Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1754
4
5 By: Representative G. Hodges
6
7 For An Act To Be Entitled
8 AN ACT TO AMEND ARKANSAS LAW CONCERNING CERTAIN FEES,
9 EXPENSES, AND COSTS IMPOSED ON A JUVENILE OR THE
10 PARENT, GUARDIAN, OR CUSTODIAN OF A JUVENILE; AND FOR
11 OTHER PURPOSES.
12
13
14 Subtitle
15 TO AMEND ARKANSAS LAW CONCERNING CERTAIN
16 FEES, EXPENSES, AND COSTS IMPOSED ON A
17 JUVENILE OR THE PARENT, GUARDIAN, OR
18 CUSTODIAN OF A JUVENILE.
19
20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
23 SECTION 1. Arkansas Code § 6-18-222(a)(5)(A), concerning the penalty
24 for unexcused absences and the revocation of driving privileges, is amended
25 to read as follows:
26 (5)(A) When a student exceeds the number of unexcused absences
27 provided for in the district's or the Career Education and Workforce
28 Development Board's student attendance policy, or when a student has violated
29 the conditions of an agreement granting special arrangements under
30 subdivision (a)(4)(D) of this section, the school district or the adult
31 education program shall notify the prosecuting authority and the community
32 truancy board, if a community truancy board has been created, and the
33 student's parent, guardian, or person in loco parentis shall be subject to a
34 civil penalty through a family in need of services action in circuit court,
35 as authorized under subdivision (a)(6)(A) of this section, but not to exceed
36 five hundred dollars ($500) plus costs of court and any reasonable fees
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1 assessed by the court.
2
3 SECTION 2. DO NOT CODIFY. Arkansas Code Title 9, Chapter 27, is
4 renamed "Proceedings Involving Juveniles".
5
6 SECTION 3. Arkansas Code § 9-27-303(33), concerning the definition of
7 "juvenile" as applicable to the Arkansas Juvenile Code of 1989, is amended to
8 read as follows:
9 (33) “Juvenile” means an individual who is:
10 (A) From birth to eighteen (18) years of age, whether
11 married or single; or
12 (B) Adjudicated delinquent, a juvenile member of a family
13 in need of services, or dependent or dependent-neglected by the juvenile
14 division of circuit court prior to before reaching eighteen (18) years of age
15 and for whom the juvenile division of circuit court retains jurisdiction; or
16 (C) Both of the following:
17 (i) Under eighteen (18) years of age; and
18 (ii) Under the jurisdiction of the criminal division
19 of circuit court or under the jurisdiction of the juvenile division of
20 circuit court under this subchapter;
21
22 SECTION 4. Arkansas Code § 9-27-316(b), concerning the right to
23 counsel under the Arkansas Juvenile Code of 1989, is amended to read as
24 follows:
25 (b)(1)(A)(i) The inquiry concerning the ability of the juvenile to
26 retain counsel shall include a consideration of the juvenile's financial
27 resources and the financial resources of his or her family There is a
28 rebuttable presumption that juveniles are indigent for the purposes of
29 appointing counsel.
30 (ii) If the court appoints counsel to represent the
31 juvenile, the appointment shall be made at no cost to the juvenile or the
32 parent, guardian, or custodian of the juvenile.
33 (B) However, the The failure of the juvenile's family to
34 retain counsel for the juvenile shall not deprive the juvenile of the right
35 to appointed court-appointed counsel if required under this section.
36 (2) After review by the court of an affidavit of financial means
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1 completed and verified by the parent of the juvenile and a determination by
2 the court that the parent or juvenile has the ability to pay, the The court
3 may shall not order financially able juveniles, parents, guardians, or
4 custodians a juvenile or the parent, guardian, or custodian of a juvenile to
5 pay all or part of reasonable attorney's fees and expenses for representation
6 of a the juvenile.
7 (3) All moneys collected by the circuit clerk under this
8 subsection shall be retained by the clerk and deposited into a special fund
9 to be known as the “juvenile representation fund” The court shall not order a
10 juvenile or the parent, guardian, or custodian of a juvenile to pay a fee
11 related to the cost of providing the juvenile with counsel.
12 (4) The court may direct that money from this fund be used in
13 providing counsel for juveniles under this section in delinquency or family-
14 in-need-of-services cases and indigent parents or guardians in dependency-
15 neglect cases as provided by subsection (h) of this section.
16 (5) Any money remaining in the fund at the end of the fiscal
17 year shall not revert to any other fund but shall carry over into the next
18 fiscal year in the juvenile representation fund.
