§ 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 […]
§ 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 […]
§ 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, meritorious good time, or transfer; (2) Prior convictions of the defendant, both […]
§ 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.
§ 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 […]
§ 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 […]
§ 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, […]
§ 16-98-303. Drug court programs authorized
(a) (1) Each judicial district of this state is authorized to establish a drug court program under this subchapter. (2) A drug court established under this subchapter shall be approved under § 16-10-139. (3) (A) A drug court program may be preadjudication or post-adjudication for an adult offender or a juvenile offender. (B) A juvenile […]
§ 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 […]
§ 16-98-305. Required resources
Each approved drug court program established under this subchapter, subject to an appropriation, funding, and position authorization, both programmatic and administrative, shall be provided with the following resources: (1) The Department of Community Correction shall provide the following pursuant to § 16-98-303(b)(2) for adult offenders: (A) (i) Except as provided in subdivision (1)(A)(ii) of this […]