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Fines and Fees

	State	Statute	Description/Statute Name	Statutory language	Amount	Level of offense	Mandatory	Imposed by	Delegation of authority
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-201	Fines - Limitations on Amount	(a) A defendant convicted of a felony may be sentenced to pay a fine: (1) Not exceeding fifteen thousand dollars ($15,000) if the conviction is of a Class A felony or + See more Class B felony;	$0 - $15000	Felony	No	Court	N/A
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-201	Fines - Limitations on Amount	(a) A defendant convicted of a felony may be sentenced to pay a fine: (2) Not exceeding ten thousand dollars ($10,000) if the conviction is of a Class C felony or + See more Class D felony;	$0 - $10000	Felony	No	Court	N/A
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-201	Fines - Limitations on Amount	(b) A defendant convicted of a misdemeanor may be sentenced to pay a fine: (1) Not exceeding two thousand five hundred dollars ($2,500) if the conviction is of a Class A + See more misdemeanor;	$0 - $2500	Misdemeanor	No	Court	N/A
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-201	Fines - Limitations on Amount	(b) A defendant convicted of a misdemeanor may be sentenced to pay a fine: (2) Not exceeding one thousand dollars ($1,000) if the conviction is of a Class B misdemeanor	$0 - $1000	Misdemeanor	No	Court	N/A
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-201	Fines - Limitations on Amount	(b) A defendant convicted of a misdemeanor may be sentenced to pay a fine: ( 3) Not exceeding five hundred dollars ($500) if the conviction is of a Class C misdemeanor	$0 - $500	Misdemeanor	No	Court	N/A
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-201	Fines - Limitations on Amount	(d) (1) Notwithstanding a limit imposed by this section, if the defendant has derived pecuniary gain from commission of an offense, then upon conviction of the offense the defendant + See more may be sentenced to pay a fine not exceeding two (2) times the amount of the pecuniary gain. (2) As used in this subsection, "pecuniary gain" means the amount of money or the value of property derived from the commission of the offense, less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to a lawful authority prior to the time sentence is imposed.	Fine is up to 2x the amount of pecuniary gain derived from the offense.	All	No	Court	N/A
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-201	Fines - Limitations on Amount	(e) An organization convicted of an offense may be sentenced to pay a fine authorized by subsection (d) of this section or not exceeding two (2) times the maximum fine otherwise + See more authorized upon conviction of the offense by subsection (a), (b), or (c) of this section.	Organizations may pay up to 2x the fine authorized for a felony, or misdemeanor, or up to 2x the pecuniary gain + See more derived from the offense.	All	No	Court	N/A
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-201	Fines - Limitations on Amount	(f) (1) Notwithstanding a limit imposed by this section or the section defining the felony offense, if a defendant has derived pecuniary gain from the commission of a felony offense under § + See more 5-68-201 et seq., § 5-68-301 et seq., the Arkansas Law on Obscenity, § 5-68-401 et seq., or § 5-68-501 et seq., then upon conviction of the felony offense, the defendant may be sentenced to pay a fine not exceeding two hundred fifty thousand dollars ($250,000). (2) As used in this subsection, "derived pecuniary gain" means that a defendant received income, benefit, property, money, or anything of value from the commission of a felony offense under § 5-68-201 et seq., § 5-68-301 et seq., the Arkansas Law on Obscenity, § 5-68-401 et seq., or § 5-68-501 et seq.	$0 - $250000 High fine in the case of gain from felony obscenity conviction. + See more	Felony	No	Court	N/A
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-205	Restitution	(a) (1) A defendant who is found guilty or who enters a plea of guilty or nolo contendere to an offense may be ordered to pay restitution. (b) (1) Whether a + See more trial court or a jury, the sentencing authority shall make a determination of actual economic loss caused to a victim by the offense. (2) When an offense has resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant: (A) Pay the cost of a necessary medical or related professional service or device relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing; (B) Pay the cost of necessary physical and occupational therapy and rehabilitation; (C) (i) Reimburse the victim for income lost by the victim as a result of the offense. (ii) The maximum that a victim may recover for lost income is fifty thousand dollars ($50,000); and (D) Pay an amount equal to the cost of a necessary funeral and related services in the case of an offense that resulted in bodily injury that also resulted in the death of a victim. (3) When an offense has not resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant reimburse the victim for income lost by the victim as a result of the offense. (4) (A) The determination of the amount of loss is a factual