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1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 HOUSE BILL 1835
4
5 By: Representative Dalby
6 By: Senator Dees
7
8 For An Act To Be Entitled
9 AN ACT CONCERNING SPECIALTY COURT PROGRAMS; TO AMEND
10 THE LAW CONCERNING RECORD SEALING UPON COMPLETION OF
11 A SPECIALTY COURT PROGRAM; TO UPDATE AND CLARIFY THE
12 LAW CONCERNING DRUG COURT, MENTAL HEALTH COURT,
13 VETERANS COURT, AND DWI/BWI SPECIALTY COURT PROGRAMS;
14 AND FOR OTHER PURPOSES.
15
16
17 Subtitle
18 CONCERNING SPECIALTY COURT PROGRAMS; AND
19 TO UPDATE AND CLARIFY THE LAW CONCERNING
20 DRUG COURT, MENTAL HEALTH COURT,
21 VETERANS COURT, AND DWI/BWI SPECIALTY
22 COURT PROGRAMS.
23
24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
25
26 SECTION 1. Arkansas Code � 5-4-906 is repealed.
27 5-4-906. Record sealing upon completion.
28 (a) A pre-adjudication probation program judge, on his or her own
29 motion or upon a request from the participant in the pre-adjudication
30 probation program, shall order sealing and dismissal of a case if:
31 (1) The participant in the pre-adjudication probation program
32 has successfully completed a pre-adjudication probation program, as
33 determined by the pre-adjudication probation program judge;
34 (2) The pre-adjudication probation program judge has received a
35 recommendation from the prosecuting attorney for sealing and dismissal of the
36 case; and
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1 (3) The pre-adjudication probation program judge, after
2 considering the past criminal history of the participant in the pre-
3 adjudication probation program, determines that sealing and dismissal of the
4 case is appropriate.
5 (b) Unless otherwise ordered by the pre-adjudication probation program
6 court, sealing under this section shall be as described in the Comprehensive
7 Criminal Record Sealing Act of 2013, � 16-90-1401 et seq.
8
9 SECTION 2. Arkansas Code � 10-3-2901(b)(4), concerning the members of
10 the Specialty Court Program Advisory Committee, is amended to read as
11 follows:
12 (4) Three (3) district court judges who preside over a specialty
13 court program as defined under � 16-10-139(a) to be appointed by the Arkansas
14 District Judges Judicial Council, Inc.;
15
16 SECTION 3. Arkansas Code � 16-10-139 is amended to read as follows:
17 16-10-139. Specialty court program evaluation and approval -- Transfer --
18 Definition.
19 (a) As used in this section, "specialty court program" means one (1)
20 of the following:
21 (1) A pre-adjudication probation program under � 5-4-901 et
22 seq.;
23 (2) An approved A drug court program under the Arkansas Drug
24 Court Act, � 16-98-301 et seq.;
25 (3) The A Swift and Certain Accountability on Probation Pilot
26 Program under � 16-93-1701 et seq.; and
27 (4) Any other specialty court program that has been approved by
28 the Supreme Court, including without limitation specialty court programs
29 known as:
30 (A) A DWI/BWI specialty court program;
31 (B)(5) A mental health specialty court program;
32 (C)(6) A veterans treatment specialty court program;
33 (D)(7) A juvenile drug court;
34 (E)(8) A "HOPE" court; and
35 (F)(9) A domestic violence specialty court program family
36 treatment court program under � 9-27-801 et seq.
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1 (b) A specialty court program operated by a circuit court or district
2 court must be approved by the Supreme Court in the court's administrative
3 plan submitted under Supreme Court Administrative Order Nos. 14 and 18.
4 (c)(1) The Specialty Court Program Advisory Committee shall evaluate
5 and make findings with respect to all specialty court programs operated by a
6 circuit court or district court in this state and refer the findings to the
7 Supreme Court.
8 (2) An evaluation under this section shall reflect nationally
9 recognized and peer-reviewed standards for each particular type of specialty
10 court program.
11 (3) The Specialty Court Program Advisory Committee shall also:
12 (A) Establish, implement, and operate a uniform specialty
13 court program evaluation process to ensure specialty court program resources
14 are uniformly directed to high-risk, high-need offenders and that specialty
15 court programs provide effective and proven practices that reduce recidivism,
16 as well as other factors such as substance dependency, among participants;
17 (B) Establish an evaluation process that ensures that any
18 new and existing specialty court program that is a drug court program meets
19 standards for drug court program operation under � 16-98-302(b) promulgated
20 by the Specialty Court Program Advisory Committee; and
21 (C) Promulgate rules to be approved by the Supreme Court
22 to carry out the evaluation process under this section.
23 (d) A specialty court program shall be evaluated under the following
24 schedule:
25 (1) A specialty court program established on or after April 1,
26 2015, shall be evaluated after its second year of funded operation;
27 (2) A specialty court program in existence on April 1, 2015,
28 shall be evaluated under the requirements of this section prior to expending
29 resources budgeted for fiscal year 2017; and
30 (3) A specialty court program shall be reevaluated every two (2)
31 years after the initial evaluation.
32 (e)(1)(A) On motion of a specialty court program participant, a
33 specialty court judge who presides over a specialty court program may by
34 written order transfer responsibility for supervision and specialty court
35 program enforcement of the specialty court program participant's case to
36 another specialty court judge with the consent of the other specialty court
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1 judge.
2 (B) The specialty court program participant shall comply
3 with the policies and procedures for the specialty court program to which the
4 specialty court program participant's case is transferred.
5 (C) The specialty court judge to whom the specialty court
6 program participant's case is transferred may impose sanctions on the
7 specialty court program participant, including without limitation the
8 imposition of a period of incarceration and the requirement of inpatient
9 treatment under the written policies and procedures for the specialty court
10 program to which the specialty court program participant's case has been
11 transferred.
12 (2)(A) If the specialty court judge to whom the specialty court
13 program participant's case has been transferred determines that the specialty
14 court program participant has successfully completed the specialty court
15 program, the specialty court judge shall notify the transferring specialty
16 court judge and request that the appropriate orders be entered in the
17 specialty court program participant's case.
18 (B)(i) If after a specialty court program participant's
19 case is transferred, the specialty court team recommends that the specialty
20 court program participant be removed from the specialty court program, the
21 specialty court judge shall enter an order returning the specialty court
22 program participant's case to the transferring specialty court program.
