reglab/statecodes huggingface dataset:
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 98 - TREATMENT FOR DRUG ABUSE (§§ 16-98-201 — 16-98-307) › Subchapter 3 - ARKANSAS DRUG COURT ACT (§§ 16-98-301 — 16-98-307) › Section 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.
Amended by Act 2015, No. 895,§ 36, eff. 4/1/2015.
Amended by Act 2013, No. 282,§ 12, eff. 3/6/2013.
Acts 2003, No. 1266, § 4; 2009, No. 490, § 1.
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 98 - TREATMENT FOR DRUG ABUSE (§§ 16-98-201 — 16-98-307) › Subchapter 3 - ARKANSAS DRUG COURT ACT (§§ 16-98-301 — 16-98-307) › Section 16-98-307 - [Repealed]

Repealed by Act 2015, No. 895,§ 41, eff. 4/1/2015.
Amended by Act 2013, No. 1107,§ 16, eff. 8/16/2013.
Acts 2007, No. 1022, § 5; 2011, No. 5, § 1.
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 99 - PERFORMANCE INCENTIVE FUNDING FOR RECIDIVISM AND CRIME REDUCTION (§§ 16-99-101 — 16-99-105) › Section 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.
Amended by Act 2019, No. 910,§ 953, eff. 7/1/2019.
Acts 2011, No. 570, § 117.
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 99 - PERFORMANCE INCENTIVE FUNDING FOR RECIDIVISM AND CRIME REDUCTION (§§ 16-99-101 — 16-99-105) › Section 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.
Amended by Act 2019, No. 910,§ 954, eff. 7/1/2019.
Acts 2011, No. 570, § 117.
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 99 - PERFORMANCE INCENTIVE FUNDING FOR RECIDIVISM AND CRIME REDUCTION (§§ 16-99-101 — 16-99-105) › Section 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.
Amended by Act 2019, No. 315,§ 1319, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 959, eff. 7/1/2019.
Acts 2011, No. 570, § 117.
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 1 - GENERAL PROVISIONS (§ 16-100-101) › Section 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.
Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.
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 16-100-201 - 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.
Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.
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 16-100-202 - 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.
Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.
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 16-100-203 - 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.
Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.
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 16-100-204 - 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.
Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.
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 16-100-205 - 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.
Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.
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 16-100-206 - 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.
Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.
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 16-100-207 - Mental health treatment under program - Failure to comply with program

(a)
(1)
A mental health specialty court shall order mental health treatment for a mental health specialty court program participant for at least six (6) months.
(2)
Any mental health treatment ordered under subdivision (a)(1) of this section shall meet the minimum standards of mental health treatment promulgated by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.
(b)
A mental health specialty court program participant may be removed from a mental health specialty court program by the mental health specialty court following a hearing with notice and an opportunity for the mental health specialty court program participant to be heard, if:
(1)
The mental health specialty court program participant:
(A)
Knowingly fails to abide by the terms and conditions of the mental health specialty court program; or
(B)
Is not suffering from a recognized mental illness in the opinion of a healthcare provider or mental health specialist assigned or ordered by the mental health specialty court to determine whether or not the mental health specialty court program participant suffers from a recognized mental illness; or
(2)
The mental health specialty court finds that retaining the mental health specialty court program participant in a mental health specialty court program does not serve the best interests of justice, the public, the state, or the mental health specialty court program participant.
(c)
If a mental health specialty court program participant is removed from a mental health specialty court program for any of the reasons set out under subsection (b) of this section, the mental health specialty court program participant's case shall be transferred to the appropriate court having jurisdiction.
Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.
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 16-100-208 - Completion of program - Dismissal of case - Sealing of record

