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1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 SENATE BILL 340
4
5 By: Senator A. Clark
6
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND ARKANSAS LAW CONCERNING CERTAIN FEES,
10 EXPENSES, AND COSTS IMPOSED ON A JUVENILE OR THE
11 PARENT, GUARDIAN, OR CUSTODIAN OF A JUVENILE; AND FOR
12 OTHER PURPOSES.
13
14
15 Subtitle
16 TO AMEND ARKANSAS LAW CONCERNING CERTAIN
17 FEES, EXPENSES, AND COSTS IMPOSED ON A
18 JUVENILE OR THE PARENT, GUARDIAN, OR
19 CUSTODIAN OF A JUVENILE.
20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
23 SECTION 1. Arkansas Code � 6-18-222(a)(5)(A), concerning the penalty
24 for unexcused absences and the revocation of driving privileges, is amended
25 to read as follows:
26 (5)(A) When a student exceeds the number of unexcused absences
27 provided for in the district's or the Career Education and Workforce
28 Development Board's student attendance policy, or when a student has violated
29 the conditions of an agreement granting special arrangements under
30 subdivision (a)(4)(D) of this section, the school district or the adult
31 education program shall notify the prosecuting authority and the community
32 truancy board, if a community truancy board has been created, and the
33 student's parent, guardian, or person in loco parentis shall be subject to a
34 civil penalty through a family in need of services action in circuit court,
35 as authorized under subdivision (a)(6)(A) of this section, but not to exceed
36 five hundred dollars ($500) plus costs of court and any reasonable fees
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1 assessed by the court.
2
3 SECTION 2. DO NOT CODIFY. Arkansas Code Title 9, Chapter 27, is
4 renamed "Proceedings Involving Juveniles".
5
6 SECTION 3. Arkansas Code � 9-27-303(33), concerning the definition of
7 "juvenile" as applicable to the Arkansas Juvenile Code of 1989, is amended to
8 read as follows:
9 (33) "Juvenile" means an individual who is:
10 (A) From birth to eighteen (18) years of age, whether
11 married or single; or
12 (B) Adjudicated delinquent, a juvenile member of a family
13 in need of services, or dependent or dependent-neglected by the juvenile
14 division of circuit court prior to before reaching eighteen (18) years of age
15 and for whom the juvenile division of circuit court retains jurisdiction; or
16 (C) Both of the following:
17 (i) Under eighteen (18) years of age; and
18 (ii) Under the jurisdiction of the criminal division
19 of a circuit court or under the jurisdiction of the juvenile division of a
20 circuit court under this subchapter;
21
22 SECTION 4. Arkansas Code � 9-27-316(b), concerning the right to
23 counsel under the Arkansas Juvenile Code of 1989, is amended to read as
24 follows:
25 (b)(1)(A)(i) The inquiry concerning the ability of the juvenile to
26 retain counsel shall include a consideration of the juvenile's financial
27 resources and the financial resources of his or her family There is a
28 rebuttable presumption that a juvenile is indigent for the purpose of
29 appointing counsel.
30 (ii)(a) Except as provided by subdivision
31 (b)(1)(A)(ii)(b) of this section, if the court appoints counsel to represent
32 a juvenile, the appointment shall be made at no cost to the juvenile or the
33 parent, guardian, or custodian of the juvenile.
34 (b) Subdivision (b)(1)(A)(ii)(a) of this
35 section is subject to funding and appropriation by the General Assembly.
36 (B) However, the The failure of the juvenile's family to
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1 retain counsel for the juvenile shall not deprive the juvenile of the right
2 to appointed court-appointed counsel if required under this section.
3 (2) After review by the court of an affidavit of financial means
4 completed and verified by the parent of the juvenile and a determination by
5 the court that the parent or juvenile has the ability to pay, the The court
6 may shall not order financially able juveniles, parents, guardians, or
7 custodians a juvenile or the parent, guardian, or custodian of a juvenile to
8 pay all or part of reasonable the attorney's fees and expenses for
9 representation of a the juvenile.
10 (3) All moneys collected by the circuit clerk under this
11 subsection shall be retained by the clerk and deposited into a special fund
12 to be known as the "juvenile representation fund" The court shall not order a
13 juvenile or the parent, guardian, or custodian of a juvenile to pay a fee
14 related to the cost of providing the juvenile with counsel.
15 (4) The court may direct that money from this fund be used in
16 providing counsel for juveniles under this section in delinquency or family-
17 in-need-of-services cases and indigent parents or guardians in dependency-
18 neglect cases as provided by subsection (h) of this section.
19 (5) Any money remaining in the fund at the end of the fiscal
20 year shall not revert to any other fund but shall carry over into the next
21 fiscal year in the juvenile representation fund.
