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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-210 - Accused to be informed of demand - Habeas corpus

No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive the person unless he or she has been informed of the demand made for his or her surrender and of the crime with which he or she is charged and that he or she has the right to demand legal counsel; and if the prisoner, his or her friends, or counsel shall state that he or she or they desire to test the legality of the arrest, the prisoner shall be taken forthwith before a judge of a court of record in this state, who shall fix a reasonable time to be allowed the prisoner within which to apply for a writ of habeas corpus. And when such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the public prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.
Acts 1935, No. 126, § 10; Pope's Dig., § 6090; A.S.A. 1947, § 43-3010.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-211 - Penalty

Any officer who shall deliver to the agent for extradition of the demanding state a person in his or her custody under the Governor's warrant in disobedience to the last section shall be guilty of a misdemeanor, and on conviction shall be fined not more than one thousand dollars ($1,000) or be imprisoned not more than six (6) months, or both.
Acts 1935, No. 126, § 11; Pope's Dig., § 6091; A.S.A. 1947, § 43-3011.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-212 - Confining of accused in jail while en route

The officer or person executing the Governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may when necessary confine the prisoner in the jail of any county or city through which he or she may pass; and the keeper of such jail must receive and safely keep the prisoner until the person having charge of him or her is ready to proceed on his or her route, such person being chargeable with the expense of keeping.
Acts 1935, No. 126, § 12; Pope's Dig., § 6092; A.S.A. 1947, § 43-3012.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-213 - Arrest prior to requisition

Whenever any person within this state shall be charged on the oath of any credible person before any judge or other magistrate of this state with the commission of a crime in any other state, and, except in cases arising under §
16-94-206
, with having fled from justice; or whenever complaint shall have been made before any judge or other magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and except in cases arising under §
16-94-206
, has fled therefrom and is believed to have been found in this state, the judge or magistrate shall issue a warrant directed to the sheriff of the county in which the oath or complaint is filed directing him or her to apprehend the person charged, wherever he or she may be found in this state, and bring him or her before the same or any other judge, court, or magistrate who may be convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit; and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
Acts 1935, No. 126, § 13; Pope's Dig., § 6093; A.S.A. 1947, § 43-3013.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-214 - Arrest without warrant - Delivery to other state without Governor's warrant

(a)
The arrest of a person may be lawfully made also by an officer or a private citizen without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one (1) year; but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him or her under oath setting forth the ground for the arrest as in the last section; and thereafter his or her answer shall be heard as if he or she had been arrested on a warrant.
(b)
Notwithstanding any other law to the contrary, a law enforcement officer shall deliver a person in custody to the accredited agent or agents of a demanding state without the Governor's warrant provided that:
(1)
Such person is alleged to have broken the terms of his or her probation, parole, bail or any other release of the demanding state; and
(2)
The law enforcement agency has received from the demanding state an authenticated copy of a prior waiver of extradition signed by such person as a term of his or her probation, parole, bail or any other release of the demanding state. The copy shall contain photographs, fingerprints or other evidence properly identifying such person as the person who signed the waiver.
Acts 1935, No. 126, § 14; Pope's Dig., § 6094; A.S.A. 1947, § 43-3014; Acts 1995, No. 556, § 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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-215 - Jailing of accused by magistrate

If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and that he or she probably committed the crime, and, except in cases arising under §
16-94-206
, that he or she has fled from justice, the judge or magistrate must commit him or her to jail by a warrant reciting the accusation for such a time specified in the warrant as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in the next section, or until he or she shall be legally discharged.
Acts 1935, No. 126, § 15; Pope's Dig., § 6095; A.S.A. 1947, § 43-3015.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-216 - Bail

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the judge or magistrate must admit the person arrested to bail by bond or undertaking, with sufficient sureties, and in such sum as the judge or magistrate deems proper, for the prisoner's appearance before the judge or magistrate at a time specified in such bond or undertaking, and for the prisoner's surrender, to be arrested upon the warrant of the Governor of this state.
Acts 1935, No. 126, § 16; Pope's Dig., § 6096; A.S.A. 1947, § 43-3016.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-217 - Discharge of warrant

