send a notice of the parole hearing to the prosecuting attorney of the judicial district or districts in which the person was found guilty or pleaded guilty or nolo contendere to an offense listed in subdivision (a)(1) of this section. (B) The notice shall contain the following language in 12-point capital letters, bold type: "INMATE SENTENCED UNDER ARKANSAS CODE § 16-93-618 ".

(1) Notwithstanding any law allowing the award of meritorious good time or any other law to the contrary, and subject to provisions requiring that an offender serve a greater percentage of his or her sentence in § 16-93-609 or delayed release under § 5-4-405 , a person who is found guilty of or pleads guilty or nolo contendere to subdivisions (a)(1)(A)-(I) of this section for an offense committed before January 1, 2025, shall not be eligible for parole or community correction transfer, except as provided in subdivision (a)(3) of this section or subsection (c) of this section, until the person serves seventy percent (70%) of the term of imprisonment to which the person is sentenced, including a sentence prescribed under § 5-4-501 : (A) Murder in the first degree, § 5-10-102 ; (B) Kidnapping, Class Y felony, § 5-11-102 ; (C) Aggravated robbery, § 5-12-103 ; (D) Rape, § 5-14-103 , unless the person was sentenced to life without the possibility of parole; (E) Trafficking of persons, Class Y felony, § 5-18-103 , unless the person was sentenced to life without the possibility of parole; (F) Causing a catastrophe, § 5-38-202(a) ; (G) Manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 ; (H) Trafficking methamphetamine, § 5-64-440(b)(1) ; or (I) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) .

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

(B) Kidnapping, Class Y felony, § 5-11-102 ;

(C) Aggravated robbery, § 5-12-103 ;

(D) Rape, § 5-14-103 , unless the person was sentenced to life without the possibility of parole;

(E) Trafficking of persons, Class Y felony, § 5-18-103 , unless the person was sentenced to life without the possibility of parole;

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

(G) Manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 ;

(H) Trafficking methamphetamine, § 5-64-440(b)(1) ; or

(I) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) .

(2) (A) The seventy-percent provision of subdivision (a)(1) of this section has no application to any person who is found guilty of or pleads guilty or nolo contendere to kidnapping, Class B felony, § 5-11-102 , regardless of the date of the offense. (B) The provisions of this section shall apply retroactively to all persons presently serving a sentence for kidnapping, Class B felony, § 5-11-102 .

(A) The seventy-percent provision of subdivision (a)(1) of this section has no application to any person who is found guilty of or pleads guilty or nolo contendere to kidnapping, Class B felony, § 5-11-102 , regardless of the date of the offense.

(B) The provisions of this section shall apply retroactively to all persons presently serving a sentence for kidnapping, Class B felony, § 5-11-102 .

(3) (A) (i) Regardless of the date of the offense, the seventy-percent provision under subdivision (a)(1) of this section shall include credit for the award of meritorious good time under § 12-29-201 to any person who is found guilty of or pleads guilty or nolo contendere to: (a) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 ; (b) Trafficking methamphetamine, § 5-64-440(b)(1) ; or (c) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) . (ii) Regardless of the date of the offense and unless the person is sentenced to a term of life imprisonment, the seventy-percent provision under subdivision (a)(1) of this section may include credit for the award of meritorious good time under § 12-29-202 to any person who is found guilty of or pleads guilty or nolo contendere to: (a) Manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 ; (b) Trafficking methamphetamine, § 5-64-440(b)(1) ; or (c) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) . (B) In no event shall the time served by any person who is found guilty of or pleads guilty or nolo contendere to manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 , trafficking methamphetamine, § 5-64-440(b)(1) , or possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443(b) , be reduced to less than fifty percent (50%) of the person's original sentence.

(A) (i) Regardless of the date of the offense, the seventy-percent provision under subdivision (a)(1) of this section shall include credit for the award of meritorious good time under § 12-29-201 to any person who is found guilty of or pleads guilty or nolo contendere to: (a) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 ; (b) Trafficking methamphetamine, § 5-64-440(b)(1) ; or (c) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) . (ii) Regardless of the date of the offense and unless the person is sentenced to a term of life imprisonment, the seventy-percent provision under subdivision (a)(1) of this section may include credit for the award of meritorious good time under § 12-29-202 to any person who is found guilty of or pleads guilty or nolo contendere to: (a) Manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 ; (b) Trafficking methamphetamine, § 5-64-440(b)(1) ; or (c) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) .

(i) Regardless of the date of the offense, the seventy-percent provision under subdivision (a)(1) of this section shall include credit for the award of meritorious good time under § 12-29-201 to any person who is found guilty of or pleads guilty or nolo contendere to: (a) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 ; (b) Trafficking methamphetamine, § 5-64-440(b)(1) ; or (c) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) .

(a) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 ;

(b) Trafficking methamphetamine, § 5-64-440(b)(1) ; or

(c) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) .

(ii) Regardless of the date of the offense and unless the person is sentenced to a term of life imprisonment, the seventy-percent provision under subdivision (a)(1) of this section may include credit for the award of meritorious good time under § 12-29-202 to any person who is found guilty of or pleads guilty or nolo contendere to: (a) Manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 ; (b) Trafficking methamphetamine, § 5-64-440(b)(1) ; or (c) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) .

(a) Manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 ;

(b) Trafficking methamphetamine, § 5-64-440(b)(1) ; or

(c) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5) .

(B) In no event shall the time served by any person who is found guilty of or pleads guilty or nolo contendere to manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401 , trafficking methamphetamine, § 5-64-440(b)(1) , or possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443(b) , be reduced to less than fifty percent (50%) of the person's original sentence.

(4) (A) When any person sentenced under subdivision (a)(3) of this section becomes eligible for parole, the Division of Community Correction shall send a notice of the parole hearing to the prosecuting attorney of the judicial district or districts in which the person was found guilty or pleaded guilty or nolo contendere to an offense listed in subdivision (a)(1) of this section. (B) The notice shall contain the following language in 12-point capital letters, bold type: "INMATE SENTENCED UNDER ARKANSAS CODE § 16-93-618 ".

(A) When any person sentenced under subdivision (a)(3) of this section becomes eligible for parole, the Division of Community Correction shall send a notice of the parole hearing to the prosecuting attorney of the judicial district or districts in which the person was found guilty or pleaded guilty or nolo contendere to an offense listed in subdivision (a)(1) of this section.

(B) The notice shall contain the following language in 12-point capital letters, bold type: "INMATE SENTENCED UNDER ARKANSAS CODE § 16-93-618 ".

(b) A jury may be instructed under § 16-97-103 regarding the awarding of meritorious good time under subdivision (a)(3) of this section.

(c) The sentencing judge, in his or her discretion, may waive subsection (a) of this section under the following circumstances: (1) The defendant was a juvenile at the time of the offense; (2) The juvenile was merely an accomplice to the offense; and (3) The offense occurred on or after July 28, 1995.

(1) The defendant was a juvenile at the time of the offense;

(2) The juvenile was merely an accomplice to the offense; and

(3) The offense occurred on or after July 28, 1995.

(d) The awarding of meritorious good time under § 12-29-201 or § 12-29-202 does not apply to persons sentenced under subdivisions (a)(1)(A)-(E) of this section.

(e) A person who commits the offense of possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443(b) , after July 27, 2011, shall not be subject to the provisions of this section.

(f) Except as provided for under § 16-93-621 , for an offense committed before, on, or after March 20, 2017, a person who was a minor at the time of committing an offense listed under subsection (a) of this section is eligible for release on parole under this section.

Amended by Act 2023, No. 659,§ 193, eff. 1/1/2024.

Amended by Act 2021, No. 1102,§ 9, eff. 7/28/2021.

Amended by Act 2021, No. 681,§ 7, eff. 7/28/2021.

Amended by Act 2017, No. 1029,§ 3, eff. 4/6/2017.

Amended by Act 2017, No. 539,§ 12, eff. 3/20/2017.

Amended by Act 2013, No. 1335,§ 4, eff. 8/16/2013.

Amended by Act 2013, No. 133,§ 7, eff. 8/16/2013.

Amended by Act 2013, No. 132,§ 7, eff. 8/16/2013.

Acts 2011, No. 570, § 103.
Ark. Code Ann. § 16-22-407 — AR Code / Title 16 / Chapter 22 / Subchapter 4 / Section 16-22-407
Limitation of proceedings
Status: in_force

If the charges are for an indictable offense and no indictment is found or, if found, is not prosecuted to trial within six (6) months, the suspension shall be discontinued unless the delay is produced by the absence or the procurement of the accused, in which case the suspension may continue until the final decision. Rev. Stat., ch. 15, § 20; C. & M. Dig., § 618; Pope's Dig., § 658; A.S.A. 1947, § 25-409.

If the charges are for an indictable offense and no indictment is found or, if found, is not prosecuted to trial within six (6) months, the suspension shall be discontinued unless the delay is produced by the absence or the procurement of the accused, in which case the suspension may continue until the final decision.

Rev. Stat., ch. 15, § 20; C. & M. Dig., § 618; Pope's Dig., § 658; A.S.A. 1947, § 25-409.
Ark. Code Ann. § 16-88-213 — AR Code / Title 16 / Chapter 88 / Subchapter 2 / Section 16-88-213
Liability of initial county for costs of trial
Status: in_force

(a) Whenever a change of venue is taken in any cause from one county to another as provided by law, the county from which the change of venue is taken shall be liable for all costs for which counties are liable under existing laws, and the county to which the change of venue is taken and where the cause is tried shall not be liable for any cost. (b) (1) It shall be the duty of the clerk of the court trying any cause, immediately after the trial of the cause, to make out a statement of all costs accrued in the cause and for which counties are liable under existing laws. (2) The statement of costs, if correct, shall be so certified by the judge of the court trying the cause. The clerk shall thereupon transmit the statement to the county clerk of the county in which the case originated, and the costs shall be allowed and paid by the county to the party entitled to the costs. (c) (1) The court trying any cause or causes on change of venue shall also enter an order on the record of the court at the close of the term of the court allowing the county in which the cause or causes have been tried the amount of per diem of the trial jury engaged in the trial in any or all of the causes and sheriffs during the trials. It shall be the duty of the court in making the order to take into consideration parts of a day. (2) A copy of the order certified by the court shall be certified to the county clerk of the county where the cause or causes originated, and it shall be allowed and paid to the county trying the cause or causes by the county where the cause or causes originated. Acts 1893, No. 65, §§ 1-3, p. 100; C. & M. Dig., §§ 3102-3104; Pope's Dig., §§ 3932-3934; A.S.A. 1947, §§ 43-1519 -- 43-1521.

(a) Whenever a change of venue is taken in any cause from one county to another as provided by law, the county from which the change of venue is taken shall be liable for all costs for which counties are liable under existing laws, and the county to which the change of venue is taken and where the cause is tried shall not be liable for any cost.

(b) (1) It shall be the duty of the clerk of the court trying any cause, immediately after the trial of the cause, to make out a statement of all costs accrued in the cause and for which counties are liable under existing laws. (2) The statement of costs, if correct, shall be so certified by the judge of the court trying the cause. The clerk shall thereupon transmit the statement to the county clerk of the county in which the case originated, and the costs shall be allowed and paid by the county to the party entitled to the costs.

(1) It shall be the duty of the clerk of the court trying any cause, immediately after the trial of the cause, to make out a statement of all costs accrued in the cause and for which counties are liable under existing laws.

(2) The statement of costs, if correct, shall be so certified by the judge of the court trying the cause. The clerk shall thereupon transmit the statement to the county clerk of the county in which the case originated, and the costs shall be allowed and paid by the county to the party entitled to the costs.

(c) (1) The court trying any cause or causes on change of venue shall also enter an order on the record of the court at the close of the term of the court allowing the county in which the cause or causes have been tried the amount of per diem of the trial jury engaged in the trial in any or all of the causes and sheriffs during the trials. It shall be the duty of the court in making the order to take into consideration parts of a day. (2) A copy of the order certified by the court shall be certified to the county clerk of the county where the cause or causes originated, and it shall be allowed and paid to the county trying the cause or causes by the county where the cause or causes originated.

(1) The court trying any cause or causes on change of venue shall also enter an order on the record of the court at the close of the term of the court allowing the county in which the cause or causes have been tried the amount of per diem of the trial jury engaged in the trial in any or all of the causes and sheriffs during the trials. It shall be the duty of the court in making the order to take into consideration parts of a day.