(a)
Upon the mental health specialty court's own motion or upon a request from a mental health specialty court program participant or his or her attorney, a mental health specialty court may order dismissal of the case against the mental health specialty court program participant and the sealing of the record if:
(1)
The mental health specialty court program participant has successfully completed the mental health specialty court program, as determined by the mental health specialty court;
(2)
The mental health specialty court program participant has received aftercare programming or a course of continuing mental health treatment if recommended by the mental health specialty court program participant's healthcare provider;
(3)
The mental health specialty court has received a recommendation from the prosecuting attorney for dismissal of the case and the sealing of the record; and
(4)
The mental health specialty court, after considering the mental health specialty court program participant's criminal history, determines that dismissal of the case and the sealing of the record are appropriate.
(b)
Unless otherwise ordered by the mental health specialty court, sealing of the record under this section shall be as described in the Comprehensive Criminal Record Sealing Act of 2013, §
16-90-1401
et seq.
(c)
If a mental health specialty court program participant has successfully completed the program and has his or her case dismissed under this section, he or she may petition the mental health specialty court for relief from disability to restore the mental health specialty court program participant's right to purchase a firearm and to otherwise be removed from the Federal Bureau of Investigation's National Instant Criminal Background Check System database.
Added by Act 2017, No. 506,§ 1, eff. 8/1/2017.
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 101 - VETERANS TREATMENT SPECIALTY COURT PROGRAMS (§§ 16-101-101 — 16-101-106) › Section 16-101-101 - Specialty court authorized - Program authorized - Evaluation - Restriction on services and treatment

(a)
A circuit court may establish a veterans treatment specialty court program, subject to approval by the Supreme Court in the administrative plan submitted under Supreme Court Administrative Order No. 14.
(b)
A veterans treatment specialty court is a specialized court within the existing structure of the court system.
(c)
The goals of the veterans treatment specialty court program shall be consistent with standards adopted by the United States Department of Justice and the National Association of Drug Court Professionals, as they existed on January 1, 2021.
(d)
A veterans treatment specialty court program is subject to evaluation by the Specialty Court Program Advisory Committee under §
16-10-139
.
(e)
(1)
A veterans treatment specialty court may not order any services, including mental health or substance use disorder treatment under this chapter unless:
(A)
An administrative and programmatic appropriation has been made for the services;
(B)
Administrative and programmatic funding is available for the services; and
(C)
Administrative and programmatic positions have been authorized for the services.
(2)
If the requirements of subdivision (e)(1) of this section are not met, a veterans treatment specialty court may still order services if the provider waives payment or if the specialty court participant has private insurance that will pay for the services.
Added by Act 2021, No. 58,§ 3, eff. 7/28/2021.
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 101 - VETERANS TREATMENT SPECIALTY COURT PROGRAMS (§§ 16-101-101 — 16-101-106) › Section 16-101-102 - Administration of veterans treatment specialty court program

(a)
A veterans treatment specialty court program may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial system.
(b)
Each veterans treatment specialty court shall develop a policy and procedure manual for the veterans treatment specialty court program.
(c)
The veterans treatment specialty court program shall offer judicial monitoring with intensive substance use disorder treatment, mental health treatment, and strict supervision of high-risk, high-need defendants as determined by a validated risk-needs assessment tool.
(d)
(1)
A veterans treatment specialty court program team shall be designated by the veterans treatment specialty court judge to manage the veterans treatment specialty court docket.
(2)
Veterans treatment specialty court team members shall include:
(A)
A circuit judge or state district court judge;
(B)
A prosecuting attorney;
(C)
A public defender or private defense attorney;
(D)
One (1) or more probation officers employed by the Division of Community Correction;
(E)
One (1) or more treatment providers with experience in the fields of mental health and substance use disorder treatment;
(F)
One (1) or more local law enforcement agency representatives;
(G)
One (1) or more veterans justice outreach specialists; and
(H)
Any other individuals determined necessary by the veterans treatment specialty court judge.
(e)
A veterans treatment specialty court program may be pre-adjudication or post-adjudication.
(f)
If the veterans treatment specialty court utilizes a case management system that allows for the collection and processing of data, the veterans treatment specialty court shall collect and provide monthly data on veterans treatment specialty court program applicants and all participants as required by the Specialty Court Program Advisory Committee in accordance with rules promulgated under §
10-3-2901
.
Added by Act 2021, No. 58,§ 3, eff. 7/28/2021.
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 101 - VETERANS TREATMENT SPECIALTY COURT PROGRAMS (§§ 16-101-101 — 16-101-106) › Section 16-101-103 - Eligibility