19
20 SECTION 5. Arkansas Code § 9-27-323 is amended to read as follows:
21 9-27-323. Diversion — Conditions — Agreement — Completion — Definition.
22 (a) If the prosecuting attorney, after consultation with the intake
23 officer, determines that a diversion of a delinquency case is in the best
24 interests of the juvenile and the community, the officer with the consent of
25 the juvenile and his or her parent, guardian, or custodian may attempt to
26 make a satisfactory diversion of a case.
27 (b) If the intake officer determines that a diversion of a family in
28 need of services case is in the best interest of the juvenile and the
29 community, the officer with the consent of the petitioner, juvenile, and his
30 or her parent, guardian, or custodian may attempt to make a satisfactory
31 diversion of a case.
32 (c) In addition to the requirements of subsections (a) and (b) of this
33 section, a diversion of a case is subject to the following conditions:
34 (1) The juvenile has admitted his or her involvement in:
35 (A) A delinquent act for a delinquency diversion; or
36 (B) A family in need of services act for a family in need
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1 of services diversion;
2 (2) The intake officer advises the juvenile and his or her
3 parent, guardian, or custodian that they have the right to refuse a diversion
4 of the case and demand the filing of a petition and a formal adjudication;
5 (3) Any diversion agreement is entered into voluntarily and
6 intelligently by the juvenile with the advice of his or her attorney or by
7 the juvenile with the consent of a parent, guardian, or custodian if the
8 juvenile is not represented by counsel;
9 (4) The diversion agreement provides for the supervision of a
10 juvenile or the referral of the juvenile to a public or private agency for
11 services not to exceed six (6) months;
12 (5) All other terms of a diversion agreement do not exceed nine
13 (9) months; and
14 (6) The juvenile and his or her parent, guardian, or custodian
15 shall have the right to terminate the diversion agreement at any time and to
16 request the filing of a petition and a formal adjudication.
17 (d)(1) The terms of the diversion agreement shall:
18 (A) Be in writing in simple, ordinary, and understandable
19 language;
20 (B) State that the agreement was entered into voluntarily
21 by the juvenile;
22 (C) Name the attorney or other person who advised the
23 juvenile upon the juvenile's entering into the agreement; and
24 (D) Be signed by all parties to the agreement and by the
25 prosecuting attorney if it is a delinquency case and the offense would
26 constitute a felony if committed by an adult or a family in need of services
27 case pursuant to § 6-18-222.
28 (2) A At no cost to the juvenile or the parent, guardian, or
29 custodian of the juvenile, a copy of the diversion agreement shall be given
30 to the juvenile, the counsel for the juvenile, the parent, guardian, or
31 custodian of the juvenile, and the intake officer, who shall retain the copy
32 of the diversion agreement in the case file.
33 (e) Diversion agreements shall be:
34 (1) Implemented by all juvenile courts based on validated
35 assessment tools; and
36 (2) Used to provide for:
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1 (A) Nonjudicial probation under the supervision of the
2 intake officer or probation officer for a period during which the juvenile
3 may be required to comply with specified conditions concerning his or her
4 conduct and activities;
5 (B) Participation in a court-approved program of
6 education, counseling, or treatment;
7 (C) Participation in a court-approved teen court;
8 (D) Participation in a juvenile drug court program;
9 (E) Enrollment in the Regional Educational Career
10 Alternative School System for Adjudicated Youth; and
11 (F)(i) Payment of restitution to the victim.
12 (ii) Payments of restitution under subdivision
13 (e)(2)(F)(i) of this section shall be paid under § 16-13-326.
14 (f)(1) If a diversion of a complaint has been made, a petition based
15 upon the events out of which the original complaint arose may be filed:
16 (A) At no cost to the juvenile or the parent, guardian, or
17 custodian of the juvenile; and
18 (B) only Only during the period for which the agreement
19 was entered into.
20 (2) If a petition is filed within this period, the juvenile's
21 compliance with all proper and reasonable terms of the agreement shall be
22 grounds for dismissal of the petition by the court.
23 (g) The diversion agreement may be terminated, and the prosecuting
24 attorney in a delinquency case or the petitioner in a family in need of
25 services case may file a petition, at no cost to the juvenile or the parent,
26 guardian, or custodian of the juvenile, if at any time during the agreement
27 period:
28 (1) The juvenile or his or her parent, guardian, or custodian
29 declines to further participate in the diversion process;
30 (2) The juvenile fails, without reasonable excuse, to attend a
31 scheduled conference;
32 (3) The juvenile appears unable or unwilling to benefit from the
33 diversion process; or
34 (4) The intake officer becomes apprised of new or additional
35 information that indicates that further efforts at diversion would not be in
36 the best interests of the juvenile or society.
