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Arkansas Senate Bill SB340

Arkansas 2025 Regular Session

Arkansas Senate Bill SB340 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
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33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 SENATE BILL 340 3
66 4
77 By: Senator A. Clark 5
88 6
99 7
1010 For An Act To Be Entitled 8
1111 AN ACT TO AMEND ARKANSAS LAW CONCERNING CERTAIN FEES, 9
1212 EXPENSES, AND COSTS IMPOSED ON A JUVENILE OR THE 10
1313 PARENT, GUARDIAN, OR CUSTODIAN OF A JUVENILE; AND FOR 11
1414 OTHER PURPOSES. 12
1515 13
1616 14
1717 Subtitle 15
1818 TO AMEND ARKANSAS LAW CONCERNING CERTAIN 16
1919 FEES, EXPENSES, AND COSTS IMPOSED ON A 17
2020 JUVENILE OR THE PARENT, GUARDIAN, OR 18
2121 CUSTODIAN OF A JUVENILE. 19
2222 20
2323 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
2424 22
2525 SECTION 1. Arkansas Code § 6 -18-222(a)(5)(A), concerning the penalty 23
2626 for unexcused absences and the revocation of driving privileges, is amended 24
2727 to read as follows: 25
2828 (5)(A) When a student exceeds the number of unexcused absences 26
2929 provided for in the district's or the Career Education and Workforce 27
3030 Development Board's student attendance policy, or when a student has violated 28
3131 the conditions of an agreement granting special arrangements under 29
3232 subdivision (a)(4)(D) of this section, the school district or the adult 30
3333 education program shall notify the prosecuting authority and the community 31
3434 truancy board, if a community truancy board has been created, and the 32
3535 student's parent, guardian, or person in loco parentis shall be subject to a 33
3636 civil penalty through a family in need of services action in circuit court, 34
3737 as authorized under subdivision (a)(6)(A) of this section, but not to exceed 35
3838 five hundred dollars ($500) plus costs of court and any reasonable fees 36 SB340
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4141 assessed by the court . 1
4242 2
4343 SECTION 2. DO NOT CODIFY. Arkansas Code Title 9, Chapter 27, is 3
4444 renamed "Proceedings Involving Juveniles". 4
4545 5
4646 SECTION 3. Arkansas Code § 9 -27-303(33), concerning the definition of 6
4747 "juvenile" as applicable to the Arkansas Juvenile Code of 1989, is amended to 7
4848 read as follows: 8
4949 (33) “Juvenile” means an individual who is: 9
5050 (A) From birth to eighteen (18) years of age, whether 10
5151 married or single; or 11
5252 (B) Adjudicated delinquent, a juvenile member of a family 12
5353 in need of services, or dependent or dependent -neglected by the juvenile 13
5454 division of circuit court prior to before reaching eighteen (18) years of age 14
5555 and for whom the juvenile division of circuit court retains jurisdiction ; or 15
5656 (C) Both of the following: 16
5757 (i) Under eighteen (18) years of age; and 17
5858 (ii) Under the jurisdiction of the criminal division 18
5959 of a circuit court or under the jurisdiction of the juvenile division of a 19
6060 circuit court under this subchapter ; 20
6161 21
6262 SECTION 4. Arkansas Code § 9 -27-316(b), concerning the right to 22
6363 counsel under the Arkansas Juvenile Code of 1989, is amended to read as 23
6464 follows: 24
6565 (b)(1)(A)(i) The inquiry concerning the ability of the juvenile to 25
6666 retain counsel shall include a consideration of the juvenile's financial 26
6767 resources and the financial resources of his or her family There is a 27
6868 rebuttable presumption that a juvenile is indigent for the purpose of 28
6969 appointing counsel. 29
7070 (ii)(a) Except as provided by subdivision 30
7171 (b)(1)(A)(ii)(b) of this section, if the court appoints counsel to represent 31
7272 a juvenile, the appointment shall be made at no cost to the juvenile or the 32
7373 parent, guardian, or custodian of the juvenile. 33
7474 (b) Subdivision (b)(1)(A)(ii)(a) of this 34
7575 section is subject to funding and appropriation by the General Assembly. 35
7676 (B) However, the The failure of the juvenile's family to 36 SB340
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7979 retain counsel for the juvenile shall not deprive the juvenile of the right 1
8080 to appointed court-appointed counsel if required under this section. 2
8181 (2) After review by the court of an affidavit of financial means 3
8282 completed and verified by the parent of the juvenile and a determination by 4
8383 the court that the parent or juvenile has the ability to pay, the The court 5
8484 may shall not order financially able juveniles, parents, guardians, or 6
8585 custodians a juvenile or the parent, guardian, or custodian of a juvenile to 7
8686 pay all or part of reasonable the attorney's fees and expenses for 8
8787 representation of a the juvenile. 9
8888 (3) All moneys collected by the circuit clerk under this 10
8989 subsection shall be retained by the clerk and deposited into a special fund 11
9090 to be known as the “juvenile representation fund” The court shall not order a 12
9191 juvenile or the parent, guardian, or custodian of a juvenile to pay a fee 13
9292 related to the cost of providing the juvenile with counsel . 14
9393 (4) The court may direct that money from this fund be used in 15
9494 providing counsel for juveniles under this section in delinquency or family -16
9595 in-need-of-services cases and indigent parents or guardians in dependency -17
9696 neglect cases as provided by subsection (h) of this section. 18
9797 (5) Any money remaining in the fund at the end of the fiscal 19
9898 year shall not revert to any other fund but shall carry over into the next 20
9999 fiscal year in the juvenile representation fund. 21