A person is eligible for participation in a veterans treatment specialty court program if the person:
(1)
Has a substance use disorder or mental health disorder;
(2)
Is eighteen (18) years of age or older;
(3)
Is a veteran or a service member of the United States Armed Forces or National Guard; and
(4)
Agrees to comply with the policies and procedures developed by the veterans treatment specialty court.
Added by Act 2021, No. 58,§ 3, eff. 7/28/2021.
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 101 - VETERANS TREATMENT SPECIALTY COURT PROGRAMS (§§ 16-101-101 — 16-101-106) › Section 16-101-105 - Presiding judge

(a)
If a judicial district chooses to create and administer a veterans treatment specialty court, subject to Arkansas Constitution, Amendment 80, the administrative judge of the judicial district shall designate one (1) or more circuit judges to be the veterans treatment specialty court judges and to administer the veterans treatment specialty court program.
(b)
If a county is in a judicial district that does not have a circuit judge who is able to administer the veterans treatment specialty court program on a consistent basis, the administrative plan for the judicial circuit required by Supreme Court Administrative Order No. 14 and the administrative plan for the district court pursuant to Supreme Court Administrative Order No. 18 may designate a state district court judge to be a veterans treatment specialty court judge and to administer the veterans treatment specialty court program.
Added by Act 2021, No. 58,§ 3, eff. 7/28/2021.
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 101 - VETERANS TREATMENT SPECIALTY COURT PROGRAMS (§§ 16-101-101 — 16-101-106) › Section 16-101-106 - Completion of program - Dismissal of case - Sealing of record

(a)
A veterans treatment specialty court judge, on his or her own motion or upon request from a veterans treatment specialty court program participant, may order dismissal of a veterans treatment specialty court program participant's case if:
(1)
The veterans treatment specialty court program participant has successfully completed the veterans treatment specialty court program, as determined by the veterans treatment specialty court judge;
(2)
The veterans treatment specialty court judge has received a recommendation from the prosecuting attorney for dismissal of the veterans treatment specialty court program participant's case and the sealing of the record; and
(3)
The veterans treatment specialty court judge, after considering the veterans treatment specialty court program participant's past criminal history, determines that the dismissal of the veterans treatment specialty court program participant's case and the sealing of the record are appropriate.
(b)
(1)
Except as provided in subdivision (b)(2) of this section, if the veterans treatment specialty court program participant has pleaded guilty or nolo contendere to or has been found guilty of an offense falling within a target group under §
16-93-1202(10)(A)(i)
in another circuit court in this state, the veterans treatment specialty court judge may order dismissal of the veterans treatment specialty court program participant's case and the sealing of the record for an offense falling within the target group with the written concurrence of the other circuit court.
(2)
The following offenses are not eligible for sealing under subdivision (b)(1) of this section:
(A)
Residential burglary, §
5-39-201(a)
;
(B)
Commercial burglary, §
5-39-201(b)
;
(C)
Breaking or entering, §
5-39-202
; and
(D)
Driving or boating while intoxicated, §
5-65-103
.
(c)
Unless otherwise ordered by the veterans treatment specialty court judge, sealing under this subsection shall be as described in the Comprehensive Criminal Record Sealing Act of 2013, §
16-90-1401
et seq.
Added by Act 2021, No. 58,§ 3, eff. 7/28/2021.
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 102 - DWI/BWI SPECIALTY COURT PROGRAMS (§§ 16-102-101 — 16-102-102) › Section 16-102-101 - Specialty court authorized - Program authorized - Evaluation - Restriction on services and treatment

