Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                          Act 1048 of the Regular Session
 State of Arkansas        As Engrossed:       S4/6/21 H4/19/21 H4/21/21
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             SENATE BILL 353
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 By: Senator Irvin
 By: Representative Lundstrum
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                                   For An Act To Be Entitled
                 AN ACT ELIMINATING DEBTORS' PRISONS; TO ENCOURAGE THE
                 COLLECTION OF ALL OUTSTANDING RESTITUTION, FINES,
                 FEES, AND COURT COSTS; TO ENABLE INCARCERATED PERSONS
                 TO RESOLVE PENDING MISDEMEANOR OFFENSES COMMITTED
                 WITHIN THE STATE AND AVOID EXCESSIVE FINES, FEES, AND
                 COURT COSTS; TO CREATE A TASK FORCE; TO DECLARE AN
                 EMERGENCY; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO ENCOURAGE THE COLLECTION OF ALL
                         OUTSTANDING RESTITUTION, FINES, FEES, AND
                         COURT COSTS OWED BY INCARCERATED PERSONS;
                         TO CREATE A TASK FORCE; AND TO DECLARE AN
                         EMERGENCY.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1.       Arkansas Code Title 16, Chapter 90, is amended to add an
 additional subchapter to read as follows:
               Subchapter 15  Inmate Misdemeanor Offense Reconciliation
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         16-90-1501.       Legislative findings and intent.
         (a)   The General Assembly finds that:
                 (1)     Arkansas law requires offenders to pay legal financial
 obligations to the state, cities, and counties imposed by various courts and
 law enforcement agencies;
     *BPG302*                                                                    04-21-2021 10:55:24 BPG302
     As Engrossed:       S4/6/21 H4/19/21 H4/21/21                                 SB353
               (2)    Missed payments for fines and fees may lead to charges in
 court for failure to pay, failure to appear, and contempt, all of which
 result in additional fines and penalties; and
               (3)    It is in the state's interest to study the efficacy of
 streamlining the assessment and collection of financial obligations for
 incarcerated or formerly incarcerated individuals.
      (b)   The General Assembly intends to create a framework, consistent
 with Arkansas Constitution, Amendment 80, and the constitutional prerogatives
 of the state's prosecuting attorneys and judges, to enable persons who are
 incarcerated in the Department of Corrections to resolve all pending
 misdemeanor offenses committed within this state and assist in the
 identification of corresponding fines, fees, and costs resulting from those
 misdemeanor offenses.
      (c)   This subchapter does not limit a court's ability to impose a
 financial obligation against any person who has been convicted of an offense.
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      16-90-1502.       Compilation of pending misdemeanor offenses.
      (a)   A person who is incarcerated in the Department of Corrections may
 request of the department and shall be provided by the department a complete
 compilation of all outstanding arrest warrants, criminal summons, and pending
 misdemeanor cases for that person.
      (b)   The department shall provide information under subsection (a) of
 this section from information made available to the Arkansas Crime
 Information Center and the Administrative Office of the Courts.
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      16-90-1503.       Option to resolve pending misdemeanor matters.
      (a)   As used in this section, assistance means the Department of
 Corrections shall make available means of communication between a person, the
 prosecuting attorney, the court, local law enforcement agencies, and the
 person's attorney, if applicable, to help facilitate the entry of pleas
 remotely from the department, addressing outstanding misdemeanor arrest
 warrants, and, when required by the court, attendance at the court for the
 purposes of entry of pleas, hearings, or trials.
      (b)(1)     A person incarcerated in the department, with the assistance of
 the department, may petition a court for a quick resolution of a misdemeanor
 offense pending in the court.
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     As Engrossed:       S4/6/21 H4/19/21 H4/21/21                                SB353
               (2)    The person may also request to be served with any
 outstanding misdemeanor arrest warrant in order to begin the process of
 resolving the misdemeanor arrest warrant.
               (3)    Upon request to the court with jurisdiction over the
 outstanding misdemeanor offense, the court may require the misdemeanor arrest
 warrant to be served by the staff of the department.
      (c)     Local law enforcement agencies with jurisdiction over the
 outstanding misdemeanor offense shall also help facilitate transportation of
 the person to and from the department to the court when the court requires it
 for trial.
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      16-90-1504.       Remote pleading permitted.
      (a)     Subject to the rules of the judiciary and the local rules of the
 court, a person who has opted to resolve pending misdemeanor matters under
 this subchapter may still be permitted to enter remotely a plea of guilty or
 nolo contendere to any outstanding or pending misdemeanor charges from where
 he or she is incarcerated.
      (b)     A remote plea may be given only through a real-time medium with
 both an audio and visual feed.
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      16-90-1505.       Negotiated pleas to run concurrent.
