Stricken language would be deleted from and underlined language would be added to present law.
Act 691 of the Regular Session
*CEB159* 03/18/2025 1:13:03 PM CEB159
State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1835 3
4
By: Representative Dalby 5
By: Senator Dees 6
7
For An Act To Be Entitled 8
AN ACT CONCERNING SPECIALTY COURT PROGRAMS; TO AMEND 9
THE LAW CONCERNING RECORD SEALING UPON COMPLETION OF 10
A SPECIALTY COURT PROGRAM; TO UPDATE AND CLARIFY THE 11
LAW CONCERNING DRUG COURT, MENTAL HEALTH COURT, 12
VETERANS COURT, AND DWI/BWI SPECIALTY COURT PROGRAMS; 13
AND FOR OTHER PURPOSES. 14
15
16
Subtitle 17
CONCERNING SPECIALTY COURT PROGRAMS; AND 18
TO UPDATE AND CLARIFY THE LAW CONCERNING 19
DRUG COURT, MENTAL HEALTH COURT, 20
VETERANS COURT, AND DWI/BWI SPECIALTY 21
COURT PROGRAMS. 22
23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
25
SECTION 1. Arkansas Code § 5-4-906 is repealed. 26
5-4-906. Record sealing upon completion. 27
(a) A pre-adjudication probation program judge, on his or her own 28
motion or upon a request from the participant in the pre -adjudication 29
probation program, shall order sealing and dismissal of a case if: 30
(1) The participant in the pre -adjudication probation program 31
has successfully completed a pre -adjudication probation program, as 32
determined by the pre -adjudication probation program judge; 33
(2) The pre-adjudication probation program judge has received a 34
recommendation from the prosecuting attorney for sealing and dismissal of the 35
case; and 36 HB1835
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(3) The pre-adjudication probation program judge, after 1
considering the past criminal history of the participant in the pre -2
adjudication probation program, determines that sealing and dismissal of the 3
case is appropriate. 4
(b) Unless otherwise ordered by the pre -adjudication probation program 5
court, sealing under this section shall be as described in the Comprehensive 6
Criminal Record Sealing Act of 2013, § 16 -90-1401 et seq. 7
8
SECTION 2. Arkansas Code § 10 -3-2901(b)(4), concerning the members of 9
the Specialty Court Program Advisory Committee, is amended to read as 10
follows: 11
(4) Three (3) district court judges who preside over a specialty 12
court program as defined under § 16 -10-139(a) to be appointed by the Arkansas 13
District Judges Judicial Council, Inc.; 14
15
SECTION 3. Arkansas Code § 16 -10-139 is amended to read as follows: 16
16-10-139. Specialty court program evaluation and approval — Transfer — 17
Definition. 18
(a) As used in this section, “specialty court program” means one (1) 19
of the following: 20
(1) A pre-adjudication probation program under § 5-4-901 et 21
seq.; 22
(2) An approved A drug court program under the Arkansas Drug 23
Court Act, § 16-98-301 et seq.; 24
(3) The A Swift and Certain Accountability on Probation Pilot 25
Program under § 16-93-1701 et seq.; and 26
(4) Any other specialty court program that has been approved by 27
the Supreme Court, including without limitation specialty court programs 28
known as: 29
(A) A DWI/BWI specialty court program; 30
(B)(5) A mental health specialty court program; 31
(C)(6) A veterans treatment specialty court program; 32
(D)(7) A juvenile drug court; 33
(E)(8) A “HOPE” court; and 34
(F)(9) A domestic violence specialty court program family 35
treatment court program under § 9 -27-801 et seq. 36 HB1835
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(b) A specialty court program operated by a circuit court or district 1
court must be approved by the Supreme Court in the court's administrative 2
plan submitted under Supreme Court Administrative Order Nos. 14 and 18 . 3
(c)(1) The Specialty Court Program Advisory Committee shall evaluate 4
and make findings with respect to all specialty court programs operated by a 5
circuit court or district court in this state and refer the findings to the 6
Supreme Court. 7
(2) An evaluation under this section shall reflect nationally 8
recognized and peer-reviewed standards for each particular type of specialty 9
court program. 10
(3) The Specialty Court Program Advisory Committee shall also: 11
(A) Establish, implement, and operate a uniform specialty 12
court program evaluation process to ensure specialty court program resources 13
are uniformly directed to high -risk, high-need offenders and that specialty 14
court programs provide effective and proven practices that reduce recidivism , 15
as well as other factors such as substance dependency, among participants ; 16
(B) Establish an evaluation process that ensures that any 17
new and existing specialty court program that is a drug court program meets 18
standards for drug court program operation under § 16 -98-302(b) promulgated 19
by the Specialty Court Program Advisory Committee ; and 20
(C) Promulgate rules to be approved by the Supreme Court 21
to carry out the evaluation process under this section. 22
(d) A specialty court program shall be evaluated under the following 23
schedule: 24
(1) A specialty court program established on or after April 1, 25
2015, shall be evaluated after its second year of funded operation; 26
(2) A specialty court program in existence on April 1, 2015, 27
shall be evaluated under the requirements of this section prior to expending 28
resources budgeted for fiscal year 2017; and 29
(3) A specialty court program shall be reevaluated every two (2) 30
years after the initial evaluation. 31
(e)(1)(A) On motion of a specialty court program participant, a 32
specialty court judge who presides over a specialty court program may by 33
written order transfer responsibility for supervision and specialty court 34
program enforcement of the specialty court program participant's case to 35
another specialty court judge with the consent of the other specialty court 36 HB1835
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judge. 1
(B) The specialty court program participant shall comply 2
with the policies and procedures for the specialty court program to which the 3
specialty court program participant's case is transferred. 4
(C) The specialty court judge to whom the specialty court 5
program participant's case is transferred may impose sanctions on the 6
specialty court program participant, including without limitation the 7
imposition of a period of incarceration and the requirement of inpatient 8
treatment under the written policies and procedures for the specialty court 9
program to which the specialty court program participant's case has been 10
transferred. 11
(2)(A) If the specialty court judge to whom the specialty court 12
program participant's case has been transferred determines that the specialty 13
court program participant has successfully completed the specialty court 14
program, the specialty court judge shall notify the transferring specialty 15
court judge and request that the appropriate orders be entered in the 16
specialty court program participant's case. 17
(B)(i) If after a specialty court program participant's 18
case is transferred, the specialty court team recommends that the specialty 19
court program participant be removed from the specialty court program, the 20
specialty court judge shall enter an order returning the specialty court 21
program participant's case to the transferring specialty court program. 22
(ii) Upon return of the specialty court program 23
participant's case to the transferring specialty court program, the specialty 24