23 (ii) Upon return of the specialty court program
24 participant's case to the transferring specialty court program, the specialty
25 court judge shall determine an appropriate disposition of the matter.
26 (f)(1)(A) If a specialty court program participant's case is
27 transferred from a district court, all assessed fines, penalties, court
28 costs, and fees other than those described under subdivision (f)(2) of this
29 section shall be paid to the transferring district court, notwithstanding the
30 provisions of � 16-10-141.
31 (B) The funds described under subdivision (f)(1)(A) of
32 this section shall be disbursed as required under � 16-17-707.
33 (2) In accordance with � 16-10-141(b)(2)-(7), the district court
34 to which the case is transferred may assess and collect:
35 (A) Treatment costs;
36 (B) Drug testing costs;
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1 (C) A local specialty court program user fee;
2 (D) Necessary supervision fees, including any applicable
3 residential treatment fees;
4 (E) Global Positioning System monitoring costs; and
5 (F) Continuous alcohol monitoring fees.
6 (g)(1) If a specialty court program participant's case is transferred
7 from a circuit court, all assessed fines, penalties, court costs, and fees
8 other than those under subdivision (g)(2) of this section shall be paid to
9 the transferring circuit court, notwithstanding the provisions of � 16-98-
10 304.
11 (2) In accordance with �� 5-4-907, 16-10-701, 16-98-304, 16-100-
12 209, and 16-101-104, the circuit court to which the specialty court program
13 participant's case is transferred may assess and collect:
14 (A) Treatment costs;
15 (B) Drug testing costs;
16 (C) A local specialty court program user fee;
17 (D) Necessary supervision fees, including any applicable
18 residential treatment fees;
19 (E) A fee determined or authorized under � 12-27-
20 125(b)(17)(B) or � 16-93-104(a)(1) that is to be paid to the Division of
21 Community Correction;
22 (F) Global Positioning System monitoring costs;
23 (G) Continuous alcohol monitoring fees;
24 (H) Tuition and other educational fees for a vocational
25 school, technical school, community college, or two-year or four-year public
26 university that is part of the pre-adjudication probation program in which
27 the specialty court program participant is participating; and
28 (I) A specialty court program public defender user fee.
29
30 SECTION 4. Arkansas Code �� 16-10-143 and 16-10-144 are amended to
31 read as follows:
32 16-10-143. Contracts -- Qualified attorneys -- Definition Specialty court
33 counsel.
34 (a) As used in this section, "qualified attorney" means an attorney
35 who:
36 (1) Has previously been employed as an attorney by the state
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1 regardless of the limitation provided under � 19-11-709(d); or
2 (2) Is currently serving as a part-time public defender or is
3 otherwise employed by the state as an attorney on a part-time basis.
4 (b) The Director of the Administrative Office of the Courts may employ
5 or enter into a professional service contract with a qualified an attorney to
6 serve as a specialty court team member and to represent specialty court
7 participants.
8 (c)(b) The fees for contracted services provided by a qualified an
9 attorney under subsection (a) of this section shall be paid from funds
10 appropriated for that purpose to the Administrative Office of the Courts.
11 (c)(1) The Administrative Office of the Courts may contract with or
12 employ an attorney who has previously been employed by the state regardless
13 of the limitation otherwise provided under � 19-11-709(d).
14 (2) The Administrative Office of the Courts may also contract
15 with or employ an attorney who currently serves as part-time public defender
16 or is otherwise employed by the state as an attorney on a part-time basis.
17 (d)(1) A qualified attorney An attorney who is employed or contracted
18 by the Administrative Office of the Courts under this section is eligible for
19 additional compensation.
20 (2) Additional compensation received for service under this
21 section as a specialty court team member or to represent specialty court
22 participants shall not be construed as exceeding the line-item maximum for
23 the grade of the qualified attorney's other part-time position, if any.
24 (e) Any funds appropriated for the purpose of this section remaining
25 on June 30 shall be retained by the Administrative Office of the Courts and
26 may be distributed after July 1 as supplemental funding to be used for the
27 expansion or establishment of specialty court programs in circuit courts
28 support and administration of specialty court programs and for restorative
29 and rehabilitative services to specialty court participants.
30
31 16-10-144. Contracts -- Qualified treatment providers.
32 (a) The Director of the Administrative Office of the Courts may enter
33 into a professional service contract with a qualified treatment provider to
34 serve as a specialty court team member and or to provide behavioral health
35 treatment to specialty court participants.
36 (b) The fees for contracted services provided by a qualified treatment
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1 provider shall be paid from funds appropriated for that purpose to the
2 Administrative Office of the Courts.
3 (c) Any funds appropriated for the purpose of this section remaining
4 on June 30 shall be retained by the Administrative Office of the Courts and
5 may be distributed after July 1 as supplemental funding for the expansion or
6 establishment of specialty court programs in circuit courts support and
7 administration of specialty court programs and for restorative and
8 rehabilitative services to specialty court participants.
9
10 SECTION 5. Arkansas Code � 16-10-701 is amended to read as follows:
11 16-10-701. Additional fees for specialty court programs -- Definitions.
12 (a) As used in this section:
13 (1) "Pre-adjudication" means the period of time after:
14 (A) The prosecuting attorney files a criminal information
15 or an indictment is filed in circuit court;
16 (B) The person named in the criminal information or
17 indictment is arraigned on the charge in circuit court; and
18 (C) The person enters a specialty court program without a
19 guilty plea or the person enters a plea of guilty but before the circuit
20 court enters a judgment and pronounces by entering a plea of guilty but the
21 circuit court does not enter a judgment and pronounce a sentence against the
22 person; and
23 (2) "Specialty court program" means:
24 (A) A pre-adjudication probation program under � 5-4-901
25 et seq.;
26 (B) An approved A drug court program under the Arkansas
27 Drug Court Act, � 16-98-301 et seq.;
28 (C) A Swift and Certain Accountability on Probation Pilot
29 Program under � 16-93-1701 et seq.; and
30 (D) Any other specialty court program that has been
31 approved by the Supreme Court, including without limitation specialty court
32 programs known as:
33 (i) A DWI court;
34 (ii) A mental health court;
35 (iii) A veteran's court;
36 (iv) A juvenile drug court;
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1 (v) A "HOPE" court;
2 (vi) A "smarter sentencing" court; and
3 (vii) A mental health crisis intervention center. A
4 DWI/BWI specialty court program under � 16-102-101 et seq.;
5 (E) A mental health specialty court program under � 16-
6 100-201 et seq.;
7 (F) A veterans treatment specialty court program under �
8 16-101-101 et seq.;
9 (G) A juvenile drug court under � 16-98-303; and
10 (H) A family treatment specialty court program under � 9-
11 27-801.