22
23 SECTION 5. Arkansas Code � 9-27-323 is amended to read as follows:
24 9-27-323. Diversion -- Conditions -- Agreement -- Completion -- Definition.
25 (a) If the prosecuting attorney, after consultation with the intake
26 officer, determines that a diversion of a delinquency case is in the best
27 interests of the juvenile and the community, the officer with the consent of
28 the juvenile and his or her parent, guardian, or custodian may attempt to
29 make a satisfactory diversion of a case.
30 (b) If the intake officer determines that a diversion of a family in
31 need of services case is in the best interest of the juvenile and the
32 community, the officer with the consent of the petitioner, juvenile, and his
33 or her parent, guardian, or custodian may attempt to make a satisfactory
34 diversion of a case.
35 (c) In addition to the requirements of subsections (a) and (b) of this
36 section, a diversion of a case is subject to the following conditions:
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1 (1) The juvenile has admitted his or her involvement in:
2 (A) A delinquent act for a delinquency diversion; or
3 (B) A family in need of services act for a family in need
4 of services diversion;
5 (2) The intake officer advises the juvenile and his or her
6 parent, guardian, or custodian that they have the right to refuse a diversion
7 of the case and demand the filing of a petition and a formal adjudication;
8 (3) Any diversion agreement is entered into voluntarily and
9 intelligently by the juvenile with the advice of his or her attorney or by
10 the juvenile with the consent of a parent, guardian, or custodian if the
11 juvenile is not represented by counsel;
12 (4) The diversion agreement provides for the supervision of a
13 juvenile or the referral of the juvenile to a public or private agency for
14 services not to exceed six (6) months;
15 (5) All other terms of a diversion agreement do not exceed nine
16 (9) months; and
17 (6) The juvenile and his or her parent, guardian, or custodian
18 shall have the right to terminate the diversion agreement at any time and to
19 request the filing of a petition and a formal adjudication.
20 (d)(1) The terms of the diversion agreement shall:
21 (A) Be in writing in simple, ordinary, and understandable
22 language;
23 (B) State that the agreement was entered into voluntarily
24 by the juvenile;
25 (C) Name the attorney or other person who advised the
26 juvenile upon the juvenile's entering into the agreement; and
27 (D) Be signed by all parties to the agreement and by the
28 prosecuting attorney if it is a delinquency case and the offense would
29 constitute a felony if committed by an adult or a family in need of services
30 case pursuant to � 6-18-222.
31 (2)(A) A Except as provided by subdivision (d)(2)(B) of this
32 section, at no cost to the juvenile or the parent, guardian, or custodian of
33 the juvenile, a copy of the diversion agreement shall be given to the
34 juvenile, the counsel for the juvenile, the parent, guardian, or custodian of
35 the juvenile, and the intake officer, who shall retain the copy of the
36 diversion agreement in the case file.
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1 (B) Subdivision (d)(2)(A) of this section is subject to
2 funding and appropriation by the General Assembly.
3 (e) Diversion agreements shall be:
4 (1) Implemented by all juvenile courts based on validated
5 assessment tools; and
6 (2) Used to provide for:
7 (A) Nonjudicial probation under the supervision of the
8 intake officer or probation officer for a period during which the juvenile
9 may be required to comply with specified conditions concerning his or her
10 conduct and activities;
11 (B) Participation in a court-approved program of
12 education, counseling, or treatment;
13 (C) Participation in a court-approved teen court;
14 (D) Participation in a juvenile drug court program;
15 (E) Enrollment in the Regional Educational Career
16 Alternative School System for Adjudicated Youth; and
17 (F)(i) Payment of restitution to the victim.
18 (ii) Payments of restitution under subdivision
19 (e)(2)(F)(i) of this section shall be paid under � 16-13-326.
20 (f)(1)(A) If a diversion of a complaint has been made, a petition
21 based upon the events out of which the original complaint arose may be filed:
22 (i) At no cost to the juvenile or the parent,
23 guardian, or custodian of the juvenile; and
24 (ii) only Only during the period for which the
25 agreement was entered into.
26 (B) Subdivision (f)(1)(A)(i) of this section is subject to
27 funding and appropriation by the General Assembly.
28 (2) If a petition is filed within this period, the juvenile's
29 compliance with all proper and reasonable terms of the agreement shall be
30 grounds for dismissal of the petition by the court.
