Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas
 94th General Assembly                         A Bill
 Regular Session, 2023                                                              SENATE BILL 590
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 By: Senator C. Tucker
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                                    For An Act To Be Entitled
                 AN ACT TO AMEND THE LAW CONCERNING COURT INSTALLMENT
                 FEES; AND FOR OTHER PURPOSES.
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                                                Subtitle
                         TO AMEND THE LAW CONCERNING COURT
                         INSTALLMENT FEES.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1.       DO NOT CODIFY.       Legislative purpose and intent.
         (a)    The General Assembly finds that:
                 (1)     The current system of funding the state judicial system has
 a disproportionate impact on the lower income citizens of the state; and
                 (2)     The current system of funding the Judicial Fine Collection
 Enhancement Fund and court automation funds utilized by the circuit and
 district courts of this state has created inequity in the level of judicial
 services available to the citizens of the state.
         (b)    It is the intent of the General Assembly to:
                 (1)     Eliminate the collection and assessment of the installment
 payment fee currently funding:
                         (A)    The Judicial Fine Collection Enhancement Fund;
                         (B)    The circuit court automation funds;
                         (C)    The district court automation funds; and
                         (D)    A portion of the State Administration of Justice Fund;
 and
                 (2)     Fund the cost of the judicial system from other sources as
 determined by the General Assembly.
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      SECTION 2.        Arkansas Code § 16-13-704 is amended to read as follows:
      16-13-704. Installment payments — Definition.
      (a)(1)     If the court concludes that the defendant has the ability to
 pay the fine, but that requiring the defendant to make immediate payment in
 full would cause a severe and undue hardship for the defendant and the
 defendant's dependents, the court may authorize payment of the fine by means
 of installment payments in accordance with this subchapter.
               (2)(A)     When a court authorizes payment of a fine by means of
 installment payments, it shall issue, without a separate disclosure hearing,
 an order that the fine be paid in full by a date certain and that in default
 of payment, the defendant must appear in court to explain the failure to pay.
                        (B)   In fixing the date of payment, the court shall issue
 an order which will complete payment of the fine as promptly as possible
 without creating a severe and undue hardship for the defendant and the
 defendant's dependents.
               (3)   When a person is authorized to pay a fine on an installment
 basis, any court cost assessed under § 9-15-202(d) or § 16-10-305(h) shall be
 collected from the initial installment payment first.
               (4)   As used in this section, “ability to pay” means that the
 resources of the defendant, including all available income and other
 resources, are sufficient to pay the fine and provide the defendant and his
 or her dependents with a reasonable subsistence compatible with health and
 decency.
      (b)(1)(A) In        addition to the fine and any other assessments authorized
 by this subchapter, an installment fee of five dollars ($5.00) per month
 shall be assessed on each person who is authorized to pay a fine on an
 installment basis.
                        (B)   This fee shall be collected in full each month in
 which a defendant makes an installment payment.
                        (C)   This fee shall accrue each month that a defendant does
 not make an installment payment and the fine has not been paid in full.          As
 of December 31, 2023, funds held in circuit court automation funds shall be
 used solely for:
                        (A)   Court-related technology and technology-related
 supplies;
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                        (B)   Court-related security;
                        (C)   Enhancement of judicial office facilities and
 courtrooms;
                        (D)   Judicial education for judges and court personnel;
                        (E)   Court-related digital audio recording equipment; and
                        (F)   Other expenditures related to the administration of
 justice.
               (2)(A)(i)      One-half (½) of the installment fee collected in
 circuit court shall be remitted by the tenth day of each month to the
 Administration of Justice Funds Section of the Office of Administrative
 Services of the Department of Finance and Administration, on a form provided
 by that office, for deposit into the Judicial Fine Collection Enhancement
 Fund established by § 16-13-712.
                                 (ii)   The other half of the installment fee shall be
 remitted by the tenth day of each month to the county treasurer to be
 deposited into a fund entitled the “circuit court automation fund” to be used
 solely for circuit court-related technology.
                        (B)(i)     Expenditures from the circuit court automation fund
 shall be approved by the administrative circuit judge of each judicial
 circuit and shall be authorized and paid under the state laws governing the
 appropriation and payment of county expenditures.