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, bond, or undertaking, the judge or magistrate may discharge the accused or may recommit the accused to a further day, or may again take bail for his or her appearance and surrender, as provided in §
16-94-216
; and at the expiration of the second period of commitment, or if the accused has been bailed and appeared according to the terms of his or her bond or undertaking, the judge or magistrate may either discharge the prisoner, or may require the prisoner to enter into a new bond or undertaking, to appear and surrender himself or herself at another day.
Acts 1935, No. 126, § 17; Pope's Dig., § 6097; A.S.A. 1947, § 43-3017.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-218 - Forfeiture of bond

If the prisoner is admitted to bail and fails to appear and surrender himself or herself according to the condition of his or her bond, the court by proper order shall declare the bond forfeited; and recovery may be had thereon in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state.
Acts 1935, No. 126, § 18; Pope's Dig., § 6098; A.S.A. 1947, § 43-3018.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-219 - Criminal prosecution in this state

If a criminal prosecution has been instituted against the person under the laws of this state and is still pending, the Governor at his or her discretion either may surrender him or her on the demand of the executive authority of another state or may hold him or her until the person has been tried and discharged or convicted and punished in this state.
Acts 1935, No. 126, § 19; Pope's Dig., § 6099; A.S.A. 1947, § 43-3019.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-220 - Pertinence of guilt or innocence of accused

The guilt or innocence of the accused as to the crime of which he or she is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime.
Acts 1935, No. 126, § 20; Pope's Dig., § 6100; A.S.A. 1947, § 43-3020.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-221 - Recall of warrant or issuance of alias

The Governor may recall his or her warrant of arrest or may issue another warrant whenever he or she deems proper.
Acts 1935, No. 126, § 21; Pope's Dig., § 6101; A.S.A. 1947, § 43-3021.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-222 - Issuance of warrant for fugitives from this state

Whenever the Governor of this state shall demand a person charged with crime in this state from the chief executive of any other state, or from the Chief Justice or an Associate Justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, he or she shall issue a warrant under the seal of this state, to some agent, commanding him or her to receive the person so charged if delivered to him or her and convey him or her to the proper officer of the county in this state in which the offense was committed.
Acts 1935, No. 126, § 22; Pope's Dig., § 6102; A.S.A. 1947, § 43-3022.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-223 - Obtaining Governor's requisition

When the return to this state of a person charged with crime in this state is required, the prosecuting attorney (of the county in which the offense is committed) shall present to the Governor his or her written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him or her, and the approximate time, place, and circumstances of its committal, the state in which he or she is believed to be, including the location of the accused therein at the time the application is made, and certifying that in the opinion of the said prosecuting attorney the ends of justice require the arrest and return of the accused to this state for trial, and that the proceeding is not instituted to enforce a private claim. The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two (2) certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the magistrate, stating the offense with which the accused is charged. The prosecuting officer may also attach such further affidavits and other documents in duplicate as he or she shall deem proper to be submitted with such application. One (1) copy of the application with the action of the Governor indicated by endorsement thereon, and one (1) of the certified copies of the indictment or complaint or information and affidavit, shall be filed in the office of the Secretary of State to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition.
Acts 1935, No. 126, § 23; Pope's Dig., § 6103; A.S.A. 1947, § 43-3023.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-224 - Expenses

When the punishment of the crime shall be the confinement of the criminal in the penitentiary, the expenses shall be paid out of the State Treasury, on the certificate of the Governor and warrant of the Auditor of State; and in all other cases they shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses shall be the fees paid to the officers of the state on whose governor the requisition is made, and not exceeding ............... cents a mile for all necessary travel in returning such prisoner.
Acts 1935, No. 126, § 24; Pope's Dig., § 6104; A.S.A. 1947, § 43-3024.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-225 - Immunity from service of process