(2) A copy of the order certified by the court shall be certified to the county clerk of the county where the cause or causes originated, and it shall be allowed and paid to the county trying the cause or causes by the county where the cause or causes originated.

Acts 1893, No. 65, §§ 1-3, p. 100; C. & M. Dig., §§ 3102-3104; Pope's Dig., §§ 3932-3934; A.S.A. 1947, §§ 43-1519 -- 43-1521.
Ark. Code Ann. § 16-17-1101 — AR Code / Title 16 / Chapter 17 / Subchapter 11 / Section 16-17-1101
Legislative findings
Status: in_force

The General Assembly finds that: (1) The goal expressed by Arkansas citizens with the adoption of Amendment 80 to the Arkansas Constitution was the creation of a three-tiered unified court system; (2) The current structure of limited jurisdiction courts consists of a combination of full-time and part-time district and city courts funded by city and county governments; (3) Based on availability of local resources, the cumulative effect of the creation and funding of those courts by local governments has been an unequal level of access to and an inequitable distribution of judicial services to communities; (4) While Amendment 80 to the Arkansas Constitution does not require the state to fund the district court system, there is a state interest in providing a more uniform level of judicial resources to all citizens of the state; (5) Because the current system of limited jurisdiction courts is not uniform, it is contrary to the interest of the state to merely shift the funding of the system from local government to state government without addressing the structure of the district court system; (6) A way of addressing the shortage of resources for circuit courts in some areas of the state is the expansion of the jurisdiction of the district court which will shift cases from circuit court to district court and reduce expenses for the state; (7) A state-funded system should include an analysis by the state that furthers the goal of a unified and equitable system for the delivery of judicial services; (8) The District Court Resource Assessment Board, created in § 16-17-1001 et seq., has studied the effectiveness of the state's creation of pilot district courts and found that they are successful in creating a more uniform and equitable judicial system, reducing the number of district and city court judges, maintaining the level of service to the communities served by district and city courts, allowing the shift of cases from circuit to district courts, decreasing the number of conflicts requiring the appointment of special judges, and improving public access to the court system; (9) The state should continue the incremental creation of state district courts served by full-time judges and designate geographic districts that have sufficient caseloads to justify a full-time judge until the system is implemented and operating statewide on January 1, 2017; and (10) For purposes of the program, cities and counties should keep one hundred percent (100%) of all their current revenue from fines and costs with the exception of the adjustment from the cost-sharing formula. Acts 2007, No. 663, § 2; 2011, No. 1219, § 1.

The General Assembly finds that:

(1) The goal expressed by Arkansas citizens with the adoption of Amendment 80 to the Arkansas Constitution was the creation of a three-tiered unified court system;

(2) The current structure of limited jurisdiction courts consists of a combination of full-time and part-time district and city courts funded by city and county governments;

(3) Based on availability of local resources, the cumulative effect of the creation and funding of those courts by local governments has been an unequal level of access to and an inequitable distribution of judicial services to communities;

(4) While Amendment 80 to the Arkansas Constitution does not require the state to fund the district court system, there is a state interest in providing a more uniform level of judicial resources to all citizens of the state;

(5) Because the current system of limited jurisdiction courts is not uniform, it is contrary to the interest of the state to merely shift the funding of the system from local government to state government without addressing the structure of the district court system;

(6) A way of addressing the shortage of resources for circuit courts in some areas of the state is the expansion of the jurisdiction of the district court which will shift cases from circuit court to district court and reduce expenses for the state;

(7) A state-funded system should include an analysis by the state that furthers the goal of a unified and equitable system for the delivery of judicial services;

(8) The District Court Resource Assessment Board, created in § 16-17-1001 et seq., has studied the effectiveness of the state's creation of pilot district courts and found that they are successful in creating a more uniform and equitable judicial system, reducing the number of district and city court judges, maintaining the level of service to the communities served by district and city courts, allowing the shift of cases from circuit to district courts, decreasing the number of conflicts requiring the appointment of special judges, and improving public access to the court system;

(9) The state should continue the incremental creation of state district courts served by full-time judges and designate geographic districts that have sufficient caseloads to justify a full-time judge until the system is implemented and operating statewide on January 1, 2017; and

(10) For purposes of the program, cities and counties should keep one hundred percent (100%) of all their current revenue from fines and costs with the exception of the adjustment from the cost-sharing formula.

Acts 2007, No. 663, § 2; 2011, No. 1219, § 1.
Ark. Code Ann. § 16-61-107 — AR Code / Title 16 / Chapter 61 / Subchapter 1 / Section 16-61-107
Insanity during pendency of action - Guardian joined
Status: in_force

Where a party is judicially found to be of unsound mind during the pendency of an action, the fact being stated on the record: (1) If he or she is the plaintiff, his or her guardian may be joined with him or her in the action as such; (2) If he or she is the defendant, the plaintiff may, upon ten (10) days' notice thereof to his or her guardian, have an order making the guardian a defendant also. Civil Code, § 55; C. & M. Dig., § 1120; Pope's Dig., § 1336; A.S.A. 1947, § 27-832.

Where a party is judicially found to be of unsound mind during the pendency of an action, the fact being stated on the record:

(1) If he or she is the plaintiff, his or her guardian may be joined with him or her in the action as such;

(2) If he or she is the defendant, the plaintiff may, upon ten (10) days' notice thereof to his or her guardian, have an order making the guardian a defendant also.

Civil Code, § 55; C. & M. Dig., § 1120; Pope's Dig., § 1336; A.S.A. 1947, § 27-832.
Ark. Code Ann. § 16-21-147 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-147
Powers of deputy prosecuting attorney - Disposition of federal forfeiture funds
Status: in_force

(a) A deputy prosecuting attorney who is duly appointed in any county of a judicial district shall, with the prosecuting attorney's consent, have the authority to perform all official acts as a deputy prosecuting attorney in all counties within the district. (b) (1) A prosecuting attorney and those deputy prosecuting attorneys and other staff members he or she designates shall be considered law enforcement officers for the purposes of utilizing emergency, protective, and communication equipment in coordination with interagency cooperative investigations and operations. (2) However, the prosecuting attorney and all members of his or her office shall have no greater arrest powers than those accorded all citizens under the Arkansas Constitution and the Arkansas Code. (3) A prosecuting attorney and those deputy prosecuting attorneys designated by the prosecuting attorney may carry firearms. (4) A prosecuting attorney who elects to carry a firearm or authorize his or her deputy prosecuting attorneys to carry a firearm shall adopt a weapons policy and a use of force policy. (c) A prosecuting attorney shall have the power to appoint deputy prosecuting attorneys and other employees at such salaries as are authorized in the grant awards from the Department of Finance and Administration's Drug Law Enforcement Program, Anti-Drug Abuse Act of 1986, Pub. L. No. 99-570, as amended, or its successor. (d) All federal forfeitures to a prosecuting attorney's office shall be deposited in a separate account pursuant to § 5-64-505(i)(4) . Amended by Act 2013, No. 539,§ 4, eff. 3/28/2013. Acts 1993, No. 1306, § 4; 1999, No. 1120, § 7.

(a) A deputy prosecuting attorney who is duly appointed in any county of a judicial district shall, with the prosecuting attorney's consent, have the authority to perform all official acts as a deputy prosecuting attorney in all counties within the district.

(b) (1) A prosecuting attorney and those deputy prosecuting attorneys and other staff members he or she designates shall be considered law enforcement officers for the purposes of utilizing emergency, protective, and communication equipment in coordination with interagency cooperative investigations and operations. (2) However, the prosecuting attorney and all members of his or her office shall have no greater arrest powers than those accorded all citizens under the Arkansas Constitution and the Arkansas Code. (3) A prosecuting attorney and those deputy prosecuting attorneys designated by the prosecuting attorney may carry firearms. (4) A prosecuting attorney who elects to carry a firearm or authorize his or her deputy prosecuting attorneys to carry a firearm shall adopt a weapons policy and a use of force policy.

(1) A prosecuting attorney and those deputy prosecuting attorneys and other staff members he or she designates shall be considered law enforcement officers for the purposes of utilizing emergency, protective, and communication equipment in coordination with interagency cooperative investigations and operations.

(2) However, the prosecuting attorney and all members of his or her office shall have no greater arrest powers than those accorded all citizens under the Arkansas Constitution and the Arkansas Code.

(3) A prosecuting attorney and those deputy prosecuting attorneys designated by the prosecuting attorney may carry firearms.

(4) A prosecuting attorney who elects to carry a firearm or authorize his or her deputy prosecuting attorneys to carry a firearm shall adopt a weapons policy and a use of force policy.

(c) A prosecuting attorney shall have the power to appoint deputy prosecuting attorneys and other employees at such salaries as are authorized in the grant awards from the Department of Finance and Administration's Drug Law Enforcement Program, Anti-Drug Abuse Act of 1986, Pub. L. No. 99-570, as amended, or its successor.

(d) All federal forfeitures to a prosecuting attorney's office shall be deposited in a separate account pursuant to § 5-64-505(i)(4) .

Amended by Act 2013, No. 539,§ 4, eff. 3/28/2013.

Acts 1993, No. 1306, § 4; 1999, No. 1120, § 7.
Ark. Code Ann. § 16-98-306 — AR Code / Title 16 / Chapter 98 / Subchapter 3 / Section 16-98-306
Collection of data
Status: in_force

(a) (1) An approved drug court program shall collect and provide monthly data on drug court applicants and all participants as required by the Specialty Court Program Advisory Committee in accordance with the rules promulgated under § 10-3-2901 . (2) The data shall include: (A) The total number of applicants; (B) The total number of participants; (C) The total number of successful applicants; (D) The total number of successful participants; (E) The total number of unsuccessful participants and the reason why each unsuccessful participant did not complete the drug court program; (F) Information about what happened to each unsuccessful participant; (G) The total number of participants who were arrested for a new criminal offense while in the drug court program; (H) The total number of participants who were convicted of a new criminal offense while in the drug court program; (I) The total number of participants who committed a violation of one (1) or more conditions of the drug court program and the resulting sanction; (J) The results of the initial risk-needs assessment or other appropriate clinical assessment conducted on each participant; (K) The total amount of time each program participant was in the drug court program; and (L) Any other data or information as required by the Specialty Court Program Advisory Committee in accordance with the rules promulgated under § 10-3-2901 . (b) The data collected for evaluation purposes under subsection (a) of this section shall: (1) Include a minimum standard data set developed and specified by the Specialty Court Program Advisory Committee; and (2) Be maintained in the court files or be otherwise accessible by the courts and the Specialty Court Program Advisory Committee. (c) (1) As directed by the Specialty Court Program Advisory Committee, after an individual is discharged either upon completion or termination of a drug court program, the drug court program shall conduct, as much as practical, follow-up contacts with and reviews of former drug court participants for key outcome indicators of drug use, recidivism, and employment. (2) (A) The follow-up contacts with and reviews of former drug court participants shall be conducted as frequently and for a period of time as determined by the Specialty Court Program Advisory Committee based upon the nature of the drug court program and the nature of the participants. (B) The follow-up contacts with and reviews of former drug court participants are not extensions of the drug court's jurisdiction over the drug court participants. (d) For purposes of standardized measurement of success of drug court programs across the state, the Specialty Court Program Advisory Committee shall adopt an operational definition of terms such as "recidivism", "retention", "relapses", "restarts", "sanctions imposed", and "incentives given" to be used in any evaluation and report of drug court programs. (e) Each drug court program shall provide to the Specialty Court Program Advisory Committee all information requested by the Specialty Court Program Advisory Committee. (f) The Division of Drug Court Programs, the Division of Community Correction, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, and the Arkansas Crime Information Center shall work together to share and make available data to provide a comprehensive data management system for the state's drug court programs. (g) The Administrative Office of the Courts shall collect monthly data reports submitted by approved drug courts and provide the monthly data reports to the Specialty Court Program Advisory Committee. (h) The Specialty Court Program Advisory Committee shall: (1) Submit a report by July 1 of each year summarizing the data collected and outcomes achieved by all approved specialty courts; and (2) Contract with a third-party evaluator every five (5) years to conduct an evaluation on the effectiveness of the specialty court program in complying with the key components of § 16-98-302(b) . Amended by Act 2021, No. 58,§ 2, eff. 7/28/2021. Amended by Act 2017, No. 913,§ 46, eff. 8/1/2017. Amended by Act 2017, No. 253,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 895,§ 40, eff. 4/1/2015. Acts 2007, No. 1022, § 5; 2011, No. 570, § 116.