question to be decided by the preponderance of the evidence presented to the sentencing authority during the sentencing phase of a trial. (B) The amount of loss may be decided by agreement between a defendant and the victim represented by the prosecuting attorney. (5) If any item listed in subdivision (b)(2) of this section has been paid by the Crime Victims Reparations Board and the court orders restitution, the restitution order shall provide that the board is to be reimbursed by the defendant. (c) (1) As used in this section and in any provision of law relating to restitution, "victim" means any person, partnership, corporation, or governmental entity or agency that suffers property damage or loss, monetary expense, or physical injury or death as a direct or indirect result of the defendant's offense or criminal episode. (2) "Victim" includes a victim's estate if the victim is deceased and a victim's next of kin if the victim is deceased as a result of the offense. (d) A record of a defendant shall not be sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., until all court-ordered restitution has been paid. (e) (1) Restitution shall be made immediately unless prior to the imposition of sentence the court determines that the defendant should be: (A) Given a specified time to pay; or (B) (i) Allowed to pay in specified installments. (ii) If a court authorizes payment of restitution by a defendant in specified installments, a monthly installment fee of five dollars ($5.00) shall be assessed on the defendant for making restitution payments on an installment basis in addition to the restitution and other assessments authorized. (iii) The monthly installment fee under subdivision (e)(1)(B)(ii) of this section shall be remitted to the collecting official to be used to defray the cost of restitution collection. (iv) [Repealed.] (2) In determining the method of payment, the court shall take into account: (A) The financial resources of the defendant and the burden that payment of restitution will impose with regard to another obligation of the defendant; (B) The ability of the defendant to pay restitution on an installment basis or on another condition to be fixed by the court; and (C) The rehabilitative effect on the defendant of the payment of restitution and the method of payment. (f) (1) If the defendant is placed on probation or any form of conditional release, any restitution ordered under this section is a condition of the suspended imposition of sentence, probation, parole, or transfer. (2) The court may revoke probation and any agency establishing a condition of release may revoke the conditional release if the defendant fails to comply with the order and if the defendant has not made a good faith effort to comply with the order. (3) In determining whether to revoke probation or conditional release, the court or releasing authority shall consider: (A) The defendant's employment status; (B) The defendant's earning ability; (C) The defendant's financial resources; (D) The willfulness of the defendant's failure to pay; and (E) Any other special circumstances that may have a bearing on the defendant's ability to pay. (g) (1) The court shall enter a judgment against the defendant for the amount determined under subdivision (b)(4) of this section. (2) The judgment may be enforced by the state or a beneficiary of the judgment in the same manner as a judgment for money in a civil action. (3) A judgment under this section may be discharged by a settlement between the defendant and the beneficiary of the judgment. (4) The court shall determine priority among multiple beneficiaries on the basis of: (A) The seriousness of the harm each beneficiary suffered; (B) The other resources of the beneficiaries; and (C) Other equitable factors. (5) If more than one (1) defendant is convicted of the crime for which there is a judgment under this section, the defendants are jointly and severally liable for the judgment unless the court determines otherwise. (6) (A) A judgment shall require payment to the Department of Community Correction. (B) The department shall provide for supervision and disbursement of funds under subdivision (g)(6)(A) of this section by the department's authorized economic sanction officers.	Restitution for lost income capped at $50,000.	All	No	Court	N/A
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-205	Restitution	(e) (1) Restitution shall be made immediately unless prior to the imposition of sentence the court determines that the defendant should be: (A) Given + See more a specified time to pay; or (B) (i) Allowed to pay in specified installments. (ii) If a court authorizes payment of restitution by a defendant in specified installments, a monthly installment fee of five dollars ($5.00) shall be assessed on the defendant for making restitution payments on an installment basis in addition to the restitution and other assessments authorized. (iii) The monthly installment fee under subdivision (e)(1)(B)(ii) of this section shall be remitted to the collecting official to be used to defray the cost of restitution collection.	$5 Additional $5 monthly fee for being on a payment plan + See more	All	No	Court	N/A

