Additional fees for specialty court programs — Definitions

Ark. Code Ann. § 16-10-701 — under General Provisions.

Ark. Code Ann. § 16-10-701

(a) As used in this section:(1) “Pre-adjudication” means the period of time after:(A) The prosecuting attorney files a criminal information or an indictment is filed in circuit court;(B) The person named in the criminal information or indictment is arraigned on the charge in circuit court; and(C) The person enters a specialty court program by entering a plea of guilty but the circuit court does not enter a judgment and pronounce a sentence against the person; and(2) “Specialty court program” means:(A) A pre-adjudication probation program under § 5-4-901 et seq.;(B) A drug court program under the Arkansas Drug Court Act, § 16-98-301 et seq.;(C) A Swift and Certain Accountability on Probation Pilot Program under § 16-93-1701 et seq.;(D) A DWI/BWI specialty court program under § 16-102-101 et seq.;(E) A mental health specialty court program under § 16-100-201 et seq.;(F) A veterans treatment specialty court program under § 16-101-101 et seq.;(G) A juvenile drug court under § 16-98-303; and(H) A family treatment specialty court program under the Arkansas Family Treatment Specialty Court Act, § 9-27-801 et seq.

(1) “Pre-adjudication” means the period of time after:(A) The prosecuting attorney files a criminal information or an indictment is filed in circuit court;(B) The person named in the criminal information or indictment is arraigned on the charge in circuit court; and(C) The person enters a specialty court program by entering a plea of guilty but the circuit court does not enter a judgment and pronounce a sentence against the person; and

(A) The prosecuting attorney files a criminal information or an indictment is filed in circuit court;

(B) The person named in the criminal information or indictment is arraigned on the charge in circuit court; and

(C) The person enters a specialty court program by entering a plea of guilty but the circuit court does not enter a judgment and pronounce a sentence against the person; and

(2) “Specialty court program” means:(A) A pre-adjudication probation program under § 5-4-901 et seq.;(B) A drug court program under the Arkansas Drug Court Act, § 16-98-301 et seq.;(C) A Swift and Certain Accountability on Probation Pilot Program under § 16-93-1701 et seq.;(D) A DWI/BWI specialty court program under § 16-102-101 et seq.;(E) A mental health specialty court program under § 16-100-201 et seq.;(F) A veterans treatment specialty court program under § 16-101-101 et seq.;(G) A juvenile drug court under § 16-98-303; and(H) A family treatment specialty court program under the Arkansas Family Treatment Specialty Court Act, § 9-27-801 et seq.

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

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

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

(D) A DWI/BWI specialty court program under § 16-102-101 et seq.;

(E) A mental health specialty court program under § 16-100-201 et seq.;

(F) A veterans treatment specialty court program under § 16-101-101 et seq.;

(G) A juvenile drug court under § 16-98-303; and

(H) A family treatment specialty court program under the Arkansas Family Treatment Specialty Court Act, § 9-27-801 et seq.

(b) In addition to any other court cost or court fee provided by law:(1) A specialty court program user fee of up to two hundred fifty dollars ($250) shall be assessed on any participant in a specialty court program and remitted to the Administration of Justice Funds Section by the court clerk for deposit into the State Treasury as special revenues credited to the Specialty Court Program Fund; and(2) A specialty court program public defender user fee not to exceed two hundred fifty dollars ($250) may be assessed by the court for a defendant who participates in a specialty court program designed for pre-adjudication purposes and who is appointed representation by a public defender and remitted to the Administration of Justice Funds Section by the court clerk for deposit into the State Treasury to the credit of the Public Defender User Fees Fund within the State Central Services Fund.

(1) A specialty court program user fee of up to two hundred fifty dollars ($250) shall be assessed on any participant in a specialty court program and remitted to the Administration of Justice Funds Section by the court clerk for deposit into the State Treasury as special revenues credited to the Specialty Court Program Fund; and

(2) A specialty court program public defender user fee not to exceed two hundred fifty dollars ($250) may be assessed by the court for a defendant who participates in a specialty court program designed for pre-adjudication purposes and who is appointed representation by a public defender and remitted to the Administration of Justice Funds Section by the court clerk for deposit into the State Treasury to the credit of the Public Defender User Fees Fund within the State Central Services Fund.

(c) A district court or circuit court may not assess and collect a fee if the district court or circuit court is operating a specialty court program that has not been previously approved by or no longer meets the approval criteria of the Supreme Court.