100100 22
101101 SECTION 5. Arkansas Code § 9 -27-323 is amended to read as follows: 23
102102 9-27-323. Diversion — Conditions — Agreement — Completion — Definition. 24
103103 (a) If the prosecuting attorney, after consultation with the intake 25
104104 officer, determines that a diversion of a delinquency case is in the best 26
105105 interests of the juvenile and the community, the officer with the consent of 27
106106 the juvenile and his or her parent, guardian, or custodian may attempt to 28
107107 make a satisfactory diversion of a case. 29
108108 (b) If the intake officer determines that a diversion of a family in 30
109109 need of services case is in the best interest of the juvenile and the 31
110110 community, the officer with the consent of the petitioner, juvenile, and his 32
111111 or her parent, guardian, or custodian may attempt to make a satisfactory 33
112112 diversion of a case. 34
113113 (c) In addition to the requirements of subsections (a) and (b) of this 35
114114 section, a diversion of a case is subject to the following conditions: 36 SB340
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117117 (1) The juvenile has admitted his or her involvement in: 1
118118 (A) A delinquent act for a delinquency diversion; or 2
119119 (B) A family in need of services act for a family in need 3
120120 of services diversion; 4
121121 (2) The intake officer advises the juvenile and his or her 5
122122 parent, guardian, or custodian that they have the right to refuse a diversion 6
123123 of the case and demand the filing of a petition and a formal adjudication; 7
124124 (3) Any diversion agreement is entered into voluntarily and 8
125125 intelligently by the juvenile with the advice of his or her attorney or by 9
126126 the juvenile with the consent of a parent, guardian, or custodian if the 10
127127 juvenile is not represented by counsel; 11
128128 (4) The diversion agreement provides for the supervision of a 12
129129 juvenile or the referral of the juvenile to a public or private agency for 13
130130 services not to exceed six (6) months; 14
131131 (5) All other terms of a diversion agreement do not exceed nine 15
132132 (9) months; and 16
133133 (6) The juvenile and his or her parent, guardian, or custodian 17
134134 shall have the right to terminate the diversion agreement at any time and to 18
135135 request the filing of a petition and a formal adjudication. 19
136136 (d)(1) The terms of the diversion agreement shall: 20
137137 (A) Be in writing in simple, ordinary, and understandable 21
138138 language; 22
139139 (B) State that the agreement was entered into voluntarily 23
140140 by the juvenile; 24
141141 (C) Name the attorney or other person who advised the 25
142142 juvenile upon the juvenile's entering into the agreement; and 26
143143 (D) Be signed by all parties to the agreement and by the 27
144144 prosecuting attorney if it is a delinquency case and the offense would 28
145145 constitute a felony if committed by an adult or a family in need of services 29
146146 case pursuant to § 6 -18-222. 30
147147 (2)(A) A Except as provided by subdivision (d)(2)(B) of this 31
148148 section, at no cost to the juvenile or the parent, guardian, or custodian of 32
149149 the juvenile, a copy of the diversion agreement shall be given to the 33
150150 juvenile, the counsel for the juvenile, the parent, guardian, or custodian of 34
151151 the juvenile, and the intake officer, who shall retain the copy of the 35
152152 diversion agreement in the case file. 36 SB340
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155155 (B) Subdivision (d)(2)(A) of this section is subject to 1
156156 funding and appropriation by the General Assembly. 2
157157 (e) Diversion agreements shall be: 3
158158 (1) Implemented by all juvenile courts based on validated 4
159159 assessment tools; and 5
160160 (2) Used to provide for: 6
161161 (A) Nonjudicial probation under the supervision of the 7
162162 intake officer or probation officer for a period during which the juvenile 8
163163 may be required to comply with specified conditions concerning his or her 9
164164 conduct and activities; 10
165165 (B) Participation in a court -approved program of 11
166166 education, counseling, or treatment; 12
167167 (C) Participation in a court -approved teen court; 13
168168 (D) Participation in a juvenile drug court program; 14
169169 (E) Enrollment in the Regional Educational Career 15
170170 Alternative School System for Adjudicated Youth; and 16
171171 (F)(i) Payment of restitution to the victim. 17
172172 (ii) Payments of restitution under subdivision 18
173173 (e)(2)(F)(i) of this section shall be paid under § 16 -13-326. 19
174174 (f)(1)(A) If a diversion of a complaint has been made, a petition 20
175175 based upon the events out of which the original complaint arose may be filed : 21
176176 (i) At no cost to the juvenile or the parent, 22
177177 guardian, or custodian of the juvenile; and 23
178178 (ii) only Only during the period for which the 24
179179 agreement was entered into. 25
180180 (B) Subdivision (f)(1)(A)(i) of this section is subject to 26
181181 funding and appropriation by the General Assembly. 27
182182 (2) If a petition is filed within this period, the juvenile's 28
183183 compliance with all proper and reasonable terms of the agreement shall be 29
184184 grounds for dismissal of the petition by the court. 30
185185 (g) The diversion agreement may be terminated, and the prosecuting 31
186186 attorney in a delinquency case or the petitioner in a family in need of 32
187187 services case may file a petition , at no cost to the juvenile or the parent, 33
188188 guardian, or custodian of the juvenile, if at any time during the agreement 34