court judge shall determine an appropriate disposition of the matter. 25
(f)(1)(A) If a specialty court program participant's case is 26
transferred from a district court, all assessed fines, penalties, court 27
costs, and fees other than those described under subdivision (f)(2) of this 28
section shall be paid to the transferring district court, notwithstanding the 29
provisions of § 16-10-141. 30
(B) The funds described under subdivision (f)(1)(A) of 31
this section shall be disbursed as required under § 16 -17-707. 32
(2) In accordance with § 16 -10-141(b)(2)-(7), the district court 33
to which the case is transferred may assess and collect: 34
(A) Treatment costs; 35
(B) Drug testing costs; 36 HB1835
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(C) A local specialty court program user fee; 1
(D) Necessary supervision fees, including any applicable 2
residential treatment fees; 3
(E) Global Positioning System monitoring costs; and 4
(F) Continuous alcohol monitoring fees. 5
(g)(1) If a specialty court program participant's case is transferred 6
from a circuit court, all assessed fines, penalties, court costs, and fees 7
other than those under subdivision (g)(2) of this section shall be paid to 8
the transferring circuit court, notwithstanding the provisions of § 16 -98-9
304. 10
(2) In accordance with §§ 5 -4-907, 16-10-701, 16-98-304, 16-100-11
209, and 16-101-104, the circuit court to which the specialty court program 12
participant's case is transferred may assess and collect: 13
(A) Treatment costs; 14
(B) Drug testing costs; 15
(C) A local specialty court program user fee; 16
(D) Necessary supervision fees, including any applicable 17
residential treatment fees; 18
(E) A fee determined or authorized under § 12 -27-19
125(b)(17)(B) or § 16 -93-104(a)(1) that is to be paid to the Division of 20
Community Correction; 21
(F) Global Positioning System monitoring costs; 22
(G) Continuous alcohol monitoring fees; 23
(H) Tuition and other educational fees for a vocational 24
school, technical school, community college, or two -year or four-year public 25
university that is part of the pre -adjudication probation program in which 26
the specialty court program participant is participating; and 27
(I) A specialty court program public defender user fee. 28
29
SECTION 4. Arkansas Code §§ 16 -10-143 and 16-10-144 are amended to 30
read as follows: 31
16-10-143. Contracts — Qualified attorneys — Definition Specialty court 32
counsel. 33
(a) As used in this section, “qualified attorney” means an attorney 34
who: 35
(1) Has previously been employed as an attorney by the state 36 HB1835
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regardless of the limitation provided under § 19 -11-709(d); or 1
(2) Is currently serving as a part -time public defender or is 2
otherwise employed by the state as an attorney on a part -time basis. 3
(b) The Director of the Administrative Office of the Courts may employ 4
or enter into a professional service contract with a qualified an attorney to 5
serve as a specialty court team member and to represent specialty court 6
participants. 7
(c)(b) The fees for contracted services provided by a qualified an 8
attorney under subsection (a) of this section shall be paid from funds 9
appropriated for that purpose to the Administrative Office of the Courts. 10
(c)(1) The Administrative Office of the Courts may contract with or 11
employ an attorney who has previously been employed by the state regardless 12
of the limitation otherwise provided under § 19 -11-709(d). 13
(2) The Administrative Office of the Courts may also contract 14
with or employ an attorney who currently serves as part -time public defender 15
or is otherwise employed by the state as an attorney on a part -time basis. 16
(d)(1) A qualified attorney An attorney who is employed or contracted 17
by the Administrative Office of the Courts under this section is eligible for 18
additional compensation. 19
(2) Additional compensation received for service under this 20
section as a specialty court team member or to represent specialty court 21
participants shall not be construed as exceeding the line -item maximum for 22
the grade of the qualified attorney's other part -time position, if any. 23
(e) Any funds appropriated for the purpose of this section remaining 24
on June 30 shall be retained by the Administrative Office of the Courts and 25
may be distributed after July 1 as supplemental funding to be used for the 26
expansion or establishment of specialty court programs in circuit courts 27
support and administration of specialty court programs and for restorative 28
and rehabilitative services to specialty court participants . 29
30
16-10-144. Contracts — Qualified treatment providers. 31
(a) The Director of the Administrative Office of the Courts may enter 32
into a professional service contract with a qualified treatment provider to 33
serve as a specialty court team member and or to provide behavioral health 34
treatment to specialty court participants. 35
(b) The fees for contracted services provided by a qualified treatment 36 HB1835
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provider shall be paid from funds appropriated for that purpose to the 1
Administrative Office of the Courts. 2
(c) Any funds appropriated for the purpose of this section remaining 3
on June 30 shall be retained by the Administrative Office of the Courts and 4
may be distributed after July 1 as supplemental funding for the expansion or 5
establishment of specialty court programs in circuit courts support and 6
administration of specialty court programs and for restorative and 7
rehabilitative services to specialty court participants . 8
9
SECTION 5. Arkansas Code § 16 -10-701 is amended to read as follows: 10
16-10-701. Additional fees for specialty court programs — Definitions. 11
(a) As used in this section: 12
(1) “Pre-adjudication” means the period of time after: 13
(A) The prosecuting attorney files a criminal information 14
or an indictment is filed in circuit court; 15
(B) The person named in the criminal information or 16
indictment is arraigned on the charge in circuit court; and 17
(C) The person enters a specialty court program without a 18
guilty plea or the person enters a plea of guilty but before the circuit 19
court enters a judgment and pronounces by entering a plea of guilty but the 20
circuit court does not enter a judgment and pronounce a sentence against the 21
person; and 22
(2) “Specialty court program” means: 23
(A) A pre-adjudication probation program under § 5-4-901 24
et seq.; 25
(B) An approved A drug court program under the Arkansas 26
Drug Court Act, § 16 -98-301 et seq.; 27
(C) A Swift and Certain Accountability on Probation Pilot 28
Program under § 16-93-1701 et seq.; and 29
(D) Any other specialty court program that has been 30
approved by the Supreme Court, including without limitation specialty court 31
programs known as: 32
(i) A DWI court; 33
(ii) A mental health court; 34
(iii) A veteran's court; 35
(iv) A juvenile drug court; 36 HB1835
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(v) A “HOPE” court; 1
(vi) A “smarter sentencing” court; and 2
(vii) A mental health crisis intervention center. A 3
DWI/BWI specialty court program under § 16 -102-101 et seq.; 4
(E) A mental health specialty court program under § 16 -5
100-201 et seq.; 6
(F) A veterans treatment specialty court program under § 7
16-101-101 et seq.; 8