A person brought into this state on extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he or she is returned, until he or she has been convicted in the criminal proceeding, or if acquitted, until he or she has had ample opportunity to return to the state from which he or she was extradited.
Acts 1935, No. 126, § 25; Pope's Dig., § 6105; A.S.A. 1947, § 43-3025.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-226 - Trial for other crimes

After a person has been brought back to this state upon extradition proceedings, he or she may be tried in this state for other crimes which he or she may be charged with having committed here, as well as that specified in the requisition for his or her extradition.
Acts 1935, No. 126, § 26; Pope's Dig., § 6106; A.S.A. 1947, § 43-3026.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-227 - Construction

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Acts 1935, No. 126, § 27; Pope's Dig., § 6107; A.S.A. 1947, § 43-3027.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-228 - Separability

If any part of this subchapter is for any reason declared void, such invalidity shall not affect the validity of the remaining portions of this subchapter.
Acts 1935, No. 126, § 28; A.S.A. 1947, § 43-3027n.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-229 - Repealer

All acts or parts of acts and administrative rules inconsistent with this subchapter are hereby repealed.
Acts 1935, No. 126, § 29; A.S.A. 1947, § 43-3027n.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-230 - Title

This subchapter may be cited as the "Uniform Criminal Extradition Act."
Acts 1935, No. 126, § 30; A.S.A. 1947, § 43-3028.
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 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-231 - Effective date

Whereas, under the present laws there is no effective way whereby the extradition of criminals may be effectively had; and,
Whereas, it is necessary for the preservation of the public peace, health and safety for an efficient statute covering the subject of extradition of criminals, an emergency is hereby declared and this subchapter shall take effect and be in force from and after its approval.
Acts 1935, No. 126, § 31; A.S.A. 1947, § 43-3028n.
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 95 - INTERSTATE AGREEMENT ON DETAINERS (§§ 16-95-101 — 16-95-107) › Section 16-95-102 - "Appropriate court."

The phrase "appropriate court" as used in the Agreement on Detainers shall, with reference to the courts of this state, mean any and all courts having jurisdiction over criminal matters.
Acts 1971, No. 705, § 2; A.S.A. 1947, § 43-3202.
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 95 - INTERSTATE AGREEMENT ON DETAINERS (§§ 16-95-101 — 16-95-107) › Section 16-95-103 - Enforcement

All courts, departments, agencies, officers, and employees of this state and its political subdivisions are directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
Acts 1971, No. 705, § 3; A.S.A. 1947, § 43-3203.
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 95 - INTERSTATE AGREEMENT ON DETAINERS (§§ 16-95-101 — 16-95-107) › Section 16-95-104 - Applicability of habitual offenders law

Nothing in this chapter shall be construed to require the application of any habitual offenders law to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of the Agreement on Detainers.
Acts 1971, No. 705, § 4; A.S.A. 1947, § 43-3204.
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 95 - INTERSTATE AGREEMENT ON DETAINERS (§§ 16-95-101 — 16-95-107) › Section 16-95-105 - Escape - Penalty

Any prisoner who shall escape from custody while in another state or jurisdiction pursuant to the Agreement on Detainers shall be guilty of a felony and upon conviction shall be sentenced to a term of not less than three (3) years nor more than five (5) years in the Division of Correction.
Amended by Act 2019, No. 910,§ 947, eff. 7/1/2019.
Acts 1971, No. 705, § 5; A.S.A. 1947, § 43-3205.
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 95 - INTERSTATE AGREEMENT ON DETAINERS (§§ 16-95-101 — 16-95-107) › Section 16-95-106 - Surrender of inmates

It shall be lawful and mandatory upon the superintendent or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the Agreement on Detainers.
Acts 1971, No. 705, § 6; A.S.A. 1947, § 43-3206.
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 95 - INTERSTATE AGREEMENT ON DETAINERS (§§ 16-95-101 — 16-95-107) › Section 16-95-107 - Administration