Poverty Penalties and Poverty Traps

	State	Statute	Description/Statute Name	Statutory language	Type of poverty penalty or poverty trap	Level of offense	Mandatory
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-26-401(d)	Nonsupport	A district court located in a county having a population in excess of two hundred thousand (200,000) inhabitants shall cause a warrant of arrest to be issued upon affidavit of + See more a spouse or any person who is responsible for maintenance of a dependent child who states that nonsupport has taken place.	Incarceration	All	Yes
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-26-413	Temporary Support Order	At any time before a trial or pending appeal, upon motion of a complainant and upon notice to the defendant, the court may: ...(2) Punish for violation of the temporary + See more support order as for contempt.	Incarceration	All	No
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-26-414(c)	Order for Periodic Payments -- Release of Defendant on Own Recognizance	Failure to appear is punishable by imprisonment for not less than ten (10) days nor more than ninety (90) days and shall not be suspended.	Incarceration	All	Yes
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 16-98-304(b)	Cost and Fees	(1)The drug court judge shall establish a schedule for the payment of costs and fees. . . (7) Court orders for costs and fees shall remain an obligation of the + See more offender with court monitoring until fully paid.	Payment plan/installment plan	All	Yes
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 16-98-304(b)	Cost and Fees	(b)(1) The drug court judge shall establish a schedule for the payment of costs and fees. . . (7) Court orders for costs and fees shall remain an obligation of the + See more offender with court monitoring until fully paid	Condition or extension of supervision	All	Yes
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-206(b)	Collection of Unpaid Restitution--Interception of State Income Tax Returns	A court that orders the payment of restitution as a condition of a defendant's sentence shall note on the restitution order that the restitution may be collected through an interception + See more of the defendant's state income tax return if the defendant has failed to comply with the terms and conditions of the restitution order.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-204(a)	Collection After Default	When a defendant sentenced to pay a fine or costs defaults in the payment of the fine or costs or of any installment, the fine or costs may be collected + See more by any means authorized for the enforcement of a money judgment in a civil action.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-204(a)	Collection After Default	When a defendant sentenced to pay a fine or costs defaults in the payment of the fine or costs or of any installment, the fine or costs may be collected + See more by any means authorized for the enforcement of a money judgment in a civil action.	Property liens	All	No
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-204(b)	Collection After Default	A judgment that the defendant pay a fine or costs constitutes a lien on the real property and personal property of the defendant in the same manner and to the + See more same extent as a money judgment in a civil action.	Property liens	All	Yes
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-303(c)	Conditions of Suspension or Probation	(c) If the court suspends imposition of sentence on a defendant or places him or her on probation, as a condition of its order the court may require that the + See more defendant: (1) Support his or her dependents and meet his or her family responsibilities . . . (6) Make restitution to an aggrieved party in an amount the defendant can afford to pay for the actual loss or damage caused by his or her offense	Condition or extension of supervision	All	No

