Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 100 - MENTAL HEALTH AND THE CRIMINAL JUSTICE SYSTEM (§§ 16-100-101 — 16-100-209) › Subchapter 2 - MENTAL HEALTH SPECIALTY COURTS (§§ 16-100-201 — 16-100-209) › Section 16-100-209 - Costs and fees

(a)
The mental health specialty court may order the mental health specialty court program participant to pay:
(1)
Court costs as provided in §
16-10-305
;
(2)
Healthcare and treatment costs not otherwise covered by the health insurance of the mental health specialty court program participant;
(3)
Drug testing costs;
(4)
A mental health specialty court 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 Division of Community Correction;
(7)
Global Positioning System monitoring costs; and
(8)
Continual alcohol monitoring fees.
(b)
(1)
The mental health specialty court shall establish a schedule for the payment of costs and fees.
(2)
The cost for health care, treatment, drug testing, continual alcohol monitoring if ordered, and supervision shall be set by the treatment and supervision providers respectively and made part of the order for payment of the mental health specialty court.
(3)
Mental health specialty court user fees shall be set by the mental health specialty court.
(4)
Health care, treatment, drug testing, continual 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 division.
(6)
(A)
All court costs and mental health specialty court program user fees assessed by the mental health specialty court shall be paid to the circuit court clerk or district court clerk, as applicable, 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)
Mental health specialty court program user fees shall be credited to a fund to be known as the "mental health specialty court program fund" and appropriated by the quorum court for the county in which the mental health specialty court program participant committed the offense for which he or she is charged for the benefit and administration of the mental health specialty court program.
(7)
Court orders for costs and fees shall remain an obligation of the mental health specialty court program participant with mental health specialty court monitoring until fully paid.
(c)
All costs and fees under this section may be fully or partially waived by the mental health specialty court upon a showing of indigency.
Amended by Act 2019, No. 385,§ 2, eff. 7/24/2019.
Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.