31 (g) The diversion agreement may be terminated, and the prosecuting
32 attorney in a delinquency case or the petitioner in a family in need of
33 services case may file a petition, at no cost to the juvenile or the parent,
34 guardian, or custodian of the juvenile, if at any time during the agreement
35 period:
36 (1) The juvenile or his or her parent, guardian, or custodian
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1 declines to further participate in the diversion process;
2 (2) The juvenile fails, without reasonable excuse, to attend a
3 scheduled conference;
4 (3) The juvenile appears unable or unwilling to benefit from the
5 diversion process; or
6 (4) The intake officer becomes apprised of new or additional
7 information that indicates that further efforts at diversion would not be in
8 the best interests of the juvenile or society.
9 (h) Upon the satisfactory completion of the diversion period:
10 (1) The juvenile shall be dismissed without further proceedings;
11 (2) The intake officer shall furnish written notice of the
12 dismissal to the juvenile and his or her parent, guardian, or custodian; and
13 (3)(A) The complaint and the diversion agreement, and all
14 references thereto to the complaint and the diversion agreement, may be
15 expunged by the court from the juvenile's file at no cost to the juvenile or
16 the parent, guardian, or custodian of the juvenile, except as provided by
17 subdivision (h)(3)(B) of this section.
18 (B) Subdivision (h)(3)(A) of this section is subject to
19 funding and appropriation by the General Assembly.
20 (i)(1) A juvenile intake or probation officer may charge a diversion
21 fee only after review of an affidavit of financial means and a determination
22 of the juvenile's or the juvenile's parent's, guardian's, or custodian's
23 ability to pay the fee juvenile or the parent, guardian, or custodian of a
24 juvenile shall not be charged a diversion fee.
25 (2) The diversion fee shall not exceed twenty dollars ($20.00)
26 per month to the juvenile division of circuit court.
27 (3) The court may direct that the fees be collected by the
28 juvenile officer, sheriff, or court clerk for the county in which the fees
29 are charged.
30 (4) The officer designated by the court to collect diversion
31 fees shall maintain receipts and account for all incoming fees and shall
32 deposit the fees at least weekly into the county treasury of the county where
33 the fees are collected and in which diversion services are provided.
34 (5) The diversion fees shall be deposited into the account with
35 the juvenile service fees under � 16-13-326.
36 (j)(1) In judicial districts having more than one (1) county, the
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1 judge may designate the treasurer of one (1) of the counties in the district
2 as the depository of all juvenile fees collected in the district.
3 (2) The treasurer so designated by the court shall maintain a
4 separate account of the juvenile fees collected and expended in each county
5 in the district.
6 (3) Money remaining at the end of the fiscal year shall not
7 revert to any other fund but shall carry over to the next fiscal year.
8 (4) The funds derived from the collection of diversion fees
9 shall be used by agreement of the judge or judges of the circuit court
10 designated to hear juvenile cases in their district plan pursuant to Supreme
11 Court Administrative Order No. 14, originally issued April 6, 2001, and the
12 quorum court of the county to provide services and supplies to juveniles at
13 the discretion of the juvenile division of circuit court.
14 (k)(1)(j)(1) The Department of Human Services shall develop a
15 statewide referral protocol for helping to coordinate the delivery of
16 services to sexually exploited children.
17 (2) As used in this section, "sexually exploited child" means a
18 person less than eighteen (18) years of age who has been subject to sexual
19 exploitation because the person:
20 (A) Is a victim of trafficking of persons under � 5-18-
21 103;
22 (B) Is a victim of child sex trafficking under 18 U.S.C. �
23 1591, as it existed on January 1, 2013; or
24 (C) Engages in an act of prostitution under � 5-70-102 or
25 sexual solicitation under � 5-70-103.
26 (k)(1) Except as provided by subdivision (k)(2) of this section, the
27 diversion of a case under this section shall be implemented and administered
28 at no cost to the juvenile or the parent, guardian, or custodian of the
29 juvenile.
30 (2) Subdivision (k)(1) of this section is subject to funding and
31 appropriation by the General Assembly.
32
33 SECTION 6. Arkansas Code � 9-27-330(a), concerning juveniles found to
34 be delinquent, is amended to read as follows:
35 (a) If a juvenile is found to be delinquent, the circuit court may
36 enter an order making any of the following dispositions based upon the best
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1 interest of the juvenile:
2 (1)(A) Transfer legal custody of the juvenile to any licensed
3 agency responsible for the care of delinquent juveniles or to a relative or
4 other individual.
5 (B)(i) Commit the juvenile to the Division of Youth
6 Services using the validated risk assessment system for Arkansas juvenile
7 offenders selected by the Juvenile Judges Committee of the Arkansas Judicial
8 Council with the division and distributed and administered by the
9 Administrative Office of the Courts.
10 (ii)(a) The validated risk assessment system
11 selected by the Juvenile Judges Committee of the Arkansas Judicial Council
12 with the division shall be:
13 (1) The only validated risk assessment
14 used by courts for commitment;
15 (2) Used throughout the state; and
16 (3) Applied to all commitment decisions
17 for all juvenile offenders.