(G) A juvenile drug court under § 16 -98-303; and 9
(H) A family treatment specialty court program under § 9 -10
27-801. 11
(b) In addition to any other court cost or court fee provided by law: 12
(1) A specialty court program user fee of up to two hundred 13
fifty dollars ($250) shall be assessed on any participant in a specialty 14
court program and remitted to the Administration of Justice Funds Section by 15
the court clerk for deposit into the State Treasury as special revenues 16
credited to the Specialty Court Program Fund; and 17
(2) A specialty court program public defender user fee not to 18
exceed two hundred fifty dollars ($250) may be assessed by the court for a 19
defendant who participates in a specialty court program designed for pre -20
adjudication purposes and who is appointed representation by a public 21
defender and remitted to the Administration of Justice Funds Section by the 22
court clerk for deposit into the State Treasury to the credit of the Public 23
Defender User Fees Fund within the State Central Services Fund. 24
(c) A district court or circuit court may not assess and collect a fee 25
under this section if the district court or circuit court is operating a 26
specialty court program that has not been previously approved by or no longer 27
meets the approval criteria of the Supreme Court. 28
29
SECTION 6. Arkansas Code § 16 -90-1403(b), concerning the scope of the 30
comprehensive criminal record sealing act, is amended to read as follows: 31
(b) Inconsistencies between this subchapter and any other sections 32
within the Arkansas Code in existence January 1, 2014, are resolved in favor 33
of this subchapter, except that this subchapter does not apply to: 34
(1) The Arkansas Drug Court Act, § 16 -98-301 et seq.; 35
(2) Extended juvenile jurisdiction records under § 9 -27-508, 36 HB1835
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unless the records are considered adult criminal records under § 9 -27-501 et 1
seq.; and 2
(3)(2) The sealing of juvenile records. 3
4
SECTION 7. Arkansas Code Title 16, Chapter 90, is amended to add an 5
additional subchapter to read as follows: 6
Subchapter 16 — Specialty Court Programs 7
8
16-90-1601. Definition. 9
As used in this subchapter, “specialty court program” means: 10
(1) A pre-adjudication probation program under § 5-4-901 et 11
seq.; 12
(2) A drug court program under the Arkansas Drug Court Act, § 13
16-98-301 et seq.; 14
(3) A Swift and Certain Accountability on Probation Pilot 15
Program under § 16-93-1701 et seq.; 16
(4) A DWI/BWI specialty court program under § 16 -102-101 et 17
seq.; 18
(5) A mental health specialty court program under § 16 -100-201 19
et seq.; 20
(6) A veterans treatment specialty court program under § 16 -101-21
101 et seq.; 22
(7) A juvenile drug court under § 16 -98-303; and 23
(8) A family treatment specialty court program under § 9 -27-801. 24
25
16-90-1602. Dismissal of case and record sealing by specialty court 26
judge. 27
(a) Upon a participant’s successful completion of a specialty court 28
program, a specialty court program judge may order dismissal of a case and 29
sealing of a record if: 30
(1) The specialty court program judge has received a 31
recommendation from the prosecuting attorney for dismissal of the case and 32
the sealing of the record; and 33
(2) The specialty court program judge, after considering the 34
offender's past criminal history, determines that dismissal of the case and 35
the sealing of the record are appropriate. 36 HB1835
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(b) Sealing under this subsection shall follow the procedures in the 1
Comprehensive Criminal Record Sealing Act of 2013, § 16 -90-1401 et seq., 2
except that: 3
(1) A specialty court program judge may enter an order to seal a 4
participant’s case immediately upon completion of the specialty court 5
program; and 6
(2) Notwithstanding the provisions of § 16 -90-1406(c)(1), there 7
shall be no limit to the number of previous felony convictions a petitioner 8
may have. 9
(c) A specialty court program judge shall not dismiss an offense of 10
driving or boating while intoxicated and shall not order sealing until the 11
applicable lookback periods under § 5 -65-111 have elapsed. 12
(d) A judge presiding over a specialty court program established in 13
circuit court may seal a conviction entered by a circuit court and a judge 14
presiding over a specialty court program established in district court may 15
seal a conviction entered by a district court if the following conditions are 16
met: 17
(1) The participant has successfully completed the specialty 18
court program; 19
(2) The participant has successfully completed the sentence 20
entered by the other court; and 21
(3) The other court agreed that sealing is appropriate and has 22
signed the uniform sealing order provided by the Arkansas Crime Information 23
Center. 24
25
16-90-1603. Transfer of specialty court program supervision. 26
(a)(1) A specialty court program judge may authorize a participant to 27
complete a specialty court program in another county with the consent of the 28
receiving judge. 29
(2) A written order reflecting the authorization shall be signed 30
by both judges. 31
(3) The participant’s case in the originating county shall 32
remain open until the originating court enters an appropriate order that: 33
(A) The court has received notification from the receiving 34
county that the participant has successfully completed the specialty court 35
program; or 36 HB1835
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(B) The participant did not successfully complete the 1
specialty court program or was otherwise terminated from the specialty court 2
program and subsequently sentenced. 3
(4) To ensure that multiple criminal cases are not opened for 4
the same charge, no new criminal case shall be created by the receiving 5
ccounty. 6
(5) A specialty court program established in a circuit court may 7
only utilize this section to authorize supervision of a program participant 8
by another program established in a circuit court, and a DWI/BWI specialty 9
court program may only authorize supervision of a program participant by 10
another DWI/BWI specialty court program. 11
(b)(1) A participant shall comply with the policies and procedures of 12
the receiving specialty court program. 13
(2) The receiving court shall be responsible for ensuring the 14
participant’s adherence to the specialty court program's policies and 15
procedures, shall have the authority to order treatment, and shall have the 16
authority to impose sanctions, including a period of incarceration. 17
(3)(A) If the receiving specialty court program judge determines 18
that the participant has successfully completed the program, the receiving 19
specialty court program judge shall notify the originating specialty court 20
program judge and request that the appropriate orders be entered in the 21
participant's case. 22
(B)(i) If the receiving specialty court program judge 23
decides that the participant should be removed from the specialty court 24
program, the receiving specialty court program judge shall enter an order 25
returning the participant’s supervision to the originating specialty court 26
program. 27
(ii) Upon return of the participant's supervision to 28
the originating specialty court program, the specialty court program judge 29
shall determine an appropriate disposition of the matter. 30