12 (b) In addition to any other court cost or court fee provided by law:
13 (1) A specialty court program user fee of up to two hundred
14 fifty dollars ($250) shall be assessed on any participant in a specialty
15 court program and remitted to the Administration of Justice Funds Section by
16 the court clerk for deposit into the State Treasury as special revenues
17 credited to the Specialty Court Program Fund; and
18 (2) A specialty court program public defender user fee not to
19 exceed two hundred fifty dollars ($250) may be assessed by the court for a
20 defendant who participates in a specialty court program designed for pre-
21 adjudication purposes and who is appointed representation by a public
22 defender and remitted to the Administration of Justice Funds Section by the
23 court clerk for deposit into the State Treasury to the credit of the Public
24 Defender User Fees Fund within the State Central Services Fund.
25 (c) A district court or circuit court may not assess and collect a fee
26 under this section if the district court or circuit court is operating a
27 specialty court program that has not been previously approved by or no longer
28 meets the approval criteria of the Supreme Court.
29
30 SECTION 6. Arkansas Code � 16-90-1403(b), concerning the scope of the
31 comprehensive criminal record sealing act, is amended to read as follows:
32 (b) Inconsistencies between this subchapter and any other sections
33 within the Arkansas Code in existence January 1, 2014, are resolved in favor
34 of this subchapter, except that this subchapter does not apply to:
35 (1) The Arkansas Drug Court Act, � 16-98-301 et seq.;
36 (2) Extended juvenile jurisdiction records under � 9-27-508,
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1 unless the records are considered adult criminal records under � 9-27-501 et
2 seq.; and
3 (3)(2) The sealing of juvenile records.
4
5 SECTION 7. Arkansas Code Title 16, Chapter 90, is amended to add an
6 additional subchapter to read as follows:
7 Subchapter 16 -- Specialty Court Programs
8
9 16-90-1601. Definition.
10 As used in this subchapter, "specialty court program" means:
11 (1) A pre-adjudication probation program under � 5-4-901 et
12 seq.;
13 (2) A drug court program under the Arkansas Drug Court Act, �
14 16-98-301 et seq.;
15 (3) A Swift and Certain Accountability on Probation Pilot
16 Program under � 16-93-1701 et seq.;
17 (4) A DWI/BWI specialty court program under � 16-102-101 et
18 seq.;
19 (5) A mental health specialty court program under � 16-100-201
20 et seq.;
21 (6) A veterans treatment specialty court program under � 16-101-
22 101 et seq.;
23 (7) A juvenile drug court under � 16-98-303; and
24 (8) A family treatment specialty court program under � 9-27-801.
25
26 16-90-1602. Dismissal of case and record sealing by specialty court
27 judge.
28 (a) Upon a participant's successful completion of a specialty court
29 program, a specialty court program judge may order dismissal of a case and
30 sealing of a record if:
31 (1) The specialty court program judge has received a
32 recommendation from the prosecuting attorney for dismissal of the case and
33 the sealing of the record; and
34 (2) The specialty court program judge, after considering the
35 offender's past criminal history, determines that dismissal of the case and
36 the sealing of the record are appropriate.
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1 (b) Sealing under this subsection shall follow the procedures in the
2 Comprehensive Criminal Record Sealing Act of 2013, � 16-90-1401 et seq.,
3 except that:
4 (1) A specialty court program judge may enter an order to seal a
5 participant's case immediately upon completion of the specialty court
6 program; and
7 (2) Notwithstanding the provisions of � 16-90-1406(c)(1), there
8 shall be no limit to the number of previous felony convictions a petitioner
9 may have.
10 (c) A specialty court program judge shall not dismiss an offense of
11 driving or boating while intoxicated and shall not order sealing until the
12 applicable lookback periods under � 5-65-111 have elapsed.
13 (d) A judge presiding over a specialty court program established in
14 circuit court may seal a conviction entered by a circuit court and a judge
15 presiding over a specialty court program established in district court may
16 seal a conviction entered by a district court if the following conditions are
17 met:
18 (1) The participant has successfully completed the specialty
19 court program;
20 (2) The participant has successfully completed the sentence
21 entered by the other court; and
22 (3) The other court agreed that sealing is appropriate and has
23 signed the uniform sealing order provided by the Arkansas Crime Information
24 Center.
25
26 16-90-1603. Transfer of specialty court program supervision.
27 (a)(1) A specialty court program judge may authorize a participant to
28 complete a specialty court program in another county with the consent of the
29 receiving judge.
30 (2) A written order reflecting the authorization shall be signed
31 by both judges.
32 (3) The participant's case in the originating county shall
33 remain open until the originating court enters an appropriate order that:
34 (A) The court has received notification from the receiving
35 county that the participant has successfully completed the specialty court
36 program; or
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1 (B) The participant did not successfully complete the
2 specialty court program or was otherwise terminated from the specialty court
3 program and subsequently sentenced.
4 (4) To ensure that multiple criminal cases are not opened for
5 the same charge, no new criminal case shall be created by the receiving
6 ccounty.
7 (5) A specialty court program established in a circuit court may
8 only utilize this section to authorize supervision of a program participant
9 by another program established in a circuit court, and a DWI/BWI specialty
10 court program may only authorize supervision of a program participant by
11 another DWI/BWI specialty court program.
12 (b)(1) A participant shall comply with the policies and procedures of
13 the receiving specialty court program.
14 (2) The receiving court shall be responsible for ensuring the
15 participant's adherence to the specialty court program's policies and
16 procedures, shall have the authority to order treatment, and shall have the
17 authority to impose sanctions, including a period of incarceration.
18 (3)(A) If the receiving specialty court program judge determines
19 that the participant has successfully completed the program, the receiving
20 specialty court program judge shall notify the originating specialty court
21 program judge and request that the appropriate orders be entered in the
22 participant's case.