The Director of the Division of Correction or his or her designee is authorized to serve as central administrator of, and information agent for, the Agreement on Detainers.
Amended by Act 2017, No. 305,§ 2, eff. 8/1/2017.
Acts 1971, No. 705, § 7; A.S.A. 1947, § 43-3207.
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 96 - PROCEEDINGS IN INFERIOR COURTS (§§ 16-96-101 — 16-96-510) › Subchapter 1 - CITY COURTS (§§ 16-96-101 — 16-96-113) › Section 16-96-101 - [Repealed]

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023.
Crim. Code, § 310; C. & M. Dig., § 3287; Pope's Dig., § 4135; A.S.A. 1947, § 44-102.
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 96 - PROCEEDINGS IN INFERIOR COURTS (§§ 16-96-101 — 16-96-510) › Subchapter 1 - CITY COURTS (§§ 16-96-101 — 16-96-113) › Section 16-96-102 - [Repealed]

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023.
Crim. Code, § 313; C. & M. Dig., § 3296; Pope's Dig., § 4144; A.S.A. 1947, § 44-103.
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 96 - PROCEEDINGS IN INFERIOR COURTS (§§ 16-96-101 — 16-96-510) › Subchapter 1 - CITY COURTS (§§ 16-96-101 — 16-96-113) › Section 16-96-103 - [Repealed]

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023.
Crim. Code, § 301; C. & M. Dig., § 3284; Pope's Dig., § 4132; A.S.A. 1947, § 44-101.
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 96 - PROCEEDINGS IN INFERIOR COURTS (§§ 16-96-101 — 16-96-510) › Subchapter 1 - CITY COURTS (§§ 16-96-101 — 16-96-113) › Section 16-96-104 - [Repealed]

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023.
Crim. Code, §§ 300, 311; C. & M. Dig., §§ 3285, 3286; Pope's Dig., §§ 4133, 4134; A.S.A. 1947, §§ 44-104, 44-105; Acts 2005, No. 1994, § 279.
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 96 - PROCEEDINGS IN INFERIOR COURTS (§§ 16-96-101 — 16-96-510) › Subchapter 1 - CITY COURTS (§§ 16-96-101 — 16-96-113) › Section 16-96-105 - [Repealed]

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023.
Crim. Code, §§ 303, 304, 307; C. & M. Dig., §§ 3291, 3292, 3294; Pope's Dig., §§ 4139, 4140, 4142; A.S.A. 1947, §§ 44-106, 44-107, 44-109.
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 96 - PROCEEDINGS IN INFERIOR COURTS (§§ 16-96-101 — 16-96-510) › Subchapter 1 - CITY COURTS (§§ 16-96-101 — 16-96-113) › Section 16-96-106 - [Repealed]

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023.
Crim. Code, § 305; C. & M. Dig., § 3293; Pope's Dig., § 4141; A.S.A. 1947, § 44-108.
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 96 - PROCEEDINGS IN INFERIOR COURTS (§§ 16-96-101 — 16-96-510) › Subchapter 1 - CITY COURTS (§§ 16-96-101 — 16-96-113) › Section 16-96-107 - [Repealed]

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023.
Crim. Code, § 308; C. & M. Dig., § 3295; Pope's Dig., § 4143; A.S.A. 1947, § 44-110.
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 96 - PROCEEDINGS IN INFERIOR COURTS (§§ 16-96-101 — 16-96-510) › Subchapter 1 - CITY COURTS (§§ 16-96-101 — 16-96-113) › Section 16-96-108 - [Repealed]

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023.
Crim. Code, § 302; C. & M. Dig., § 3297; Pope's Dig., § 4145; A.S.A. 1947, § 44-111.
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 96 - PROCEEDINGS IN INFERIOR COURTS (§§ 16-96-101 — 16-96-510) › Subchapter 1 - CITY COURTS (§§ 16-96-101 — 16-96-113) › Section 16-96-109 - [Repealed]