(c)(1) All assessed fines, fees, and court costs on the underlying 31
offenses shall be collected by the originating specialty court program. 32
(2) All specialty court program -related fees and costs shall be 33
assessed and collected by the receiving specialty court program. 34
35
SECTION 8. Arkansas Code §§ 16 -98-302 — 16-98-306 are amended to read 36 HB1835
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as follows: 1
16-98-302. Purpose and intent. 2
(a) There is a critical need for judicial intervention and support for 3
effective treatment programs that reduce the incidence of drug use, drug 4
addiction, and family separation due to parental substance abuse and drug -5
related crimes. It is the intent of the General Assembly for this subchapter 6
to enhance public safety by facilitating the creation, expansion, and 7
coordination of drug court programs. 8
(b) The goals of the drug court programs in this state shall be 9
consistent with the standards adopted by the United States Department of 10
Justice and recommended by the National Association of Drug Court 11
Professionals and shall include the following key components: national 12
standards. 13
(1) Integration of substance abuse treatment with justice system 14
case processing; 15
(2) Use of a nonadversarial approach in which prosecution and 16
defense promote public safety while protecting the right of the accused to 17
due process; 18
(3) Early identification, with the use of a validated risk -needs 19
assessement, of eligible moderate -to-high-risk participants and prompt 20
placement of eligible participants; 21
(4) Access to a continuum of treatment, rehabilitation, and 22
related services; 23
(5) Frequent testing for alcohol and illicit drugs; 24
(6) A coordinated strategy among the judge, prosecution, 25
defense, and treatment providers to govern offender compliance; 26
(7) Ongoing judicial interaction with each participant; 27
(8) Monitoring and evaluation of the achievement of program 28
goals and effectiveness; 29
(9) Continuing interdisciplinary education to promote effective 30
planning, implementation, and operation; and 31
(10) Development of partnerships with public agencies and 32
community-based organizations to generate local support and enhance drug 33
court effectiveness. 34
(c)(1) Drug court programs are specialized court dockets within the 35
existing structure of the Arkansas court system. Drug court programs offer 36 HB1835
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judicial monitoring of intensive treatment and strict supervision of addicts 1
in drug and drug-related cases. 2
(2) The creation of a drug court program docket and the 3
appointment of a circuit judge to that docket shall be approved by the 4
administrative judge in each judicial circuit and made a part of the judicial 5
circuit's administrative plan required by Supreme Court Administrative Order 6
Number 14. 7
(d) Drug court program success shall be determined by the rate of 8
recidivism of all drug court participants, including participants who do not 9
graduate. 10
11
16-98-303. Drug court programs authorized. 12
(a)(1) Each judicial district circuit of this state is authorized to 13
establish a drug court program programs under this subchapter. 14
(2) A drug court established under this subchapter shall be 15
approved under § 16-10-139. 16
(3)(A) A drug court program may be pre -adjudication or post -17
adjudication for an adult offender or a juvenile offender. 18
(B) A juvenile drug court program or services may be used 19
in a delinquency case or a family in need of services case . 20
(C) A juvenile drug court program or services may be used 21
in a dependency-neglect case under § 9 -27-334. 22
(4)(3) Notwithstanding the authorization described in 23
subdivision (a)(1) of this section, a judge of a circuit court, drug court, 24
or juvenile division of circuit court may not order any services or treatment 25
under subsection (b) of this section or § 16 -98-305 unless: 26
(A) An administrative and programmatic appropriation has 27
been made for those purposes; 28
(B) Administrative and programmatic funding is available 29
for those purposes; and 30
(C) Administrative and programmatic positions have been 31
authorized for those purposes. 32
(5)(4) As determined by the Division of Community Correction, an 33
adult drug court program established under this section shall target high -34
risk offenders and medium -risk offenders. 35
(b)(1) A drug court program shall incorporate services from the 36 HB1835
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Division of Community Correction, the Department of Human Services, and the 1
Administrative Office of the Courts. 2
(2) Subject to an appropriation, funding, and position 3
authorization, both programmatic and administrative, and subject to the 4
requirements of eligibility as defined in § 16 -93-1202, the Division of 5
Community Correction: 6
(A) Shall: 7
(i) Establish standards regarding the classification 8
of a drug court program participant as a high -risk offender or medium -risk 9
offender; 10
(ii) Provide positions for persons to serve as 11
probation officers, drug counselors, and administrative assistants; 12
(iii) Provide for drug testing for drug court program 13
participants; 14
(iv) Provide for intensive outpatient treatment for 15
drug court program participants; 16
(v) Provide for intensive short -term and long-term 17
residential treatment for drug court program participants; and 18
(vi) Develop clinical assessment capacity, including 19
drug testing, to identify a drug court program participant with a substance 20
addiction and develop a treatment protocol that improves the drug court 21
program participant's likelihood of success; and 22
(B) May: 23
(i) Provide for continuous alcohol monitoring for 24
drug court program participants, including a minimum period of one hundred 25
twenty (120) days; and 26
(ii) Develop clinical assessment capacity, including 27
continuous alcohol monitoring, to identify a drug court program participant 28
with a substance addiction and develop a treatment protocol that improves the 29
drug court program participant's likelihood of success. 30
(3) Subject to an appropriation, funding, and position 31
authorization, both programmatic and administrative, the department shall: 32
(A) Provide positions for persons to serve as drug 33
counselors and administrative assistants in delinquency cases , dependency-34
neglect cases, and family in need of services cases ; 35
(B) Provide for drug testing for drug court program 36 HB1835
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participants in delinquency cases , dependency-neglect cases, and family in 1
need of services cases ; 2
(C) Provide for intensive outpatient treatment for drug 3
court program participants in delinquency cases , dependency-neglect cases, 4
and family in need of services cases ; 5
(D) Provide for intensive short -term and long-term 6
residential treatment for drug court program participants in delinquency 7
cases, dependency-neglect cases, and family in need of services cases ; 8
(E) Certify and license treatment providers and treatment 9
facilities that serve drug court program participants; 10
(F) Provide and oversee residential beds for drug court 11
programs; 12
(G) Oversee catchment area facilities for drug court 13
programs; 14
(H) Act as a liaison between the courts and drug court 15
program participants; and 16