23 (B)(i) If the receiving specialty court program judge
24 decides that the participant should be removed from the specialty court
25 program, the receiving specialty court program judge shall enter an order
26 returning the participant's supervision to the originating specialty court
27 program.
28 (ii) Upon return of the participant's supervision to
29 the originating specialty court program, the specialty court program judge
30 shall determine an appropriate disposition of the matter.
31 (c)(1) All assessed fines, fees, and court costs on the underlying
32 offenses shall be collected by the originating specialty court program.
33 (2) All specialty court program-related fees and costs shall be
34 assessed and collected by the receiving specialty court program.
35
36 SECTION 8. Arkansas Code �� 16-98-302 -- 16-98-306 are amended to read
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1 as follows:
2 16-98-302. Purpose and intent.
3 (a) There is a critical need for judicial intervention and support for
4 effective treatment programs that reduce the incidence of drug use, drug
5 addiction, and family separation due to parental substance abuse and drug-
6 related crimes. It is the intent of the General Assembly for this subchapter
7 to enhance public safety by facilitating the creation, expansion, and
8 coordination of drug court programs.
9 (b) The goals of the drug court programs in this state shall be
10 consistent with the standards adopted by the United States Department of
11 Justice and recommended by the National Association of Drug Court
12 Professionals and shall include the following key components: national
13 standards.
14 (1) Integration of substance abuse treatment with justice system
15 case processing;
16 (2) Use of a nonadversarial approach in which prosecution and
17 defense promote public safety while protecting the right of the accused to
18 due process;
19 (3) Early identification, with the use of a validated risk-needs
20 assessement, of eligible moderate-to-high-risk participants and prompt
21 placement of eligible participants;
22 (4) Access to a continuum of treatment, rehabilitation, and
23 related services;
24 (5) Frequent testing for alcohol and illicit drugs;
25 (6) A coordinated strategy among the judge, prosecution,
26 defense, and treatment providers to govern offender compliance;
27 (7) Ongoing judicial interaction with each participant;
28 (8) Monitoring and evaluation of the achievement of program
29 goals and effectiveness;
30 (9) Continuing interdisciplinary education to promote effective
31 planning, implementation, and operation; and
32 (10) Development of partnerships with public agencies and
33 community-based organizations to generate local support and enhance drug
34 court effectiveness.
35 (c)(1) Drug court programs are specialized court dockets within the
36 existing structure of the Arkansas court system. Drug court programs offer
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1 judicial monitoring of intensive treatment and strict supervision of addicts
2 in drug and drug-related cases.
3 (2) The creation of a drug court program docket and the
4 appointment of a circuit judge to that docket shall be approved by the
5 administrative judge in each judicial circuit and made a part of the judicial
6 circuit's administrative plan required by Supreme Court Administrative Order
7 Number 14.
8 (d) Drug court program success shall be determined by the rate of
9 recidivism of all drug court participants, including participants who do not
10 graduate.
11
12 16-98-303. Drug court programs authorized.
13 (a)(1) Each judicial district circuit of this state is authorized to
14 establish a drug court program programs under this subchapter.
15 (2) A drug court established under this subchapter shall be
16 approved under � 16-10-139.
17 (3)(A) A drug court program may be pre-adjudication or post-
18 adjudication for an adult offender or a juvenile offender.
19 (B) A juvenile drug court program or services may be used
20 in a delinquency case or a family in need of services case.
21 (C) A juvenile drug court program or services may be used
22 in a dependency-neglect case under � 9-27-334.
23 (4)(3) Notwithstanding the authorization described in
24 subdivision (a)(1) of this section, a judge of a circuit court, drug court,
25 or juvenile division of circuit court may not order any services or treatment
26 under subsection (b) of this section or � 16-98-305 unless:
27 (A) An administrative and programmatic appropriation has
28 been made for those purposes;
29 (B) Administrative and programmatic funding is available
30 for those purposes; and
31 (C) Administrative and programmatic positions have been
32 authorized for those purposes.
33 (5)(4) As determined by the Division of Community Correction, an
34 adult drug court program established under this section shall target high-
35 risk offenders and medium-risk offenders.
36 (b)(1) A drug court program shall incorporate services from the
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1 Division of Community Correction, the Department of Human Services, and the
2 Administrative Office of the Courts.
3 (2) Subject to an appropriation, funding, and position
4 authorization, both programmatic and administrative, and subject to the
5 requirements of eligibility as defined in � 16-93-1202, the Division of
6 Community Correction:
7 (A) Shall:
8 (i) Establish standards regarding the classification
9 of a drug court program participant as a high-risk offender or medium-risk
10 offender;
11 (ii) Provide positions for persons to serve as
12 probation officers, drug counselors, and administrative assistants;
13 (iii) Provide for drug testing for drug court program
14 participants;
15 (iv) Provide for intensive outpatient treatment for
16 drug court program participants;
17 (v) Provide for intensive short-term and long-term
18 residential treatment for drug court program participants; and
19 (vi) Develop clinical assessment capacity, including
20 drug testing, to identify a drug court program participant with a substance
21 addiction and develop a treatment protocol that improves the drug court
22 program participant's likelihood of success; and
23 (B) May:
24 (i) Provide for continuous alcohol monitoring for
25 drug court program participants, including a minimum period of one hundred
26 twenty (120) days; and
27 (ii) Develop clinical assessment capacity, including
28 continuous alcohol monitoring, to identify a drug court program participant
29 with a substance addiction and develop a treatment protocol that improves the
30 drug court program participant's likelihood of success.
31 (3) Subject to an appropriation, funding, and position
32 authorization, both programmatic and administrative, the department shall:
33 (A) Provide positions for persons to serve as drug
34 counselors and administrative assistants in delinquency cases, dependency-
35 neglect cases, and family in need of services cases;
36 (B) Provide for drug testing for drug court program
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1 participants in delinquency cases, dependency-neglect cases, and family in
2 need of services cases;
3 (C) Provide for intensive outpatient treatment for drug
4 court program participants in delinquency cases, dependency-neglect cases,
5 and family in need of services cases;
6 (D) Provide for intensive short-term and long-term
7 residential treatment for drug court program participants in delinquency
8 cases, dependency-neglect cases, and family in need of services cases;
9 (E) Certify and license treatment providers and treatment
10 facilities that serve drug court program participants;
11 (F) Provide and oversee residential beds for drug court
12 programs;
13 (G) Oversee catchment area facilities for drug court
14 programs;
15 (H) Act as a liaison between the courts and drug court
16 program participants; and
17 (I) Oversee performance standards for residential and
18 long-term facilities providing services to drug court programs.
