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2017 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 4 - Disposition of Offenders
Subchapter 9 - Sentencing Alternative -- Pre-Adjudication Probation
§ 5-4-912. Collection of data -- Reporting requirement
Universal Citation: AR Code § 5-4-912 (2017)
- (a)
- (1) A pre-adjudication probation program shall collect and provide data on pre-adjudication probation program applicants and all participants as required by the Administrative Office of the Courts.
- (2) Data collected under subdivision (a)(1) of this section shall include:
- (A) The total number of applicants;
- (B) The total number of participants;
- (C) The total number of successful applicants;
- (D) The total number of successful participants;
- (E) The reason why each unsuccessful participant did not complete the pre-adjudication probation program;
- (F) Information about what happened to each unsuccessful participant;
- (G) The total number of participants who were arrested for a new criminal offense while in the pre-adjudication probation program;
- (H) The total number of participants who were convicted of a new criminal offense while in the pre-adjudication probation program;
- (I) The total number of participants who committed a violation of one (1) or more conditions of the pre-adjudication probation program and the resulting sanction;
- (J) The results of the initial risk-needs assessment review for each participant;
- (K) The race and gender of each applicant;
- (L) The race and gender of each participant;
- (M) The race and gender of each victim of an offense committed by the applicant;
- (N) The race and gender of each victim of an offense committed by the participant; and
- (O) Any other data or information as required by the Administrative Office of the Courts.
- (b) The data collected for evaluation purposes under subsection (a) of this section shall:
- (1) Include a minimum standard data set developed and specified by the Administrative Office of the Courts; and
- (2) Be maintained in the court files or be otherwise accessible by the courts and the Administrative Office of the Courts.
- (c)
- (1) After an individual is discharged either upon completion or termination of a pre-adjudication probation program, the pre-adjudication probation program as far as is practicable shall conduct follow-up contacts with and reviews of former pre-adjudication probation program participants for key outcome indicators of drug use, recidivism, and employment.
- (2)
- (A) The follow-up contacts with and reviews of former pre-adjudication probation program participants shall be conducted as frequently and for a period of time as determined by the Administrative Office of the Courts based upon the nature of the pre-adjudication probation program and the nature of the participants.
- (B) The follow-up contacts with and reviews of former pre-adjudication probation program participants are not extensions of the pre-adjudication probation program court's jurisdiction over the pre-adjudication probation program participants.
- (d) For purposes of standardized measurement of success of pre-adjudication probation programs across the state, the Administrative Office of the Courts in consultation with other state agencies shall adopt an operational definition of terms to be used in any evaluation and report of pre-adjudication probation programs such as:
- (1) "Incentives given";
- (2) "Recidivism";
- (3) "Retention";
- (4) "Relapses";
- (5) "Restarts"; and
- (6) "Sanctions imposed".
- (e) Each pre-adjudication probation program shall provide all information requested by the Administrative Office of the Courts.
- (f) The Administrative Office of the Courts, the Department of Community Correction, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, and the Arkansas Crime Information Center shall work together to share and make available data to provide a comprehensive data management system for the state's pre-adjudication probation programs.
- (g) (1) The Administrative Office of the Courts shall:
- (A) Develop a statewide evaluation model for pre-adjudication probation programs; and
- (B) Conduct ongoing evaluations of the effectiveness and efficiency of all pre-adjudication probation programs.
- (2) The Administrative Office of the Courts shall submit to the General Assembly by July 1 of each year a report of the evaluations under subdivision (g)(1) of this section.
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