(I) Oversee performance standards for residential and 17
long-term facilities providing services to drug court programs. 18
(4) Subject to an appropriation, funding, and position 19
authorization, both programmatic and administrative, the Administrative 20
Office of the Courts shall: 21
(A) Provide state-level coordination and support for drug 22
court judges and their programs; 23
(B) Administer funds for the maintenance and operation of 24
local approved drug court programs; 25
(C) Provide training and education to drug court judges 26
and other professionals involved in drug court programs; 27
(D) Operate as a liaison between drug court judges and 28
other state-level agencies providing services to drug court programs; and 29
(E) Develop criteria for determining new drug court 30
locations that take into account: 31
(i) The current size of the defendant population 32
that meets the criteria for drug court participation; 33
(ii) Recent trends indicating an increasing defendant 34
population that meets the criteria for drug court participation; 35
(iii) Existing drug treatment programs currently in 36 HB1835
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place and operating through the courts, the county jail, or the Division of 1
Correction; and 2
(iv) The drug court program's use of evidence -based 3
practices by key partners involved in the prospective drug court program 4
including those to assess the needs of drug court participants in order to 5
effectively target programming toward high -risk participants. 6
(c)(1) A drug court program shall not be available to any defendant 7
who: 8
(A) Has a pending charge for a violent felony against him 9
or her; 10
(B) Has been convicted of a violent felony offense as 11
defined in this subchapter or adjudicated delinquent as a juvenile of a 12
violent felony offense; or 13
(C)(i) Is required to register under the Sex Offender 14
Registration Act of 1997, § 12 -12-901 et seq. 15
(ii) The exclusion under subdivision (c)(1)(C)(i) of 16
this section shall not apply to the offense of prostitution, § 5 -70-102. 17
(2) Eligible offenses may be further restricted by the rules of 18
a specific drug court program. 19
(3) Nothing in this subchapter shall require a drug court 20
program judge to consider or accept every offender with a treatable condition 21
or addiction, regardless of the fact that the controlling offense is eligible 22
for consideration in the drug court program. 23
(4) Any defendant who is denied entry to a drug court program 24
shall be prosecuted as provided by law. 25
(d)(1) Drug court programs may require a separate judicial processing 26
system differing in practice and design from the traditional adversarial 27
criminal prosecution and trial systems. 28
(2) A drug court team shall be designated by a circuit judge 29
assigned to manage the drug court program docket and may include a circuit 30
judge, a prosecuting attorney, a public defender or private defense attorney, 31
one (1) or more addiction counselors, one (1) or more probation officers, one 32
(1) or more private treatment provider representatives, and any other 33
individual or individuals determined necessary by the drug court program 34
judge. 35
(3)(A) The administrative judge of the judicial district shall 36 HB1835
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designate one (1) or more circuit judges to administer the drug court 1
program. 2
(B) If a county is in a judicial district circuit that 3
does not have a circuit judge who is able to administer the drug court 4
program on a consistent basis, the administrative plan for the judicial 5
circuit required by Supreme Court Administrative Order No. 14 may designate a 6
district court judge to administer the drug court program. 7
(e) Each judicial district may circuit shall develop a training and 8
implementation policies and procedures manual for drug court programs with 9
the assistance of the: 10
(1) Department; 11
(2) Division of Elementary and Secondary Education; 12
(3) Adult Education Section; 13
(4) Division of Community Correction; and 14
(5) Administrative Office of the Courts . 15
(f) A Division of Drug Court Specialty Court Programs is created 16
within the Administrative Office of the Courts. The position of Drug Court 17
Specialty Court Coordinator is created within the Division of Drug Court 18
Specialty Court Programs, and the Drug Court Specialty Court Coordinator 19
shall: 20
(1) Provide assistance, counsel, and advice to the Specialty 21
Court Program Advisory Committee; 22
(2) Serve as a coordinator between drug court judges, the 23
Division of Community Correction, the Division of Aging, Adult, and 24
Behavioral Health Services of the Department of Human Services, private 25
treatment provider representatives, and public health advocates; 26
(3) Establish, manage, and maintain a uniform statewide drug 27
court information system to track information and data on drug court program 28
participants to be reviewed by the Specialty Court Program Advisory 29
Committee; 30
(4) Train and educate drug court program judges and drug court 31
program staff in those judicial districts circuits maintaining a drug court 32
program; and 33
(5) Provide staff assistance to the Arkansas Drug Court 34
Professionals Association; 35
(6) Oversee the disbursement of funds appropriated to the 36 HB1835
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Administrative Office of the Courts for the maintenance and operation of 1
local approved drug court programs based on a formula developed by the 2
Administrative Office of the Courts and reviewed by the Specialty Court 3
Program Advisory Committee; and 4
(7) Develop guidelines to be reviewed by the Specialty Court 5
Program Advisory Committee to serve as a framework for developing effective 6
local drug court programs and to provide a structure for conducting research 7
and evaluation for drug court program accountability. 8
(g)(1) A drug court program judge, on his or her own motion or upon a 9
request from an offender, may order dismissal of a case and the sealing of 10
the record if: 11
(A) The offender has successfully completed a drug court 12
program, as determined by the drug court program judge; 13
(B) The offender has received aftercare programming; 14
(C) The drug court program judge has received a 15
recommendation from the prosecuting attorney for dismissal of the case and 16
the sealing of the record; and 17
(D) The drug court program judge, after considering the 18
offender's past criminal history, determines that dismissal of the case and 19
the sealing of the record are appropriate. 20
(2)(A) Except as provided in subdivision (g)(2)(B) of this 21
section, if the offender has pleaded guilty or nolo contendere to or has been 22
found guilty of an offense falling within a target group under § 16 -93-23
1202(10)(A)(i) in another Arkansas court, the drug court program judge may 24
order sealing and dismissal of the offense falling within a target group with 25
the written concurrence of the other Arkansas court. 26
(B) The following offenses are not eligible for sealing 27
under subdivision (g)(2)(A) of this section: 28
(i) Residential burglary, § 5 -39-201(a); 29
(ii) Commercial burglary, § 5 -39-201(b); 30
(iii) Breaking or entering, § 5 -39-202; and 31
(iv) The fourth and subsequent offense of driving 32
while intoxicated, § 5 -65-103. 33
(3) Unless otherwise ordered by the drug court program judge, 34