19 (4) Subject to an appropriation, funding, and position
20 authorization, both programmatic and administrative, the Administrative
21 Office of the Courts shall:
22 (A) Provide state-level coordination and support for drug
23 court judges and their programs;
24 (B) Administer funds for the maintenance and operation of
25 local approved drug court programs;
26 (C) Provide training and education to drug court judges
27 and other professionals involved in drug court programs;
28 (D) Operate as a liaison between drug court judges and
29 other state-level agencies providing services to drug court programs; and
30 (E) Develop criteria for determining new drug court
31 locations that take into account:
32 (i) The current size of the defendant population
33 that meets the criteria for drug court participation;
34 (ii) Recent trends indicating an increasing defendant
35 population that meets the criteria for drug court participation;
36 (iii) Existing drug treatment programs currently in
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1 place and operating through the courts, the county jail, or the Division of
2 Correction; and
3 (iv) The drug court program's use of evidence-based
4 practices by key partners involved in the prospective drug court program
5 including those to assess the needs of drug court participants in order to
6 effectively target programming toward high-risk participants.
7 (c)(1) A drug court program shall not be available to any defendant
8 who:
9 (A) Has a pending charge for a violent felony against him
10 or her;
11 (B) Has been convicted of a violent felony offense as
12 defined in this subchapter or adjudicated delinquent as a juvenile of a
13 violent felony offense; or
14 (C)(i) Is required to register under the Sex Offender
15 Registration Act of 1997, � 12-12-901 et seq.
16 (ii) The exclusion under subdivision (c)(1)(C)(i) of
17 this section shall not apply to the offense of prostitution, � 5-70-102.
18 (2) Eligible offenses may be further restricted by the rules of
19 a specific drug court program.
20 (3) Nothing in this subchapter shall require a drug court
21 program judge to consider or accept every offender with a treatable condition
22 or addiction, regardless of the fact that the controlling offense is eligible
23 for consideration in the drug court program.
24 (4) Any defendant who is denied entry to a drug court program
25 shall be prosecuted as provided by law.
26 (d)(1) Drug court programs may require a separate judicial processing
27 system differing in practice and design from the traditional adversarial
28 criminal prosecution and trial systems.
29 (2) A drug court team shall be designated by a circuit judge
30 assigned to manage the drug court program docket and may include a circuit
31 judge, a prosecuting attorney, a public defender or private defense attorney,
32 one (1) or more addiction counselors, one (1) or more probation officers, one
33 (1) or more private treatment provider representatives, and any other
34 individual or individuals determined necessary by the drug court program
35 judge.
36 (3)(A) The administrative judge of the judicial district shall
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1 designate one (1) or more circuit judges to administer the drug court
2 program.
3 (B) If a county is in a judicial district circuit that
4 does not have a circuit judge who is able to administer the drug court
5 program on a consistent basis, the administrative plan for the judicial
6 circuit required by Supreme Court Administrative Order No. 14 may designate a
7 district court judge to administer the drug court program.
8 (e) Each judicial district may circuit shall develop a training and
9 implementation policies and procedures manual for drug court programs with
10 the assistance of the:
11 (1) Department;
12 (2) Division of Elementary and Secondary Education;
13 (3) Adult Education Section;
14 (4) Division of Community Correction; and
15 (5) Administrative Office of the Courts.
16 (f) A Division of Drug Court Specialty Court Programs is created
17 within the Administrative Office of the Courts. The position of Drug Court
18 Specialty Court Coordinator is created within the Division of Drug Court
19 Specialty Court Programs, and the Drug Court Specialty Court Coordinator
20 shall:
21 (1) Provide assistance, counsel, and advice to the Specialty
22 Court Program Advisory Committee;
23 (2) Serve as a coordinator between drug court judges, the
24 Division of Community Correction, the Division of Aging, Adult, and
25 Behavioral Health Services of the Department of Human Services, private
26 treatment provider representatives, and public health advocates;
27 (3) Establish, manage, and maintain a uniform statewide drug
28 court information system to track information and data on drug court program
29 participants to be reviewed by the Specialty Court Program Advisory
30 Committee;
31 (4) Train and educate drug court program judges and drug court
32 program staff in those judicial districts circuits maintaining a drug court
33 program; and
34 (5) Provide staff assistance to the Arkansas Drug Court
35 Professionals Association;
36 (6) Oversee the disbursement of funds appropriated to the
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1 Administrative Office of the Courts for the maintenance and operation of
2 local approved drug court programs based on a formula developed by the
3 Administrative Office of the Courts and reviewed by the Specialty Court
4 Program Advisory Committee; and
5 (7) Develop guidelines to be reviewed by the Specialty Court
6 Program Advisory Committee to serve as a framework for developing effective
7 local drug court programs and to provide a structure for conducting research
8 and evaluation for drug court program accountability.
9 (g)(1) A drug court program judge, on his or her own motion or upon a
10 request from an offender, may order dismissal of a case and the sealing of
11 the record if:
12 (A) The offender has successfully completed a drug court
13 program, as determined by the drug court program judge;
14 (B) The offender has received aftercare programming;
15 (C) The drug court program judge has received a
16 recommendation from the prosecuting attorney for dismissal of the case and
17 the sealing of the record; and
18 (D) The drug court program judge, after considering the
19 offender's past criminal history, determines that dismissal of the case and
20 the sealing of the record are appropriate.
21 (2)(A) Except as provided in subdivision (g)(2)(B) of this
22 section, if the offender has pleaded guilty or nolo contendere to or has been
23 found guilty of an offense falling within a target group under � 16-93-
24 1202(10)(A)(i) in another Arkansas court, the drug court program judge may
25 order sealing and dismissal of the offense falling within a target group with
26 the written concurrence of the other Arkansas court.
27 (B) The following offenses are not eligible for sealing
28 under subdivision (g)(2)(A) of this section:
29 (i) Residential burglary, � 5-39-201(a);
30 (ii) Commercial burglary, � 5-39-201(b);
31 (iii) Breaking or entering, � 5-39-202; and
32 (iv) The fourth and subsequent offense of driving
33 while intoxicated, � 5-65-103.
