Arkansas Code Title 16. Practice, Procedure, and Courts § 16-90-308. Contracts for reenactment--Proceeds

(a)(1) Any person referred to as the defendant in this section who has been convicted of or pleaded guilty or nolo contendere to any crime who contracts to benefit economically regarding the crime shall pay to the circuit court in which the charges for the crime were filed any money or thing of value contracted to be paid to the defendant or his or her spouse, heirs, assigns, and transferees.

(2) As used in subdivision (a)(1) of this section, “benefit economically” does not include reimbursement for travel or other expenses.

(3) The circuit court shall deposit the moneys into an escrow account for the benefit of and payable to any victim or his or her legal representative of crimes committed by the defendant.

(b)(1) Payments from the escrow account shall be made to the defendant upon an order of the judge of the circuit court wherein the charges were filed upon a showing that the money or thing of value shall be used for the exclusive purpose of retaining legal representation for the defendant at any stage of the criminal proceedings arising out of the criminal charge or to pay for already rendered legal representation and that the defendant would otherwise be unable to or has been unable to afford adequate legal representation.

(2) As used in subdivision (b)(1) of this section, “legal representation” includes costs of expert witnesses and testing of evidence.

(c)(1) Payments from the escrow account shall be used to satisfy any civil judgment rendered in favor of a victim or his or her legal representative which arose out of the circumstances upon which the defendant's conviction was based, but only if the victim brings a civil action to recover money against the defendant.

(2) If no victim or legal representative of a victim has filed suit within five (5) years from the filing of the charges, any money remaining shall be paid over to any state-supported victim reparation or assistance program.

(3) Upon the disposition of the criminal charges in favor of the defendant, money in the escrow account shall be paid over to the defendant.