189189 period: 35
190190 (1) The juvenile or his or her parent, guardian, or custodian 36 SB340
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193193 declines to further participate in the diversion process; 1
194194 (2) The juvenile fails, without reasonable excuse, to attend a 2
195195 scheduled conference; 3
196196 (3) The juvenile appears unable or unwilling to benefit from the 4
197197 diversion process; or 5
198198 (4) The intake officer becomes apprised of new or additional 6
199199 information that indicates that further efforts at diversion would not be in 7
200200 the best interests of the juvenile or society. 8
201201 (h) Upon the satisfactory completion of the diversion period: 9
202202 (1) The juvenile shall be dismissed without further proceedings; 10
203203 (2) The intake officer shall furnish written notice of the 11
204204 dismissal to the juvenile and his or her parent, guardian, or custodian; and 12
205205 (3)(A) The complaint and the diversion agreement, and all 13
206206 references thereto to the complaint and the diversion agreement , may be 14
207207 expunged by the court from the juvenile's file at no cost to the juvenile or 15
208208 the parent, guardian, or custodian of the juvenile, except as provided by 16
209209 subdivision (h)(3)(B) of this section . 17
210210 (B) Subdivision (h)(3)(A) of this section is subject to 18
211211 funding and appropriation by the General Assembly. 19
212212 (i)(1) A juvenile intake or probation officer may charge a diversion 20
213213 fee only after review of an affidavit of financial means and a determination 21
214214 of the juvenile's or the juvenile's parent's, guardian's, or custodian's 22
215215 ability to pay the fee juvenile or the parent, guardian, or custodian of a 23
216216 juvenile shall not be charged a diversion fee . 24
217217 (2) The diversion fee shall not exceed twenty dollars ($20.00) 25
218218 per month to the juvenile division of circuit court. 26
219219 (3) The court may direct that the fees be collected by the 27
220220 juvenile officer, sheriff, or court clerk for the county in which the fees 28
221221 are charged. 29
222222 (4) The officer designated by the court to collect diversion 30
223223 fees shall maintain receipts and account for all incoming fees and shall 31
224224 deposit the fees at least weekly into the county treasury of the county where 32
225225 the fees are collected and in which diversion services are provided. 33
226226 (5) The diversion fees shall be deposited into the account with 34
227227 the juvenile service fees under § 16 -13-326. 35
228228 (j)(1) In judicial districts having more than one (1) county, the 36 SB340
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231231 judge may designate the treasurer of one (1) of the counties in the district 1
232232 as the depository of all juvenile fees collected in the district. 2
233233 (2) The treasurer so designated by the court shall maintain a 3
234234 separate account of the juvenile fees collected and expended in each county 4
235235 in the district. 5
236236 (3) Money remaining at the end of the fiscal year shall not 6
237237 revert to any other fund but shall carry over to the next fiscal year. 7
238238 (4) The funds derived from the collection of diversion fees 8
239239 shall be used by agreement of the judge or judges of the circuit court 9
240240 designated to hear juvenile cases in their district plan pursuant to Supreme 10
241241 Court Administrative Order No. 14, originally issued April 6, 2001, and the 11
242242 quorum court of the county to provide services and supplies to juveniles at 12
243243 the discretion of the juvenile division of circuit court. 13
244244 (k)(1)(j)(1) The Department of Human Services shall develop a 14
245245 statewide referral protocol for helping to coordinate the delivery of 15
246246 services to sexually exploited children. 16
247247 (2) As used in this section, “sexually exploited child” means a 17
248248 person less than eighteen (18) years of age who has been subject to sexual 18
249249 exploitation because the person: 19
250250 (A) Is a victim of trafficking of persons under § 5 -18-20
251251 103; 21
252252 (B) Is a victim of child sex trafficking under 18 U.S.C. § 22
253253 1591, as it existed on January 1, 2013; or 23
254254 (C) Engages in an act of prostitution under § 5 -70-102 or 24
255255 sexual solicitation under § 5 -70-103. 25
256256 (k)(1) Except as provided by subdivision (k)(2) of this section, the 26
257257 diversion of a case under this section shall be implemented and administered 27
258258 at no cost to the juvenile or the parent, guardian, or custodian of the 28
259259 juvenile. 29
260260 (2) Subdivision (k)(1) of this section is subject to funding and 30
261261 appropriation by the General Assembly. 31
262262 32
263263 SECTION 6. Arkansas Code § 9 -27-330(a), concerning juveniles found to 33
264264 be delinquent, is amended to read as follows: 34
265265 (a) If a juvenile is found to be delinquent, the circuit court may 35
266266 enter an order making any of the following dispositions based upon the best 36 SB340
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269269 interest of the juvenile: 1
270270 (1)(A) Transfer legal custody of the juvenile to any licensed 2
271271 agency responsible for the care of delinquent juveniles or to a relative or 3
272272 other individual. 4
273273 (B)(i) Commit the juvenile to the Division of Youth 5
274274 Services using the validated risk assessment system for Arkansas juvenile 6
275275 offenders selected by the Juvenile Judges Committee of the Arkansas Judicial 7
276276 Council with the division and distributed and administered by the 8