sealing under this subsection shall be as described in the Comprehensive 35
Criminal Record Sealing Act of 2013, § 16 -90-1401 et seq. 36 HB1835
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1
16-98-304. Cost and fees. 2
(a) The adult or juvenile drug court program judge may order the 3
offender to pay: 4
(1) Court costs as provided in § 16 -10-305; 5
(2) Treatment costs; 6
(3) Drug testing costs; 7
(4) A local drug court program user fee; 8
(5) Necessary supervision fees, including any applicable 9
residential treatment fees; 10
(6) Any fees determined or authorized under § 12 -27-11
125(b)(17)(B) or § 16 -93-104(a)(1) that are to be paid to the Department 12
Division of Community Correction; 13
(7) Global Positioning System monitoring; and 14
(8) Continuous alcohol monitoring fees. 15
(b)(1) The drug court program judge shall establish a schedule for the 16
payment of costs and fees. 17
(2) The cost for treatment, drug testing, continuous alcohol 18
monitoring if ordered, and supervision shall be set by the treatment and 19
supervision providers respectively and made part of the order of the drug 20
court program judge for payment. 21
(3) Program Drug court program user fees shall be set by the 22
drug court program judge. 23
(4) Treatment, drug testing, continuous alcohol monitoring if 24
ordered, and supervision costs or fees shall be paid to the respective 25
providers. 26
(5) Fees determined or authorized under § 12 -27-125(b)(17)(B) or 27
§ 16-93-104(a)(1) shall be paid to the Department Division of Community 28
Correction. 29
(6)(A) All court costs and program user fees assessed by the 30
drug court judge shall be paid to the court clerk designated collector for 31
remittance to the county treasury under § 14 -14-1313. 32
(B) All installment payments shall initially be deemed to 33
be collection of court costs under § 16 -10-305 until the court costs have 34
been collected in full with any remaining payments representing collections 35
of other fees and costs as authorized in this section and shall be credited 36 HB1835
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to the county administration of justice fund and distributed under § 16 -10-1
307. 2
(C) Local program user fees shall be credited to a fund 3
known as the “drug court program fund” and appropriated by the quorum court 4
for the benefit and administration of the drug court program. 5
(7) Court orders for costs and fees shall remain an obligation 6
of the offender with court monitoring until fully paid. 7
(c) A circuit court may not assess and collect a fee if the circuit 8
court is operating a specialty court program that has not previously been 9
approved or no longer meets the approval criteria of the Supreme Court. 10
11
16-98-305. Required resources. 12
Each approved drug court program established under this subchapter, 13
subject to an appropriation, funding, and position authorization, both 14
programmatic and administrative, shall be provided with the following 15
resources: 16
(1) The Department Division of Community Correction shall 17
provide the following pursuant to § 16 -98-303(b)(2) for adult offenders: 18
(A)(i) Except as provided in subdivision (1)(A)(ii) of 19
this section, provide a A minimum of one (1) drug counselor position for 20
every thirty (30) drug court program participants.; 21
(ii) If a drug court judge does not require the drug 22
counselor position or positions described in subdivision (1)(A)(i) of this 23
section, funding for a drug counselor or counselors shall be provided under 24
subdivision (1)(E)(i) of this section; 25
(B) Provide a A minimum of one (1) probation officer 26
position for every forty (40) drug court participants; 27
(C) Provide a A minimum of one (1) administrative 28
assistant position for each drug court program; and 29
(D) Provide for drug Drug screens and testing as needed; 30
and 31
(E)(i) Based upon a formula to be developed by the 32
Administrative Office of the Courts, reviewed by the Specialty Court Program 33
Advisory Committee, and approved by the Legislative Council, provide for: 34
(a) Intensive outpatient treatment to be made 35
available to the drug court program in each judicial district; 36 HB1835
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(b) Short-term and long-term inpatient 1
treatment to be made available to the drug court program in each judicial 2
district; and 3
(c) A drug court judge to contract with a 4
local licensed treatment provider for counseling services for drug court 5
participants so that each privately contracted addiction counselor does not 6
have more than thirty (30) drug court participants in his or her caseload. 7
(ii) The Department of Community Correction shall 8
enter into an interagency memorandum of understanding with the Administrative 9
Office of the Courts in order to establish the process and procedures for the 10
payment of treatment services ordered by a drug court judge and funded 11
through the Department of Community Correction. 12
(iii) Expenditures of funds for treatment services 13
allocated to each approved drug court program under the formula described in 14
subdivision (1)(E)(i) of this section shall be at the direction of a drug 15
court judge, except as limited by the procedures adopted in the memorandum of 16
understanding described in subdivision (1)(E)(ii) of this section; 17
(2) The Department of Human Services shall: 18
(A) Provide a minimum of one (1) drug counselor position 19
for every thirty (30) drug court program participants in delinquency cases , 20
dependency-neglect cases, and family in need of services cases ; 21
(B) Provide for drug screens and testing as needed in 22
delinquency cases, dependency -neglect cases, and family in need of services 23
cases; and 24
(C) Provide for intensive outpatient treatment and short -25
term and long-term inpatient treatment to be made available to the drug court 26
program in each judicial district in delinquency cases , dependency-neglect 27
cases, and family in need of services cases based upon a formula developed by 28
the Administrative Office of the Courts and reviewed by the Specialty Court 29
Program Advisory Committee; and 30
(3) The Administrative Office of the Courts shall: 31
(A) Provide funding to be reviewed by the Specialty Court 32
Program Advisory Committee for additional ongoing maintenance and operation 33
costs of a local approved drug court program not provided by the Department 34
of Community Correction or the Department of Human Services, including local 35
drug court program supplies, education, travel, and related expenses; 36 HB1835
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(B) Provide direct support to the drug court program judge 1
and drug court program; 2
(C)(B) Provide coordination between the multidisciplinary 3
team and the drug court judge; 4
(D)(C) Provide case management; 5
(E) Monitor compliance of drug court participants with 6
drug court program requirements; and 7
(F)(D) Provide assistance and support to the Specialty 8
Court Program Advisory Committee for the evaluation of adult and juvenile 9
specialty court programs. 10
11
16-98-306. Collection of data. 12
(a)(1) An approved drug court program shall collect and provide 13
monthly data on drug court program applicants and all participants as 14
required by the Specialty Court Program Advisory Committee in accordance with 15
the rules promulgated under § 10 -3-2901. 16
(2) The data shall may include: 17