Ability to Pay

	State	Statute	Description/Statute Name	Statutory language	Level of offense	Definition of ability to pay	Timeline	Burden of proof	Method of determination	Mandatory	Remedies if unable to pay
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-205(e)(2);(f)(3)	Restitution	(e)(2)In determining the method of payment, the court shall take into account: (A) The financial resources of the defendant and the burden that payment of restitution will impose with regard + See more to another obligation of the defendant; (B) The ability of the defendant to pay restitution on an installment basis or on another condition to be fixed by the court; and (C) The rehabilitative effect on the defendant of the payment of restitution and the method of payment....(f) (3) In determining whether to revoke probation or conditional release, the court or releasing authority shall consider: (A) The defendant's employment status; (B) The defendant's earning ability; (C) The defendant's financial resources; (D) The willfulness of the defendant's failure to pay; and (E) Any other special circumstances that may have a bearing on the defendant's ability to pay.	All	"The financial resources of the defendant and the burden that payment of restitution will impose with regard to another obligation of the defendant; The ability of the defendant to pay + See more restitution on an installment basis or on another condition to be fixed by the court."	Not provided for	Not provided for	Determined by judge after hearing	Yes	Not provided for
Add to Dashboard + Create New	Arkansas	Ark. Const. Art. 2, § 9	Excessive Bail or Punishment Prohibited -- Witness -- Detention	Excessive bail shall not be required; nor shall excessive fines be imposed; nor shall cruel or unusual punishments be inflicted; nor witnesses be unreasonably detained.	All	Fines cannot be "excessive".	Not provided for	Not provided for	Not provided for	Yes	Not provided for
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-303(f)	Conditions of Suspension or Probation	(1) If the court suspends imposition of sentence on a defendant or places him or her on probation conditioned upon his or her making restitution under subdivision (c)(6) of this section, + See more the court, by concurrence of the victim, defendant, and the prosecuting authority, shall determine the amount to be paid as restitution. (2) After considering the assets, financial condition, and occupation of the defendant, the court shall further determine: (A) Whether restitution shall be total or partial; (B) The amounts to be paid if by periodic payments; and (C) If a personal service is contemplated, the reasonable value and rate of compensation for the personal service rendered to the victim.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not provided for
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 16-93-104(b)-(d)	Supervision Fee -- Direct Payment by Offender -- Failure to Pay	(b) (1) When an offender on probation defaults in the payment of supervision fees or any installment thereof, the court may require the offender to show cause why he or + See more she would not be imprisoned for nonpayment. (2) The offender shall not be imprisoned if the offender is financially unable to make the payments and states so to the court in writing, under oath, and the court so finds. (3) Unless the offender shows that his or her default was not attributable to a purposeful refusal to obey the sentence of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court may order the defendant imprisoned until the payments are made. (4) If the court determines that the default in payment is not attributable to the causes specified in subdivision (b)(3) of this section, the court may enter an order allowing the offender additional time for payment, reducing the amount of each installment, or revoking the fees or the unpaid portion thereof in whole or in part. (c) (1) The offender on parole may be imprisoned for violation of parole if the offender is financially able to make the payments and if the payments are not made and the Parole Board so finds, subject to the limitations set out in this subsection. (2) The offender shall not be imprisoned if the offender is financially unable to make the payments and states so under oath to the Parole Board in writing, and the Parole Board so finds. (d) Court costs under § 16-10-305 shall be collected in full before any fees are collected under this section.	All	"The offender is financially unable to make the payments."	Not provided for	Burden on defendant to show inability to pay	Determined by judge without hearing	Yes	Additional Time, Reduced Payments, Revoke Fees.
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-65-114	Inability to Pay -- Alternative Public Service Work	If a court finds that a person against whom fines, fees, or court costs are levied for violating this chapter is financially unable to pay the fines, fees, or costs, + See more the court shall order the person to perform public service work as the court determines is appropriate.	All	"Financially unable to pay the fines, fees, or costs."	Not provided for	Not provided for	Not provided for	Yes	Community Service.
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-303(g)(2)(B)	Conditions of Suspension or Probation	The amount of the assessed attorney's fee shall be commensurate with the defendant's ability to pay.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Waiver/Reduction of Fee.
Add to Dashboard + Create New	Arkansas	A.C.A. § 5-2-331	Cost of Mental Health Services, Examination, and Treatment of Defendant	Rules establishing reasonable charges for the cost of treatment or other mental health services under this section shall provide for waiving or postponing the collection of the charges based on: + See more (A) Clinical considerations; (B) The defendant's inability to pay; or (C) A court determination that the defendant is wholly or partly indigent and qualifies for the appointment of an attorney under § 16-87-213.	All	Not provided for	At enforcement of fine or fee	Not provided for	Administrative decision	No	Not provided for
Add to Dashboard + Create New	Arkansas	A.C.A. § 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 + See more 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; (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.	All	"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 + See more compatible with health and decency."	Before imposition of fine or fee	Not provided for	Not provided for	No	Not provided for

Transparency

	State	Statute	Description/Statute Name	Statutory language	Type of obligation	Actor
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 16-96-401(f)(1)	Collection and Payment	At the commencement of each session of the circuit court of the clerk's county, the clerk of the county court shall furnish the prosecuting attorney with a written statement of + See more all deficits of constables and other collecting officers on account of fines, penalties, and forfeitures.	Obligation to report/conduct analysis	Clerk
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 16-96-401(f)(2)	Collection and Payment	It shall be the duty of the prosecuting attorney to bring suit against the constables and collecting officers and their securities for the deficiency due and also to prosecute the + See more officers by indictment for malfeasance in office.		Prosecutor
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 16-20-106(c)(1)	Fines, Penalties, Taxes, Etc. -- Collection and Settlement -- Accounting -- Audit and Adjustment	The clerks shall keep a true account of all fines, penalties, forfeitures, and judgments imposed, adjudged, or rendered in favor of the state or any county by their respective courts, + See more distinguishing those payable to the state from those payable to the county.	Obligation to collect or record	Clerk
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 14-14-110(a)	Public Records	Except as provided in subsection (b) of this section, all records and other written materials in the possession of a local government shall be available for inspection and copying by any person + See more during normal office hours.	Obligation to respond to public records requests	All