(a)
A district court may establish a DWI/BWI specialty court program for persons convicted of driving or boating while intoxicated, §
5-65-103
, subject to approval by the Supreme Court in the administrative plan submitted under Supreme Court Administrative Order No. 18.
(b)
A DWI/BWI specialty court is a specialized court within the existing structure of the court system.
(c)
The goals of the DWI/BWI specialty court program shall be consistent with standards adopted by the United States Department of Justice and recommended by the National Center for DWI Courts, as they existed on January 1, 2021.
(d)
A DWI/BWI specialty court program authorized under this chapter is subject to evaluation by the Specialty Court Program Advisory Committee under §
16-10-139
.
(e)
(1)
A DWI/BWI specialty court program may not order any services, including mental health or substance use disorder treatment under this chapter unless:
(A)
An administrative and programmatic appropriation has been made for the services;
(B)
Administrative and programmatic funding is available for the services; and
(C)
Administrative and programmatic positions have been authorized for the services.
(2)
If the requirements of subdivision (e)(1) of this section are not met, a DWI/BWI specialty court may still order the services if the provider waives payment or if the DWI/BWI specialty court program participant has private insurance that will pay for the services.
Added by Act 2021, No. 58,§ 4, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 2 - ROADHOUSES, TOURIST CAMPS, ETC (§§ 16-105-201 — 16-105-211) › Section 16-105-201 - Definition

As used in this subchapter, unless the context otherwise requires, "owner" means any person, persons, or corporation having an actual legal interest, vested in possession, in any building or place that may become a public nuisance under the provisions of this subchapter.
Acts 1915, No. 109, § 8; C. & M. Dig., § 6203; Pope's Dig., § 10925; A.S.A. 1947, § 34-108.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 2 - ROADHOUSES, TOURIST CAMPS, ETC (§§ 16-105-201 — 16-105-211) › Section 16-105-202 - Subchapter cumulative

This subchapter shall not repeal any law or laws prohibiting or regulating the sale of intoxicating liquors now in force, but shall be cumulative to all laws now in force.
Acts 1915, No. 109, § 9; C. & M. Dig., § 6205; Pope's Dig., § 10927; A.S.A. 1947, § 34-110.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 2 - ROADHOUSES, TOURIST CAMPS, ETC (§§ 16-105-201 — 16-105-211) › Section 16-105-203 - Penalties

(a)
If any person shall break into or enter or use any building or place while closed under a preliminary injunction granted under the provisions of this subchapter or shall violate any permanent injunction under the provisions of this subchapter, he or she shall be subject to punishment for contempt.
(b)
Upon conviction for the contempt, the person shall be guilty of a Class B misdemeanor. The building or place shall be closed and not thereafter used for any purpose whatever for a period of twelve (12) months, except by order of the court having cognizance of the case.
Acts 1915, No. 109, § 7; C. & M. Dig., § 6202; Pope's Dig., § 10924; A.S.A. 1947, § 34-107; Acts 2005, No. 1994, § 397.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 2 - ROADHOUSES, TOURIST CAMPS, ETC (§§ 16-105-201 — 16-105-211) › Section 16-105-204 - Public nuisance created by certain unlawful acts and materials