(a) (1) An approved drug court program shall collect and provide monthly data on drug court applicants and all participants as required by the Specialty Court Program Advisory Committee in accordance with the rules promulgated under § 10-3-2901 . (2) The data shall include: (A) The total number of applicants; (B) The total number of participants; (C) The total number of successful applicants; (D) The total number of successful participants; (E) The total number of unsuccessful participants and the reason why each unsuccessful participant did not complete the drug court program; (F) Information about what happened to each unsuccessful participant; (G) The total number of participants who were arrested for a new criminal offense while in the drug court program; (H) The total number of participants who were convicted of a new criminal offense while in the drug court program; (I) The total number of participants who committed a violation of one (1) or more conditions of the drug court program and the resulting sanction; (J) The results of the initial risk-needs assessment or other appropriate clinical assessment conducted on each participant; (K) The total amount of time each program participant was in the drug court program; and (L) Any other data or information as required by the Specialty Court Program Advisory Committee in accordance with the rules promulgated under § 10-3-2901 .

(1) An approved drug court program shall collect and provide monthly data on drug court applicants and all participants as required by the Specialty Court Program Advisory Committee in accordance with the rules promulgated under § 10-3-2901 .

(2) The data shall include: (A) The total number of applicants; (B) The total number of participants; (C) The total number of successful applicants; (D) The total number of successful participants; (E) The total number of unsuccessful participants and the reason why each unsuccessful participant did not complete the drug court program; (F) Information about what happened to each unsuccessful participant; (G) The total number of participants who were arrested for a new criminal offense while in the drug court program; (H) The total number of participants who were convicted of a new criminal offense while in the drug court program; (I) The total number of participants who committed a violation of one (1) or more conditions of the drug court program and the resulting sanction; (J) The results of the initial risk-needs assessment or other appropriate clinical assessment conducted on each participant; (K) The total amount of time each program participant was in the drug court program; and (L) Any other data or information as required by the Specialty Court Program Advisory Committee in accordance with the rules promulgated under § 10-3-2901 .

(A) The total number of applicants;

(B) The total number of participants;

(C) The total number of successful applicants;

(D) The total number of successful participants;

(E) The total number of unsuccessful participants and the reason why each unsuccessful participant did not complete the drug court program;

(F) Information about what happened to each unsuccessful participant;

(G) The total number of participants who were arrested for a new criminal offense while in the drug court program;

(H) The total number of participants who were convicted of a new criminal offense while in the drug court program;

(I) The total number of participants who committed a violation of one (1) or more conditions of the drug court program and the resulting sanction;

(J) The results of the initial risk-needs assessment or other appropriate clinical assessment conducted on each participant;

(K) The total amount of time each program participant was in the drug court program; and

(L) Any other data or information as required by the Specialty Court Program Advisory Committee in accordance with the rules promulgated under § 10-3-2901 .

(b) The data collected for evaluation purposes under subsection (a) of this section shall: (1) Include a minimum standard data set developed and specified by the Specialty Court Program Advisory Committee; and (2) Be maintained in the court files or be otherwise accessible by the courts and the Specialty Court Program Advisory Committee.

(1) Include a minimum standard data set developed and specified by the Specialty Court Program Advisory Committee; and

(2) Be maintained in the court files or be otherwise accessible by the courts and the Specialty Court Program Advisory Committee.

(c) (1) As directed by the Specialty Court Program Advisory Committee, after an individual is discharged either upon completion or termination of a drug court program, the drug court program shall conduct, as much as practical, follow-up contacts with and reviews of former drug court participants for key outcome indicators of drug use, recidivism, and employment. (2) (A) The follow-up contacts with and reviews of former drug court participants shall be conducted as frequently and for a period of time as determined by the Specialty Court Program Advisory Committee based upon the nature of the drug court program and the nature of the participants. (B) The follow-up contacts with and reviews of former drug court participants are not extensions of the drug court's jurisdiction over the drug court participants.

(1) As directed by the Specialty Court Program Advisory Committee, after an individual is discharged either upon completion or termination of a drug court program, the drug court program shall conduct, as much as practical, follow-up contacts with and reviews of former drug court participants for key outcome indicators of drug use, recidivism, and employment.

(2) (A) The follow-up contacts with and reviews of former drug court participants shall be conducted as frequently and for a period of time as determined by the Specialty Court Program Advisory Committee based upon the nature of the drug court program and the nature of the participants. (B) The follow-up contacts with and reviews of former drug court participants are not extensions of the drug court's jurisdiction over the drug court participants.

(A) The follow-up contacts with and reviews of former drug court participants shall be conducted as frequently and for a period of time as determined by the Specialty Court Program Advisory Committee based upon the nature of the drug court program and the nature of the participants.

(B) The follow-up contacts with and reviews of former drug court participants are not extensions of the drug court's jurisdiction over the drug court participants.

(d) For purposes of standardized measurement of success of drug court programs across the state, the Specialty Court Program Advisory Committee shall adopt an operational definition of terms such as "recidivism", "retention", "relapses", "restarts", "sanctions imposed", and "incentives given" to be used in any evaluation and report of drug court programs.

(e) Each drug court program shall provide to the Specialty Court Program Advisory Committee all information requested by the Specialty Court Program Advisory Committee.

(f) The Division of Drug Court Programs, the Division of Community Correction, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, and the Arkansas Crime Information Center shall work together to share and make available data to provide a comprehensive data management system for the state's drug court programs.

(g) The Administrative Office of the Courts shall collect monthly data reports submitted by approved drug courts and provide the monthly data reports to the Specialty Court Program Advisory Committee.

(h) The Specialty Court Program Advisory Committee shall: (1) Submit a report by July 1 of each year summarizing the data collected and outcomes achieved by all approved specialty courts; and (2) Contract with a third-party evaluator every five (5) years to conduct an evaluation on the effectiveness of the specialty court program in complying with the key components of § 16-98-302(b) .

(1) Submit a report by July 1 of each year summarizing the data collected and outcomes achieved by all approved specialty courts; and

(2) Contract with a third-party evaluator every five (5) years to conduct an evaluation on the effectiveness of the specialty court program in complying with the key components of § 16-98-302(b) .

Amended by Act 2021, No. 58,§ 2, eff. 7/28/2021.

Amended by Act 2017, No. 913,§ 46, eff. 8/1/2017.

Amended by Act 2017, No. 253,§ 2, eff. 8/1/2017.

Amended by Act 2015, No. 895,§ 40, eff. 4/1/2015.

Acts 2007, No. 1022, § 5; 2011, No. 570, § 116.
Ark. Code Ann. § 16-124-108 — AR Code / Title 16 / Chapter 124 / Section 16-124-108
Evidence of participation in the illegal drug market
Status: in_force

(a) (1) Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. (2) Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence. (b) (1) A person against whom recovery is sought who has a criminal conviction pursuant to state drug laws or the Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. No. 91-513, 21 U.S.C. § 801 et seq., is estopped from denying participation in the illegal drug market. (2) Such a conviction is also prima facie evidence of the participation of the person in the illegal drug market during the two (2) years preceding the date of an act giving rise to a conviction. (c) The absence of a criminal drug conviction of a person against whom recovery is sought does not bar an action against that person. Acts 1995, No. 896, § 10.

(a) (1) Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. (2) Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence.

(1) Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence.

(2) Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence.

(b) (1) A person against whom recovery is sought who has a criminal conviction pursuant to state drug laws or the Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. No. 91-513, 21 U.S.C. § 801 et seq., is estopped from denying participation in the illegal drug market. (2) Such a conviction is also prima facie evidence of the participation of the person in the illegal drug market during the two (2) years preceding the date of an act giving rise to a conviction.

(1) A person against whom recovery is sought who has a criminal conviction pursuant to state drug laws or the Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. No. 91-513, 21 U.S.C. § 801 et seq., is estopped from denying participation in the illegal drug market.

(2) Such a conviction is also prima facie evidence of the participation of the person in the illegal drug market during the two (2) years preceding the date of an act giving rise to a conviction.

(c) The absence of a criminal drug conviction of a person against whom recovery is sought does not bar an action against that person.

Acts 1995, No. 896, § 10.
Ark. Code Ann. § 16-60-105 — AR Code / Title 16 / Chapter 60 / Subchapter 1 / Section 16-60-105
Actions for medical injury
Status: in_force

A civil action for medical injury brought under § 16-114-201 et seq. against a medical care provider, as defined in § 16-114-201 , shall be filed in the county in which the alleged act or omission occurred. Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015. Acts 1935, No. 74, § 1; Pope's Dig., § 1385; A.S.A. 1947, § 27-609.

A civil action for medical injury brought under § 16-114-201 et seq. against a medical care provider, as defined in § 16-114-201 , shall be filed in the county in which the alleged act or omission occurred.

Amended by Act 2015, No. 830,§ 2, eff. 7/22/2015.

Acts 1935, No. 74, § 1; Pope's Dig., § 1385; A.S.A. 1947, § 27-609.
Ark. Code Ann. § 16-63-501 — AR Code / Title 16 / Chapter 63 / Subchapter 5 / Section 16-63-501
Title
Status: in_force

This subchapter shall be known as and may be cited as the "Citizen Participation in Government Act". Acts 2005, No. 1843, § 1.

This subchapter shall be known as and may be cited as the "Citizen Participation in Government Act".

Acts 2005, No. 1843, § 1.
Ark. Code Ann. § 16-21-1102 — AR Code / Title 16 / Chapter 21 / Subchapter 11 / Section 16-21-1102
Assistants and employees
Status: in_force