                                 (ii)   Expenditures may be made for indirect expenses
 related to implementation of new court-related technology, including overtime
 pay, personnel or travel expenses, and technology-related supplies.
               (iii)(3)       Funds in each county in a judicial district may be
 pooled for expenditure pursuant to a circuit-wide technology plan approved by
 the administrative circuit judge.
               (3)(A)     One-half (½) of the installment fee collected in district
 court shall be remitted by the tenth day of each month to the Administration
 of Justice Funds Section, on a form provided by that section, for deposit
 into the Judicial Fine Collection Enhancement Fund established by § 16-13-
 712.
                        (B)   The other half of the installment fee collected in
 district court shall be remitted by the tenth day of each month to the city
 treasurer of the city in which the district court is located to be deposited
 into a fund entitled the “district court automation fund” to be used solely
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 for district court-related technology.
                     (C)   In any district court which is funded solely by the
 county, the other half of this fee shall be remitted by the tenth day of each
 month to the county treasurer of the county in which the district court is
 located to be deposited into the district court automation fund to be used
 solely for district court-related technology.
               (4)   An administrative circuit judge may approve expenditures
 from the circuit court automation fund in any amount not to exceed the
 balance in the circuit court automation fund.
      (c)(1)     As of December 31, 2023, funds held in district court
 automation funds shall be used solely for:
                     (A)   Court-related technology and technology-related
 supplies;
                     (B)   Court-related security;
                     (C)   Enhancement of judicial office facilities and
 courtrooms;
                     (D)   Judicial education for judges and court personnel;
                     (E)   Court-related digital audio recording equipment; and
                     (F)   Other expenditures related to the administration of
 justice.
               (D)(i)(2)   Expenditures from the district court automation fund
 shall be approved by a district judge and shall be authorized and paid under
 state laws governing the appropriation and payment of county or municipal
 expenditures by the governing body or, if applicable, governing bodies, that
 contribute to the expenses of a district court.
                            (ii) Expenditures may be made for indirect expenses
 related to implementation of new court-related technology, including overtime
 pay, personnel or travel expenses, and technology-related supplies.
               (3)   Funds of each municipality and county in a judicial district
 may be pooled for expenditure pursuant to a district-wide technology plan
 approved by the district judge.
               (4)   A district judge may approve expenditures from the district
 court automation fund in any amount not to exceed the balance in the district
 court automation fund.
                     (E)(i)(d)   In circuit court only, an installment a
 designated collector fee of an additional five dollars ($5.00) per month
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 shall also be assessed on the first day of each month on each person who is
 ordered to pay a fine on an installment basis with the additional five
 dollars ($5.00) to be remitted to the collecting official to be used to
 defray the cost of fine collection.
                           (ii) In district court only, an installment fee of an
 additional five dollars ($5.00) per month shall also be assessed on the first
 day of each month on each person who is ordered to pay a fine on an
 installment basis with the additional five dollars ($5.00) to be remitted by
 the tenth day of each month to the Administration of Justice Funds Section on
 a form provided by that section for deposit into the State Administration of
 Justice Fund.
      (c)(e)     Any defendant who has been authorized by the court to pay a
 fine by installments shall be considered to have irrevocably appointed the
 clerk of the court as his or her agent upon whom all papers affecting his or
 her liability may be served, and the clerk shall forthwith notify the
 defendant thereof by ordinary mail at his or her last known address.
      (d)   “Ability to pay” means that the resources of the defendant,
 including all available income and resources, are sufficient to pay the fine
 and provide the defendant and his or her dependents with a reasonable
 subsistence compatible with health and decency.
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      SECTION 3.      Arkansas Code Title 16, Chapter 13, Subchapter 7, is
 amended to add additional sections to read as follows:
      16-13-713.      Elimination of installment fee.
      (a)   Except as otherwise provided in this section, beginning January 1,
 2024, the assessment and collection of an installment fee is prohibited.
      (b)   In district court, the collection of an installment fee assessed
 before December 31, 2023, is prohibited.
      (c)(1)     In circuit court, an installment fee that is uncollected as of
 December 31, 2023, shall be reduced by fifty percent (50%).
