(a) As used in this section:
(1) "Pre-adjudication" means the period of time after:
(A) The prosecuting attorney files a criminal information or an indictment is filed in circuit court;
(B) The person named in the criminal information or indictment is arraigned on the charge in circuit court; and
(C) The person enters a specialty court program without a guilty plea or the person enters a plea of guilty but before the circuit court enters a judgment and pronounces a sentence against the person; and
(2) "Specialty court program" means:
(A) A pre-adjudication program under § 5-4-901 et seq.;
(B) An approved drug court program under the Arkansas Drug Court Act, § 16-98-301 et seq.;
(C) A Swift and Certain Accountability on Probation Pilot Program under § 16-93-1701 et seq.; and
(D) Any other specialty court program that has been approved by the Supreme Court, including without limitation specialty court programs known as:
(i) A DWI court;
(ii) A mental health court;
(iii) A veteran's court;
(iv) A juvenile drug court;
(v) A "HOPE" court;
(vi) A "smarter sentencing" court; and
(vii) A mental health crisis intervention center.
(b) In addition to any other court cost or court fee provided by law:
(1) A specialty court program user fee of up to two hundred fifty dollars ($250) shall be assessed on any participant in a specialty court program and remitted to the Administration of Justice Funds Section of the Department of Finance and Administration by the court clerk for deposit into the State Treasury as special revenues credited to the Specialty Court Program Fund; and
(2) A specialty court program public defender user fee not to exceed two hundred fifty dollars ($250) may be assessed by the court for a defendant who participates in a specialty court program designed for preadjudication purposes and who is appointed representation by a public defender and remitted to the Administration of Justice Funds Section of the Department of Finance and Administration by the court clerk for deposit into the State Treasury to the credit of the Public Defender User Fees Fund within the State Central Services Fund.
(c) A district court or circuit court may not assess and collect a fee under this section if the district court or circuit court is operating a specialty court program that has not been previously approved by or no longer meets the approval criteria of the Supreme Court.
Section:Last modified: November 15, 2016