(a) The Prosecuting Attorney of the Sixth Judicial District shall be entitled to the following assistants and employees: (1) To be paid by the county in which they serve: (A) A minimum of thirty-five (35) deputy prosecuting attorneys, whose salaries shall be as follows: (i) One (1) chief deputy at not less than seventy thousand three hundred fifty-five dollars ($70,355); (ii) Three (3) senior deputies at not less than forty-five thousand seven hundred one dollars ($45,701); (iii) A minimum of seven (7) division chiefs at not less than forty thousand one hundred dollars ($40,100); (iv) A minimum of eight (8) staff attorneys at not less than thirty-five thousand two hundred dollars ($35,200); (v) A minimum of fourteen (14) staff attorneys at not less than thirty thousand nine hundred dollars ($30,900); and (vi) Two (2) trial attorneys at not less than forty thousand one hundred dollars ($40,100); (B) (i) A minimum of eight (8) investigators as follows: (a) One (1) chief investigator at not less than twenty-two thousand four hundred one dollars ($22,401); and (b) Seven (7) investigators at not less than twenty thousand seven hundred dollars ($20,700). (ii) In addition to the investigators listed in subdivision (a)(1)(B)(i) of this section by salary, the prosecuting attorney shall have the authority to appoint other investigators as necessary for the administration of justice who shall serve without pay. (iii) (a) All investigators authorized and so appointed shall have the authority to issue process, serve warrants, and possess all law enforcement officer powers. (b) They shall be certified by the Arkansas Commission on Law Enforcement Standards and Training and shall be defined as public safety members under Arkansas law. (c) In the event that investigators shall issue process or serve warrants, the prosecutor's office shall be entitled to receive the same fee as provided in § 21-6-307 , which shall be deposited into the hot check fees account; (C) A minimum of forty-three (43) support personnel whose salaries shall be as follows: (i) Two (2) lead case clerks at not less than sixteen thousand seven hundred dollars ($16,700); (ii) Twenty (20) case clerks at not less than fifteen thousand four hundred one dollars ($15,401); (iii) One (1) administrative coordinator at not less than thirty thousand nine hundred dollars ($30,900); (iv) One (1) budget administrator at not less than twenty-seven thousand one hundred dollars ($27,100); (v) (a) Two (2) executive secretaries who shall serve at the will of the prosecuting attorney. (b) The executive secretaries shall receive a salary of not less than seventeen thousand nine hundred ninety-nine dollars ($17,999); (vi) One (1) hot check administrator at not less than twenty-two thousand four hundred one dollars ($22,401); (vii) Three (3) hot check accounting clerks III at not less than seventeen thousand nine hundred ninety-nine dollars ($17,999); (viii) One (1) victim assistance program coordinator at not less than twenty-seven thousand one hundred dollars ($27,100); (ix) One (1) volunteer coordinator at not less than twenty-four thousand six hundred dollars ($24,600); (x) A minimum of seven (7) victim assistance case coordinators at not less than seventeen thousand nine hundred ninety-nine dollars ($17,999); (xi) One (1) systems analyst at not less than thirty-four thousand four hundred dollars ($34,400); (xii) Two (2) youth resource officers at not less than seventeen thousand nine hundred ninety-nine dollars ($17,999); and (xiii) One (1) precharging division supervisor at not less than twenty-three thousand six hundred fifty-three dollars ($23,653); (2) (A) One (1) part-time deputy prosecuting attorney whose duties shall be to represent the office of the Prosecuting Attorney of the Sixth Judicial District in all cases involving food stamp fraud and Aid to Families with Dependent Children fraud referred to the prosecuting attorney by the Department of Human Services and any other responsibilities that may be delegated to him by the prosecuting attorney. (B) The Prosecuting Attorney of the Sixth Judicial District shall contract with the Department of Human Services to determine the compensation of the deputy prosecuting attorney to be paid by the Department of Human Services. (C) The part-time deputy prosecuting attorney so appointed shall be permitted to engage in the private practice of law in the area of civil cases only. (D) At the discretion of the prosecuting attorney, this part-time deputy prosecuting attorney may be delegated other duties and made a full-time deputy prosecuting attorney and paid therefor from the existing appropriation for full-time deputy prosecuting attorneys; (3) Four (4) deputy prosecuting attorneys, to be paid by the Prosecutor Coordinator and not through quorum court appropriations, to handle criminal and civil commitments, including involuntary admissions and alcohol and narcotic commitments and insanity acquittees and other deputy prosecuting attorney duties as requested; (4) The prosecuting attorney may hire part-time, temporary, contract, or permanent paralegals, law clerks, or deputy prosecuting attorneys as authorized by the quorum court or provided for by law if deemed necessary for the proper administration of justice and for the efficient operation of the office of the Prosecuting Attorney of the Sixth Judicial District; (5) The prosecuting attorney shall have the power to appoint additional deputy prosecuting attorneys and other employees at such salaries as are authorized in grant awards from the Department of Finance and Administration, including, but not limited to, the federal Drug Law Enforcement Program Anti-Abuse Act of 1986, as amended, or its successor, or any other grant funds so awarded; and (6) In addition to the deputy prosecuting attorney positions created by this subchapter or any other Arkansas Code provisions, the Prosecuting Attorney of the Sixth Judicial District shall have the authority to contract at such salary or compensation amounts as may be available or appropriated by the quorum court for such legal services as are necessary, to include, but not be limited to, asset forfeiture actions. (b) (1) The prosecuting attorney shall have the power to appoint the assistants and employees authorized in subsection (a) of this section without confirmation of any court or tribunal. (2) Deputy prosecuting attorneys and other staff members so designated in this subchapter shall be considered law enforcement officers for all protective, emergency, investigative, and communication purposes, either individually or in coordination with interagency cooperative investigations and operations. (3) Deputy prosecuting attorneys duly appointed shall have such authority as conferred by the prosecuting attorney to perform any official acts so designated in all counties within the district. (4) (A) The Pulaski County Quorum Court shall annually appropriate funds sufficient to cover salaries, maintenance and operations expenditures, and capital outlay as required by the prosecuting attorney for the administration of justice. (B) All of the salaries shall be paid by Pulaski County. (C) When the Pulaski County Quorum Court raises salaries for Pulaski County employees, it shall also raise salaries an equivalent amount for the above employees. (D) Those employees covered by this subchapter shall be treated by Pulaski County in the same manner as other Pulaski County employees for all other purposes. Acts 1993, No. 997, § 2; 1995, No. 803, § 2; 1997, No. 522, § 1; 1999, No. 1234, § 1.

(a) The Prosecuting Attorney of the Sixth Judicial District shall be entitled to the following assistants and employees: (1) To be paid by the county in which they serve: (A) A minimum of thirty-five (35) deputy prosecuting attorneys, whose salaries shall be as follows: (i) One (1) chief deputy at not less than seventy thousand three hundred fifty-five dollars ($70,355); (ii) Three (3) senior deputies at not less than forty-five thousand seven hundred one dollars ($45,701); (iii) A minimum of seven (7) division chiefs at not less than forty thousand one hundred dollars ($40,100); (iv) A minimum of eight (8) staff attorneys at not less than thirty-five thousand two hundred dollars ($35,200); (v) A minimum of fourteen (14) staff attorneys at not less than thirty thousand nine hundred dollars ($30,900); and (vi) Two (2) trial attorneys at not less than forty thousand one hundred dollars ($40,100); (B) (i) A minimum of eight (8) investigators as follows: (a) One (1) chief investigator at not less than twenty-two thousand four hundred one dollars ($22,401); and (b) Seven (7) investigators at not less than twenty thousand seven hundred dollars ($20,700). (ii) In addition to the investigators listed in subdivision (a)(1)(B)(i) of this section by salary, the prosecuting attorney shall have the authority to appoint other investigators as necessary for the administration of justice who shall serve without pay. (iii) (a) All investigators authorized and so appointed shall have the authority to issue process, serve warrants, and possess all law enforcement officer powers. (b) They shall be certified by the Arkansas Commission on Law Enforcement Standards and Training and shall be defined as public safety members under Arkansas law. (c) In the event that investigators shall issue process or serve warrants, the prosecutor's office shall be entitled to receive the same fee as provided in § 21-6-307 , which shall be deposited into the hot check fees account; (C) A minimum of forty-three (43) support personnel whose salaries shall be as follows: (i) Two (2) lead case clerks at not less than sixteen thousand seven hundred dollars ($16,700); (ii) Twenty (20) case clerks at not less than fifteen thousand four hundred one dollars ($15,401); (iii) One (1) administrative coordinator at not less than thirty thousand nine hundred dollars ($30,900); (iv) One (1) budget administrator at not less than twenty-seven thousand one hundred dollars ($27,100); (v) (a) Two (2) executive secretaries who shall serve at the will of the prosecuting attorney. (b) The executive secretaries shall receive a salary of not less than seventeen thousand nine hundred ninety-nine dollars ($17,999); (vi) One (1) hot check administrator at not less than twenty-two thousand four hundred one dollars ($22,401); (vii) Three (3) hot check accounting clerks III at not less than seventeen thousand nine hundred ninety-nine dollars ($17,999); (viii) One (1) victim assistance program coordinator at not less than twenty-seven thousand one hundred dollars ($27,100); (ix) One (1) volunteer coordinator at not less than twenty-four thousand six hundred dollars ($24,600); (x) A minimum of seven (7) victim assistance case coordinators at not less than seventeen thousand nine hundred ninety-nine dollars ($17,999); (xi) One (1) systems analyst at not less than thirty-four thousand four hundred dollars ($34,400); (xii) Two (2) youth resource officers at not less than seventeen thousand nine hundred ninety-nine dollars ($17,999); and (xiii) One (1) precharging division supervisor at not less than twenty-three thousand six hundred fifty-three dollars ($23,653); (2) (A) One (1) part-time deputy prosecuting attorney whose duties shall be to represent the office of the Prosecuting Attorney of the Sixth Judicial District in all cases involving food stamp fraud and Aid to Families with Dependent Children fraud referred to the prosecuting attorney by the Department of Human Services and any other responsibilities that may be delegated to him by the prosecuting attorney. (B) The Prosecuting Attorney of the Sixth Judicial District shall contract with the Department of Human Services to determine the compensation of the deputy prosecuting attorney to be paid by the Department of Human Services. (C) The part-time deputy prosecuting attorney so appointed shall be permitted to engage in the private practice of law in the area of civil cases only. (D) At the discretion of the prosecuting attorney, this part-time deputy prosecuting attorney may be delegated other duties and made a full-time deputy prosecuting attorney and paid therefor from the existing appropriation for full-time deputy prosecuting attorneys; (3) Four (4) deputy prosecuting attorneys, to be paid by the Prosecutor Coordinator and not through quorum court appropriations, to handle criminal and civil commitments, including involuntary admissions and alcohol and narcotic commitments and insanity acquittees and other deputy prosecuting attorney duties as requested; (4) The prosecuting attorney may hire part-time, temporary, contract, or permanent paralegals, law clerks, or deputy prosecuting attorneys as authorized by the quorum court or provided for by law if deemed necessary for the proper administration of justice and for the efficient operation of the office of the Prosecuting Attorney of the Sixth Judicial District; (5) The prosecuting attorney shall have the power to appoint additional deputy prosecuting attorneys and other employees at such salaries as are authorized in grant awards from the Department of Finance and Administration, including, but not limited to, the federal Drug Law Enforcement Program Anti-Abuse Act of 1986, as amended, or its successor, or any other grant funds so awarded; and (6) In addition to the deputy prosecuting attorney positions created by this subchapter or any other Arkansas Code provisions, the Prosecuting Attorney of the Sixth Judicial District shall have the authority to contract at such salary or compensation amounts as may be available or appropriated by the quorum court for such legal services as are necessary, to include, but not be limited to, asset forfeiture actions.

(1) To be paid by the county in which they serve: (A) A minimum of thirty-five (35) deputy prosecuting attorneys, whose salaries shall be as follows: (i) One (1) chief deputy at not less than seventy thousand three hundred fifty-five dollars ($70,355); (ii) Three (3) senior deputies at not less than forty-five thousand seven hundred one dollars ($45,701); (iii) A minimum of seven (7) division chiefs at not less than forty thousand one hundred dollars ($40,100); (iv) A minimum of eight (8) staff attorneys at not less than thirty-five thousand two hundred dollars ($35,200); (v) A minimum of fourteen (14) staff attorneys at not less than thirty thousand nine hundred dollars ($30,900); and (vi) Two (2) trial attorneys at not less than forty thousand one hundred dollars ($40,100); (B) (i) A minimum of eight (8) investigators as follows: (a) One (1) chief investigator at not less than twenty-two thousand four hundred one dollars ($22,401); and (b) Seven (7) investigators at not less than twenty thousand seven hundred dollars ($20,700). (ii) In addition to the investigators listed in subdivision (a)(1)(B)(i) of this section by salary, the prosecuting attorney shall have the authority to appoint other investigators as necessary for the administration of justice who shall serve without pay. (iii) (a) All investigators authorized and so appointed shall have the authority to issue process, serve warrants, and possess all law enforcement officer powers. (b) They shall be certified by the Arkansas Commission on Law Enforcement Standards and Training and shall be defined as public safety members under Arkansas law. (c) In the event that investigators shall issue process or serve warrants, the prosecutor's office shall be entitled to receive the same fee as provided in § 21-6-307 , which shall be deposited into the hot check fees account; (C) A minimum of forty-three (43) support personnel whose salaries shall be as follows: (i) Two (2) lead case clerks at not less than sixteen thousand seven hundred dollars ($16,700); (ii) Twenty (20) case clerks at not less than fifteen thousand four hundred one dollars ($15,401); (iii) One (1) administrative coordinator at not less than thirty thousand nine hundred dollars ($30,900); (iv) One (1) budget administrator at not less than twenty-seven thousand one hundred dollars ($27,100); (v) (a) Two (2) executive secretaries who shall serve at the will of the prosecuting attorney. (b) The executive secretaries shall receive a salary of not less than seventeen thousand nine hundred ninety-nine dollars ($17,999); (vi) One (1) hot check administrator at not less than twenty-two thousand four hundred one dollars ($22,401); (vii) Three (3) hot check accounting clerks III at not less than seventeen thousand nine hundred ninety-nine dollars ($17,999); (viii) One (1) victim assistance program coordinator at not less than twenty-seven thousand one hundred dollars ($27,100); (ix) One (1) volunteer coordinator at not less than twenty-four thousand six hundred dollars ($24,600); (x) A minimum of seven (7) victim assistance case coordinators at not less than seventeen thousand nine hundred ninety-nine dollars ($17,999); (xi) One (1) systems analyst at not less than thirty-four thousand four hundred dollars ($34,400); (xii) Two (2) youth resource officers at not less than seventeen thousand nine hundred ninety-nine dollars ($17,999); and (xiii) One (1) precharging division supervisor at not less than twenty-three thousand six hundred fifty-three dollars ($23,653);