               (2)   An installment fee collected under subdivision (c)(1) of
 this section may be collected and remitted to the collecting official to be
 used to defray the costs of collection.
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      16-13-714.      Administration of Arkansas Judicial Innovation Fund –
 Circuit courts and district courts.
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         (a)   The Director of the Administrative Office of the Courts may
 administer funds in the Arkansas Judicial Innovation Fund appropriated for
 use by the circuit courts and district courts.
         (b)   Payments from the Arkansas Judicial Innovation Fund shall be paid
 from funds appropriated for that purpose to the Administrative Office of the
 Courts.
         (c)(1)     On or before August 1 of each year, the Administrative Office
 of the Courts shall notify all circuit judges and district judges of the
 amount of his or her share of the funds in the Arkansas Judicial Innovation
 Fund.
                  (2)   The proportional share of each circuit judge shall be equal
 to one-third (1/3) of the total amount appropriated divided by the total
 number of circuit judges.
                  (3)   The proportional share of each district judge shall be equal
 to two-thirds (2/3) of the amount appropriated divided by the total number of
 district judges.
         (d)   Upon request, the Administrative Office of the Courts shall
 distribute funds in the Arkansas Judicial Innovation Fund to the district
 court judicial innovation fund or circuit court judicial innovation fund in
 the cities or counties designated by the requesting judge.
         (e)   Any funds remaining on January 1 of each year shall be retained by
 the office and may be distributed as supplemental funding for other state or
 local expenditures related to the administration of justice.
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         16-13-715.      Arkansas Judicial Innovation Fund Program   – Circuit courts
 and district courts.
         (a)(1)     There is created a circuit court judicial innovation fund for
 each judicial circuit in the state.
                  (2)   Funds held in a circuit court judicial innovation fund shall
 be used solely for:
                        (A)   Court-related technology and technology-related
 supplies;
                        (B)   Court-related security;
                        (C)   Enhancement of judicial office facilities and
 courtrooms;
                        (D)   Judicial education for judges and court personnel;
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                     (E)   Court-related digital audio recording equipment; and
                     (F)   Other expenditures related to the administration of
 justice.
               (3)   Expenditures from a circuit court judicial innovation fund
 shall be approved by the circuit judge and shall be authorized and paid under
 the state laws governing the appropriation and payment of county
 expenditures.
               (4)   Funds in each county in a judicial district may be pooled
 for expenditure pursuant to a circuit-wide technology plan.
               (5)   A circuit judge may approve expenditures from the circuit
 court judicial innovation fund in any amount not to exceed the balance in the
 circuit court judicial innovation fund.
      (b)(1)     There is created a district court judicial innovation fund for
 each district court judicial district in the state.
               (2)   Funds held in a district court judicial innovation fund
 shall be used solely for:
                     (A)   Court-related technology and technology-related
 supplies;
                     (B)   Court-related security;
                     (C)   Enhancement of judicial office facilities and
 courtrooms;
                     (D)   Judicial education for judges and court personnel;
                     (E)   Court-related digital audio recording equipment; and
                     (F)   Other expenditures related to the administration of
 justice.
               (3)   Expenditures from a district court judicial innovation fund
 shall be approved by the district judge and shall be authorized and paid
 under state laws governing the appropriation and payment of county or
 municipal expenditures by the governing body or, if applicable, governing
 bodies, that contribute to the expenses of a district court.
               (4)   Funds in each municipality and county in a judicial district
 may be pooled for expenditure pursuant to a district-wide technology plan
 approved by the district judge.
               (5)   A district judge may approve expenditures from the district
 court judicial innovation fund in any amount not to exceed the balance in the
 district court judicial innovation fund.
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      SECTION 4.   Arkansas Code Title 19, Chapter 5, Subchapter 12, is
 amended to add an additional section to read as follows:
      19-5-1277.   Arkansas Judicial Innovation Fund – State.
      (a)   There is established on the books of the Treasurer of State, the
 Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous
 fund to be known as the “Arkansas Judicial Innovation Fund”.
      (b)   The fund shall consist of funds appropriated by the General
 A