18 (b) The validated risk assessment may be
19 changed to another validated risk assessment system by the Juvenile Judges
20 Committee of the Arkansas Judicial Council with the division.
21 (iii)(a) In an order of commitment, the court
22 may recommend that a juvenile be placed in a treatment program or community-
23 based program instead of a youth services center and shall make specific
24 findings in support of such a placement in the order.
25 (b) The court shall also specify in its
26 recommendation whether it is requesting a division aftercare plan upon the
27 juvenile's release from the division.
28 (c) A court may not commit a juvenile to
29 the division if the juvenile is adjudicated delinquent of only a misdemeanor
30 offense unless the:
31 (1) Juvenile is determined to be
32 moderate risk or high risk by the validated risk assessment; and
33 (2) Court makes specific findings
34 as to the factors considered for the disposition to be in the juvenile's best
35 interest.
36 (d) A court may not commit a juvenile to
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1 the division if the juvenile is adjudicated delinquent of only a misdemeanor
2 offense and the juvenile is determined to be low risk by the validated risk
3 assessment.
4 (iv) A circuit court committing a juvenile to the
5 division under subdivision (a)(1)(B)(iii) of this section shall make written
6 findings and consider the following factors in making its determination to
7 commit the juvenile to the division:
8 (a) The previous history of the juvenile,
9 including without limitation whether:
10 (1) The juvenile has been adjudicated
11 delinquent and, if so, whether the offense was against a person or property;
12 and
13 (2) Any other previous history of
14 antisocial behavior or patterns of physical violence exist;
15 (b) Whether the circuit court has previously
16 offered less restrictive programs or services to the juvenile and whether
17 there are less restrictive programs or services available to the court that
18 are likely to rehabilitate the juvenile before the expiration of the court's
19 jurisdiction;
20 (c) Written reports and other materials
21 relating to the juvenile's mental, physical, educational, and social history;
22 and
23 (d) Any other factors deemed relevant by the
24 circuit court.
25 (v) Upon receipt of an order of commitment with
26 recommendations for placement, the division shall consider the
27 recommendations of the committing court in placing a juvenile in a youth
28 services facility or a community-based program.
29 (vi) Upon receipt of an order of commitment, the
30 division or its contracted provider or designee shall prepare a written
31 treatment plan that:
32 (a) States the treatment plan for the
33 juvenile, including the types of programs and services that will be provided
34 to the juvenile;
35 (b) States the anticipated length of the
36 juvenile's commitment;
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1 (c)(1) States recommendations as to the most
2 appropriate post-commitment placement for the juvenile.
3 (2) If the juvenile cannot return to the
4 custody of his or her parent, guardian, or custodian because of child
5 maltreatment, which includes the parent's, guardian's, or custodian's
6 refusing to take responsibility for the juvenile, the division shall
7 immediately contact the Office of Chief Counsel of the Department of Human
8 Services.
9 (3) The Office of Chief Counsel of the
10 Department of Human Services shall petition the committing court to determine
11 the issue of custody of the juvenile;
12 (d) States any post-commitment community-based
13 services that will be offered to the juvenile and to his or her family by the
14 division or the community-based provider;
15 (e)(1) Outlines an aftercare plan, if
16 recommended, including specific terms and conditions required of the juvenile
17 and the community-based provider.
18 (2) If the juvenile progresses in
19 treatment and an aftercare plan is no longer recommended or the terms of the
20 aftercare plan need to be amended as a result of treatment changes, any
21 change in the terms of the aftercare plan and conditions shall be provided in
22 writing and shall be explained to the juvenile.
23 (3) The terms and conditions shall be
24 provided also to the prosecuting attorney, the juvenile's attorney, and to
25 the juvenile's legal parent, guardian, or custodian by the division or its
26 designee before the juvenile's release from the division.
27 (4) All aftercare terms shall be
28 provided to the committing court; and
29 (f)(1) The treatment plan shall be filed with
30 the committing court no later than thirty (30) days from the date of the
31 commitment order or before the juvenile's release, whichever is sooner.
32 (2) A copy of the written treatment plan
33 shall be provided at no cost to the juvenile or the juvenile's parent,
34 guardian, or custodian and shall be explained to the juvenile.
35 (3) A copy shall be provided to the
36 prosecutor, the juvenile's attorney, and to the juvenile's legal parent,
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1 guardian, or custodian and shall be filed in the court files of any circuit
2 court where a dependency-neglect or family in need of services case
3 concerning that juvenile is pending.