(A) A minimum of thirty-five (35) deputy prosecuting attorneys, whose salaries shall be as follows: (i) One (1) chief deputy at not less than seventy thousand three hundred fifty-five dollars ($70,355); (ii) Three (3) senior deputies at not less than forty-five thousand seven hundred one dollars ($45,701); (iii) A minimum of seven (7) division chiefs at not less than forty thousand one hundred dollars ($40,100); (iv) A minimum of eight (8) staff attorneys at not less than thirty-five thousand two hundred dollars ($35,200); (v) A minimum of fourteen (14) staff attorneys at not less than thirty thousand nine hundred dollars ($30,900); and (vi) Two (2) trial attorneys at not less than forty thousand one hundred dollars ($40,100);

(i) One (1) chief deputy at not less than seventy thousand three hundred fifty-five dollars ($70,355);

(ii) Three (3) senior deputies at not less than forty-five thousand seven hundred one dollars ($45,701);

(iii) A minimum of seven (7) division chiefs at not less than forty thousand one hundred dollars ($40,100);

(iv) A minimum of eight (8) staff attorneys at not less than thirty-five thousand two hundred dollars ($35,200);

(v) A minimum of fourteen (14) staff attorneys at not less than thirty thousand nine hundred dollars ($30,900); and

(vi) Two (2) trial attorneys at not less than forty thousand one hundred dollars ($40,100);

(B) (i) A minimum of eight (8) investigators as follows: (a) One (1) chief investigator at not less than twenty-two thousand four hundred one dollars ($22,401); and (b) Seven (7) investigators at not less than twenty thousand seven hundred dollars ($20,700). (ii) In addition to the investigators listed in subdivision (a)(1)(B)(i) of this section by salary, the prosecuting attorney shall have the authority to appoint other investigators as necessary for the administration of justice who shall serve without pay. (iii) (a) All investigators authorized and so appointed shall have the authority to issue process, serve warrants, and possess all law enforcement officer powers. (b) They shall be certified by the Arkansas Commission on Law Enforcement Standards and Training and shall be defined as public safety members under Arkansas law. (c) In the event that investigators shall issue process or serve warrants, the prosecutor's office shall be entitled to receive the same fee as provided in § 21-6-307 , which shall be deposited into the hot check fees account;

(i) A minimum of eight (8) investigators as follows: (a) One (1) chief investigator at not less than twenty-two thousand four hundred one dollars ($22,401); and (b) Seven (7) investigators at not less than twenty thousand seven hundred dollars ($20,700).

(a) One (1) chief investigator at not less than twenty-two thousand four hundred one dollars ($22,401); and

(b) Seven (7) investigators at not less than twenty thousand seven hundred dollars ($20,700).

(ii) In addition to the investigators listed in subdivision (a)(1)(B)(i) of this section by salary, the prosecuting attorney shall have the authority to appoint other investigators as necessary for the administration of justice who shall serve without pay.

(iii) (a) All investigators authorized and so appointed shall have the authority to issue process, serve warrants, and possess all law enforcement officer powers. (b) They shall be certified by the Arkansas Commission on Law Enforcement Standards and Training and shall be defined as public safety members under Arkansas law. (c) In the event that investigators shall issue process or serve warrants, the prosecutor's office shall be entitled to receive the same fee as provided in § 21-6-307 , which shall be deposited into the hot check fees account;

(a) All investigators authorized and so appointed shall have the authority to issue process, serve warrants, and possess all law enforcement officer powers.

(b) They shall be certified by the Arkansas Commission on Law Enforcement Standards and Training and shall be defined as public safety members under Arkansas law.

(c) In the event that investigators shall issue process or serve warrants, the prosecutor's office shall be entitled to receive the same fee as provided in § 21-6-307 , which shall be deposited into the hot check fees account;

(C) A minimum of forty-three (43) support personnel whose salaries shall be as follows: (i) Two (2) lead case clerks at not less than sixteen thousand seven hundred dollars ($16,700); (ii) Twenty (20) case clerks at not less than fifteen thousand four hundred one dollars ($15,401); (iii) One (1) administrative coordinator at not less than thirty thousand nine hundred dollars ($30,900); (iv) One (1) budget administrator at not less than twenty-seven thousand one hundred dollars ($27,100); (v) (a) Two (2) executive secretaries who shall serve at the will of the prosecuting attorney. (b) The executive secretaries shall receive a salary of not less than seventeen thousand nine hundred ninety-nine dollars ($17,999); (vi) One (1) hot check administrator at not less than twenty-two thousand four hundred one dollars ($22,401); (vii) Three (3) hot check accounting clerks III at not less than seventeen thousand nine hundred ninety-nine dollars ($17,999); (viii) One (1) victim assistance program coordinator at not less than twenty-seven thousand one hundred dollars ($27,100); (ix) One (1) volunteer coordinator at not less than twenty-four thousand six hundred dollars ($24,600); (x) A minimum of seven (7) victim assistance case coordinators at not less than seventeen thousand nine hundred ninety-nine dollars ($17,999); (xi) One (1) systems analyst at not less than thirty-four thousand four hundred dollars ($34,400); (xii) Two (2) youth resource officers at not less than seventeen thousand nine hundred ninety-nine dollars ($17,999); and (xiii) One (1) precharging division supervisor at not less than twenty-three thousand six hundred fifty-three dollars ($23,653);

(i) Two (2) lead case clerks at not less than sixteen thousand seven hundred dollars ($16,700);

(ii) Twenty (20) case clerks at not less than fifteen thousand four hundred one dollars ($15,401);

(iii) One (1) administrative coordinator at not less than thirty thousand nine hundred dollars ($30,900);

(iv) One (1) budget administrator at not less than twenty-seven thousand one hundred dollars ($27,100);

(v) (a) Two (2) executive secretaries who shall serve at the will of the prosecuting attorney. (b) The executive secretaries shall receive a salary of not less than seventeen thousand nine hundred ninety-nine dollars ($17,999);

(a) Two (2) executive secretaries who shall serve at the will of the prosecuting attorney.

(b) The executive secretaries shall receive a salary of not less than seventeen thousand nine hundred ninety-nine dollars ($17,999);

(vi) One (1) hot check administrator at not less than twenty-two thousand four hundred one dollars ($22,401);

(vii) Three (3) hot check accounting clerks III at not less than seventeen thousand nine hundred ninety-nine dollars ($17,999);

(viii) One (1) victim assistance program coordinator at not less than twenty-seven thousand one hundred dollars ($27,100);

(ix) One (1) volunteer coordinator at not less than twenty-four thousand six hundred dollars ($24,600);

(x) A minimum of seven (7) victim assistance case coordinators at not less than seventeen thousand nine hundred ninety-nine dollars ($17,999);

(xi) One (1) systems analyst at not less than thirty-four thousand four hundred dollars ($34,400);

(xii) Two (2) youth resource officers at not less than seventeen thousand nine hundred ninety-nine dollars ($17,999); and

(xiii) One (1) precharging division supervisor at not less than twenty-three thousand six hundred fifty-three dollars ($23,653);

(2) (A) One (1) part-time deputy prosecuting attorney whose duties shall be to represent the office of the Prosecuting Attorney of the Sixth Judicial District in all cases involving food stamp fraud and Aid to Families with Dependent Children fraud referred to the prosecuting attorney by the Department of Human Services and any other responsibilities that may be delegated to him by the prosecuting attorney. (B) The Prosecuting Attorney of the Sixth Judicial District shall contract with the Department of Human Services to determine the compensation of the deputy prosecuting attorney to be paid by the Department of Human Services. (C) The part-time deputy prosecuting attorney so appointed shall be permitted to engage in the private practice of law in the area of civil cases only. (D) At the discretion of the prosecuting attorney, this part-time deputy prosecuting attorney may be delegated other duties and made a full-time deputy prosecuting attorney and paid therefor from the existing appropriation for full-time deputy prosecuting attorneys;

(A) One (1) part-time deputy prosecuting attorney whose duties shall be to represent the office of the Prosecuting Attorney of the Sixth Judicial District in all cases involving food stamp fraud and Aid to Families with Dependent Children fraud referred to the prosecuting attorney by the Department of Human Services and any other responsibilities that may be delegated to him by the prosecuting attorney.

(B) The Prosecuting Attorney of the Sixth Judicial District shall contract with the Department of Human Services to determine the compensation of the deputy prosecuting attorney to be paid by the Department of Human Services.

(C) The part-time deputy prosecuting attorney so appointed shall be permitted to engage in the private practice of law in the area of civil cases only.

(D) At the discretion of the prosecuting attorney, this part-time deputy prosecuting attorney may be delegated other duties and made a full-time deputy prosecuting attorney and paid therefor from the existing appropriation for full-time deputy prosecuting attorneys;

(3) Four (4) deputy prosecuting attorneys, to be paid by the Prosecutor Coordinator and not through quorum court appropriations, to handle criminal and civil commitments, including involuntary admissions and alcohol and narcotic commitments and insanity acquittees and other deputy prosecuting attorney duties as requested;

(4) The prosecuting attorney may hire part-time, temporary, contract, or permanent paralegals, law clerks, or deputy prosecuting attorneys as authorized by the quorum court or provided for by law if deemed necessary for the proper administration of justice and for the efficient operation of the office of the Prosecuting Attorney of the Sixth Judicial District;

(5) The prosecuting attorney shall have the power to appoint additional deputy prosecuting attorneys and other employees at such salaries as are authorized in grant awards from the Department of Finance and Administration, including, but not limited to, the federal Drug Law Enforcement Program Anti-Abuse Act of 1986, as amended, or its successor, or any other grant funds so awarded; and

(6) In addition to the deputy prosecuting attorney positions created by this subchapter or any other Arkansas Code provisions, the Prosecuting Attorney of the Sixth Judicial District shall have the authority to contract at such salary or compensation amounts as may be available or appropriated by the quorum court for such legal services as are necessary, to include, but not be limited to, asset forfeiture actions.

(b) (1) The prosecuting attorney shall have the power to appoint the assistants and employees authorized in subsection (a) of this section without confirmation of any court or tribunal. (2) Deputy prosecuting attorneys and other staff members so designated in this subchapter shall be considered law enforcement officers for all protective, emergency, investigative, and communication purposes, either individually or in coordination with interagency cooperative investigations and operations. (3) Deputy prosecuting attorneys duly appointed shall have such authority as conferred by the prosecuting attorney to perform any official acts so designated in all counties within the district. (4) (A) The Pulaski County Quorum Court shall annually appropriate funds sufficient to cover salaries, maintenance and operations expenditures, and capital outlay as required by the prosecuting attorney for the administration of justice. (B) All of the salaries shall be paid by Pulaski County. (C) When the Pulaski County Quorum Court raises salaries for Pulaski County employees, it shall also raise salaries an equivalent amount for the above employees. (D) Those employees covered by this subchapter shall be treated by Pulaski County in the same manner as other Pulaski County employees for all other purposes.

(1) The prosecuting attorney shall have the power to appoint the assistants and employees authorized in subsection (a) of this section without confirmation of any court or tribunal.

(2) Deputy prosecuting attorneys and other staff members so designated in this subchapter shall be considered law enforcement officers for all protective, emergency, investigative, and communication purposes, either individually or in coordination with interagency cooperative investigations and operations.

(3) Deputy prosecuting attorneys duly appointed shall have such authority as conferred by the prosecuting attorney to perform any official acts so designated in all counties within the district.

(4) (A) The Pulaski County Quorum Court shall annually appropriate funds sufficient to cover salaries, maintenance and operations expenditures, and capital outlay as required by the prosecuting attorney for the administration of justice. (B) All of the salaries shall be paid by Pulaski County. (C) When the Pulaski County Quorum Court raises salaries for Pulaski County employees, it shall also raise salaries an equivalent amount for the above employees. (D) Those employees covered by this subchapter shall be treated by Pulaski County in the same manner as other Pulaski County employees for all other purposes.

(A) The Pulaski County Quorum Court shall annually appropriate funds sufficient to cover salaries, maintenance and operations expenditures, and capital outlay as required by the prosecuting attorney for the administration of justice.

(B) All of the salaries shall be paid by Pulaski County.

(C) When the Pulaski County Quorum Court raises salaries for Pulaski County employees, it shall also raise salaries an equivalent amount for the above employees.

(D) Those employees covered by this subchapter shall be treated by Pulaski County in the same manner as other Pulaski County employees for all other purposes.