Collections Infrastructure

	State	Statute	Description/Statute Name	Statutory language	Who may collect
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-204	Collection After Default	(a) When a defendant sentenced to pay a fine or costs defaults in the payment of the fine or costs or of any installment, the fine or costs may be collected + See more by any means authorized for the enforcement of a money judgment in a civil action. (b) A judgment that the defendant pay a fine or costs constitutes a lien on the real property and personal property of the defendant in the same manner and to the same extent as a money judgment in a civil action.	All
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 16-13-709(a)(1)(A)	Responsibility for Collection	(i) The quorum court of each county of the state shall designate a county official, agency, or department which shall be primarily responsible for the collection of fines assessed in + See more the circuit courts of this state.(ii) All fines collected each month in circuit court by the designated county official, agency, or department shall be disbursed by the fifth working day of the following month to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state entity, or state agency as provided by law.	County
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 16-13-709(a)(1)(A)(iii)	Responsibility for Collection	The sheriff shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in circuit court.	Law enforcement
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 16-13-709(a)(1)(B)-(C)	Responsibility for Collection	(B)(i) The quorum court may delegate the responsibility for the collection of delinquent fines assessed in circuit court to a private contractor.(ii) The contractor may receive, under a written contract, + See more a commission on delinquent fines collected for circuit court. (C)(i) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant. (ii) The court shall credit the defendant with the gross amount remitted to the private contractor. (iii) The private contractor shall remit the gross amounts collected to the county official, agency, or department designated under subdivision (a)(1)(A) of this section on at least a monthly basis.	Private actors
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 16-13-709(a)(2)(A)	Responsibility for Collection	(i) The governing body or, if applicable, each governing body of a political subdivision which contributes to the expenses of a district court shall designate a county, town, or city + See more official, agency, or department who shall be primarily responsible for the collection of fines assessed in the district courts of this state.(ii) All fines collected each month in district court or a department of district court by the designated county, town, or city official, agency, or department shall be disbursed by the tenth working day of the following month pursuant to § 16-17-707.	County
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 16-13-709(a)(2)(B)	Responsibility for Collection	The chief of police of the town or city in which a district court is located shall remain responsible for collecting bail or money deposited in lieu of bail on + See more behalf of defendants discharged from incarceration pursuant to law in district court.	Law enforcement
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 16-13-709(a)(2)(C)	Responsibility for Collection	(i) The governing body or, if applicable, each governing body of a political subdivision which contributes to the expenses of a district court may delegate the responsibility for the collection + See more of delinquent fines assessed in district court to a private contractor.(ii) The contractor may receive under a written contract a commission on delinquent fines collected for district court. (iii) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant. (iv) The court shall credit the defendant with the gross amount remitted to the private contractor. (v) The private contractor shall remit the gross amount collected to the county, town, or city official, agency, or department designated under subdivision (a)(2)(A) of this section on a monthly basis. (vi) The commission expense shall be apportioned among each governing body of a political subdivision which contributes to the expenses of a district court in proportion to the gross amount of fines collected for that political subdivision. (vii) Payment of the commission shall be according to accounting procedures prescribed by law. (viii) The remainder of fines received shall be disbursed pro rata under this section and §§ 16-10-209, 16-10-308, and 16-17-707.	Private actors