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023.
Crim. Code, § 306; C. & M. Dig., § 3289; Pope's Dig., § 4137; A.S.A. 1947, § 44-112.
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 96 - PROCEEDINGS IN INFERIOR COURTS (§§ 16-96-101 — 16-96-510) › Subchapter 1 - CITY COURTS (§§ 16-96-101 — 16-96-113) › Section 16-96-110 - [Repealed]

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023.
Crim. Code, § 312; Acts 1871, No. 49, § 1 [312]; p. 256; C. & M. Dig., § 3288; Pope's Dig., § 4136; A.S.A. 1947, § 44-114.
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 96 - PROCEEDINGS IN INFERIOR COURTS (§§ 16-96-101 — 16-96-510) › Subchapter 1 - CITY COURTS (§§ 16-96-101 — 16-96-113) › Section 16-96-112 - [Repealed]

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023.
Acts 1897 (Ex. Sess.), No. 24, § 2; C. & M. Dig., § 7685; Acts 1935, No. 43, § 1; Pope's Dig., § 9814; A.S.A. 1947, § 44-116.
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 96 - PROCEEDINGS IN INFERIOR COURTS (§§ 16-96-101 — 16-96-510) › Subchapter 1 - CITY COURTS (§§ 16-96-101 — 16-96-113) › Section 16-96-113 - [Repealed]

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023.
Crim. Code, § 309; C. & M. Dig., § 3290; Pope's Dig., § 4138; A.S.A. 1947, § 44-113.
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 96 - PROCEEDINGS IN INFERIOR COURTS (§§ 16-96-101 — 16-96-510) › Subchapter 4 - FINES, PENALTIES, AND FORFEITURES (§§ 16-96-401 — 16-96-403) › Section 16-96-403 - Imposition by circuit court on appeal - Costs

The fines, penalties, forfeitures, and costs imposed by a circuit court for offenses which are misdemeanors or violations under state law or local ordinance or for traffic offenses which are misdemeanors or violations under state law or local ordinance in cases appealed from a court of limited jurisdiction shall be collected and disbursed in the following manner:
(1)
If the appeal proceeds to a de novo bench trial or jury trial, the fines, penalties, forfeitures, and costs imposed by the circuit court shall be collected under §
16-13-709
and paid to the county treasurer;
(2)
(A)
If the defendant pleads guilty or nolo contendere or the circuit court dismisses the appeal, including dismissals under Arkansas Rules of Criminal Procedure 36(h), the judgment of the court from which the appeal originated shall be affirmed.
(B)
(i)
The circuit court clerk shall notify in writing, within thirty (30) days of the affirmance or dismissal, the court from which the appeal originated of the affirmance or dismissal and shall return any bond or other security which has been transmitted to the circuit court.
(ii)
Upon receipt of the notice of affirmance or dismissal and the bond or other security, the court from which the appeal originated shall collect and disburse the fines, penalties, forfeitures, and costs under §§
14-44-108
,
14-45-106
,
16-10-209
,
16-10-308
, and
16-17-707
; and
(3)
Nothing in this section shall affect the right of a court of limited jurisdiction to require the defendant to post a bond or other security to guarantee the appearance of the defendant before the circuit court nor the ability of these courts to collect any fine, penalty, forfeiture, or costs imposed in the absence of the bond or other security.
Acts 1933, No. 148, § 1; Pope's Dig., § 11826; A.S.A. 1947, § 44-410; Acts 1995, No. 1252, § 1; 1997, No. 788, § 24; 1997, No. 1341, § 24; 1999, No. 1081, § 9; 2003, No. 1185, § 220; 2003, No. 1765, § 25; 2009, No. 633, § 17.
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 96 - PROCEEDINGS IN INFERIOR COURTS (§§ 16-96-101 — 16-96-510) › Subchapter 5 - APPEALS TO CIRCUIT COURT (§§ 16-96-501 — 16-96-510) › Section 16-96-503 - [Repealed]