Acts 1993, No. 997, § 2; 1995, No. 803, § 2; 1997, No. 522, § 1; 1999, No. 1234, § 1.
Ark. Code Ann. § 16-17-132 — AR Code / Title 16 / Chapter 17 / Subchapter 1 / Section 16-17-132
District court generally
Status: in_force

(a) All fines, penalties, and costs received by the district courts shall be collected and distributed in the manner provided by laws affecting the former municipal courts, unless and until the General Assembly establishes a new method of distribution. (b) All salaries, retirement benefits, programs, and moneys of judges, clerks, and court employees of the former municipal courts will continue to be vested and paid to the judges, clerks, and court employees of the district courts, pending further acts of the General Assembly. (c) A vacancy in a district court judgeship shall be filled in the same manner and subject to the same restrictions as for vacancies under Arkansas Constitution, Amendment 29. Acts 2001, No. 1693, §§ 1, 2; 2003, No. 1185, § 120.

(a) All fines, penalties, and costs received by the district courts shall be collected and distributed in the manner provided by laws affecting the former municipal courts, unless and until the General Assembly establishes a new method of distribution.

(b) All salaries, retirement benefits, programs, and moneys of judges, clerks, and court employees of the former municipal courts will continue to be vested and paid to the judges, clerks, and court employees of the district courts, pending further acts of the General Assembly.

(c) A vacancy in a district court judgeship shall be filled in the same manner and subject to the same restrictions as for vacancies under Arkansas Constitution, Amendment 29.

Acts 2001, No. 1693, §§ 1, 2; 2003, No. 1185, § 120.
Ark. Code Ann. § 16-43-501 — AR Code / Title 16 / Chapter 43 / Subchapter 5 / Section 16-43-501
Accused as witness
Status: in_force

On the trial of all indictments, informations, complaints, and other proceedings against persons charged with the commission of crimes, offenses, and misdemeanors in this state, the person so charged shall, at his own request, but not otherwise, be a competent witness. The failure of the person so charged to make such a request shall not create any presumption against him. Acts 1885, No. 82, § 1, p. 126; C. & M. Dig., § 3123; Pope's Dig., § 3957; A.S.A. 1947, § 43-2016.

On the trial of all indictments, informations, complaints, and other proceedings against persons charged with the commission of crimes, offenses, and misdemeanors in this state, the person so charged shall, at his own request, but not otherwise, be a competent witness. The failure of the person so charged to make such a request shall not create any presumption against him.

Acts 1885, No. 82, § 1, p. 126; C. & M. Dig., § 3123; Pope's Dig., § 3957; A.S.A. 1947, § 43-2016.
Ark. Code Ann. § 16-17-1201 — AR Code / Title 16 / Chapter 17 / Subchapter 12 / Section 16-17-1201
Findings and intent
Status: in_force

(a) The General Assembly finds that: (1) The intent of Amendment 80 to the Arkansas Constitution was to create a unified court system to provide judicial economy and a fair administration of justice; (2) The judicial system in this state should be composed of three (3) tiers to accomplish the intent of Amendment 80 to the Arkansas Constitution: (A) Appellate courts to be composed of the Supreme Court and the Court of Appeals; (B) General jurisdiction trial courts to be composed of the circuit courts; and (C) Limited jurisdiction courts to be composed of the district courts; (3) The city courts of this state should be consolidated with district courts in order to provide judicial and administrative functions in limited jurisdiction courts that are both necessary and cost-effective; and (4) City courts provide a valuable service for the citizens of towns and cities that operate city courts and also revenue for those towns and cities and for this state. However, many towns and cities provide law enforcement officers for the safety of citizens but do not operate a city court. (b) It is the intent of the General Assembly that a town or city that has operated a city court is to continue to receive revenue from cases that originate in its town or city limits and to establish a procedure to allow a town or city that has never operated a city court but that now or in the future may have law enforcement officers to be able to receive a portion of the revenue from cases that originate in its town or city limits. (c) It is also the intent of the General Assembly that this subchapter will consolidate all limited jurisdiction courts in the state as of January 1, 2012. (d) (1) On January 1, 2012, the district courts shall be regarded as a continuation of the city courts now existing. (2) (A) All papers and records pertaining to the city courts shall be transferred to the appropriate district courts and no suit or prosecution of any kind or nature shall abate because of any change made by this subchapter. (B) Except as modified in accordance with this subchapter, any of the following existing on January 1, 2012, shall continue unaffected: (i) A writ; (ii) An action; (iii) A suit; (iv) A proceeding; (v) Civil liability; (vi) Criminal liability; (vii) A prosecution; (viii) A judgment; (ix) A decree; (x) An order; (xi) A sentence; (xii) A regulation; (xiii) A cause of action; and (xiv) An appeal. Acts 2007, No. 663, § 16.

(a) The General Assembly finds that: (1) The intent of Amendment 80 to the Arkansas Constitution was to create a unified court system to provide judicial economy and a fair administration of justice; (2) The judicial system in this state should be composed of three (3) tiers to accomplish the intent of Amendment 80 to the Arkansas Constitution: (A) Appellate courts to be composed of the Supreme Court and the Court of Appeals; (B) General jurisdiction trial courts to be composed of the circuit courts; and (C) Limited jurisdiction courts to be composed of the district courts; (3) The city courts of this state should be consolidated with district courts in order to provide judicial and administrative functions in limited jurisdiction courts that are both necessary and cost-effective; and (4) City courts provide a valuable service for the citizens of towns and cities that operate city courts and also revenue for those towns and cities and for this state. However, many towns and cities provide law enforcement officers for the safety of citizens but do not operate a city court.

(1) The intent of Amendment 80 to the Arkansas Constitution was to create a unified court system to provide judicial economy and a fair administration of justice;

(2) The judicial system in this state should be composed of three (3) tiers to accomplish the intent of Amendment 80 to the Arkansas Constitution: (A) Appellate courts to be composed of the Supreme Court and the Court of Appeals; (B) General jurisdiction trial courts to be composed of the circuit courts; and (C) Limited jurisdiction courts to be composed of the district courts;

(A) Appellate courts to be composed of the Supreme Court and the Court of Appeals;

(B) General jurisdiction trial courts to be composed of the circuit courts; and

(C) Limited jurisdiction courts to be composed of the district courts;

(3) The city courts of this state should be consolidated with district courts in order to provide judicial and administrative functions in limited jurisdiction courts that are both necessary and cost-effective; and

(4) City courts provide a valuable service for the citizens of towns and cities that operate city courts and also revenue for those towns and cities and for this state. However, many towns and cities provide law enforcement officers for the safety of citizens but do not operate a city court.

(b) It is the intent of the General Assembly that a town or city that has operated a city court is to continue to receive revenue from cases that originate in its town or city limits and to establish a procedure to allow a town or city that has never operated a city court but that now or in the future may have law enforcement officers to be able to receive a portion of the revenue from cases that originate in its town or city limits.

(c) It is also the intent of the General Assembly that this subchapter will consolidate all limited jurisdiction courts in the state as of January 1, 2012.

(d) (1) On January 1, 2012, the district courts shall be regarded as a continuation of the city courts now existing. (2) (A) All papers and records pertaining to the city courts shall be transferred to the appropriate district courts and no suit or prosecution of any kind or nature shall abate because of any change made by this subchapter. (B) Except as modified in accordance with this subchapter, any of the following existing on January 1, 2012, shall continue unaffected: (i) A writ; (ii) An action; (iii) A suit; (iv) A proceeding; (v) Civil liability; (vi) Criminal liability; (vii) A prosecution; (viii) A judgment; (ix) A decree; (x) An order; (xi) A sentence; (xii) A regulation; (xiii) A cause of action; and (xiv) An appeal.

(1) On January 1, 2012, the district courts shall be regarded as a continuation of the city courts now existing.

(2) (A) All papers and records pertaining to the city courts shall be transferred to the appropriate district courts and no suit or prosecution of any kind or nature shall abate because of any change made by this subchapter. (B) Except as modified in accordance with this subchapter, any of the following existing on January 1, 2012, shall continue unaffected: (i) A writ; (ii) An action; (iii) A suit; (iv) A proceeding; (v) Civil liability; (vi) Criminal liability; (vii) A prosecution; (viii) A judgment; (ix) A decree; (x) An order; (xi) A sentence; (xii) A regulation; (xiii) A cause of action; and (xiv) An appeal.

(A) All papers and records pertaining to the city courts shall be transferred to the appropriate district courts and no suit or prosecution of any kind or nature shall abate because of any change made by this subchapter.

(B) Except as modified in accordance with this subchapter, any of the following existing on January 1, 2012, shall continue unaffected: (i) A writ; (ii) An action; (iii) A suit; (iv) A proceeding; (v) Civil liability; (vi) Criminal liability; (vii) A prosecution; (viii) A judgment; (ix) A decree; (x) An order; (xi) A sentence; (xii) A regulation; (xiii) A cause of action; and (xiv) An appeal.

(i) A writ;

(ii) An action;

(iii) A suit;

(iv) A proceeding;

(v) Civil liability;

(vi) Criminal liability;

(vii) A prosecution;

(viii) A judgment;

(ix) A decree;

(x) An order;

(xi) A sentence;

(xii) A regulation;

(xiii) A cause of action; and

(xiv) An appeal.

Acts 2007, No. 663, § 16.
Ark. Code Ann. § 16-93-603 — AR Code / Title 16 / Chapter 93 / Subchapter 6 / Section 16-93-603
Felonies committed between April 1, 1977, and April 1, 1983 - Classification of inmates
Status: in_force

For the purposes of §§ 16-93-602 - 16-93-604 , inmates are to be classified as follows: (1) A first offender is an inmate convicted of one (1) or more felonies but who has not been incarcerated in some correctional institution in the United States, whether local, state, or federal, for a crime which was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified; (2) A second offender is a inmate convicted of two (2) or more felonies who has been incarcerated one (1) time in some correctional institution in the United States, whether local, state, or federal, for a crime which was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified; (3) A third offender is an inmate convicted of three (3) or more felonies who has been incarcerated two (2) times in some correctional institution in the United States, whether local, state, or federal, for a crime which was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified; and (4) A fourth offender is an inmate convicted of four (4) or more felonies who has been incarcerated three (3) or more times in some correctional institution in the United States, whether local, state, or federal, for a crime which was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified. Acts 1977, No. 93, § 1; A.S.A. 1947, § 43-2828.

For the purposes of §§ 16-93-602 - 16-93-604 , inmates are to be classified as follows:

(1) A first offender is an inmate convicted of one (1) or more felonies but who has not been incarcerated in some correctional institution in the United States, whether local, state, or federal, for a crime which was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified;

(2) A second offender is a inmate convicted of two (2) or more felonies who has been incarcerated one (1) time in some correctional institution in the United States, whether local, state, or federal, for a crime which was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified;

(3) A third offender is an inmate convicted of three (3) or more felonies who has been incarcerated two (2) times in some correctional institution in the United States, whether local, state, or federal, for a crime which was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified; and

(4) A fourth offender is an inmate convicted of four (4) or more felonies who has been incarcerated three (3) or more times in some correctional institution in the United States, whether local, state, or federal, for a crime which was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified.