4 (C) This transfer of custody shall not include placement
5 of adjudicated delinquents into the custody of the Department of Human
6 Services for the purpose of foster care except as under the Child
7 Maltreatment Act, � 12-18-101 et seq.;
8 (2) Order the juvenile or members of the juvenile's family to
9 submit to physical, psychiatric, or psychological evaluations at no cost to
10 the juvenile or the parent, guardian, or custodian of the juvenile;
11 (3) Grant permanent custody to an individual upon proof that the
12 parent or guardian from whom the juvenile has been removed has not complied
13 with the orders of the court and that no further services or periodic reviews
14 are required;
15 (4)(A) Place the juvenile on probation under those conditions
16 and limitations that the court may prescribe pursuant to � 9-27-339(a).
17 (B)(i) In addition, the court shall have the right as a
18 term of probation to require the juvenile to attend school or make
19 satisfactory progress toward attaining a high school equivalency diploma
20 approved by the Adult Education Section.
21 (ii) The court shall have the right to revoke
22 probation if the juvenile fails to regularly attend school or if satisfactory
23 progress toward attaining a high school equivalency diploma approved by the
24 Adult Education Section is not being made;
25 (5) Order a probation fee, not to exceed twenty dollars ($20.00)
26 per month, as provided in � 16-13-326(a);
27 (6) Assess a court cost of no more than thirty-five dollars
28 ($35.00) to be paid by the juvenile, his or her parent, both parents, or his
29 or her guardian;
30 (7)(A)(5)(A) Order restitution to be paid by the juvenile, a
31 parent, both parents, the guardian, or his or her custodian or the parent,
32 guardian, or custodian of the juvenile.
33 (B) If the custodian is the State of Arkansas, both
34 liability and the amount that may be assessed shall be determined by the
35 Arkansas State Claims Commission;
36 (8) Order a fine of not more than five hundred dollars ($500) to
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1 be paid by the juvenile, a parent, both parents, or the guardian;
2 (9)(6)(A) Order that the juvenile and his or her parent, both
3 parents, or the guardian the parent, guardian, or custodian of the juvenile
4 perform court-approved volunteer service in the community designed to
5 contribute to the rehabilitation of the juvenile or to the ability of the
6 parent, or guardian, or custodian of the juvenile to provide proper parental
7 care and supervision of the juvenile, not to exceed one hundred sixty (160)
8 hours.
9 (B) The juvenile or the parent, guardian, or
10 custodian of the juvenile shall not be required to:
11 (i) Participate in volunteer service in the
12 community for more than one hundred sixty (160) hours; or
13 (ii) Pay a cost for participating in the
14 volunteer service in the community;
15 (10)(A)(7)(A) Order that the parent, both parents, or the
16 guardian, or custodian of the juvenile attend a court-approved parental
17 responsibility training program if available.
18 (B) The court may make reasonable orders requiring proof
19 of completion of the court-approved parental responsibility training program
20 within a certain time period and payment of a fee covering the cost of the
21 training program.
22 (C) The court may provide that any violation of such
23 orders shall subject the parent, both parents, or the guardian, or custodian
24 of the juvenile to the contempt sanctions of the court.
25 (D) The parent, guardian, or custodian of the juvenile
26 shall not be required to pay the cost for attending the court-approved
27 parental responsibility training program;
28 (11)(A)(i)(8)(A)(i) Order that the juvenile remain in a juvenile
29 detention facility for an indeterminate period not to exceed ninety (90) days
30 at no cost to the juvenile or the parent, guardian, or custodian of the
31 juvenile.
32 (ii) The court may further order that the juvenile
33 be eligible for work release or to attend school or other educational or
34 vocational training at no cost to the juvenile or the parent, guardian, or
35 custodian of the juvenile.
36 (B) The juvenile detention facility shall afford
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1 opportunities for education, recreation, and other rehabilitative services to
2 adjudicated delinquents at no cost to the juvenile or the parent, guardian,
3 or custodian of the juvenile;
4 (12)(9)(A) Place the juvenile on residential detention with
5 electronic monitoring, either in the juvenile's home or in another facility
6 as ordered by the court, at no cost to the juvenile or the parent, guardian,
7 or custodian of the juvenile;.
8 (13)(A)(B) Order the parent, both parents, or the guardian
9 of any A juvenile or the parent, guardian, or custodian of a juvenile
10 adjudicated delinquent and committed to a youth services center, detained in
11 a juvenile detention facility, or placed on electronic monitoring to be shall
12 not be liable for the cost of the commitment, detention, or electronic
13 monitoring.;
14 (B)(i) The court shall take into account the financial
15 ability of the parent, both parents, or the guardian to pay for the
16 commitment, detention, or electronic monitoring.
