reglab/housing_qa huggingface dataset:
AR Code § 16-98-201 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 98 - Treatment for Drug Abuse|Subchapter 2 - Pretrial or Posttrial Treatment, Intervention, and Diversion Programs|§ 16-98-201. Qualifications — Waiver

 Any judicial district, with the agreement of the parties, may establish a program whereby a defendant may be transferred to a pretrial or post-trial treatment program for drug abuse, provided that:   (1) The treatment program is at least one (1) year in length and meets the minimum standards of treatment promulgated by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;  (2) The charge or charges against the defendant carries a punishment which may be suspended;  (3) The defendant waives his or her rights to a speedy trial and such other rights as are agreed to by the parties and executes a consent for a limited release of confidential information regarding treatment permitting the judge, the prosecutor, and the defense attorney access to information relating to attendance, attitude, participation, and results of drug screens; and  (4)  (A) The defendant is eighteen (18) years of age or older.  (B) This provision may be waived with the consent of the prosecuting attorney.
AR Code § 16-98-301 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 98 - Treatment for Drug Abuse|Subchapter 3 - Arkansas Drug Court Act|§ 16-98-301. Short title and definitions

 (a) This subchapter shall be known as the “Arkansas Drug Court Act”.  (b) As used in this subchapter:  (1) “Evidence-based practices” means supervision, policies, procedures, and practices proven through research to reduce recidivism;  (2) “Validated risk-needs assessment” means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior; and  (3) “Violent felony offense” means an offense that is punishable by a term of imprisonment exceeding one (1) year, and during the course of the offense:  (A) The person carried, possessed, or used a firearm or other dangerous weapon and the use of deadly force was used against another person; or  (B) Death or serious physical injury was inflicted upon another person, regardless of whether death or serious physical injury was an element of the crime for which the person was convicted.
AR Code § 16-98-302 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 98 - Treatment for Drug Abuse|Subchapter 3 - Arkansas Drug Court Act|§ 16-98-302. Purpose and intent

 (a) There is a critical need for judicial intervention and support for effective treatment programs that reduce the incidence of drug use, drug addiction, and family separation due to parental substance abuse and drug-related crimes. It is the intent of the General Assembly for this subchapter to enhance public safety by facilitating the creation, expansion, and coordination of drug court programs.  (b) The goals of the drug court programs in this state shall be consistent with the standards adopted by the United States Department of Justice and recommended by the National Association of Drug Court Professionals and shall include the following key components:  (1) Integration of substance abuse treatment with justice system case processing;  (2) Use of a nonadversarial approach in which prosecution and defense promote public safety while protecting the right of the accused to due process;  (3) Early identification, with the use of a validated risk-needs assessement, of eligible moderate-to-high-risk participants and prompt placement of eligible participants;  (4) Access to a continuum of treatment, rehabilitation, and related services;  (5) Frequent testing for alcohol and illicit drugs;  (6) A coordinated strategy among the judge, prosecution, defense, and treatment providers to govern offender compliance;  (7) Ongoing judicial interaction with each participant;  (8) Monitoring and evaluation of the achievement of program goals and effectiveness;  (9) Continuing interdisciplinary education to promote effective planning, implementation, and operation; and  (10) Development of partnerships with public agencies and community-based organizations to generate local support and enhance drug court effectiveness.    (c)  (1) Drug court programs are specialized court dockets within the existing structure of the Arkansas court system. Drug court programs offer judicial monitoring of intensive treatment and strict supervision of addicts in drug and drug-related cases.  (2) The creation of a drug court docket and the appointment of a circuit judge to that docket shall be approved by the administrative judge in each judicial circuit and made a part of the judicial circuit's administrative plan required by Supreme Court Administrative Order Number 14.    (d) Drug court program success shall be determined by the rate of recidivism of all drug court participants, including participants who do not graduate.
AR Code § 16-98-304 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 98 - Treatment for Drug Abuse|Subchapter 3 - Arkansas Drug Court Act|§ 16-98-304. Cost and fees