277277 Administrative Office of the Courts. 9
278278 (ii)(a) The validated risk assessment system 10
279279 selected by the Juvenile Judges Committee of the Arkansas Judicial Council 11
280280 with the division shall be: 12
281281 (1) The only validated risk assessment 13
282282 used by courts for commitment; 14
283283 (2) Used throughout the state; and 15
284284 (3) Applied to all commitment decisions 16
285285 for all juvenile offenders. 17
286286 (b) The validated risk assessment may be 18
287287 changed to another validated risk assessment system by the Juvenile Judges 19
288288 Committee of the Arkansas Judicial Council with the division. 20
289289 (iii)(a) In an order of commitment, the court 21
290290 may recommend that a juvenile be placed in a treatment program or community -22
291291 based program instead of a youth services center and shall make specific 23
292292 findings in support of such a placement in the order. 24
293293 (b) The court shall also specify in its 25
294294 recommendation whether it is requesting a division aftercare plan upon the 26
295295 juvenile's release from the division. 27
296296 (c) A court may not commit a juvenile to 28
297297 the division if the juvenile is adjudicated delinquent of only a misdemeanor 29
298298 offense unless the: 30
299299 (1) Juvenile is determined to be 31
300300 moderate risk or high risk by the validated risk assessment; and 32
301301 (2) Court makes specific findings 33
302302 as to the factors considered for the disposition to be in the juvenile's best 34
303303 interest. 35
304304 (d) A court may not commit a juvenile to 36 SB340
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307307 the division if the juvenile is adjudicated delinquent of only a misdemeanor 1
308308 offense and the juvenile is determined to be low risk by the validated risk 2
309309 assessment. 3
310310 (iv) A circuit court committing a juvenile to the 4
311311 division under subdivision (a)(1)(B)(iii) of this section shall make written 5
312312 findings and consider the following factors in making its determination to 6
313313 commit the juvenile to the division: 7
314314 (a) The previous history of the juvenile, 8
315315 including without limitation whether: 9
316316 (1) The juvenile has been adjudicated 10
317317 delinquent and, if so, whether the offense was against a person or property; 11
318318 and 12
319319 (2) Any other previous history of 13
320320 antisocial behavior or patterns of physical violence exist; 14
321321 (b) Whether the circuit court has previously 15
322322 offered less restrictive programs or services to the juvenile and whether 16
323323 there are less restrictive programs or services available to the court that 17
324324 are likely to rehabilitate the juvenile before the expiration of the court's 18
325325 jurisdiction; 19
326326 (c) Written reports and other materials 20
327327 relating to the juvenile's mental, physical, educational, and social history; 21
328328 and 22
329329 (d) Any other factors deemed relevant by the 23
330330 circuit court. 24
331331 (v) Upon receipt of an order of commitment with 25
332332 recommendations for placement, the division shall consider the 26
333333 recommendations of the committing court in placing a juvenile in a youth 27
334334 services facility or a community -based program. 28
335335 (vi) Upon receipt of an order of commitment, the 29
336336 division or its contracted provider or designee shall prepare a written 30
337337 treatment plan that: 31
338338 (a) States the treatment plan for the 32
339339 juvenile, including the types of programs and services that will be provided 33
340340 to the juvenile; 34
341341 (b) States the anticipated length of the 35
342342 juvenile's commitment; 36 SB340
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345345 (c)(1) States recommendations as to the most 1
346346 appropriate post-commitment placement for the juvenile. 2
347347 (2) If the juvenile cannot return to the 3
348348 custody of his or her parent, guardian, or custodian because of child 4
349349 maltreatment, which includes the parent's, guardian's, or custodian's 5
350350 refusing to take responsibility for the juvenile, the division shall 6
351351 immediately contact the Office of Chief Counsel of the Department of Human 7
352352 Services. 8
353353 (3) The Office of Chief Counsel of the 9
354354 Department of Human Services shall petition the committing court to determine 10
355355 the issue of custody of the juvenile; 11
356356 (d) States any post -commitment community -based 12
357357 services that will be offered to the juvenile and to his or her family by the 13
358358 division or the community -based provider; 14
359359 (e)(1) Outlines an aftercare plan, if 15
360360 recommended, including specific terms and conditions required of the juvenile 16
361361 and the community-based provider. 17
362362 (2) If the juvenile progresses in 18
363363 treatment and an aftercare plan is no longer recommended or the terms of the 19
364364 aftercare plan need to be amended as a result of treatment changes, any 20
365365 change in the terms of the aftercare plan and conditions shall be provided in 21
366366 writing and shall be explained to the juvenile. 22
367367 (3) The terms and conditions shall be 23
368368 provided also to the prosecuting attorney, the juvenile's attorney, and to 24
369369 the juvenile's legal parent, guardian, or custodian by the division or its 25
370370 designee before the juvenile's release from the division. 26
371371 (4) All aftercare terms shall be 27
372372 provided to the committing court; and 28
373373 (f)(1) The treatment plan shall be filed with 29