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1 (h) Upon the satisfactory completion of the diversion period:
2 (1) The juvenile shall be dismissed without further proceedings;
3 (2) The intake officer shall furnish written notice of the
4 dismissal to the juvenile and his or her parent, guardian, or custodian; and
5 (3) The complaint and the diversion agreement, and all
6 references thereto to the complaint and the diversion agreement, may be
7 expunged by the court from the juvenile's file at no cost to the juvenile or
8 the parent, guardian, or custodian of the juvenile.
9 (i)(1) A juvenile intake or probation officer may charge a diversion
10 fee only after review of an affidavit of financial means and a determination
11 of the juvenile's or the juvenile's parent's, guardian's, or custodian's
12 ability to pay the fee juvenile or the parent, guardian, or custodian of a
13 juvenile shall not be charged a diversion fee.
14 (2) The diversion fee shall not exceed twenty dollars ($20.00)
15 per month to the juvenile division of circuit court.
16 (3) The court may direct that the fees be collected by the
17 juvenile officer, sheriff, or court clerk for the county in which the fees
18 are charged.
19 (4) The officer designated by the court to collect diversion
20 fees shall maintain receipts and account for all incoming fees and shall
21 deposit the fees at least weekly into the county treasury of the county where
22 the fees are collected and in which diversion services are provided.
23 (5) The diversion fees shall be deposited into the account with
24 the juvenile service fees under § 16-13-326.
25 (j)(1) In judicial districts having more than one (1) county, the
26 judge may designate the treasurer of one (1) of the counties in the district
27 as the depository of all juvenile fees collected in the district.
28 (2) The treasurer so designated by the court shall maintain a
29 separate account of the juvenile fees collected and expended in each county
30 in the district.
31 (3) Money remaining at the end of the fiscal year shall not
32 revert to any other fund but shall carry over to the next fiscal year.
33 (4) The funds derived from the collection of diversion fees
34 shall be used by agreement of the judge or judges of the circuit court
35 designated to hear juvenile cases in their district plan pursuant to Supreme
36 Court Administrative Order No. 14, originally issued April 6, 2001, and the
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1 quorum court of the county to provide services and supplies to juveniles at
2 the discretion of the juvenile division of circuit court.
3 (k)(1)(j)(1) The Department of Human Services shall develop a
4 statewide referral protocol for helping to coordinate the delivery of
5 services to sexually exploited children.
6 (2) As used in this section, “sexually exploited child” means a
7 person less than eighteen (18) years of age who has been subject to sexual
8 exploitation because the person:
9 (A) Is a victim of trafficking of persons under § 5-18-
10 103;
11 (B) Is a victim of child sex trafficking under 18 U.S.C. §
12 1591, as it existed on January 1, 2013; or
13 (C) Engages in an act of prostitution under § 5-70-102 or
14 sexual solicitation under § 5-70-103.
15 (k) The diversion of a case under this section shall be implemented
16 and administered at no cost to the juvenile or the parent, guardian, or
17 custodian of the juvenile.
18
19 SECTION 6. Arkansas Code § 9-27-330(a), concerning juveniles found to
20 be delinquent, is amended to read as follows:
21 (a) If a juvenile is found to be delinquent, the circuit court may
22 enter an order making any of the following dispositions based upon the best
23 interest of the juvenile:
24 (1)(A) Transfer legal custody of the juvenile to any licensed
25 agency responsible for the care of delinquent juveniles or to a relative or
26 other individual.
27 (B)(i) Commit the juvenile to the Division of Youth
28 Services using the validated risk assessment system for Arkansas juvenile
29 offenders selected by the Juvenile Judges Committee of the Arkansas Judicial
30 Council with the division and distributed and administered by the
31 Administrative Office of the Courts.
32 (ii)(a) The validated risk assessment system
33 selected by the Juvenile Judges Committee of the Arkansas Judicial Council
34 with the division shall be:
35 (1) The only validated risk assessment
36 used by courts for commitment;
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1 (2) Used throughout the state; and
2 (3) Applied to all commitment decisions
3 for all juvenile offenders.
4 (b) The validated risk assessment may be
5 changed to another validated risk assessment system by the Juvenile Judges
6 Committee of the Arkansas Judicial Council