 (a) The adult or juvenile drug court judge 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 program user fee;  (5) Necessary supervision fees, including any applicable residential treatment fees;  (6) Any fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) that are to be paid to the Department of Community Correction;  (7) Global Positioning System monitoring; and  (8) Continuous alcohol monitoring fees.    (b)  (1) The drug court judge shall establish a schedule for the payment of costs and fees.  (2) The cost for treatment, drug testing, continuous alcohol monitoring if ordered, and supervision shall be set by the treatment and supervision providers respectively and made part of the order of the drug court judge for payment.  (3) Program user fees shall be set by the drug court judge.  (4) Treatment, drug testing, continuous alcohol monitoring if ordered, and supervision costs or fees shall be paid to the respective providers.  (5) Fees determined or authorized under § 12-27-125(b)(17)(B) or § 16-93-104(a)(1) shall be paid to the Department of Community Correction.  (6)  (A) All court costs and program user fees assessed by the drug court judge shall be paid to the court clerk for remittance to the county treasury under § 14-14-1313.  (B) All installment payments shall initially be deemed to be collection of court costs under § 16-10-305 until the court costs have been collected in full with any remaining payments representing collections of other fees and costs as authorized in this section and shall be credited to the county administration of justice fund and distributed under § 16-10-307.  (C) Local program user fees shall be credited to a fund known as the “drug court program fund” and appropriated by the quorum court for the benefit and administration of the drug court program.    (7) Court orders for costs and fees shall remain an obligation of the offender with court monitoring until fully paid.
AR Code § 16-99-101 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 99 - Performance Incentive Funding for Recidivism and Crime Reduction|Subchapter 1 - Performance Incentive Act of 2011|§ 16-99-101. Purpose and intent

 (a) Both state and local agencies that implement criminal justice practices resulting in outcomes that reduce commitments to the Division of Correction should be rewarded.  (b) If a state agency, county, or judicial district has implemented proven risk-reduction strategies that reduce the number of offenders returning to the Division of Correction with no resultant increase in the crime rate; then, in order to reward the state agency, county, or judicial district and as an incentive to encourage similar practices elsewhere, the state agency, county, or judicial district should receive a monetary reward to continue those practices.  (c) The award would represent a portion of the monetary savings from the costs that would have been incurred had the state agency, county, or judicial district not reduced its impact on the Division of Correction.  (d) The goal of this subchapter is to align state and local fiscal incentives by rewarding the Division of Community Correction, county governments, and judicial districts for each entity's role in reducing its impact on the Division of Correction.
AR Code § 16-99-102 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 99 - Performance Incentive Funding for Recidivism and Crime Reduction|Subchapter 1 - Performance Incentive Act of 2011|§ 16-99-102. Program authorized — Administration

 (a) Costs averted due to a reduction in commitments to the Division of Correction or a reduction in the period of time served in the Division of Correction, to the extent possible, shall be reinvested into those state agencies, counties, or judicial districts as an incentive to further the crime and recidivism reduction strategies being employed.  (b) The Division of Community Correction shall be the recipient of incentive funds upon meeting the requirements set out in this subchapter.  (c)  (1) Counties, multicounty partnerships, and judicial districts shall be eligible to apply for participation in the performance incentive funding program set out in this subchapter on the reduction in the Division of Correction's population.  (2) Participation in the program will be determined through a competitive grant process.    (d) The Board of Corrections shall have the authority to manage the program and administer the grant funds to appropriate applicants and the Division of Community Correction.  (e)  (1) Subject to the available funding, the Division of Community Correction shall manage and administer grant funds to itself and counties, multicounty partnerships, and judicial districts in order to implement the policies and programs authorized by this program.  (2) These shall be one-time-only grants not contingent on measured performance.  (3) All future funding under this section shall be tied to measured performance.
AR Code § 16-99-104 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 99 - Performance Incentive Funding for Recidivism and Crime Reduction|Subchapter 1 - Performance Incentive Act of 2011|§ 16-99-104. Implementation

 The Board of Corrections shall:   (1) Establish rules for counties, multicounty partnerships, or judicial districts to apply for funds under this subchapter;  (2) Calculate and determine the baseline for the Division of Community Correction's revocation rate and for the Division of Correction's commitments' length of stay for evaluation purposes; and  (3) Calculate the averted costs to determine the amount to redirect to successful applicants who qualify for funds awarded under the performance incentive funding program.
AR Code § 16-100-101 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 100 - Mental Health and the Criminal Justice System|Subchapter 1 - General Provisions|§ 16-100-101. Definitions