Repealed by Act 2023, No. 177,§ 15, eff. 8/1/2023.
Crim. Code, § 354; Acts 1874, No. 18, § 1, p. 61; C. & M. Dig., § 3380; Pope's Dig., § 4223; A.S.A. 1947, § 44-501; Acts 2005, No. 1994, § 280.
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 96 - PROCEEDINGS IN INFERIOR COURTS (§§ 16-96-101 — 16-96-510) › Subchapter 5 - APPEALS TO CIRCUIT COURT (§§ 16-96-501 — 16-96-510) › Section 16-96-506 - Time of trial

All appeals to the circuit court in criminal cases shall stand for trial at any time after the transcript and papers are, or should have been, filed in the circuit court as provided in this subchapter.
Acts 1905, No. 151, § 3, p. 375; C. & M. Dig., § 3384; Pope's Dig., § 4227; Acts 1955, No. 68, § 1; A.S.A. 1947, § 44-506.
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 96 - PROCEEDINGS IN INFERIOR COURTS (§§ 16-96-101 — 16-96-510) › Subchapter 5 - APPEALS TO CIRCUIT COURT (§§ 16-96-501 — 16-96-510) › Section 16-96-507 - Trial de novo

Upon the appeal, the case shall be tried anew as if no judgment had been rendered, and the judgment shall be considered as affirmed if a judgment for any amount is rendered against the defendant, and thereupon he or she shall be adjudged to pay costs of the appeal.
Crim. Code, § 357; C. & M. Dig., § 3387; Pope's Dig., § 4230; A.S.A. 1947, § 44-509.
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 96 - PROCEEDINGS IN INFERIOR COURTS (§§ 16-96-101 — 16-96-510) › Subchapter 5 - APPEALS TO CIRCUIT COURT (§§ 16-96-501 — 16-96-510) › Section 16-96-508 - Judgment on default

If the appellant shall fail to appear in the circuit court when the case is set for trial or the judge or magistrate who tried the case shall fail to file the transcript and papers as provided in this subchapter and the appellant shall fail to appear and move the court for an order to compel the judge or magistrate to so file within the first three (3) days of the first term of the circuit court beginning more than ten (10) days after the appeal was prayed, then the circuit court may, unless good cause is shown to the contrary, affirm the judgment and enter judgment against the appellant for the same fine or penalty that was imposed in the court of limited jurisdiction, with costs. This judgment shall have the same force and effect as other judgments of the circuit court in cases of convictions or indictments for misdemeanors.
Acts 1905, No. 151, § 4, p. 375; C. & M. Dig., § 3385; Pope's Dig., § 4228; A.S.A. 1947, § 44-507; Acts 2005, No. 1994, § 281.
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 96 - PROCEEDINGS IN INFERIOR COURTS (§§ 16-96-101 — 16-96-510) › Subchapter 5 - APPEALS TO CIRCUIT COURT (§§ 16-96-501 — 16-96-510) › Section 16-96-509 - Judgment for defendant

If judgment is rendered for the defendant, any money paid into the circuit court which has been collected from the defendant on the original judgment shall be forthwith returned to the defendant.
Crim. Code, § 359; C. & M. Dig., § 3389; Pope's Dig., § 4232; A.S.A. 1947, § 44-511.
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 97 - SENTENCING (§§ 16-97-101 — 16-97-104) › Section 16-97-101 - Bifurcated sentencing procedures

The following procedure shall govern jury trials which include any felony charges:
(1)
The jury shall first hear all evidence relevant to every charge on which a defendant is being tried and shall retire to reach a verdict on each charge;
(2)
If the defendant is found guilty of one (1) or more charges, the jury shall then hear additional evidence relevant to sentencing on those charges. Evidence introduced in the guilt phase may be considered, but need not be reintroduced at the sentencing phase;
(3)
Following the introduction of additional evidence relevant to sentencing, if any, instruction on the law, and argument, the jury shall again retire and determine a sentence within the statutory range;
(4)
The court, in its discretion, may also instruct the jury that counsel may argue as to alternative sentences for which the defendant may qualify. The jury, in its discretion, may make a recommendation as to an alternative sentence. However, this recommendation shall not be binding on the court;
(5)
After a jury finds guilt, the defendant, with the agreement of the prosecution and the consent of the court, may waive jury sentencing, in which case the court shall impose sentence; and
(6)
After a plea of guilty, the defendant, with the agreement of the prosecution and the consent of the court, may be sentenced by a jury impaneled for purposes of sentencing only.
Acts 1993, No. 535, § 2; 1993, No. 551, § 2.
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 97 - SENTENCING (§§ 16-97-101 — 16-97-104) › Section 16-97-102 - Sentencing by the court