      (a)     A negotiated plea entered into between the state and a person may
 be imposed using the procedures under  5-4-403.
      (b)(1)     The court is also encouraged to refrain from fining a person
 and instead sentence the person to a period of incarceration only.
               (2)    This subchapter does not limit a court's ability to impose a
 financial obligation against any person who has been convicted of an offense.
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      SECTION 2.       DO NOT CODIFY.   TEMPORARY LEGISLATION.
      (a)     There is created the Criminal Justice Task Force on Offender Court
 Costs and Collections.
      (b)     The purpose of the task force is to study the methods used to
 assess, collect, and record fines, fees, restitution, and other financial
 obligations of persons in the criminal justice system.
      (c)     The task force shall study the feasibility of notice to outside
 entities in the event that a person with financial obligations to a court
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     As Engrossed:       S4/6/21 H4/19/21 H4/21/21                                  SB353
 wins a lottery prize, sells property, or is being released from parole or
 probation early.
      (d)(1)     The task force shall be composed of the following members:
                       (A)   Two (2) citizen representatives to be appointed by the
 Governor;
                       (B)   Two (2) members of the Senate, one (1) member to be
 appointed by the President Pro Tempore of the Senate and one (1) member to be
 appointed by the Chair of the Senate Judiciary Committee;
                       (C)   Two (2) members of the House of Representatives, one
 (1) member to be appointed by the Speaker of the House of Representatives and
 one (1) member to be appointed by the Chair of the House Committee on
 Judiciary;
                       (D)   Two (2) members appointed by the Chief Justice of the
 Supreme Court, one (1) of whom is a circuit court judge and one (1) of whom
 is a district court judge;
                       (E)   Two (2) members to be appointed by the Secretary of
 the Department of Corrections;
                       (F)   One (1) member representing the Association of
 Arkansas Counties;
                       (G)   One (1) member to be appointed by the Director of the
 Administrative Office of the Courts;
                       (H)   One (1) member of the Board of Corrections to be
 appointed by the Chair of the Board of Corrections;
                       (I)   One (1) member representing the Arkansas Sheriffs'
 Association;
                       (J)   One (1) member representing the Office of the
 Prosecutor Coordinator; and
                       (K)   One (1) member to be appointed by the Director of the
 Arkansas Crime Information Center.
               (2)    If a vacancy occurs on the task force, the vacancy shall be
 filled by the same process as the original appointment.
      (e)(1)     The legislative members of the task force shall be paid per
 diem and mileage as authorized by law for attendance at meetings of interim
 committees of the General Assembly.
               (2)    Nonlegislative members of the task force shall not be
 compensated but may be reimbursed under  25-16-901 et seq. for expenses
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     As Engrossed:       S4/6/21 H4/19/21 H4/21/21                                     SB353
 actually incurred in the performance of their duties.
      (f)   The task force shall establish rules and procedures for conducting
 its business.
      (g)(1)     Ten (10) members of the task force shall constitute a quorum
 for transacting business of the task force.
               (2)    An affirmative vote of a majority of a quorum present shall
 be required for the passage of a motion or other task force action.
      (h)   The Department of Corrections shall provide staff, meeting space,
 and materials for the task force.
      (i)   The task force shall meet on or before July 15, 2021, at the call
 of the member appointed by the President Pro Tempore of the Senate, and
 organize itself by electing one (1) of its legislative members as chair and
 other officers as the task force may consider necessary.
      (j)   The task force shall prepare and submit a report of its findings
 to the Cochairs of the Legislative Council and the Chair of the House
 Committee on Judiciary and the Chair of the Senate Judiciary Committee.
      (k)   The report is due by October 31, 2022.
      (l)   The task force shall expire on December 31, 2022.
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      SECTION 3.       EMERGENCY CLAUSE.       It is found and determined by the
 General Assembly of the State of Arkansas that the Criminal Justice Task
 Force on Offender Court Costs and Collections has a large task ahead of it
 concerning the study it is required to conduct and the report it is required
 to complete.    Because of this, the task force needs to begin work in July of
 2021, before the normal effective date of this act.           Therefore, an emergency
 is declared to exist with regard to Section 2 of this act, and Section 2 of
 this act being immediately necessary for the preservation of the public
 peace, health, and safety shall become effective on:
               (1)    The date of its approval by the Governor;
               (2)    If the bill is neither approved nor vetoed by the Governor,
 the expiration of the period of time during which the Governor may veto the
 bill; or
               (3)    If the bill is vetoed by the Governor and the veto is
 overridden, the date the last house overrides the veto.
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     As Engrossed:   S4/6/21 H4/19/21 H4/21/21                               SB353
                                    /s/Irvin
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                                APPROVED: 4/29/21
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