 As used in this chapter:   (1) “Evidence-based practices” means supervision, policies, procedures, and practices proven through research to reduce recidivism;  (2) “Mental illness” means a condition of a person who has or has had in the past a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria specified by the Diagnostic and Statistical Manual of Mental Disorders as it existed on January 1, 2017, that has resulted in functional impairment that substantially interferes with or limits one (1) or more major life activities; and  (3) “Validated risk-needs assessment” means a determination of a person's risk of reoffending and the needs that, when addressed, reduce the risk of reoffending through the use of an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior.
AR Code § 16-100-201 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 100 - Mental Health and the Criminal Justice System|Subchapter 2 - Mental Health Specialty Courts|§ 16-100-201. Authorization — Evaluation — Restriction on services and treatment

 (a) A judicial district may establish a mental health specialty court program, which shall consist of at least one (1) mental health specialty court, subject to approval by the Supreme Court in the administrative plan submitted under Supreme Court Administrative Order No. 14.  (b) A mental health specialty court program authorized under this subchapter is also subject to evaluation by the Specialty Court Program Advisory Committee under § 16-10-139.  (c)  (1) A mental health specialty court may not order any services or mental health treatment under this subchapter unless:  (A) An administrative and programmatic appropriation has been made for services or mental health treatment under this subchapter;  (B) Administrative and programmatic funding is available for services or mental health treatment under this subchapter; and  (C) Administrative and programmatic positions have been authorized for services or mental health treatment under this subchapter.    (2) If the requirements of subdivision (c)(1) of this section are not met, a mental health specialty court may still order services or mental health treatment if the provider waives payment, or if the mental health specialty court program participant has private insurance that will pay for the services or mental health treatment.
AR Code § 16-100-202 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 100 - Mental Health and the Criminal Justice System|Subchapter 2 - Mental Health Specialty Courts|§ 16-100-202. Goals of mental health specialty court program

 (a) The goals of a mental health specialty court program established under this subchapter include the following:  (1) Integration of mental health treatment with criminal justice system case processing;  (2) Use of a nonadversarial approach in which the prosecution and defense promote public safety while protecting the right of a mental health specialty court program participant to due process;  (3) Early identification of eligible mental health specialty court program participants, with the use of a validated risk-needs assessment, and prompt placement of eligible mental health specialty court program participants;  (4) Access to a continuum of treatment, rehabilitation, and related services for mental health specialty court program participants;  (5) Periodic testing for alcohol and controlled substances at the discretion of the mental health specialty court, if a mental health specialty court program participant has been identified as a user of alcohol or controlled substances;  (6) A coordinated strategy among the mental health specialty court judge, prosecution, defense, and mental health treatment providers to govern the compliance of a mental health specialty court program participant with the mental health specialty court program;  (7) Ongoing judicial interaction with each mental health specialty court program participant;  (8) Monitoring and evaluation of the achievement of mental health specialty court program goals and effectiveness;  (9) Continuing interdisciplinary education to promote effective planning, implementation, and operation of the mental health specialty court program; and  (10) Development of partnerships with public agencies and community-based organizations to generate local support and enhance mental health specialty court program effectiveness.    (b) Mental health specialty court program success is determined by the rate of recidivism of all mental health specialty court program participants, including mental health specialty court program participants who do not graduate from the mental health specialty court program.
AR Code § 16-100-203 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 100 - Mental Health and the Criminal Justice System|Subchapter 2 - Mental Health Specialty Courts|§ 16-100-203. Establishment of mental health specialty court

 (a) A mental health specialty court is a specialized court within the existing structure of the court system.  (b) A mental health specialty court program shall offer judicial monitoring of intensive mental health treatment and strict supervision of mental health specialty court program participants.  (c) The creation of a mental health specialty court and the appointment of a circuit judge to the mental health specialty court shall be approved by the administrative judge in each judicial circuit and made a part of the judicial circuit's administrative plan required by Supreme Court Administrative Order No. 14.
AR Code § 16-100-204 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 100 - Mental Health and the Criminal Justice System|Subchapter 2 - Mental Health Specialty Courts|§ 16-100-204. Administration of mental health specialty court program