34 (3) Unless otherwise ordered by the drug court program judge,
35 sealing under this subsection shall be as described in the Comprehensive
36 Criminal Record Sealing Act of 2013, � 16-90-1401 et seq.
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1
2 16-98-304. Cost and fees.
3 (a) The adult or juvenile drug court program judge may order the
4 offender to pay:
5 (1) Court costs as provided in � 16-10-305;
6 (2) Treatment costs;
7 (3) Drug testing costs;
8 (4) A local drug court program user fee;
9 (5) Necessary supervision fees, including any applicable
10 residential treatment fees;
11 (6) Any fees determined or authorized under � 12-27-
12 125(b)(17)(B) or � 16-93-104(a)(1) that are to be paid to the Department
13 Division of Community Correction;
14 (7) Global Positioning System monitoring; and
15 (8) Continuous alcohol monitoring fees.
16 (b)(1) The drug court program judge shall establish a schedule for the
17 payment of costs and fees.
18 (2) The cost for treatment, drug testing, continuous alcohol
19 monitoring if ordered, and supervision shall be set by the treatment and
20 supervision providers respectively and made part of the order of the drug
21 court program judge for payment.
22 (3) Program Drug court program user fees shall be set by the
23 drug court program judge.
24 (4) Treatment, drug testing, continuous alcohol monitoring if
25 ordered, and supervision costs or fees shall be paid to the respective
26 providers.
27 (5) Fees determined or authorized under � 12-27-125(b)(17)(B) or
28 � 16-93-104(a)(1) shall be paid to the Department Division of Community
29 Correction.
30 (6)(A) All court costs and program user fees assessed by the
31 drug court judge shall be paid to the court clerk designated collector for
32 remittance to the county treasury under � 14-14-1313.
33 (B) All installment payments shall initially be deemed to
34 be collection of court costs under � 16-10-305 until the court costs have
35 been collected in full with any remaining payments representing collections
36 of other fees and costs as authorized in this section and shall be credited
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1 to the county administration of justice fund and distributed under � 16-10-
2 307.
3 (C) Local program user fees shall be credited to a fund
4 known as the "drug court program fund" and appropriated by the quorum court
5 for the benefit and administration of the drug court program.
6 (7) Court orders for costs and fees shall remain an obligation
7 of the offender with court monitoring until fully paid.
8 (c) A circuit court may not assess and collect a fee if the circuit
9 court is operating a specialty court program that has not previously been
10 approved or no longer meets the approval criteria of the Supreme Court.
11
12 16-98-305. Required resources.
13 Each approved drug court program established under this subchapter,
14 subject to an appropriation, funding, and position authorization, both
15 programmatic and administrative, shall be provided with the following
16 resources:
17 (1) The Department Division of Community Correction shall
18 provide the following pursuant to � 16-98-303(b)(2) for adult offenders:
19 (A)(i) Except as provided in subdivision (1)(A)(ii) of
20 this section, provide a A minimum of one (1) drug counselor position for
21 every thirty (30) drug court program participants.;
22 (ii) If a drug court judge does not require the drug
23 counselor position or positions described in subdivision (1)(A)(i) of this
24 section, funding for a drug counselor or counselors shall be provided under
25 subdivision (1)(E)(i) of this section;
26 (B) Provide a A minimum of one (1) probation officer
27 position for every forty (40) drug court participants;
28 (C) Provide a A minimum of one (1) administrative
29 assistant position for each drug court program; and
30 (D) Provide for drug Drug screens and testing as needed;
31 and
32 (E)(i) Based upon a formula to be developed by the
33 Administrative Office of the Courts, reviewed by the Specialty Court Program
34 Advisory Committee, and approved by the Legislative Council, provide for:
35 (a) Intensive outpatient treatment to be made
36 available to the drug court program in each judicial district;
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1 (b) Short-term and long-term inpatient
2 treatment to be made available to the drug court program in each judicial
3 district; and
4 (c) A drug court judge to contract with a
5 local licensed treatment provider for counseling services for drug court
6 participants so that each privately contracted addiction counselor does not
7 have more than thirty (30) drug court participants in his or her caseload.
8 (ii) The Department of Community Correction shall
9 enter into an interagency memorandum of understanding with the Administrative
10 Office of the Courts in order to establish the process and procedures for the
11 payment of treatment services ordered by a drug court judge and funded
12 through the Department of Community Correction.
13 (iii) Expenditures of funds for treatment services
14 allocated to each approved drug court program under the formula described in
15 subdivision (1)(E)(i) of this section shall be at the direction of a drug
16 court judge, except as limited by the procedures adopted in the memorandum of
17 understanding described in subdivision (1)(E)(ii) of this section;
18 (2) The Department of Human Services shall:
19 (A) Provide a minimum of one (1) drug counselor position
20 for every thirty (30) drug court program participants in delinquency cases,
21 dependency-neglect cases, and family in need of services cases;
22 (B) Provide for drug screens and testing as needed in
23 delinquency cases, dependency-neglect cases, and family in need of services
24 cases; and
25 (C) Provide for intensive outpatient treatment and short-
26 term and long-term inpatient treatment to be made available to the drug court
27 program in each judicial district in delinquency cases, dependency-neglect
28 cases, and family in need of services cases based upon a formula developed by
29 the Administrative Office of the Courts and reviewed by the Specialty Court
30 Program Advisory Committee; and
31 (3) The Administrative Office of the Courts shall:
32 (A) Provide funding to be reviewed by the Specialty Court
33 Program Advisory Committee for additional ongoing maintenance and operation
34 costs of a local approved drug court program not provided by the Department
35 of Community Correction or the Department of Human Services, including local
36 drug court program supplies, education, travel, and related expenses;
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1 (B) Provide direct support to the drug court program judge
2 and drug court program;
3 (C)(B) Provide coordination between the multidisciplinary
4 team and the drug court judge;
5 (D)(C) Provide case management;
6 (E) Monitor compliance of drug court participants with
7 drug court program requirements; and
8 (F)(D) Provide assistance and support to the Specialty
9 Court Program Advisory Committee for the evaluation of adult and juvenile
10 specialty court programs.
11
12 16-98-306. Collection of data.
