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Arkansas Code Title 16. Practice, Procedure, and Courts § 16-102-102. Administration

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) A DWI/BWI specialty court program may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial system.

(b) Each DWI/BWI specialty court shall develop a policy and procedure manual for the DWI/BWI specialty court program.

(c) The DWI/BWI specialty court program shall offer judicial monitoring with intensive substance use disorder treatment and strict supervision of high-risk, high-need defendants, as determined by a validated risk-needs assessment tool, in cases of driving or boating while intoxicated, § 5-65-103.

(d)(1) The DWI/BWI specialty court shall have jurisdiction of a DWI/BWI specialty court program participant for sixteen (16) months from the date of sentencing to complete the DWI/BWI specialty court program in conformance with the standards adopted by the United States Department of Justice and recommended by the National Center for DWI Courts, as they existed on January 1, 2021.

(2) In order for the DWI/BWI specialty court program participant to complete the DWI/BWI specialty court program and upon finding of good cause, the DWI/BWI specialty court may extend jurisdiction of the DWI/BWI specialty court program participant for an additional two (2) months.

(e)(1) A DWI/BWI specialty court program team shall be designated by the DWI/BWI specialty court judge to manage the DWI/BWI specialty court program docket.

(2) DWI/BWI specialty court program team members shall include:

(A) A district judge;

(B) A prosecuting attorney or city attorney;

(C) A public defender or private defense attorney;

(D) One (1) or more probation officers;

(E) One (1) or more treatment providers with experience in the fields of mental health or substance use disorders, or both;

(F) One (1) or more local law enforcement agency representatives; and

(G) Any other individuals determined necessary by the DWI/BWI specialty court program judge.

(f) A person is eligible for participation in a DWI/BWI specialty court program if:

(1) The person has a substance use disorder;

(2) The person is eighteen (18) years of age or older;

(3) The person has pled guilty or nolo contendere or has been found guilty of the offense of driving or boating while intoxicated, § 5-65-103, and is awaiting sentencing for the offense; and

(4) The person agrees to comply with the policies and procedures developed by the DWI/BWI specialty court program.

(g) Subject to § 5-65-108, probation and any other services ordered by the DWI/BWI specialty court shall be ordered after the person pleads guilty or nolo contendere to driving or boating while intoxicated, § 5-65-103.

(h) A DWI/BWI specialty court shall not reduce or dismiss a charge or conviction of driving or boating while intoxicated, § 5-65-103, as provided under § 5-65-107.

(i) If a DWI/BWI specialty court utilizes a case management system that allows for the collection and processing of data, the DWI/BWI specialty court shall collect and provide monthly data on DWI/BWI specialty court program applicants and all DWI/BWI specialty court program participants as required by the Specialty Court Program Advisory Committee in accordance with rules promulgated under § 10-3-2901.

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Cite this article: FindLaw.com - Arkansas Code Title 16. Practice, Procedure, and Courts § 16-102-102. Administration - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-102-102/

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