17 (ii) The court shall take into account the past
18 efforts of the parent, both parents, or the guardian to correct the
19 delinquent juvenile's conduct.
20 (iii) If the parent is a noncustodial parent, the
21 court shall take into account the opportunity the parent has had to correct
22 the delinquent juvenile's conduct.
23 (iv) The court shall take into account any other
24 factors the court deems relevant;
25 (14)(10)(A) When a juvenile is committed to a youth services
26 center or detained in a juvenile detention facility and the juvenile is
27 covered by private health insurance, order the parent, or guardian, or
28 custodian of the juvenile to provide information on the juvenile's health
29 insurance coverage, including a copy of the health insurance policy and the
30 pharmacy card when available, to the juvenile detention center facility or
31 youth services center that has physical custody of the juvenile; or.
32 (B) The juvenile or the parent, guardian, or custodian of
33 the juvenile shall not be required to pay for the cost of medical treatment
34 received by the juvenile that is incurred while the juvenile is in the
35 physical custody of a juvenile detention facility or youth services center.
36 (C) The quality of medical care, including without
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1 limitation specialty care, provided to the juvenile while the juvenile is in
2 the physical custody of a juvenile detention facility or youth services
3 center shall not be dependent on the juvenile's health insurance coverage; or
4 (15)(A)(11)(A) Order the Department of Finance and
5 Administration to suspend the driving privileges of any juvenile adjudicated
6 delinquent.
7 (B) The order shall be prepared and transmitted to the
8 Department of Finance and Administration within twenty-four (24) hours after
9 the juvenile has been found delinquent and is sentenced to have his or her
10 driving privileges suspended.
11 (C) The court may provide in the order for the issuance of
12 a restricted driving permit to allow driving to and from a place of
13 employment or driving to and from school or for other circumstances.
14
15 SECTION 7. Arkansas Code � 9-27-330, concerning juvenile delinquency
16 dispositions and alternatives, is amended to add an additional subsection to
17 read as follows:
18 (k)(1) Except as provided by subdivision (k)(2) of this section, the
19 court shall not order a juvenile or the parent, guardian, or custodian of a
20 juvenile to pay costs, fees, or other expenses associated with a program or
21 service ordered by the court under this section.
22 (2) Subdivision (k)(1) of this section is subject to funding and
23 appropriation by the General Assembly.
24 (3) This subsection does not prohibit a court from ordering
25 restitution under subdivision (a)(5) of this section.
26
27 SECTION 8. Arkansas Code � 9-27-331(d)(1)(A), concerning limitations
28 on delinquency determinations, is amended to read as follows:
29 (d)(1)(A)(i) The court may enter an order for physical, psychiatric,
30 or psychological evaluation or counseling or treatment affecting the family
31 of a juvenile only after finding that the evaluation, counseling, or
32 treatment of family members is necessary for the treatment or rehabilitation
33 of the juvenile.
34 (ii)(a) Except as provided in subdivision
35 (d)(1)(A)(ii)(b) of this section, an order for physical, psychiatric, or
36 psychological evaluation or counseling or treatment of the family of a
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1 juvenile under subdivision (d)(1)(A)(i) of this section shall be provided at
2 no cost to the juvenile or the parent, guardian, or custodian of the
3 juvenile.
4 (b) Subdivision (d)(1)(A)(ii)(a) of this
5 section is subject to funding and appropriation by the General Assembly.
6
7 SECTION 9. Arkansas Code � 9-27-357 is amended to read as follows:
8 9-27-357. Deoxyribonucleic acid samples.
9 (a)(1) A person juvenile who is adjudicated delinquent for one (1) or
10 more of the following offenses shall have a deoxyribonucleic acid sample
11 drawn at no cost to the juvenile or the parent, guardian, or custodian of the
12 juvenile, except as provided in subdivision (a)(2) of this section:
13 (1)(A) Rape, � 5-14-103;
14 (2)(B) Sexual assault in the first degree, � 5-14-124;
15 (3)(C) Sexual assault in the second degree, � 5-14-125;
16 (4)(D) Incest, � 5-26-202;
17 (5)(E) Capital murder, � 5-10-101;
18 (6)(F) Murder in the first degree, � 5-10-102;
19 (7)(G) Murder in the second degree, � 5-10-103;
20 (8)(H) Kidnapping, � 5-11-102;
21 (9)(I) Aggravated robbery, � 5-12-103;
22 (10)(J) Terroristic act, � 5-13-310; and
23 (11)(K) Aggravated assault upon a law enforcement officer
24 or an employee of a correctional facility, � 5-13-211, if a Class Y felony.
