§ 5-4-908. Program operation
(a) (1) A pre-adjudication probation program may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems. (2) A pre-adjudication probation program team shall be designated by a circuit judge assigned to manage the pre-adjudication probation program docket and may include a circuit judge, a […]
§ 5-5-305. Disposition of proceeds
(a) The proceeds of any sale pursuant to § 5-5-304 and any moneys forfeited pursuant to § 5-5-302 shall be applied to payment of the: (1) Balance due on any lien preserved by the circuit court in the forfeiture proceeding; (2) Cost incurred by the seizing law enforcement agency in connection with the storage, maintenance, […]
§ 5-4-909. Administrative Office of the Courts
The Administrative Office of the Courts shall: (1) Serve as a coordinator between pre-adjudication probation program judges, the Department of Community Correction, and other parties; (2) Establish, manage, and maintain a uniform statewide pre-adjudication probation program information system to track information and data on pre-adjudication probation program participants; (3) Train and educate pre-adjudication probation program […]
§ 5-5-306. When more than one agency involved
(a) If more than one (1) law enforcement agency is substantially involved in effecting a forfeiture pursuant to § 5-5-302, the circuit court having jurisdiction over the forfeiture proceeding shall equitably distribute the property among the law enforcement agencies. (b) Any forfeited money or any proceeds remaining after the sale of the property shall be […]
§ 5-4-910. Disposition of court costs and user fees
(a) All court costs and pre-adjudication probation program user fees assessed by the pre-adjudication probation program judge shall be paid to the circuit court clerk for remittance to the county treasury under § 14-14-1313. (b) The county treasurer shall credit all court costs received under this section to the county administration of justice fund to […]
§ 5-4-911. Required resources
Each pre-adjudication probation 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 § 5-4-903 for adult offenders: (A) A minimum of one (1) counselor position for every thirty […]
§ 5-4-912. Collection of data — Reporting requirement
(a) (1) A pre-adjudication probation program shall collect and provide data on pre-adjudication probation program applicants and all participants as required by the Administrative Office of the Courts. (2) Data collected under subdivision (a)(1) of this section shall include: (A) The total number of applicants; (B) The total number of participants; (C) The total number […]
§ 5-4-913. Education screening
A person eligible to enter a pre-adjudication program under this subchapter shall have his or her education level assessed by the court by completing a reading, literacy, and math assessment by the Adult Education Section.
§ 5-5-101. Disposition of contraband and seized property
(a) Any seized property shall be returned to the rightful owner or possessor of the seized property except contraband owned by a defendant. (b) (1) As used in this section, “contraband” means any: (A) Article possessed under a circumstance prohibited by law; (B) Weapon or other instrument used in the commission or attempted commission of […]
§ 5-5-102. Effect of noncode statutes
When a statute not a part of the Arkansas Criminal Code specifies a procedure for the disposition or destruction of a particular type of seized property, the seized property shall be disposed of or destroyed in accordance with that statute.