374374 the committing court no later than thirty (30) days from the date of the 30
375375 commitment order or before the juvenile's release, whichever is sooner. 31
376376 (2) A copy of the written treatment plan 32
377377 shall be provided at no cost to the juvenile or the juvenile's parent, 33
378378 guardian, or custodian and shall be explained to the juvenile. 34
379379 (3) A copy shall be provided to the 35
380380 prosecutor, the juvenile's attorney, and to the juvenile's legal parent, 36 SB340
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383383 guardian, or custodian and shall be filed in the court files of any circuit 1
384384 court where a dependency -neglect or family in need of services case 2
385385 concerning that juvenile is pending. 3
386386 (C) This transfer of custody shall not include placement 4
387387 of adjudicated delinquents into the custody of the Department of Human 5
388388 Services for the purpose of foster care except as under the Child 6
389389 Maltreatment Act, § 12 -18-101 et seq.; 7
390390 (2) Order the juvenile or members of the juvenile's family to 8
391391 submit to physical, psychiatric, or psychological evaluations at no cost to 9
392392 the juvenile or the parent, guardian, or custodian of the juvenile ; 10
393393 (3) Grant permanent custody to an individual upon proof that the 11
394394 parent or guardian from whom the juvenile has been removed has not complied 12
395395 with the orders of the court and that no further services or periodic reviews 13
396396 are required; 14
397397 (4)(A) Place the juvenile on probation under those conditions 15
398398 and limitations that the court may prescribe pursuant to § 9 -27-339(a). 16
399399 (B)(i) In addition, the court shall have the right as a 17
400400 term of probation to require the juvenile to attend school or make 18
401401 satisfactory progress toward attaining a high school equivalency diploma 19
402402 approved by the Adult Education Section. 20
403403 (ii) The court shall have the right to revoke 21
404404 probation if the juvenile fails to regularly attend school or if satisfactory 22
405405 progress toward attaining a high school equivalency diploma approved by the 23
406406 Adult Education Section is not being made; 24
407407 (5) Order a probation fee, not to exceed twenty dollars ($20.00) 25
408408 per month, as provided in § 16 -13-326(a); 26
409409 (6) Assess a court cost of no more than thirty -five dollars 27
410410 ($35.00) to be paid by the juvenile, his or her parent, both parents, or his 28
411411 or her guardian; 29
412412 (7)(A)(5)(A) Order restitution to be paid by the juvenile , a 30
413413 parent, both parents, the guardian, or his or her custodian or the parent, 31
414414 guardian, or custodian of the juvenile . 32
415415 (B) If the custodian is the State of Arkansas, both 33
416416 liability and the amount that may be assessed shall be determined by the 34
417417 Arkansas State Claims Commission; 35
418418 (8) Order a fine of not more than five hundred dollars ($500) to 36 SB340
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421421 be paid by the juvenile, a parent, both parents, or the guardian; 1
422422 (9)(6)(A) Order that the juvenile and his or her parent, both 2
423423 parents, or the guardian the parent, guardian, or custodian of the juvenile 3
424424 perform court-approved volunteer service in the community designed to 4
425425 contribute to the rehabilitation of the juvenile or to the ability of the 5
426426 parent, or guardian, or custodian of the juvenile to provide proper parental 6
427427 care and supervision of the juvenile , not to exceed one hundred sixty (160) 7
428428 hours. 8
429429 (B) The juvenile or the parent, guardian, or 9
430430 custodian of the juvenile shall not be required to: 10
431431 (i) Participate in volunteer service in the 11
432432 community for more than one hundred sixty (160) hours; or 12
433433 (ii) Pay a cost for participating in the 13
434434 volunteer service in the community ; 14
435435 (10)(A)(7)(A) Order that the parent, both parents, or the 15
436436 guardian, or custodian of the juvenile attend a court -approved parental 16
437437 responsibility training program if available. 17
438438 (B) The court may make reasonable orders requiring proof 18
439439 of completion of the court-approved parental responsibility training program 19
440440 within a certain time period and payment of a fee covering the cost of the 20
441441 training program. 21
442442 (C) The court may provide that any violation of such 22
443443 orders shall subject the parent, both parents, or the guardian, or custodian 23
444444 of the juvenile to the contempt sanctions of the court . 24
445445 (D) The parent, guardian, or custodian of the juvenile 25
446446 shall not be required to pay the cost for attending the court -approved 26
447447 parental responsibility training program ; 27
448448 (11)(A)(i)(8)(A)(i) Order that the juvenile remain in a juvenile 28
449449 detention facility for an indeterminate period not to exceed ninety (90) days 29
450450 at no cost to the juvenile or the parent, guardian, or custodian of the 30
451451 juvenile. 31
452452 (ii) The court may further order that the juvenile 32
453453 be eligible for work release or to attend school or other educational or 33
454454 vocational training at no cost to the juvenile or the parent, guardian, or 34
455455 custodian of the juvenile . 35
456456 (B) The juvenile detention facility shall afford 36 SB340
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459459 opportunities for education, recreation, and other rehabilitative services to 1
460460 adjudicated delinquents at no cost to the juvenile or the parent, guardian, 2