The following procedure shall govern sentencing by the court:
(1)
When either party requests to present evidence relevant to sentencing, the court shall hear or receive such evidence and any rebuttal by the opposing party;
(2)
If neither party requests a sentencing hearing, the court may order one or may order a presentence investigation pursuant to §
5-4-102
; and
(3)
The court may hear or may request argument relevant to the appropriate sentence following either a hearing or a presentence investigation.
Acts 1993, No. 535, § 2; 1993, No. 551, § 2; 1997, No. 1262, § 23.
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 97 - SENTENCING (§§ 16-97-101 — 16-97-104) › Section 16-97-103 - Evidence

Evidence relevant to sentencing by either the court or a jury may include, but is not limited to, the following, provided no evidence shall be construed under this section as overriding the rape shield statute, §
16-42-101
:
(1)
The law applicable to parole, post-release supervision, meritorious good time, earned release credits, or transfer;
(2)
Prior convictions of the defendant, both felony and misdemeanor. The jury may be advised as to the nature of the previous convictions, the date and place thereof, the sentence received, and the date of release from confinement or supervision from all prior offenses;
(3)
Prior judicial determinations of delinquency in a juvenile division of circuit court, subject to the following limitations:
(i)
That prior delinquency adjudications be subject to a judicial determination that the relevant value of the prior juvenile adjudication outweigh its prejudicial value;
(ii)
That consideration only be given to juvenile delinquency adjudications for crimes for which the juvenile could have been tried as an adult; and
(iii)
That in no event shall delinquency adjudications for acts occurring more than ten (10) years prior to the commission of the offense charged be considered;
(4)
Victim impact evidence or statements;
(5)
Relevant character evidence;
(6)
Evidence of aggravating and mitigating circumstances. The criteria for departure from the sentencing standards may serve as examples of this type of evidence;
(7)
Evidence relevant to guilt presented in the first stage;
(8)
Evidence held inadmissible in the first stage may be resubmitted for consideration in the second stage if the basis for exclusion did not apply to sentencing; and
(9)
Rebuttal evidence.
Amended by Act 2023, No. 659,§ 234, eff. 1/1/2024.
Acts 1993, No. 535, § 2; 1993, No. 551, § 2.
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 97 - SENTENCING (§§ 16-97-101 — 16-97-104) › Section 16-97-104 - Proof of prior convictions

Proof of prior convictions, both felony and misdemeanor, and proof of juvenile adjudications shall follow the procedures outlined in §§
5-4-502
-
5-4-504
.
Acts 1993, No. 535, § 2; 1993, No. 551, § 2.
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 2 - PRETRIAL OR POSTTRIAL TREATMENT, INTERVENTION, AND DIVERSION PROGRAMS (§ 16-98-201) › Section 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.
Amended by Act 2017, No. 913,§ 44, eff. 8/1/2017.
Amended by Act 2013, No. 1107,§ 14, eff. 8/16/2013.
Acts 1994 (2nd Ex. Sess.), No. 53, § 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 16-98-301 - 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.
Amended by Act 2015, No. 895,§ 31, eff. 4/1/2015.
Acts 2003, No. 1266, § 1; 2011, No. 570, § 111.
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 16-98-302 - 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.
Acts 2003, No. 1266, § 2; 2007, No. 1022, § 3; 2011, No. 570, § 112.