13 (a)(1) An approved drug court program shall collect and provide
14 monthly data on drug court program applicants and all participants as
15 required by the Specialty Court Program Advisory Committee in accordance with
16 the rules promulgated under � 10-3-2901.
17 (2) The data shall may include:
18 (A) The total number of applicants;
19 (B) The total number of participants;
20 (C) The total number of successful applicants;
21 (D) The total number of successful participants;
22 (E) The total number of unsuccessful participants and the
23 reason why each unsuccessful participant did not complete the drug court
24 program;
25 (F) Information about what happened to each unsuccessful
26 participant;
27 (G) The total number of participants who were arrested for
28 a new criminal offense while in the drug court program;
29 (H)(G) The total number of participants who were convicted
30 of a new criminal offense while in the drug court program;
31 (I)(H) The total number of participants who committed a
32 violation of one (1) or more conditions of the drug court program and the
33 resulting sanction;
34 (J)(I) The results of the initial risk-needs assessment or
35 other appropriate clinical assessment conducted on each participant;
36 (K)(J) The total amount of time each drug court program
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1 participant was in the drug court program; and
2 (L)(K) Any other data or information as required by the
3 Specialty Court Program Advisory Committee in accordance with the rules
4 promulgated under � 10-3-2901.
5 (b) The data collected for evaluation purposes under subsection (a) of
6 this section shall:
7 (1) Include a minimum standard data set developed and specified
8 by the Specialty Court Program Advisory Committee; and
9 (2) Be maintained in the court files or be otherwise accessible
10 by the courts and the Specialty Court Program Advisory Committee Each court
11 operating a specialty court program shall utilize the case management system
12 provided by the Administrative Office of the Courts to maintain data on
13 applicants and program participants.
14 (c)(1) As directed by the Specialty Court Program Advisory Committee,
15 after an individual is discharged either upon completion or termination of a
16 drug court program, the drug court program shall conduct, as much as
17 practical, follow-up contacts with and reviews of former drug court program
18 participants for key outcome indicators of drug use, recidivism, and
19 employment.
20 (2)(A) The follow-up contacts with and reviews of former drug
21 court program participants shall be conducted as frequently and for a period
22 of time as determined by the Specialty Court Program Advisory Committee based
23 upon the nature of the drug court program and the nature of the participants.
24 (B) The follow-up contacts with and reviews of former drug
25 court participants are not extensions of the drug court's jurisdiction over
26 the drug court participants.
27 (d) For purposes of standardized measurement of success of drug court
28 programs across the state, the Specialty Court Program Advisory Committee
29 shall may adopt an operational definition of terms such as "recidivism",
30 "retention", "relapses", "restarts", "sanctions imposed", and "incentives
31 given" to be used in any evaluation and report of drug court programs.
32 (e) Each drug specialty court program shall provide to the Specialty
33 Court Program Advisory Committee and the Administrative Office of the Courts
34 Specialty Court Division all information requested by the Specialty Court
35 Program Advisory Committee.
36 (f) The Division of Drug Court Programs Administrative Office of the
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1 Courts, the Division of Community Correction, the Division of Aging, Adult,
2 and Behavioral Health Services of the Department of Human Services, and the
3 Arkansas Crime Information Center shall work together to share and make
4 available data to provide a comprehensive data management system for the
5 state's drug court programs.
6 (g) The Administrative Office of the Courts shall collect monthly data
7 reports submitted by approved drug courts court programs and provide the
8 monthly data reports to the Specialty Court Program Advisory Committee.
9 (h) The Specialty Court Program Advisory Committee shall:
10 (1) Submit a report by July 1 of each year summarizing the data
11 collected and outcomes achieved by all approved specialty courts; and
12 (2) Contract with a third-party evaluator every five (5) years
13 to conduct an evaluation on the effectiveness of the specialty court program
14 in complying with the key components of � 16-98-302(b).
15
16 SECTION 9. Arkansas Code � 16-100-101(2), concerning definitions
17 related to mental health and the judicial system, is amended to read as
18 follows:
19 (2) "Mental illness" means a condition of a person who has or
20 has had in the past a diagnosable mental, behavioral, or emotional disorder
21 of sufficient duration to meet diagnostic criteria specified by the
22 Diagnostic and Statistical Manual of Mental Disorders as it existed on
23 January 1, 2017, that has resulted in functional impairment that
24 substantially interferes with or limits one (1) or more major life
25 activities; and
26
27 SECTION 10. Arkansas Code � 16-100-202(b), concerning the goals of a
28 mental health specialty court program, is repealed.
29 (b) Mental health specialty court program success is determined by the
30 rate of recidivism of all mental health specialty court program participants,
31 including mental health specialty court program participants who do not
32 graduate from the mental health specialty court program.
33
34 SECTION 11. Arkansas Code � 16-100-204 is amended to read as follows:
35 16-100-204. Administration of mental health specialty court program.
36 (a) A mental health specialty court program may require a separate
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1 judicial processing system differing in practice and design from the
2 traditional adversarial criminal prosecution and trial systems.
3 (b)(1) The administrative judge of the judicial district circuit shall
4 designate one (1) or more circuit judges to be mental health specialty court
5 judges and to administer the mental health specialty court program.
6 (2) If a county is in a judicial district circuit that does not
7 have a circuit judge who is able to administer the mental health specialty
8 court program on a consistent basis, the administrative plan for the judicial
9 circuit required by Supreme Court Administrative Order No. Number 14 may
10 designate a district court judge to be a mental health specialty court judge
11 and to administer the mental health specialty court program.
12 (c) A mental health specialty court team shall be designated by a
13 mental health specialty court judge and may include:
14 (1) A circuit judge;
15 (2) A prosecuting attorney;
16 (3) A public defender or private defense attorney;
17 (4) One (1) or more healthcare providers with experience in the
18 field of mental health treatment;
19 (5) One (1) or more probation officers;
20 (6) One (1) or more private mental health treatment provider
21 representatives with experience in the field of mental health treatment; and
22 (7) Any other individual determined necessary by the mental
23 health specialty court judge.
24 (d) Each judicial district may circuit shall develop a training and
25 implementation manual for the mental health specialty court program with the
26 assistance of the:
27 (1) Department of Human Services;
28 (2) Department of Health;
29 (3) Division of Community Correction;
30 (4) Administrative Office of the Courts; and
31 (5) Other federal, state, and local agencies, organizations, or
32 entities with an established history of expertise in mental health
33 conditions.