461461 or custodian of the juvenile ; 3
462462 (12)(9)(A) Place the juvenile on residential detention with 4
463463 electronic monitoring, either in the juvenile's home or in another facility 5
464464 as ordered by the court , at no cost to the juvenile or the parent, guardian, 6
465465 or custodian of the juvenile ;. 7
466466 (13)(A)(B) Order the parent, both parents, or the guardian 8
467467 of any A juvenile or the parent, guardian, or custodian of a juvenile 9
468468 adjudicated delinquent and committed to a youth services center, detained in 10
469469 a juvenile detention facility, or placed on electronic monitoring to be shall 11
470470 not be liable for the cost of the commitment, detention, or electronic 12
471471 monitoring.; 13
472472 (B)(i) The court shall take into account the financial 14
473473 ability of the parent, both parents, or the guardian to pay for the 15
474474 commitment, detention, or electronic monitoring. 16
475475 (ii) The court shall take into account the past 17
476476 efforts of the parent, both parents, or the guardian to correct the 18
477477 delinquent juvenile's conduct. 19
478478 (iii) If the parent is a noncustodial parent, the 20
479479 court shall take into account the opportunity the parent has had to correct 21
480480 the delinquent juvenile's conduct. 22
481481 (iv) The court shall take into account any other 23
482482 factors the court deems relevant; 24
483483 (14)(10)(A) When a juvenile is committed to a youth services 25
484484 center or detained in a juvenile detention facility and the juvenile is 26
485485 covered by private health insurance, order the parent , or guardian, or 27
486486 custodian of the juvenile to provide information on the juvenile's health 28
487487 insurance coverage, including a copy of the health insurance policy and the 29
488488 pharmacy card when available, to the juvenile detention center facility or 30
489489 youth services center that has physical custody of the juvenile ; or. 31
490490 (B) The juvenile or the parent, guardian, or custodian of 32
491491 the juvenile shall not be required to pay for the cost of medical treatment 33
492492 received by the juvenile that is incurred while the juvenile is in the 34
493493 physical custody of a juvenile detention facility or youth services center. 35
494494 (C) The quality of medical care, including without 36 SB340
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497497 limitation specialty care, provided to the juvenile while the juvenile is in 1
498498 the physical custody of a juvenile detention facility or youth services 2
499499 center shall not be dependent on the juvenile's health insurance coverage; or 3
500500 (15)(A)(11)(A) Order the Department of Finance and 4
501501 Administration to suspend the driving privileges of any juvenile adjudicated 5
502502 delinquent. 6
503503 (B) The order shall be prepared and transmitted to the 7
504504 Department of Finance and Administration within twenty -four (24) hours after 8
505505 the juvenile has been found delinquent and is sentenced to have his or her 9
506506 driving privileges suspended. 10
507507 (C) The court may provide in the order for the issuance of 11
508508 a restricted driving permit to allow driving to and from a place of 12
509509 employment or driving to and from school or for other circumstances. 13
510510 14
511511 SECTION 7. Arkansas Code § 9 -27-330, concerning juvenile delinquency 15
512512 dispositions and alternatives, is amended to add an additional subsection to 16
513513 read as follows: 17
514514 (k)(1) Except as provided by subdivision (k)(2) of this section, the 18
515515 court shall not order a juvenile or the parent, guardian, or custodian of a 19
516516 juvenile to pay costs, fees, or other expenses associated with a program or 20
517517 service ordered by the court under this section. 21
518518 (2) Subdivision (k)(1) of this section is subject to funding and 22
519519 appropriation by the General Assembly. 23
520520 (3) This subsection does not prohibit a court from ordering 24
521521 restitution under subdivision (a)(5) of this section. 25
522522 26
523523 SECTION 8. Arkansas Code § 9 -27-331(d)(1)(A), concerning limitations 27
524524 on delinquency determinations, is amended to read as follows: 28
525525 (d)(1)(A)(i) The court may enter an order for physical, psychiatric, 29
526526 or psychological evaluation or counseling or treatment affecting the family 30
527527 of a juvenile only after finding that the evaluation, counseling, or 31
528528 treatment of family members is necessary for the treatment or rehabilitation 32
529529 of the juvenile. 33
530530 (ii)(a) Except as provided in subdivision 34
531531 (d)(1)(A)(ii)(b) of this section, an order for physical, psychiatric, or 35
532532 psychological evaluation or counseling or treatment of the family of a 36 SB340
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535535 juvenile under subdivision (d)(1)(A)(i) of this section shall be provided at 1
536536 no cost to the juvenile or the parent, guardian, or custodian of the 2
537537 juvenile. 3
538538 (b) Subdivision (d)(1)(A)(ii)(a) of this 4
539539 section is subject to funding and appropriation by the General Assembly. 5
540540 6
541541 SECTION 9. Arkansas Code § 9 -27-357 is amended to read as follows: 7
542542 9-27-357. Deoxyribonucleic acid samples. 8
543543 (a)(1) A person juvenile who is adjudicated delinquent for one (1) or 9
544544 more of the following offenses shall have a deoxyribonucleic acid sample 10
545545 drawn at no cost to the juvenile or the parent, guardian, or custodian of the 11
546546 juvenile, except as provided in subdivision (a)(2) of this section : 12
547547 (1)(A) Rape, § 5-14-103; 13
