2010 Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 98 - Treatment for Drug Abuse
Subchapter 3 - Arkansas Drug Court Act
§ 16-98-303 - Drug court programs authorized.

16-98-303. Drug court programs authorized.

(a) (1) Each judicial district of this state is authorized to establish a drug court program under this subchapter.

(2) (A) The structure, method, and operation of each drug court program may differ and should be based upon the specific needs of and resources available to the judicial district where the drug court program is located.

(B) (i) A drug court program may be preadjudication or postadjudication for an adult offender.

(ii) A juvenile drug court program or services may be used in a delinquency case or a family in need of services case pursuant to a diversion agreement under 9-27-323.

(iii) A juvenile drug court program or services may be used in a dependency-neglect case under 9-27-334.

(3) Notwithstanding the authorization described in subdivision (a)(1) of this section, no judge of a circuit court, drug court, or juvenile court may order any services or treatment under subsection (b) of this section or 16-98-305 unless:

(A) An administrative and programmatic appropriation has been made for those purposes;

(B) Administrative and programmatic funding is available for those purposes; and

(C) Administrative and programmatic positions have been authorized for those purposes.

(b) (1) A drug court program shall incorporate services from the Department of Community Correction, the Department of Human Services, and the Administrative Office of the Courts.

(2) Subject to an appropriation, funding, and position authorization, both programmatic and administrative, the Department of Community Correction shall:

(A) Provide positions for persons to serve as probation officers, drug counselors, and administrative assistants;

(B) Provide for drug testing for drug court program participants;

(C) Provide for intensive outpatient treatment for drug court program participants; and

(D) Provide for intensive short-term and long-term residential treatment for drug court program participants.

(3) Subject to an appropriation, funding, and position authorization, both programmatic and administrative, the Department of Human Services shall:

(A) Provide positions for persons to serve as drug counselors and administrative assistants in delinquency cases, dependency-neglect cases, and family in need of services cases;

(B) Provide for drug testing for drug court program participants in delinquency cases, dependency-neglect cases, and family in need of services cases;

(C) Provide for intensive outpatient treatment for drug court program participants in delinquency cases, dependency-neglect cases, and family in need of services cases;

(D) Provide for intensive short-term and long-term residential treatment for drug court program participants in delinquency cases, dependency-neglect cases, and family in need of services cases;

(E) Certify and license treatment providers and treatment facilities that serve drug court program participants;

(F) Provide and oversee residential beds for drug court programs;

(G) Oversee catchment area facilities for drug court programs;

(H) Act as a liaison between the courts and drug court program participants; and

(I) Oversee performance standards for residential and long-term facilities providing services to drug court programs.

(4) Subject to an appropriation, funding, and position authorization, both programmatic and administrative, the Administrative Office of the Courts shall:

(A) Provide state-level coordination and support for drug court judges and their programs;

(B) Administer funds for the maintenance and operation of local drug court programs;

(C) Provide training and education to drug court judges and other professionals involved in drug court programs; and

(D) Operate as a liaison between drug court judges and other state-level agencies providing services to drug court programs.

(c) (1) A drug court program shall not be available to any defendant who:

(A) Has a pending violent criminal charge against him or her;

(B) Has been convicted of a violent felony offense or adjudicated delinquent as a juvenile of a violent felony offense; or

(C) (i) Is required to register under the Sex Offender Registration Act of 1997, 12-12-901 et seq.

(ii) The exclusion under subdivision (c)(1)(C)(i) of this section shall not apply to the offense of prostitution, 5-70-102.

(2) Eligible offenses may be further restricted by the rules of a specific drug court program.

(3) Nothing in this subchapter shall require a drug court judge to consider or accept every offender with a treatable condition or addiction, regardless of the fact that the controlling offense is eligible for consideration in the program.

(4) Any defendant who is denied entry to a drug court program shall be prosecuted as provided by law.

(d) (1) Drug court programs may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems.

(2) A drug court team shall be designated by a circuit judge assigned to manage the drug court docket and may include a circuit judge, a prosecuting attorney, a public defender or private defense attorney, one (1) or more addiction counselors, one (1) or more probation officers, one (1) or more private treatment provider representatives, and any other individual or individuals determined necessary by the drug court judge.

(3) The administrative judge of the judicial district shall designate one (1) or more circuit judges to administer the drug court program.

(e) Each judicial district may develop a training and implementation manual for drug court programs with the assistance of the:

(1) Department of Human Services;

(2) Department of Education;

(3) Department of Career Education;

(4) Department of Community Correction; and

(5) Administrative Office of the Courts.

(f) A Division of Drug Court Programs is created within the Administrative Office of the Courts. The position of Drug Court Coordinator is created within the Division of Drug Court Programs, and the Drug Court Coordinator shall:

(1) Provide assistance, counsel, and advice to the Drug Court Advisory Committee;

(2) Serve as a coordinator between drug court judges, the Department of Community Correction, the Office of Alcohol and Drug Abuse Prevention, private treatment provider representatives, and public health advocates;

(3) Establish, manage, and maintain a uniform statewide drug court information system to track information and data on drug court program participants to be reviewed by the Drug Court Advisory Committee;

(4) Train and educate drug court judges and drug court staff in those judicial districts maintaining a drug court program;

(5) Provide staff assistance to the Arkansas Association of Drug Court Professionals;

(6) Oversee the disbursement of funds appropriated to the Administrative Office of the Courts for the maintenance and operation of local drug court programs based on a formula developed by the Administrative Office of the Courts and reviewed by the Drug Court Advisory Committee; and

(7) Develop guidelines to be reviewed by the Drug Court Advisory Committee to serve as a framework for developing effective local drug court programs and to provide a structure for conducting research and evaluation for drug court program accountability.

(g) (1) A drug court judge, on his or her own motion or upon a request from an offender, may order expungement and dismissal of a case if:

(A) The offender has successfully completed a drug court program, as determined by the drug court judge;

(B) The offender has received aftercare programming;

(C) The drug court judge has received a recommendation from the prosecuting attorney for expungement and dismissal of the case; and

(D) The drug court judge, after considering the offender's past criminal history, feels expungement and dismissal of the case is appropriate.

(2) (A) Except as provided in subdivision (g)(2)(B) of this section, if the offender has plead guilty or nolo contendere to or has been found guilty of an offense falling within a target group under 16-93-1202(10)(A)(i) in another Arkansas court, the drug court judge may order expungement and dismissal of the offense falling within a target group with the written concurrence of the other Arkansas court.

(B) The following offenses shall not be eligible for expungement under subdivision (g)(2)(A) of this section:

(i) Residential burglary, 5-39-201(a);

(ii) Commercial burglary, 5-39-201(b);

(iii) Breaking or entering, 5-39-202; and

(iv) The fourth and subsequent offense of driving while intoxicated, 5-65-103.

(3) Unless otherwise ordered by the drug court, expungement under this subsection shall be as described in 16-90-901 et seq.