 (a) A mental health specialty court program may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems.  (b)  (1) The administrative judge of the judicial district shall designate one (1) or more circuit judges to be mental health specialty court judges and to administer the mental health specialty court program.  (2) If a county is in a judicial district that does not have a circuit judge who is able to administer the mental health specialty court program on a consistent basis, the administrative plan for the judicial circuit required by Supreme Court Administrative Order No. 14 may designate a district court judge to be a mental health specialty court judge and to administer the mental health specialty court program.    (c) A mental health specialty court team shall be designated by a mental health specialty court judge and may include:  (1) A circuit judge;  (2) A prosecuting attorney;  (3) A public defender or private defense attorney;  (4) One (1) or more healthcare providers with experience in the field of mental health treatment;  (5) One (1) or more probation officers;  (6) One (1) or more private mental health treatment provider representatives with experience in the field of mental health treatment; and  (7) Any other individual determined necessary by the mental health specialty court judge.    (d) Each judicial district may develop a training and implementation manual for the mental health specialty court program with the assistance of the:  (1) Department of Human Services;  (2) Department of Health;  (3) Division of Community Correction;  (4) Administrative Office of the Courts; and  (5) Other federal, state, and local agencies, organizations, or entities with an established history of expertise in mental health conditions.
AR Code § 16-100-205 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 100 - Mental Health and the Criminal Justice System|Subchapter 2 - Mental Health Specialty Courts|§ 16-100-205. Eligible persons — Waiver of certain rights

 (a) A person is eligible for participation in a mental health specialty court program if:  (1) The person has a mental illness;  (2) The person is charged with a criminal offense other than a criminal offense listed in subsection (b) of this section;  (3) The person waives his or her rights to a speedy trial and other rights as determined by the mental health specialty court and executes a consent for a limited release of confidential information regarding mental health treatment permitting the mental health specialty court, the prosecuting attorney, and the defense attorney access to information relating to attendance, attitude, participation, results of drug screens if ordered, and all pertinent medical records; and  (4)  (A) The person is eighteen (18) years of age or older.  (B) Subdivision (a)(4)(A) of this section may be waived with the consent of the prosecuting attorney.      (b) A person charged with one (1) or more of the following offenses is ineligible to participate in a mental health specialty court program:  (1) A serious felony involving violence as defined in § 5-4-501(c)(2);  (2) A felony offense that would require the person to register as a sex offender; or  (3) An offense specifically excluded by the rules of a specific mental health specialty court program.    (c) This subchapter does not require a mental health specialty court to consider or accept every person with a treatable mental health condition, regardless of the fact that the criminal offense for which the person is charged is eligible for consideration in the mental health specialty court program.  (d) A person who is denied entry into a mental health specialty court program is subject to prosecution for the criminal offense with which he or she was charged as provided by law.  (e) A mental health specialty court may require the circuit court clerk or probate clerk to submit to the Arkansas Crime Information Center a copy of an order transferring a person to the mental health specialty court.
AR Code § 16-100-206 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 100 - Mental Health and the Criminal Justice System|Subchapter 2 - Mental Health Specialty Courts|§ 16-100-206. Transfer of cases

 (a) A circuit court or district court that determines, on the circuit court's or district court's own motion or upon application by a person charged with but not yet convicted of a criminal offense in the court, that the person may be better served in a mental health specialty court program may transfer the case to the mental health specialty court if the person charged with the criminal offense would otherwise be eligible to enter into a mental health specialty court program.  (b)  (1) The person charged with a criminal offense whose case the circuit court or district court is attempting to transfer to a mental health specialty court may oppose the transfer.  (2)  (A) A person who opposes a transfer of his or her case to a mental health specialty court under this subsection shall be appointed counsel if he or she has not already retained counsel or had counsel retained for him or her by another person or entity.  (B) If after consulting his or her counsel the person still opposes the transfer of his or her case to a mental health specialty court, the case shall remain on the current docket and shall proceed under the normal course of that circuit court's or district court's docket.