(A) The total number of applicants; 18
(B) The total number of participants; 19
(C) The total number of successful applicants; 20
(D) The total number of successful participants; 21
(E) The total number of unsuccessful participants and the 22
reason why each unsuccessful participant did not complete the drug court 23
program; 24
(F) Information about what happened to each unsuccessful 25
participant; 26
(G) The total number of participants who were arrested for 27
a new criminal offense while in the drug court program; 28
(H)(G) The total number of participants who were convicted 29
of a new criminal offense while in the drug court program; 30
(I)(H) The total number of participants who committed a 31
violation of one (1) or more conditions of the drug court program and the 32
resulting sanction; 33
(J)(I) The results of the initial risk -needs assessment or 34
other appropriate clinical assessment conducted on each participant; 35
(K)(J) The total amount of time each drug court program 36 HB1835
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participant was in the drug court program; and 1
(L)(K) Any other data or information as required by the 2
Specialty Court Program Advisory Committee in accordance with the rules 3
promulgated under § 10 -3-2901. 4
(b) The data collected for evaluation purposes under subsection (a) of 5
this section shall: 6
(1) Include a minimum standard data set developed and specified 7
by the Specialty Court Program Advisory Committee; and 8
(2) Be maintained in the court files or be otherwise accessible 9
by the courts and the Specialty Court Program Advisory Committee Each court 10
operating a specialty court program shall utilize the case management system 11
provided by the Administrative Office of the Courts to maintain data on 12
applicants and program participants . 13
(c)(1) As directed by the Specialty Court Program Advisory Committee, 14
after an individual is discharged either upon completion or termination of a 15
drug court program, the drug court program shall conduct, as much as 16
practical, follow-up contacts with and reviews of former drug court program 17
participants for key outcome indicators of drug use, recidivism, and 18
employment. 19
(2)(A) The follow-up contacts with and reviews of former drug 20
court program participants shall be conducted as frequently and for a period 21
of time as determined by the Specialty Court Program Advisory Committee based 22
upon the nature of the drug court program and the nature of the participants. 23
(B) The follow-up contacts with and reviews of former drug 24
court participants are not extensions of the drug court's jurisdiction over 25
the drug court participants. 26
(d) For purposes of standardized measurement of success of drug court 27
programs across the state, the Specialty Court Program Advisory Committee 28
shall may adopt an operational definition of terms such as “recidivism”, 29
“retention”, “relapses”, “restarts”, “sanctions imposed”, and “incentives 30
given” to be used in any evaluation and report of drug court programs. 31
(e) Each drug specialty court program shall provide to the Specialty 32
Court Program Advisory Committee and the Administrative Office of the Courts 33
Specialty Court Division all information requested by the Specialty Court 34
Program Advisory Committee . 35
(f) The Division of Drug Court Programs Administrative Office of the 36 HB1835
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Courts, the Division of Community Correction, the Division of Aging, Adult, 1
and Behavioral Health Services of the Department of Human Services, and the 2
Arkansas Crime Information Center shall work together to share and make 3
available data to provide a comprehensive data management system for the 4
state's drug court programs. 5
(g) The Administrative Office of the Courts shall collect monthly data 6
reports submitted by approved drug courts court programs and provide the 7
monthly data reports to the Specialty Court Program Advisory Committee. 8
(h) The Specialty Court Program Advisory Committee shall: 9
(1) Submit a report by July 1 of each year summarizing the data 10
collected and outcomes achieved by all approved specialty courts; and 11
(2) Contract with a third -party evaluator every five (5) years 12
to conduct an evaluation on the effectiveness of the specialty court program 13
in complying with the key components of § 16 -98-302(b). 14
15
SECTION 9. Arkansas Code § 16 -100-101(2), concerning definitions 16
related to mental health and the judicial system, is amended to read as 17
follows: 18
(2) “Mental illness” means a condition of a person who has or 19
has had in the past a diagnosable mental, behavioral, or emotional disorder 20
of sufficient duration to meet diagnostic criteria specified by the 21
Diagnostic and Statistical Manual of Mental Disorders as it existed on 22
January 1, 2017, that has resulted in functional impairment that 23
substantially interferes with or limits one (1) or more major life 24
activities; and 25
26
SECTION 10. Arkansas Code § 16 -100-202(b), concerning the goals of a 27
mental health specialty court program, is repealed. 28
(b) Mental health specialty court program success is determined by the 29
rate of recidivism of all mental health specialty court program participants, 30
including mental health specialty court program participants who do not 31
graduate from the mental health specialty court program. 32
33
SECTION 11. Arkansas Code § 16 -100-204 is amended to read as follows: 34
16-100-204. Administration of mental health specialty court program. 35
(a) A mental health specialty court program may require a separate 36 HB1835
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judicial processing system differing in practice and design from the 1
traditional adversarial criminal prosecution and trial systems. 2
(b)(1) The administrative judge of the judicial district circuit shall 3
designate one (1) or more circuit judges to be mental health specialty court 4
judges and to administer the mental health specialty court program. 5
(2) If a county is in a judicial district circuit that does not 6
have a circuit judge who is able to administer the mental health specialty 7
court program on a consistent basis, the administrative plan for the judicial 8
circuit required by Supreme Court Administrative Order No. Number 14 may 9
designate a district court judge to be a mental health specialty court judge 10
and to administer the mental health specialty court program. 11
(c) A mental health specialty court team shall be designated by a 12
mental health specialty court judge and may include: 13
(1) A circuit judge; 14
(2) A prosecuting attorney; 15
(3) A public defender or private defense attorney; 16
(4) One (1) or more healthcare providers with experience in the 17
field of mental health treatment; 18
(5) One (1) or more probation officers; 19
(6) One (1) or more private mental health treatment provider 20
representatives with experience in the field of mental health treatment; and 21
(7) Any other individual determined necessary by the mental 22
health specialty court judge. 23
(d) Each judicial district may circuit shall develop a training and 24
implementation manual for the mental health specialty court program with the 25
assistance of the: 26
(1) Department of Human Services; 27
(2) Department of Health; 28
(3) Division of Community Correction; 29
(4) Administrative Office of the Courts; and 30