(a)
The conducting, maintaining, carrying on, or engaging in the sale of alcoholic liquors, including wines and beer of all kinds, in violation of any of the laws of this state, in any building, structure, or place within this state, and the conducting, maintaining, carrying on, or engaging in the operation of any so-called roadhouses or other similar places of entertainment, of any so-called tourist camp, of any public dance hall or place, or of any nudist camp or club or building or place used to practice nudism, in violation of any of the laws of this state, and all means, appliances, fixtures, appurtenances, materials, and supplies used for the purpose of conducting, maintaining, or carrying on of either of such unlawful or unlawfully operated businesses or occupations or practices or places of business or occupation or practice, are declared to be public nuisances and may be abated under the provisions of this subchapter.
(b)
Any person, persons, association, partnership, firm, or corporation conducting, maintaining, carrying on, or engaging in any of the businesses or occupations or practices or undertakings pursuant to subsection (a) of this section that shall suffer or permit violations of any of the laws of this state in, upon, or about the premises operated or maintained by him, her, them, or it shall be deemed and held to be conducting, maintaining, carrying on, and engaging in the business, occupation, practice, or undertaking in violation of the laws of this state.
Acts 1915, No. 109, § 1; C. & M. Dig., § 6196; Acts 1937, No. 331, § 1; Pope's Dig., § 10918; Acts 1957, No. 188, § 1; A.S.A. 1947, § 34-101.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 2 - ROADHOUSES, TOURIST CAMPS, ETC (§§ 16-105-201 — 16-105-211) › Section 16-105-205 - Jurisdiction - Parties who may bring action

Jurisdiction is conferred upon the circuit courts of this state to abate the public nuisances defined in §
16-105-204
, upon petition in the name of the state, upon relation of the Attorney General or any prosecuting attorney of the state, or without the concurrence of the officers, upon the relation of five (5) or more citizens and freeholders of the county wherein the public nuisances may exist, in the manner provided in this subchapter.
Acts 1915, No. 109, § 2; C. & M. Dig., § 6197; Pope's Dig., § 10919; A.S.A. 1947, § 34-102; Acts 2003, No. 1185, § 221.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 2 - ROADHOUSES, TOURIST CAMPS, ETC (§§ 16-105-201 — 16-105-211) › Section 16-105-206 - Petition for abatement

(a)
Whenever a public nuisance, as defined in this subchapter, is kept, maintained, carried on, or exists in any county in this state, a bill or petition may be filed in any circuit court of the county, in the name of the state, by and upon the relation of any persons named in §
16-105-205
, against the person or persons keeping, maintaining, or carrying on the public nuisance, and all aiders and abettors therein, and the owners, proprietors, or agents or persons or corporations, in charge or control of the building or place wherein the public nuisance exists, for the purpose of having the public nuisance abated and permanently discontinued.
(b)
(1)
However, when a bill or petition is filed by citizens and freeholders, they shall make bond in such sums as the circuit court shall prescribe, conditioned to pay all costs and damages, in the event the circuit court trying the case shall find and adjudge that the proceeding was instituted without probable cause.
(2)
No bond for costs or damages shall be required when the proceeding is instituted by and upon the relation of the Attorney General or a prosecuting attorney for the state.
Acts 1915, No. 109, § 3; C. & M. Dig., § 6198; Pope's Dig., § 10920; A.S.A. 1947, § 34-103; Acts 2003, No. 1185, § 221.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 2 - ROADHOUSES, TOURIST CAMPS, ETC (§§ 16-105-201 — 16-105-211) › Section 16-105-207 - Hearings for temporary and permanent injunction - Bond - Notice

(a)
(1)
In the proceedings, the circuit court, upon the presentation of a bill therefor alleging that the public nuisance complained of exists, shall award a temporary injunction, with such bond as required by law in cases where the bill is filed by citizens and freeholders.
(2)
However, no bond shall be required when the bill or petition is filed by the officers mentioned in this subchapter if it shall be made to appear to the satisfaction of the circuit court, by evidence in the form of a due and proper verification of the bill or petition under oath, or of affidavits, depositions, oral testimony, or otherwise, as the complainants or petitioners may elect, that the allegations of the bill or petition are true, enjoining and restraining the further continuance of the public nuisance, and the closing of the building or place wherein the public nuisance is conducted until the further order of the circuit court.
(b)
(1)
Five (5) days' notice in writing shall be given the defendant of the hearing of an application for a permanent injunction, but no notice shall be required of the hearing of a temporary injunction. If a hearing is continued at the instance of defendant, the writ as prayed for shall be granted as a matter of course.
(2)
When the injunction has been granted, it shall be binding upon the defendant throughout the county until modified or set aside by the circuit court having cognizance of the case.
(3)
Any violation thereof, by the defendant or upon his or her procurement, shall be a contempt of court and punished as provided in §
16-105-203
.
Acts 1915, No. 109, § 4; C. & M. Dig., § 6199; Pope's Dig., § 10921; A.S.A. 1947, § 34-104; Acts 2003, No. 1185, § 221.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 2 - ROADHOUSES, TOURIST CAMPS, ETC (§§ 16-105-201 — 16-105-211) › Section 16-105-208 - Hearings for temporary and permanent injunction - Procedures