25 (2) Subdivision (a)(1) of this section is subject to funding and
26 appropriation by the General Assembly.
27 (b) The court shall order a fine of two hundred fifty dollars ($250)
28 unless the court finds that the fine would cause an undue hardship.
29 (c)(1)(b)(1) Only a juvenile adjudicated delinquent for one (1) of the
30 offenses listed in subsection (a) of this section shall have a
31 deoxyribonucleic acid sample drawn upon intake at a juvenile detention
32 facility or intake at a Division of Youth Services facility.
33 (2) If the juvenile is not placed in a facility, the juvenile
34 probation officer to whom the juvenile is assigned shall ensure that the
35 deoxyribonucleic acid sample is drawn.
36 (d)(c) All deoxyribonucleic acid samples taken under this section
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1 shall be taken in accordance with rules promulgated by the State Crime
2 Laboratory.
3
4 SECTION 10. Arkansas Code � 9-27-367 is amended to read as follows:
5 9-27-367. Court costs, fees, and fines.
6 (a) The juvenile division of the circuit court may order the following
7 court costs, fees, and fines to be paid by adjudicated defendants to the
8 circuit court juvenile division fund as provided for in � 16-13-326:
9 (1) The court may assess an adjudicated delinquent court costs
10 not to exceed thirty-five dollars ($35.00) as provided under � 9-27-
11 330(a)(6);
12 (2) The court may assess an adjudicated family in need of
13 services court costs not to exceed thirty-five dollars ($35.00) as provided
14 under � 9-27-332(a)(8);
15 (3) The court may order a probation fee for juveniles
16 adjudicated delinquent not to exceed twenty dollars ($20.00) per month as
17 provided under � 9-27-330(a)(5);
18 (4)(2) The court may order a juvenile service fee for an
19 adjudicated family in need of services not to exceed twenty dollars ($20.00)
20 per month as provided under � 9-27-332(a)(9); and
21 (5) The court may order a fine for adjudicated delinquents of
22 not more than five hundred dollars ($500) as provided under � 9-27-330(a)(8);
23 (6)(3) The court may order a fine for an adjudicated family in
24 need of services of not more than five hundred dollars ($500) as provided
25 under � 9-27-332(a)(7); and
26 (7) A juvenile intake or probation officer may charge a
27 diversion fee limited to no more than twenty dollars ($20.00) per month as
28 provided under � 9-27-323.
29 (b)(1) The court shall direct that the juvenile division court costs
30 and fees be collected, maintained, and accounted for in the same manner as
31 juvenile probation and juvenile services fees as provided for in � 16-13-326.
32 (2) Except as provided in this section, in relation to a matter
33 involving a juvenile, the juvenile and the parent, guardian, or custodian of
34 the juvenile shall not be ordered to pay costs, fees, and fines or a
35 combination of costs, fees, and fines.
36
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1 SECTION 11. Arkansas Code � 9-27-602(d), concerning required
2 assessments for juvenile mental health services, is amended to read as
3 follows:
4 (d)(1) The court shall make a determination of the ability of the
5 parent, guardian, or custodian of the juvenile to pay in whole or in part for
6 mental health services A juvenile or the parent, guardian, or custodian of
7 the juvenile shall not be required to pay for mental health services ordered
8 by the court under this section.
9 (2) If the court determines an ability to pay, the court shall
10 enter such an order for payment pursuant to � 9-27-333(e).
11
12 SECTION 12. Arkansas Code � 16-10-305, concerning court costs, is
13 amended to add an additional subsection to read as follows:
14 (i) The authority to assess court costs under this section does not
15 apply to:
16 (1) A person who is a juvenile at the time of the commission of
17 the delinquent act;
18 (2) A person who is a juvenile at the time the circuit court or
19 district court renders a judgment;
20 (3) A juvenile; or
21 (4) The parent, guardian, or custodian of a juvenile in relation
22 to the juvenile's delinquent act.
23
24 SECTION 13. Arkansas Code � 16-87-201, concerning definitions
25 applicable to the Arkansas Public Defender Commission, is amended to add an
26 additional subdivision to read as follows:
27 (5) "Juvenile" means a person who is:
28 (A) Under eighteen (18) years of age; and
29 (B) Under the jurisdiction of the criminal division of
30 circuit court or under the jurisdiction of the juvenile division of a circuit
31 court under the Arkansas Juvenile Code of 1989, � 9-27-301 et seq.