34
35 SECTION 12. Arkansas Code � 16-100-208 is amended to read as follows:
36 16-100-208. Completion of program -- Dismissal of case -- Sealing of
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1 record.
2 (a) Upon the mental health specialty court's own motion or upon a
3 request from a mental health specialty court program participant or his or
4 her attorney, a mental health specialty court may order dismissal of the case
5 against the mental health specialty court program participant and the sealing
6 of the record if:
7 (1) The mental health specialty court program participant has
8 successfully completed the mental health specialty court program, as
9 determined by the mental health specialty court;
10 (2) The mental health specialty court program participant has
11 received aftercare programming or a course of continuing mental health
12 treatment if recommended by the mental health specialty court program
13 participant's healthcare provider;
14 (3) The mental health specialty court has received a
15 recommendation from the prosecuting attorney for dismissal of the case and
16 the sealing of the record; and
17 (4) The mental health specialty court, after considering the
18 mental health specialty court program participant's criminal history,
19 determines that dismissal of the case and the sealing of the record are
20 appropriate.
21 (b) Unless otherwise ordered by the mental health specialty court,
22 sealing of the record under this section shall be as described in the
23 Comprehensive Criminal Record Sealing Act of 2013, � 16-90-1401 et seq.
24 (c) If a mental health specialty court program participant has
25 successfully completed the program and has his or her case dismissed under
26 this section � 16-9-1602, he or she may petition the mental health specialty
27 court for relief from disability to restore the mental health specialty court
28 program participant's right to purchase a firearm and to otherwise be removed
29 from the Federal Bureau of Investigation's National Instant Criminal
30 Background Check System database.
31
32 SECTION 13. Arkansas Code � 16-101-101 is amended to read as follows:
33 16-101-101. Specialty court authorized -- Program authorized --
34 Evaluation -- Restriction on services and treatment.
35 (a) A circuit court may establish a veterans treatment specialty court
36 program, subject to approval by the Supreme Court in the administrative plan
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1 submitted under Supreme Court Administrative Order No. Number 14.
2 (b) A veterans treatment specialty court is a specialized court within
3 the existing structure of the court system.
4 (c) The goals of the veterans treatment specialty court program shall
5 be consistent with standards adopted by the United States Department of
6 Justice and the National Association of Drug Court Professionals, as they
7 existed on January 1, 2021 national standards.
8 (d) A veterans treatment specialty court program is subject to
9 evaluation by the Specialty Court Program Advisory Committee under � 16-10-
10 139.
11 (e)(1) A veterans treatment specialty court may not order any
12 services, including mental health or substance use disorder treatment under
13 this chapter unless:
14 (A) An administrative and programmatic appropriation has
15 been made for the services;
16 (B) Administrative and programmatic funding is available
17 for the services; and
18 (C) Administrative and programmatic positions have been
19 authorized for the services.
20 (2) If the requirements of subdivision (e)(1) of this section
21 are not met, a veterans treatment specialty court may still order services if
22 the provider waives payment or if the specialty court participant has private
23 insurance that will pay for the services.
24
25 SECTION 14. Arkansas Code � 16-101-106 is repealed.
26 16-101-106. Completion of program -- Dismissal of case -- Sealing of
27 record.
28 (a) A veterans treatment specialty court judge, on his or her own
29 motion or upon request from a veterans treatment specialty court program
30 participant, may order dismissal of a veterans treatment specialty court
31 program participant's case if:
32 (1) The veterans treatment specialty court program participant
33 has successfully completed the veterans treatment specialty court program, as
34 determined by the veterans treatment specialty court judge;
35 (2) The veterans treatment specialty court judge has received a
36 recommendation from the prosecuting attorney for dismissal of the veterans
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1 treatment specialty court program participant's case and the sealing of the
2 record; and
3 (3) The veterans treatment specialty court judge, after
4 considering the veterans treatment specialty court program participant's past
5 criminal history, determines that the dismissal of the veterans treatment
6 specialty court program participant's case and the sealing of the record are
7 appropriate.
8 (b)(1) Except as provided in subdivision (b)(2) of this section, if
9 the veterans treatment specialty court program participant has pleaded guilty
10 or nolo contendere to or has been found guilty of an offense falling within a
11 target group under � 16-93-1202(10)(A)(i) in another circuit court in this
12 state, the veterans treatment specialty court judge may order dismissal of
13 the veterans treatment specialty court program participant's case and the
14 sealing of the record for an offense falling within the target group with the
15 written concurrence of the other circuit court.
16 (2) The following offenses are not eligible for sealing under
17 subdivision (b)(1) of this section:
18 (A) Residential burglary, � 5-39-201(a);
19 (B) Commercial burglary, � 5-39-201(b);
20 (C) Breaking or entering, � 5-39-202; and
21 (D) Driving or boating while intoxicated, � 5-65-103.
22 (c) Unless otherwise ordered by the veterans treatment specialty court
23 judge, sealing under this subsection shall be as described in the
24 Comprehensive Criminal Record Sealing Act of 2013, � 16-90-1401 et seq.
25
26 SECTION 15. Arkansas Code � 16-102-102(d)(1), concerning the
27 jurisdiction of a DWI/BWI specialty court program, is amended to read as
28 follows:
29 (d)(1) The DWI/BWI specialty court shall have jurisdiction of a DWI/BWI
30 specialty court program participant for sixteen (16) months from the date of
31 sentencing to complete the DWI/BWI specialty court program in conformance
32 with the standards adopted by the United States Department of Justice and
33 recommended by the National Center for DWI Courts, as they existed on January
34 1, 2021.
35
36 SECTION 16. Arkansas Code � 16-102-102(g), concerning probation
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1 services in a DWI/BWI specialty court program, is amended to read as follows:
2 (g) Subject to Under � 5-65-108, probation and any other services
3 ordered by the DWI/BWI specialty court shall be ordered may utilize
4 probationary supervision to monitor a person's compliance with program
5 requirements and other court orders after the person pleads guilty or nolo
6 contendere to driving or boating while intoxicated, � 5-65-103.
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29 03/18/2025 1:13:03 PM CEB159Every fact on this page links to its source, starting with the official bill record.