(a)
Upon the trial of all causes pursuant to this subchapter, evidence of the general reputation of the building or place where the public nuisance is alleged to exist shall be admissible for the purpose of proving or tending to prove the existence of the public nuisance.
(b)
(1)
The fact that the defendant has paid the internal revenue special tax as a retail liquor dealer or is in possession of an internal revenue tax stamp as a retail liquor dealer shall be prima facie evidence of sales of intoxicating liquors by the defendant during the time for which he or she has paid the internal revenue special tax.
(2)
Copies of the records of the office of the Internal Revenue Service showing that the defendant has paid the internal revenue special tax shall be admissible in evidence in the proceeding when the copies are certified to be full, true, and complete by the district internal revenue collector.
Acts 1915, No. 109, § 5; C. & M. Dig., § 6200; Pope's Dig., § 10922; A.S.A. 1947, § 34-105; Acts 2003, No. 1185, § 221.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 2 - ROADHOUSES, TOURIST CAMPS, ETC (§§ 16-105-201 — 16-105-211) › Section 16-105-209 - Order of abatement

(a)
If, upon the trial of a cause pursuant to this subchapter, the existence of the public nuisance is established, an order of abatement shall be entered as part of the judgment or decree of the circuit court.
(b)
(1)
The order shall direct the removal from the building or place wherein the public nuisance exists or is maintained of all means, appliances, fixtures, appurtenances, materials, supplies, and instrumentalities used for the purpose of conducting, maintaining, or carrying on the unlawful business or occupation constituting the public nuisance and shall direct the sale thereof, or such portion thereof as may be lawfully sold, upon terms as the circuit court may order, and the payment of the proceeds into the circuit court to be applied to costs or paid over to the owner, and destruction of the portion thereof, if any, as cannot be lawfully sold within this state.
(2)
The judgment or decree shall perpetually enjoin the defendants from engaging in, conducting, continuing, or maintaining the public nuisance, directly or indirectly, by themselves or their agents or representatives, and perpetually forbid the owner of the building from permitting or suffering the same to be done or carried on in the building or place.
Acts 1915, No. 109, § 6; C. & M. Dig., § 6201; Pope's Dig., § 10923; A.S.A. 1947, § 34-106.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 2 - ROADHOUSES, TOURIST CAMPS, ETC (§§ 16-105-201 — 16-105-211) › Section 16-105-210 - Proceedings against two or more owners

(a)
When one (1) of two (2) or more joint owners has been served with the notice prescribed in this subchapter, the cause shall proceed against the owner on whom notice has been served, and the proceeding shall not be a bar to subsequent proceedings against one (1) or all of the joint owners not heretofore proceeded against.
(b)
If the notice prescribed in this subchapter cannot be served on the owner or owners of the building or place that may become a public nuisance under the provisions of this subchapter, by reason of nonresidence or otherwise, then and in that case, notice may be served on any agent or agents or trustee that may have charge of, or be in control of, the building or place, and the cause shall proceed against the agent, agents, or trustee in all respects as if he or she or they were the actual owner or owners of the building or place.
Acts 1915, No. 109, § 8; C. & M. Dig., § 6203; Pope's Dig., § 10925; A.S.A. 1947, § 34-108.