32
33 SECTION 14. Arkansas Code � 16-87-213(a)(1)(A), concerning
34 certificates of indigency, is amended to read as follows:
35 (a)(1)(A)(i) Any Except as provided in subdivision (a)(1)(A)(ii) of
36 this section, a person who is charged with an offense punishable by
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1 imprisonment who and desires to be represented by an appointed attorney shall
2 file with the court in which the person is charged a written certificate of
3 indigency.
4 (ii)(a) There is a rebuttable presumption that a
5 juvenile is indigent for the purposes of appointing an attorney.
6 (b) A juvenile shall not be required to
7 complete a certificate of indigency.
8 (c)(1) Except as provided by subdivision
9 (a)(1)(A)(ii)(c)(2) of this section, if the court appoints an attorney to
10 represent the juvenile, the appointment shall be made at no cost to the
11 juvenile or the parent, guardian, or custodian of the juvenile.
12 (2) Subdivision (a)(1)(A)(ii)(c)(1) is
13 subject to funding and appropriation by the General Assembly.
14
15 SECTION 15. Arkansas Code � 16-87-218(c)(6), concerning schedules of
16 costs for legal services, is amended to read as follows:
17 (6) Any juvenile matter with the exception of a delinquency
18 matter:
19 (A) For an early disposition, sixty-five dollars ($65.00);
20 (B) For a negotiated plea or disposition before trial, one
21 hundred twenty-five dollars ($125); or
22 (C) For a trial or an extended matter, five hundred
23 dollars ($500); or
24
25 SECTION 16. Arkansas Code � 16-87-218, concerning schedules of costs
26 for legal services, is amended to add an additional subsection to read as
27 follows:
28 (e)(1) A court shall not enter a judgment in favor of the state for
29 legal services rendered by the public defender or for costs listed in
30 subsection (c) of this section:
31 (A) In a juvenile matter;
32 (B) Against a defendant who was a juvenile at the time the
33 offense was committed;
34 (C) Against a juvenile; or
35 (D) Against the parent, guardian, or custodian of a
36 juvenile in a juvenile matter.
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1 (2) Subdivision (e)(1) of this section is subject to funding and
2 appropriation by the General Assembly.
3
4 SECTION 17. DO NOT CODIFY. TEMPORARY LANGUAGE. Costs -- Collection
5 and revenue -- Definition.
6 (a) As used in this section, "juvenile" means an individual under
7 eighteen (18) years of age who is under the jurisdiction of a criminal
8 division of circuit court or under a juvenile division of a circuit court
9 under the Arkansas Juvenile Code of 1989, � 9-27-301 et seq.
10 (b) On or after the effective date of this section, any judgment
11 against a juvenile or the parent, guardian, or custodian of a juvenile
12 entered on or before the effective date of this section for fines, fees,
13 costs, or taxes associated with a juvenile matter brought under the Arkansas
14 Juvenile Code of 1989, � 9-27-301 et seq., is void and uncollectible to the
15 extent that a balance remains due, including without limitation any post-
16 judgment interest, penalties, or collection expenses associated with the
17 fines, fees, costs, or taxes.
18 (c)(1) Any civil judgment, lien, or other legal encumbrance against a
19 juvenile or the parent, guardian, or custodian of a juvenile entered on or
20 before the effective date of this section in connection with fines, fees,
21 costs, or taxes associated with a juvenile matter is vacated.
22 (2) The court administrator shall not charge any fees associated
23 with the satisfaction of a civil judgment, lien, or other legal encumbrance
24 vacated under subdivision (c)(1) of this section.
25 (d)(1) On or before January 1, 2024, the Administrative Office of the
26 Courts, in consultation with state and municipal agencies, shall establish
27 procedures to vacate and discharge the following for juveniles and the
28 parents, guardians, or custodians of juveniles:
29 (A) All unpaid outstanding balances for fines, fees,
30 costs, or taxes; and
31 (B) All unsatisfied civil judgments, liens, and legal
32 encumbrances entered in connection with fines, fees, costs, or taxes
33 associated with a juvenile matter.
34 (2) The procedures under subdivision (d)(1) of this section
35 shall not require a juvenile or the parent, guardian, or custodian of a
36 juvenile to act affirmatively to initiate the procedures to vacate and
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1 discharge outstanding:
2 (A) Balances for fines, fees, costs, and taxes; and
3 (B) Unsatisfied civil judgments, liens, and legal
4 encumbrances.
5 (e) Any savings in costs associated with the collection of fines,
6 fees, costs, and taxes or civil judgments, liens, and legal encumbrances as a
7 result of this section shall be directed to community initiatives in
8 accordance with the reinvestment plan developed by the Division of Youth
9 Services under � 9-28-1203.
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20 02/27/2025 8:06:06 AM LJH139Every fact on this page links to its source, starting with the official bill record.