(5) Other federal, state, and local agencies, organizations, or 31
entities with an established history of expertise in mental health 32
conditions. 33
34
SECTION 12. Arkansas Code § 16 -100-208 is amended to read as follows: 35
16-100-208. Completion of program — Dismissal of case — Sealing of 36 HB1835
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record. 1
(a) Upon the mental health specialty court's own motion or upon a 2
request from a mental health specialty court program participant or his or 3
her attorney, a mental health specialty court may order dismissal of the case 4
against the mental health specialty court program participant and the sealing 5
of the record if: 6
(1) The mental health specialty court program participant has 7
successfully completed the mental health specialty court program, as 8
determined by the mental health specialty court; 9
(2) The mental health specialty court program participant has 10
received aftercare programming or a course of continuing mental health 11
treatment if recommended by the mental health specialty court program 12
participant's healthcare provider; 13
(3) The mental health specialty court has received a 14
recommendation from the prosecuting attorney for dismissal of the case and 15
the sealing of the record; and 16
(4) The mental health specialty court, after considering the 17
mental health specialty court program participant's criminal history, 18
determines that dismissal of the case and the sealing of the record are 19
appropriate. 20
(b) Unless otherwise ordered by the mental health specialty court, 21
sealing of the record under this section shall be as described in the 22
Comprehensive Criminal Record Sealing Act of 2013, § 16 -90-1401 et seq. 23
(c) If a mental health specialty court program participant has 24
successfully completed the program and has his or her case dismissed under 25
this section § 16-9-1602, he or she may petition the mental health specialty 26
court for relief from disability to restore the mental health specialty court 27
program participant's right to purchase a firearm and to otherwise be removed 28
from the Federal Bureau of Investigation's National Instant Criminal 29
Background Check System database. 30
31
SECTION 13. Arkansas Code § 16 -101-101 is amended to read as follows: 32
16-101-101. Specialty court authorized — Program authorized — 33
Evaluation — Restriction on services and treatment. 34
(a) A circuit court may establish a veterans treatment specialty court 35
program, subject to approval by the Supreme Court in the administrative plan 36 HB1835
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submitted under Supreme Court Administrative Order No. Number 14. 1
(b) A veterans treatment specialty court is a specialized court within 2
the existing structure of the court system. 3
(c) The goals of the veterans treatment specialty court program shall 4
be consistent with standards adopted by the United States Department of 5
Justice and the National Association of Drug Court Professionals, as they 6
existed on January 1, 2021 national standards. 7
(d) A veterans treatment specialty court program is subject to 8
evaluation by the Specialty Court Program Advisory Committee under § 16 -10-9
139. 10
(e)(1) A veterans treatment specialty court may not order any 11
services, including mental health or substance use disorder treatment under 12
this chapter unless: 13
(A) An administrative and programmatic appropriation has 14
been made for the services; 15
(B) Administrative and programmatic funding is available 16
for the services; and 17
(C) Administrative and programmatic positions have been 18
authorized for the services. 19
(2) If the requirements of subdivision (e)(1) of this section 20
are not met, a veterans treatment specialty court may still order services if 21
the provider waives payment or if the specialty court participant has private 22
insurance that will pay for the services. 23
24
SECTION 14. Arkansas Code § 16 -101-106 is repealed. 25
16-101-106. Completion of program — Dismissal of case — Sealing of 26
record. 27
(a) A veterans treatment specialty court judge, on his or her own 28
motion or upon request from a veterans treatment specialty court program 29
participant, may order dismissal of a veterans treatment specialty court 30
program participant's case if: 31
(1) The veterans treatment specialty court program participant 32
has successfully completed the veterans treatment specialty court program, as 33
determined by the veterans treatment specialty court judge; 34
(2) The veterans treatment specialty court judge has received a 35
recommendation from the prosecuting attorney for dismissal of the veterans 36 HB1835
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treatment specialty court program participant's case and the sealing of the 1
record; and 2
(3) The veterans treatment specialty court judge, after 3
considering the veterans treatment specialty court program participant's past 4
criminal history, determines that the dismissal of the veterans treatment 5
specialty court program participant's case and the sealing of the record are 6
appropriate. 7
(b)(1) Except as provided in subdivision (b)(2) of this section, if 8
the veterans treatment specialty court program participant has pleaded guilty 9
or nolo contendere to or has been found guilty of an offense falling within a 10
target group under § 16 -93-1202(10)(A)(i) in another circuit court in this 11
state, the veterans treatment specialty court judge may order dismissal of 12
the veterans treatment specialty court program participant's case and the 13
sealing of the record for an offense falling within the target group with the 14
written concurrence of the other circuit court. 15
(2) The following offenses are not eligible for sealing under 16
subdivision (b)(1) of this section: 17
(A) Residential burglary, § 5 -39-201(a); 18
(B) Commercial burglary, § 5 -39-201(b); 19
(C) Breaking or entering, § 5 -39-202; and 20
(D) Driving or boating while intoxicated, § 5 -65-103. 21
(c) Unless otherwise ordered by the veterans treatment specialty court 22
judge, sealing under this subsection shall be as described in the 23
Comprehensive Criminal Record Sealing Act of 2013, § 16 -90-1401 et seq. 24
25
SECTION 15. Arkansas Code § 16 -102-102(d)(1), concerning the 26
jurisdiction of a DWI/BWI specialty court program, is amended to read as 27
follows: 28
(d)(1) The DWI/BWI specialty court shall have jurisdiction of a DWI/BWI 29
specialty court program participant for sixteen (16) months from the date of 30
sentencing to complete the DWI/BWI specialty court program in conformance 31
with the standards adopted by the United States Department of Justice and 32
recommended by the National Center for DWI Courts, as they existed on January 33
1, 2021. 34
35
SECTION 16. Arkansas Code § 16 -102-102(g), concerning probation 36 HB1835
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services in a DWI/BWI specialty court program, is amended to read as follows: 1
(g) Subject to Under § 5-65-108, probation and any other services 2
ordered by the DWI/BWI specialty court shall be ordered may utilize 3
probationary supervision to monitor a person's compliance with program 4
requirements and other court orders after the person pleads guilty or nolo 5
contendere to driving or boating while intoxicated, § 5 -65-103. 6
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