Cost of mental health services, examination, and treatment of defendant

Ark. Code Ann. § 5-2-331 — under Principles of Criminal Liability.

Ark. Code Ann. § 5-2-331

(a) A person or entity that provides treatment or other mental health services under this subchapter may impose a charge for the cost of the treatment or other mental health services rendered.

(b) A charge for the cost of treatment or other mental health services under this section may not exceed the actual cost of the treatment or other mental health services provided.

(c) (1) If the Department of Human Services cannot accept a defendant that has been ordered by a court to the custody of the department, the department shall be responsible for the cost of the psychotropic medication prescribed by the department's designated vendor as necessary to restore the defendant's fitness to proceed.(2) Responsibility for reimbursement under subdivision (c)(1) of this section shall begin on the date that the defendant is ordered to the custody of the department.

(1) If the Department of Human Services cannot accept a defendant that has been ordered by a court to the custody of the department, the department shall be responsible for the cost of the psychotropic medication prescribed by the department's designated vendor as necessary to restore the defendant's fitness to proceed.

(2) Responsibility for reimbursement under subdivision (c)(1) of this section shall begin on the date that the defendant is ordered to the custody of the department.

(d) (1) No more than thirty (30) days after the end of each quarter, the county sheriff or his or her designee shall prepare a quarterly invoice to be sent to the department for reimbursement that lists:(A) Each defendant ordered to the custody of the department that has been detained in the county jail during the previous month;(B) The number of days each defendant ordered to the custody of the department was in the county jail in awaiting-bed-space status; and(C) An itemized list of medications prescribed to each defendant ordered to the custody of the department and the cost of the medications.(2) The county sheriff or his or her designee shall provide supporting documentation to certify the costs to be reimbursed by the department.(3) Quarters shall end September 30, December 31, March 31, and June 30 of each year.(4) The certified invoices shall then be returned to the county sheriff or his or her designee with the department keeping a duplicate copy.(5) Payment shall be made within ten (10) business days upon return of the certified invoices to each county.

(1) No more than thirty (30) days after the end of each quarter, the county sheriff or his or her designee shall prepare a quarterly invoice to be sent to the department for reimbursement that lists:(A) Each defendant ordered to the custody of the department that has been detained in the county jail during the previous month;(B) The number of days each defendant ordered to the custody of the department was in the county jail in awaiting-bed-space status; and(C) An itemized list of medications prescribed to each defendant ordered to the custody of the department and the cost of the medications.

(A) Each defendant ordered to the custody of the department that has been detained in the county jail during the previous month;

(B) The number of days each defendant ordered to the custody of the department was in the county jail in awaiting-bed-space status; and

(C) An itemized list of medications prescribed to each defendant ordered to the custody of the department and the cost of the medications.

(2) The county sheriff or his or her designee shall provide supporting documentation to certify the costs to be reimbursed by the department.

(3) Quarters shall end September 30, December 31, March 31, and June 30 of each year.

(4) The certified invoices shall then be returned to the county sheriff or his or her designee with the department keeping a duplicate copy.

(5) Payment shall be made within ten (10) business days upon return of the certified invoices to each county.

(e) (1) The county sheriff shall maintain a quarterly invoice for three (3) calendar years.(2) The quarterly invoice maintained by the county sheriff is subject to review by Arkansas Legislative Audit.(3) A quarterly invoice under subsection (d) of this section shall be sent electronically.(4) The department shall not issue any reimbursements under this subsection until the department receives a certified quarterly invoice with supporting documentation requesting reimbursement.

(1) The county sheriff shall maintain a quarterly invoice for three (3) calendar years.

(2) The quarterly invoice maintained by the county sheriff is subject to review by Arkansas Legislative Audit.

(3) A quarterly invoice under subsection (d) of this section shall be sent electronically.

(4) The department shall not issue any reimbursements under this subsection until the department receives a certified quarterly invoice with supporting documentation requesting reimbursement.

(f) (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall promulgate rules establishing reasonable charges for the cost of treatment or other mental health services under this section.(2) Rules establishing reasonable charges for the cost of treatment or other mental health services under this section shall provide for waiving or postponing the collection of the charges based on:(A) Clinical considerations;(B) The defendant's inability to pay; or(C) A court determination that the defendant is wholly or partly indigent and qualifies for the appointment of an attorney under § 16-87-213.

(1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall promulgate rules establishing reasonable charges for the cost of treatment or other mental health services under this section.

(2) Rules establishing reasonable charges for the cost of treatment or other mental health services under this section shall provide for waiving or postponing the collection of the charges based on:(A) Clinical considerations;(B) The defendant's inability to pay; or(C) A court determination that the defendant is wholly or partly indigent and qualifies for the appointment of an attorney under § 16-87-213.

(A) Clinical considerations;

(B) The defendant's inability to pay; or

(C) A court determination that the defendant is wholly or partly indigent and qualifies for the appointment of an attorney under § 16-87-213.