Acts 1977, No. 93, § 1; A.S.A. 1947, § 43-2828.
Ark. Code Ann. § 16-124-102 — AR Code / Title 16 / Chapter 124 / Section 16-124-102
Definitions
Status: in_force

As used in this chapter: (1) "Illegal drug" means a drug whose distribution is a violation of the Uniform Controlled Substances Act, § 5-64-101 et seq.; (2) "Illegal drug market" means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches the user; (3) "Illegal drug market target community" means the area described under § 16-124-109 ; (4) "Individual drug user" means the individual whose illegal drug use is the basis of an action brought under this chapter; (5) "Level four offense" means: (A) Possession of sixteen ounces (16 ozs.) or more, or distribution of four ounces (4 ozs.) or more, of a specified illegal drug; or (B) Possession of sixteen pounds (16 lbs.) or more or one hundred (100) plants or more, or distribution of ten pounds (10 lbs.) or more, of marijuana; (6) "Level one offense" means: (A) Possession of one-quarter ounce (.25 oz.) or more but less than four ounces (4 ozs.), or distribution of less than one ounce (1 oz.), of a specified illegal drug; or (B) Possession of one pound (1 lb.) or twenty-five (25) plants or more but less than four pounds (4 lbs.) or fifty (50) plants, or distribution of less than one pound (1 lb.), of marijuana; (7) "Level three offense" means: (A) Possession of eight ounces (8 ozs.) or more but less than sixteen ounces (16 ozs.), or distribution of two ounces (2 ozs.) or more but less than four ounces (4 ozs.), of a specified illegal drug; or (B) Possession of eight pounds (8 lbs.) or more or seventy-five (75) plants or more but less than sixteen pounds (16 lbs.) or one hundred (100) plants, or distribution of more than five pounds (5 lbs.) but less than ten pounds (10 lbs.), of marijuana; (8) "Level two offense" means: (A) Possession of four ounces (4 ozs.) or more but less than eight ounces (8 ozs.), or distribution of one ounce (1 oz.) or more but less than two ounces (2 ozs.), of a specified illegal drug; or (B) Possession of four pounds (4 lbs) or more or fifty (50) plants or more but less than eight pounds (8 lbs.) or seventy-five (75) plants, or distribution of more than one pound (1 lb.) but less than ten pounds (10 lbs.), of marijuana; (9) (A) "Participate in the illegal drug market" means to distribute, possess with an intent to distribute, commit an act intended to facilitate the marketing or distribution of, or agree to distribute, possess with an intent to distribute, or commit an act intended to facilitate the marketing and distribution of, an illegal drug. (B) "Participate in the illegal drug market" does not include the purchase or receipt of an illegal drug for personal use only; (10) (A) "Period of illegal drug use" means, in relation to the individual drug user, the time of first use by an individual drug user of an illegal drug to the accrual of the cause of action. (B) The period of illegal drug use is presumed to commence two (2) years before the cause of action accrues, unless the defendant proves otherwise by clear and convincing evidence; (11) "Person" means an individual, a governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country; (12) "Place of illegal drug activity" means, in relation to the individual drug user, each county in which the individual drug user possesses or uses an illegal drug or in which the individual drug user resides, attends school, or is employed during the period of the illegal drug use of the individual drug user, unless the defendant proves otherwise by clear and convincing evidence; (13) "Place of participation" means, in relation to a defendant in an action brought under this chapter, each county in which the person participates in the illegal drug market or in which the person resides, attends school, or is employed during the period of the participation in the illegal drug market by the person; and (14) "Specified illegal drug" means cocaine, heroin, or methamphetamine, and any other drug the distribution of which is a violation of state law. Acts 1995, No. 896, § 2.

As used in this chapter:

(1) "Illegal drug" means a drug whose distribution is a violation of the Uniform Controlled Substances Act, § 5-64-101 et seq.;

(2) "Illegal drug market" means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches the user;

(3) "Illegal drug market target community" means the area described under § 16-124-109 ;

(4) "Individual drug user" means the individual whose illegal drug use is the basis of an action brought under this chapter;

(5) "Level four offense" means: (A) Possession of sixteen ounces (16 ozs.) or more, or distribution of four ounces (4 ozs.) or more, of a specified illegal drug; or (B) Possession of sixteen pounds (16 lbs.) or more or one hundred (100) plants or more, or distribution of ten pounds (10 lbs.) or more, of marijuana;

(A) Possession of sixteen ounces (16 ozs.) or more, or distribution of four ounces (4 ozs.) or more, of a specified illegal drug; or

(B) Possession of sixteen pounds (16 lbs.) or more or one hundred (100) plants or more, or distribution of ten pounds (10 lbs.) or more, of marijuana;

(6) "Level one offense" means: (A) Possession of one-quarter ounce (.25 oz.) or more but less than four ounces (4 ozs.), or distribution of less than one ounce (1 oz.), of a specified illegal drug; or (B) Possession of one pound (1 lb.) or twenty-five (25) plants or more but less than four pounds (4 lbs.) or fifty (50) plants, or distribution of less than one pound (1 lb.), of marijuana;

(A) Possession of one-quarter ounce (.25 oz.) or more but less than four ounces (4 ozs.), or distribution of less than one ounce (1 oz.), of a specified illegal drug; or

(B) Possession of one pound (1 lb.) or twenty-five (25) plants or more but less than four pounds (4 lbs.) or fifty (50) plants, or distribution of less than one pound (1 lb.), of marijuana;

(7) "Level three offense" means: (A) Possession of eight ounces (8 ozs.) or more but less than sixteen ounces (16 ozs.), or distribution of two ounces (2 ozs.) or more but less than four ounces (4 ozs.), of a specified illegal drug; or (B) Possession of eight pounds (8 lbs.) or more or seventy-five (75) plants or more but less than sixteen pounds (16 lbs.) or one hundred (100) plants, or distribution of more than five pounds (5 lbs.) but less than ten pounds (10 lbs.), of marijuana;

(A) Possession of eight ounces (8 ozs.) or more but less than sixteen ounces (16 ozs.), or distribution of two ounces (2 ozs.) or more but less than four ounces (4 ozs.), of a specified illegal drug; or

(B) Possession of eight pounds (8 lbs.) or more or seventy-five (75) plants or more but less than sixteen pounds (16 lbs.) or one hundred (100) plants, or distribution of more than five pounds (5 lbs.) but less than ten pounds (10 lbs.), of marijuana;

(8) "Level two offense" means: (A) Possession of four ounces (4 ozs.) or more but less than eight ounces (8 ozs.), or distribution of one ounce (1 oz.) or more but less than two ounces (2 ozs.), of a specified illegal drug; or (B) Possession of four pounds (4 lbs) or more or fifty (50) plants or more but less than eight pounds (8 lbs.) or seventy-five (75) plants, or distribution of more than one pound (1 lb.) but less than ten pounds (10 lbs.), of marijuana;

(A) Possession of four ounces (4 ozs.) or more but less than eight ounces (8 ozs.), or distribution of one ounce (1 oz.) or more but less than two ounces (2 ozs.), of a specified illegal drug; or

(B) Possession of four pounds (4 lbs) or more or fifty (50) plants or more but less than eight pounds (8 lbs.) or seventy-five (75) plants, or distribution of more than one pound (1 lb.) but less than ten pounds (10 lbs.), of marijuana;

(9) (A) "Participate in the illegal drug market" means to distribute, possess with an intent to distribute, commit an act intended to facilitate the marketing or distribution of, or agree to distribute, possess with an intent to distribute, or commit an act intended to facilitate the marketing and distribution of, an illegal drug. (B) "Participate in the illegal drug market" does not include the purchase or receipt of an illegal drug for personal use only;

(A) "Participate in the illegal drug market" means to distribute, possess with an intent to distribute, commit an act intended to facilitate the marketing or distribution of, or agree to distribute, possess with an intent to distribute, or commit an act intended to facilitate the marketing and distribution of, an illegal drug.

(B) "Participate in the illegal drug market" does not include the purchase or receipt of an illegal drug for personal use only;

(10) (A) "Period of illegal drug use" means, in relation to the individual drug user, the time of first use by an individual drug user of an illegal drug to the accrual of the cause of action. (B) The period of illegal drug use is presumed to commence two (2) years before the cause of action accrues, unless the defendant proves otherwise by clear and convincing evidence;

(A) "Period of illegal drug use" means, in relation to the individual drug user, the time of first use by an individual drug user of an illegal drug to the accrual of the cause of action.

(B) The period of illegal drug use is presumed to commence two (2) years before the cause of action accrues, unless the defendant proves otherwise by clear and convincing evidence;

(11) "Person" means an individual, a governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country;

(12) "Place of illegal drug activity" means, in relation to the individual drug user, each county in which the individual drug user possesses or uses an illegal drug or in which the individual drug user resides, attends school, or is employed during the period of the illegal drug use of the individual drug user, unless the defendant proves otherwise by clear and convincing evidence;

(13) "Place of participation" means, in relation to a defendant in an action brought under this chapter, each county in which the person participates in the illegal drug market or in which the person resides, attends school, or is employed during the period of the participation in the illegal drug market by the person; and

(14) "Specified illegal drug" means cocaine, heroin, or methamphetamine, and any other drug the distribution of which is a violation of state law.

Acts 1995, No. 896, § 2.
Ark. Code Ann. § 16-85-713 — AR Code / Title 16 / Chapter 85 / Subchapter 7 / Section 16-85-713
Leave of court to enter nolle prosequi
Status: in_force

No prosecuting attorney shall enter a nolle prosequi on any indictment or in any other way discontinue or abandon the indictment without the leave of the court in which the indictment is pending and without being first entered on the docket. Rev. Stat., ch. 45, § 109; C. & M. Dig., § 3061; Pope's Dig., § 3887; A.S.A. 1947, § 43-1230; Acts 2005, No. 1994, § 275.

No prosecuting attorney shall enter a nolle prosequi on any indictment or in any other way discontinue or abandon the indictment without the leave of the court in which the indictment is pending and without being first entered on the docket.

Rev. Stat., ch. 45, § 109; C. & M. Dig., § 3061; Pope's Dig., § 3887; A.S.A. 1947, § 43-1230; Acts 2005, No. 1994, § 275.
Ark. Code Ann. § 16-13-3302 — AR Code / Title 16 / Chapter 13 / Subchapter 33 / Section 16-13-3302
Trial court administrator position created
Status: in_force

(a) (1) The position of trial court administrator is authorized and funds shall be appropriated to the Administrative Office of the Courts from the State Administration of Justice Fund to provide one (1) trial court administrator for each of the circuit judges. (2) (A) The trial court administrator may be employed to assist the circuit judge in the administration and management of the circuit court. (B) (i) The office shall create and maintain a detailed job description for the trial court administrator position. (ii) The job description may be used by a circuit judge for the hiring, evaluation, and management of a trial court administrator. (3) Each circuit judge shall report to the office his or her intention to employ a trial court administrator. (4) Two (2) or more circuit judges within a judicial district may employ jointly, within their discretion, one (1) trial court administrator if coordinated with the office. (b) (1) A circuit judge authorized by subsection (a) of this section to employ a trial court administrator may select and hire the trial court administrator. (2) The trial court administrator shall serve at the will and pleasure of the circuit judge. (c) (1) Except as provided in subdivision (c)(2) of this section, a county shall not supplement the base salary of a trial court administrator. (2) If a county with quorum court approval employed a trial court administrative assistant on or before July 1, 2014, and supplemented his or her base salary under former § 16-10-133 , the county shall continue to provide the supplement so long as the now titled trial court administrator continues to be employed by the county in that position. (d) (1) Notwithstanding the exemption provided by § 21-4-203 , the circuit judge employing a trial court administrator shall administer the attendance and leave policies for the trial court administrator in the manner prescribed for state employees by the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq. (2) The trial court administrator shall forward all approved requests for leave to the office on a regular and timely basis for payroll purposes. (3) The office shall prescribe the procedures for obtaining all relevant leave information, including without limitation the forms, method of transmittal, and format for obtaining the leave information. Added by Act 2015, No. 268,§ 10, eff. 7/1/2015.

(a) (1) The position of trial court administrator is authorized and funds shall be appropriated to the Administrative Office of the Courts from the State Administration of Justice Fund to provide one (1) trial court administrator for each of the circuit judges. (2) (A) The trial court administrator may be employed to assist the circuit judge in the administration and management of the circuit court. (B) (i) The office shall create and maintain a detailed job description for the trial court administrator position. (ii) The job description may be used by a circuit judge for the hiring, evaluation, and management of a trial court administrator. (3) Each circuit judge shall report to the office his or her intention to employ a trial court administrator. (4) Two (2) or more circuit judges within a judicial district may employ jointly, within their discretion, one (1) trial court administrator if coordinated with the office.

(1) The position of trial court administrator is authorized and funds shall be appropriated to the Administrative Office of the Courts from the State Administration of Justice Fund to provide one (1) trial court administrator for each of the circuit judges.

(2) (A) The trial court administrator may be employed to assist the circuit judge in the administration and management of the circuit court. (B) (i) The office shall create and maintain a detailed job description for the trial court administrator position. (ii) The job description may be used by a circuit judge for the hiring, evaluation, and management of a trial court administrator.

(A) The trial court administrator may be employed to assist the circuit judge in the administration and management of the circuit court.

(B) (i) The office shall create and maintain a detailed job description for the trial court administrator position. (ii) The job description may be used by a circuit judge for the hiring, evaluation, and management of a trial court administrator.

(i) The office shall create and maintain a detailed job description for the trial court administrator position.