548548 (2)(B) Sexual assault in the first degree, § 5 -14-124; 14
549549 (3)(C) Sexual assault in the second degree, § 5 -14-125; 15
550550 (4)(D) Incest, § 5-26-202; 16
551551 (5)(E) Capital murder, § 5-10-101; 17
552552 (6)(F) Murder in the first degree, § 5 -10-102; 18
553553 (7)(G) Murder in the second degree, § 5 -10-103; 19
554554 (8)(H) Kidnapping, § 5-11-102; 20
555555 (9)(I) Aggravated robbery, § 5 -12-103; 21
556556 (10)(J) Terroristic act, § 5 -13-310; and 22
557557 (11)(K) Aggravated assault upon a law enforcement officer 23
558558 or an employee of a correctional facility, § 5 -13-211, if a Class Y felony. 24
559559 (2) Subdivision (a)(1) of this section is subject to funding and 25
560560 appropriation by the General Assembly. 26
561561 (b) The court shall order a fine of two hundred fifty dollars ($250) 27
562562 unless the court finds that the fine would cause an undue hardship. 28
563563 (c)(1)(b)(1) Only a juvenile adjudicated delinquent for one (1) of the 29
564564 offenses listed in subsection (a) of this section shall have a 30
565565 deoxyribonucleic acid sample drawn upon intake at a juvenile detention 31
566566 facility or intake at a Division of Youth Services facility. 32
567567 (2) If the juvenile is not placed in a facility, the juvenile 33
568568 probation officer to whom the juvenile is assigned shall ensure that the 34
569569 deoxyribonucleic acid sample is drawn. 35
570570 (d)(c) All deoxyribonucleic acid samples taken under this section 36 SB340
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573573 shall be taken in accordance with rules promulgated by the State Crime 1
574574 Laboratory. 2
575575 3
576576 SECTION 10. Arkansas Code § 9 -27-367 is amended to read as follows: 4
577577 9-27-367. Court costs, fees, and fines. 5
578578 (a) The juvenile division of the circuit court may order the following 6
579579 court costs, fees, and fines to be paid by adjudicated defendants to the 7
580580 circuit court juvenile division fund as provided for in § 16 -13-326: 8
581581 (1) The court may assess an adjudicated delinquent court costs 9
582582 not to exceed thirty -five dollars ($35.00) as provided under § 9 -27-10
583583 330(a)(6); 11
584584 (2) The court may assess an adjudicated family in need of 12
585585 services court costs not to exceed thirty -five dollars ($35.00) as provided 13
586586 under § 9-27-332(a)(8); 14
587587 (3) The court may order a probation fee for juveniles 15
588588 adjudicated delinquent not to exceed twenty dollars ($20.00) per month as 16
589589 provided under § 9-27-330(a)(5); 17
590590 (4)(2) The court may order a juvenile service fee for an 18
591591 adjudicated family in need of services not to exceed twenty dollars ($20.00) 19
592592 per month as provided under § 9 -27-332(a)(9); and 20
593593 (5) The court may order a fine for adjudicated delinquents of 21
594594 not more than five hundred dollars ($500) as provided under § 9 -27-330(a)(8); 22
595595 (6)(3) The court may order a fine for an adjudicated family in 23
596596 need of services of not more than five hundred dollars ($500) as provided 24
597597 under § 9-27-332(a)(7); and 25
598598 (7) A juvenile intake or probation officer may charge a 26
599599 diversion fee limited to no more than twenty dollars ($20.00) per month as 27
600600 provided under § 9-27-323. 28
601601 (b)(1) The court shall direct that the juvenile division court costs 29
602602 and fees be collected, maintained, and accounted for in the same manner as 30
603603 juvenile probation and juvenile services fees as provided for in § 16 -13-326. 31
604604 (2) Except as provided in this section, in relation to a matter 32
605605 involving a juvenile, the juvenile and the parent, guardian, or custodian of 33
606606 the juvenile shall not be ordered to pay costs, fees, and fines or a 34
607607 combination of costs, fees, and fines. 35
608608 36 SB340
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611611 SECTION 11. Arkansas Code § 9 -27-602(d), concerning required 1
612612 assessments for juvenile mental health services, is amended to read as 2
613613 follows: 3
614614 (d)(1) The court shall make a determination of the ability of the 4
615615 parent, guardian, or custodian of the juvenile to pay in whole or in part for 5
616616 mental health services A juvenile or the parent, guardian, or custodian of 6
617617 the juvenile shall not be required to pay for mental health services ordered 7
618618 by the court under this section . 8
619619 (2) If the court determines an ability to pay, the court shall 9
620620 enter such an order for payment pursuant to § 9 -27-333(e). 10
621621 11
622622 SECTION 12. Arkansas Code § 16 -10-305, concerning court costs, is 12
623623 amended to add an additional subsection to read as follows: 13
624624 (i) The authority to assess court costs under this section does not 14
625625 apply to: 15
626626 (1) A person who is a juvenile at the time of the commission of 16
627627 the delinquent act; 17
628628 (2) A person who is a juvenile at the time the circuit court or 18
629629 district court renders a judgment; 19
630630 (3) A juvenile; or 20
631631 (4) The parent, guardian, or custodian of a juvenile in relation 21
632632 to the juvenile's delinquent act. 22
633633 23
634634 SECTION 13. Arkansas Code § 16 -87-201, concerning definitions 24
635635 applicable to the Arkansas Public Defender Commission, is amended to add an 25
636636 additional subdivision to read as follows: 26
637637 (5) "Juvenile" means a person who is: 27
638638 (A) Under eighteen (18) years of age; and 28
639639 (B) Under the jurisdiction of the criminal division of 29
640640 circuit court or under the jurisdiction of the juvenile division of a circuit 30