(ii) The job description may be used by a circuit judge for the hiring, evaluation, and management of a trial court administrator.

(3) Each circuit judge shall report to the office his or her intention to employ a trial court administrator.

(4) Two (2) or more circuit judges within a judicial district may employ jointly, within their discretion, one (1) trial court administrator if coordinated with the office.

(b) (1) A circuit judge authorized by subsection (a) of this section to employ a trial court administrator may select and hire the trial court administrator. (2) The trial court administrator shall serve at the will and pleasure of the circuit judge.

(1) A circuit judge authorized by subsection (a) of this section to employ a trial court administrator may select and hire the trial court administrator.

(2) The trial court administrator shall serve at the will and pleasure of the circuit judge.

(c) (1) Except as provided in subdivision (c)(2) of this section, a county shall not supplement the base salary of a trial court administrator. (2) If a county with quorum court approval employed a trial court administrative assistant on or before July 1, 2014, and supplemented his or her base salary under former § 16-10-133 , the county shall continue to provide the supplement so long as the now titled trial court administrator continues to be employed by the county in that position.

(1) Except as provided in subdivision (c)(2) of this section, a county shall not supplement the base salary of a trial court administrator.

(2) If a county with quorum court approval employed a trial court administrative assistant on or before July 1, 2014, and supplemented his or her base salary under former § 16-10-133 , the county shall continue to provide the supplement so long as the now titled trial court administrator continues to be employed by the county in that position.

(d) (1) Notwithstanding the exemption provided by § 21-4-203 , the circuit judge employing a trial court administrator shall administer the attendance and leave policies for the trial court administrator in the manner prescribed for state employees by the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq. (2) The trial court administrator shall forward all approved requests for leave to the office on a regular and timely basis for payroll purposes. (3) The office shall prescribe the procedures for obtaining all relevant leave information, including without limitation the forms, method of transmittal, and format for obtaining the leave information.

(1) Notwithstanding the exemption provided by § 21-4-203 , the circuit judge employing a trial court administrator shall administer the attendance and leave policies for the trial court administrator in the manner prescribed for state employees by the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq.

(2) The trial court administrator shall forward all approved requests for leave to the office on a regular and timely basis for payroll purposes.

(3) The office shall prescribe the procedures for obtaining all relevant leave information, including without limitation the forms, method of transmittal, and format for obtaining the leave information.

Added by Act 2015, No. 268,§ 10, eff. 7/1/2015.
Ark. Code Ann. § 16-81-403 — AR Code / Title 16 / Chapter 81 / Subchapter 4 / Section 16-81-403
Definitions
Status: in_force

As used in this subchapter the terms: (1) "Fresh pursuit" shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or an offense of driving or operating a vehicle while intoxicated, impaired, or under the influence or who is reasonably suspected of having committed a felony or an offense of driving or operating a vehicle while intoxicated, impaired, or under the influence. It shall also include the pursuit of a person suspected of having committed a supposed felony or an offense of driving or operating a vehicle while intoxicated, impaired, or under the influence, though no felony nor an offense of driving or operating a vehicle while intoxicated, impaired, or under the influence has actually been committed, if there is reasonable ground for believing that a felony or an offense of driving or operating a vehicle while intoxicated, impaired, or under the influence has been committed. Fresh pursuit as used in this subchapter shall not necessarily imply instant pursuit, but pursuit without unreasonable delay; (2) "State" shall include the District of Columbia. Amended by Act 2017, No. 400,§ 1, eff. 8/1/2017. Acts 1951, No. 211, § 3; A.S.A. 1947, § 43-513.

As used in this subchapter the terms:

(1) "Fresh pursuit" shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or an offense of driving or operating a vehicle while intoxicated, impaired, or under the influence or who is reasonably suspected of having committed a felony or an offense of driving or operating a vehicle while intoxicated, impaired, or under the influence. It shall also include the pursuit of a person suspected of having committed a supposed felony or an offense of driving or operating a vehicle while intoxicated, impaired, or under the influence, though no felony nor an offense of driving or operating a vehicle while intoxicated, impaired, or under the influence has actually been committed, if there is reasonable ground for believing that a felony or an offense of driving or operating a vehicle while intoxicated, impaired, or under the influence has been committed. Fresh pursuit as used in this subchapter shall not necessarily imply instant pursuit, but pursuit without unreasonable delay;

(2) "State" shall include the District of Columbia.

Amended by Act 2017, No. 400,§ 1, eff. 8/1/2017.

Acts 1951, No. 211, § 3; A.S.A. 1947, § 43-513.
Ark. Code Ann. § 16-10-1004 — AR Code / Title 16 / Chapter 10 / Subchapter 10 / Section 16-10-1004
Court security officers - Definition
Status: in_force

(a) (1) There is established a training and certification program for court security officers. (2) As used in this section, "court security officer" means an individual who is assigned the duty of providing security or security-related services at the request of an appellate court, circuit court, or district court in this state. (3) (A) A court security officer may be employed directly by an appellate court, circuit court, district court, or a law enforcement agency of this state or a city or county in this state. (B) A court security officer may provide services to a court on either a full-time or part-time basis. (b) The duties of a court security officer may include: (1) The attendance in court when court is in session; (2) The supervision and maintenance of order in a courtroom or courthouse; (3) Providing security for individuals involved in court proceedings; and (4) Other incidental and related duties at the direction of a court. (c) In order to be eligible to provide services in an appellate court, circuit court, or district court in this state, a court security officer shall: (1) (A) Be certified as a law enforcement officer by the Arkansas Commission on Law Enforcement Standards and Training under the laws and rules of this state. (B) A court security officer shall complete the law enforcement certification requirement within one (1) year of beginning his or her term of service as a court security officer. (C) A court security officer shall maintain the law enforcement certification during the term of his or her service as a court security officer; and (2) (A) Complete an additional training program for court security officers approved by the commission. (B) A court security officer shall complete the additional training program for court security officers within one (1) year of beginning his or her term of service as a court security officer. (d) A court or law enforcement agency employing a court security officer shall: (1) Ensure that a court security officer meets or attains the certification required under subdivisions (c)(1)(B) and (c)(2)(B) of this section; and (2) Require submission of and maintain records for the documentation of the court security officer's certification as a law enforcement officer and of the court security officer's completion of the additional training program for court security officers. (e) (1) Subject to the certification requirements of the commission, the officers of the Supreme Court police may offer and provide training for court security officers as required by this section. (2) In addition to the general powers of a specialized law enforcement officer, Supreme Court police officers may, in the course of their official duties, provide security for members of the Supreme Court or the Court of Appeals when either court shall convene for the purpose of considering oral arguments or conferencing in any location within the State of Arkansas, including the authority to act as a peace officer to arrest, with or without warrant, any person within the boundaries of the State of Arkansas who is or is reasonably believed to be committing an offense against any laws of the State of Arkansas or against the ordinances of the city in which the Supreme Court or Court of Appeals is convened, and to deliver the person before any court of competent jurisdiction to be dealt with according to law. Amended by Act 2019, No. 315,§ 1293, eff. 7/24/2019. Acts 2007, No. 576, § 1; 2009, No. 236, § 1; 2011, No. 1132, § 4.

(a) (1) There is established a training and certification program for court security officers. (2) As used in this section, "court security officer" means an individual who is assigned the duty of providing security or security-related services at the request of an appellate court, circuit court, or district court in this state. (3) (A) A court security officer may be employed directly by an appellate court, circuit court, district court, or a law enforcement agency of this state or a city or county in this state. (B) A court security officer may provide services to a court on either a full-time or part-time basis.

(1) There is established a training and certification program for court security officers.

(2) As used in this section, "court security officer" means an individual who is assigned the duty of providing security or security-related services at the request of an appellate court, circuit court, or district court in this state.

(3) (A) A court security officer may be employed directly by an appellate court, circuit court, district court, or a law enforcement agency of this state or a city or county in this state. (B) A court security officer may provide services to a court on either a full-time or part-time basis.

(A) A court security officer may be employed directly by an appellate court, circuit court, district court, or a law enforcement agency of this state or a city or county in this state.

(B) A court security officer may provide services to a court on either a full-time or part-time basis.

(b) The duties of a court security officer may include: (1) The attendance in court when court is in session; (2) The supervision and maintenance of order in a courtroom or courthouse; (3) Providing security for individuals involved in court proceedings; and (4) Other incidental and related duties at the direction of a court.

(1) The attendance in court when court is in session;

(2) The supervision and maintenance of order in a courtroom or courthouse;

(3) Providing security for individuals involved in court proceedings; and

(4) Other incidental and related duties at the direction of a court.

(c) In order to be eligible to provide services in an appellate court, circuit court, or district court in this state, a court security officer shall: (1) (A) Be certified as a law enforcement officer by the Arkansas Commission on Law Enforcement Standards and Training under the laws and rules of this state. (B) A court security officer shall complete the law enforcement certification requirement within one (1) year of beginning his or her term of service as a court security officer. (C) A court security officer shall maintain the law enforcement certification during the term of his or her service as a court security officer; and (2) (A) Complete an additional training program for court security officers approved by the commission. (B) A court security officer shall complete the additional training program for court security officers within one (1) year of beginning his or her term of service as a court security officer.

(1) (A) Be certified as a law enforcement officer by the Arkansas Commission on Law Enforcement Standards and Training under the laws and rules of this state. (B) A court security officer shall complete the law enforcement certification requirement within one (1) year of beginning his or her term of service as a court security officer. (C) A court security officer shall maintain the law enforcement certification during the term of his or her service as a court security officer; and

(A) Be certified as a law enforcement officer by the Arkansas Commission on Law Enforcement Standards and Training under the laws and rules of this state.

(B) A court security officer shall complete the law enforcement certification requirement within one (1) year of beginning his or her term of service as a court security officer.

(C) A court security officer shall maintain the law enforcement certification during the term of his or her service as a court security officer; and

(2) (A) Complete an additional training program for court security officers approved by the commission. (B) A court security officer shall complete the additional training program for court security officers within one (1) year of beginning his or her term of service as a court security officer.

(A) Complete an additional training program for court security officers approved by the commission.

(B) A court security officer shall complete the additional training program for court security officers within one (1) year of beginning his or her term of service as a court security officer.

(d) A court or law enforcement agency employing a court security officer shall: (1) Ensure that a court security officer meets or attains the certification required under subdivisions (c)(1)(B) and (c)(2)(B) of this section; and (2) Require submission of and maintain records for the documentation of the court security officer's certification as a law enforcement officer and of the court security officer's completion of the additional training program for court security officers.

(1) Ensure that a court security officer meets or attains the certification required under subdivisions (c)(1)(B) and (c)(2)(B) of this section; and

(2) Require submission of and maintain records for the documentation of the court security officer's certification as a law enforcement officer and of the court security officer's completion of the additional training program for court security officers.

(e) (1) Subject to the certification requirements of the commission, the officers of the Supreme Court police may offer and provide training for court security officers as required by this section. (2) In addition to the general powers of a specialized law enforcement officer, Supreme Court police officers may, in the course of their official duties, provide security for members of the Supreme Court or the Court of Appeals when either court shall convene for the purpose of considering oral arguments or conferencing in any location within the State of Arkansas, including the authority to act as a peace officer to arrest, with or without warrant, any person within the boundaries of the State of Arkansas who is or is reasonably believed to be committing an offense against any laws of the State of Arkansas or against the ordinances of the city in which the Supreme Court or Court of Appeals is convened, and to deliver the person before any court of competent jurisdiction to be dealt with according to law.

(1) Subject to the certification requirements of the commission, the officers of the Supreme Court police may offer and provide training for court security officers as required by this section.

(2) In addition to the general powers of a specialized law enforcement officer, Supreme Court police officers may, in the course of their official duties, provide security for members of the Supreme Court or the Court of Appeals when either court shall convene for the purpose of considering oral arguments or conferencing in any location within the State of Arkansas, including the authority to act as a peace officer to arrest, with or without warrant, any person within the boundaries of the State of Arkansas who is or is reasonably believed to be committing an offense against any laws of the State of Arkansas or against the ordinances of the city in which the Supreme Court or Court of Appeals is convened, and to deliver the person before any court of competent jurisdiction to be dealt with according to law.

Amended by Act 2019, No. 315,§ 1293, eff. 7/24/2019.

Acts 2007, No. 576, § 1; 2009, No. 236, § 1; 2011, No. 1132, § 4.