641641 court under the Arkansas Juvenile Code of 1989, § 9 -27-301 et seq. 31
642642 32
643643 SECTION 14. Arkansas Code § 16 -87-213(a)(1)(A), concerning 33
644644 certificates of indigency, is amended to read as follows: 34
645645 (a)(1)(A)(i) Any Except as provided in subdivision (a)(1)(A)(ii) of 35
646646 this section, a person who is charged with an offense punishable by 36 SB340
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649649 imprisonment who and desires to be represented by an appointed attorney shall 1
650650 file with the court in which the person is charged a written certificate of 2
651651 indigency. 3
652652 (ii)(a) There is a rebuttable presumption that a 4
653653 juvenile is indigent for the purposes of appointing an attorney. 5
654654 (b) A juvenile shall not be required to 6
655655 complete a certificate of indigency. 7
656656 (c)(1) Except as provided by subdivision 8
657657 (a)(1)(A)(ii)(c)(2) of this section, if the court appoints an attorney to 9
658658 represent the juvenile, the appointment shall be made at no cost to the 10
659659 juvenile or the parent, guardian, or custodian of the juvenile. 11
660660 (2) Subdivision (a)(1)(A)(ii)(c)(1) is 12
661661 subject to funding and appropriation by the General Assembly. 13
662662 14
663663 SECTION 15. Arkansas Code § 16 -87-218(c)(6), concerning schedules of 15
664664 costs for legal services, is amended to read as follows: 16
665665 (6) Any juvenile matter with the exception of a delinquency 17
666666 matter: 18
667667 (A) For an early disposition, sixty -five dollars ($65.00); 19
668668 (B) For a negotiated plea or disposition before trial, one 20
669669 hundred twenty-five dollars ($125); or 21
670670 (C) For a trial or an extended matter, five hundred 22
671671 dollars ($500); or 23
672672 24
673673 SECTION 16. Arkansas Code § 16 -87-218, concerning schedules of costs 25
674674 for legal services, is amended to add an additional subsection to read as 26
675675 follows: 27
676676 (e)(1) A court shall not enter a judgment in favor of the state for 28
677677 legal services rendered by the public defender or for costs listed in 29
678678 subsection (c) of this section: 30
679679 (A) In a juvenile matter; 31
680680 (B) Against a defendant who was a juvenile at the time the 32
681681 offense was committed; 33
682682 (C) Against a juvenile; or 34
683683 (D) Against the parent, guardian, or custodian of a 35
684684 juvenile in a juvenile matter. 36 SB340
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687687 (2) Subdivision (e)(1) of this section is subject to funding and 1
688688 appropriation by the General Assembly. 2
689689 3
690690 SECTION 17. DO NOT CODIFY. TEMPORARY LANGUAGE. Costs — Collection 4
691691 and revenue — Definition. 5
692692 (a) As used in this section, "juvenile" means an individual under 6
693693 eighteen (18) years of age who is under the jurisdiction of a criminal 7
694694 division of circuit court or under a juvenile division of a circuit court 8
695695 under the Arkansas Juvenile Code of 1989, § 9 -27-301 et seq. 9
696696 (b) On or after the effective date of this section, any judgment 10
697697 against a juvenile or the parent, guardian, or custodian of a juvenile 11
698698 entered on or before the effective date of this section for fines, fees, 12
699699 costs, or taxes associated with a juvenile matter brought under the Arkansas 13
700700 Juvenile Code of 1989, § 9 -27-301 et seq., is void and uncollectible to the 14
701701 extent that a balance remains due, including without limitation any post -15
702702 judgment interest, penalties, or collection expenses associated with the 16
703703 fines, fees, costs, or taxes. 17
704704 (c)(1) Any civil judgment, lien, or other legal encumbrance against a 18
705705 juvenile or the parent, guardian, or custodian of a juvenile entered on or 19
706706 before the effective date of this section in connection with fines, fees, 20
707707 costs, or taxes associated with a juvenile matter is vacated. 21
708708 (2) The court administrator shall not charge any fees associated 22
709709 with the satisfaction of a civil judgment, lien, or other legal encumbrance 23
710710 vacated under subdivision (c)(1) of this section. 24
711711 (d)(1) On or before January 1, 2024, the Administrative Office of the 25
712712 Courts, in consultation with state and municipal agencies, shall establish 26
713713 procedures to vacate and discharge the following for juveniles and the 27
714714 parents, guardians, or custodians of juveniles: 28
715715 (A) All unpaid outstanding balances for fines, fees, 29
716716 costs, or taxes; and 30
717717 (B) All unsatisfied civil judgments, liens, and legal 31
718718 encumbrances entered in connection with fines, fees, costs, or taxes 32
719719 associated with a juvenile matter. 33
720720 (2) The procedures under subdivision (d)(1) of this section 34
721721 shall not require a juvenile or the parent, guardian, or custodian of a 35
722722 juvenile to act affirmatively to initiate the procedures to vacate and 36 SB340
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725725 discharge outstanding: 1
726726 (A) Balances for fines, fees, costs, and taxes; and 2
727727 (B) Unsatisfied civil judgments, liens, and legal 3
728728 encumbrances. 4
729729 (e) Any savings in costs associated with the collection of fines, 5
730730 fees, costs, and taxes or civil judgments, liens, and legal encumbrances as a 6
731731 result of this section shall be directed to community initiatives in 7
732732 accordance with the reinvestment plan developed by the Division of Youth 8
733733 Services under § 9-28-1203. 9
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