Revenue Flow

	State	Statute	Description/Statute Name	Statutory language	Who receives the funding	Other beneficiaries	Level of offense
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-703(b)	Additional Fine -- Offense Committed Against a Child or in the Presence of a Child	(1) A fine assessed and collected under this section shall be remitted on or before the fifteenth day of the following month to the Arkansas Children's Advocacy Center Fund. (2) + See more A form identifying the amount of fines assessed under this section shall be transmitted with the collected fines.	State/statewide agency	N/A	All
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-205(g)(6)	Restitution	(A) A judgment shall require payment to the Department of Community Correction. (B) The department shall provide for supervision and disbursement of funds under subdivision (g)(6)(A) of this section by + See more the department's authorized economic sanction officers.	Law enforcement	N/A	All
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-303(g)(4)	Conditions of Suspension or Probation -- Attorney's Fees	(A) The assessed attorney's fee under subdivision (g)(2) of this section shall be collected by the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for + See more the collection of fines assessed in a circuit court or district court of this state. (B) On or before the tenth day of each month, the county or city official, agency, or department described in subdivision (g)(4)(A) of this section shall remit any assessed attorney's fee collected to the Arkansas Public Defender Commission on a form provided by the commission. (C) The commission shall deposit the money collected into a separate account within the State Central Services Fund to be known as "Public Defender Attorney Fees" to be used solely to defray costs for the commission.	State/statewide agency	N/A	All
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-4-910	Disposition of Court Costs and User Fees	(a) All court costs and pre-adjudication probation program user fees assessed by the pre-adjudication probation program judge shall be paid to the circuit court clerk for remittance to the county + See more treasury under § 14-14-1313.(b) The county treasurer shall credit all court costs received under this section to the county administration of justice fund to be distributed under § 16-10-307. (c) The county treasurer shall credit all pre-adjudication probation program user fees received under this section to a fund known as the county pre-adjudication probation program fund and appropriated by the quorum court for the benefit and administration of the pre-adjudication probation program.	County	County Administration of Justice Fund, Pre-Adjudication Probation Program Fund	All
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-26-310(c)	Costs	(1) Upon entering a plea of guilty or nolo contendere or being found guilty, a defendant violating §§ 5-26-303 -- 5-26-305 or §§ 5-26-307 -- 5-26-309 may be required to + See more reimburse any abuse shelter or other entity providing a service to the victim under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., if some proof of expense is provided in conjunction with the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq. (2) (A) If the defendant maintains the home in which the abuse occurred and the victim will continue to incur lodging costs, the defendant may be ordered to continue to provide remuneration for the victim's lodging under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., until an action is commenced in a court of competent jurisdiction.	Private actors	Victims of Domestic Violence	All
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-26-412	Payment of Fine to Spouse or Guardian	When a fine is imposed a court may direct that it be paid in whole or in part to a spouse or to a guardian or custodian of a child.	Private actors	N/A	All
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-26-414(a)	Order for Periodic Payments -- Release of Defendant on Own Recognizance	In its discretion, the original trial court may: (1) Order a defendant who violates § 5-26-401 to pay a certain sum periodically, for a time not to exceed one (1) + See more year, to the spouse or to the guardian or custodian of a child; and (2) Release the defendant from custody upon the defendant's entering a recognizance, with or without sureties, in such sum as the original trial court may direct.	Private actors	N/A	All
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-55-107(a)(1)(A)	Restitution and Collection	(a) In addition to any other fine that may be levied, any person found guilty of or who pleads guilty or nolo contendere to Medicaid fraud as described in this + See more subchapter is required to make full restitution and payment of costs as follows: (1) (A) The Department of Human Services, with the restitution to be deposited into the Arkansas Medicaid Program Trust Fund for the loss to the Arkansas Medicaid Program or its fiscal agents.	State/statewide agency	N/A	All
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-55-107(a)(2)	Restitution and Collection	(a) In addition to any other fine that may be levied, any person found guilty of or who pleads guilty or nolo contendere to Medicaid fraud as described in this subchapter + See more is required to make full restitution and payment of costs as follows: (2) The office of the Attorney General or prosecuting attorney may recover reasonable and necessary expenses incurred during investigation and prosecution of Medicaid fraud.	Prosecutor	N/A	All
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 5-55-107(b)(1)	Restitution and Collection	(b) (1) Upon a conviction of Medicaid fraud, the sentencing authority shall make a finding regarding the amount of restitution that a defendant shall pay, including without limitation: (A) The full amount of + See more the monetary loss to the Arkansas Medicaid Program and its fiscal agents; (B) The amount of reasonable and necessary expenses incurred by the office of the Attorney General or the prosecuting attorney during the investigation and prosecution; and (C) Any other measurable monetary damages directly related to the Medicaid fraud.	State/statewide agency	The Attorney General or Prosecuting Attorney.	All

Court Rules

	State	Citation	Description/Statute Name	Language from the rule	When does the rule apply?
Add to Dashboard + Create New	Arkansas	Sup. Ct. Admin. Order 19	Access to Court Records	Courts should endeavor to make at least the following information, when available in electronic form, remotely accessible to the public: (1) litigant/party/attorney indexes to cases filed with the court; (2) + See more listings of case filings, including the names of the parties; (3) the register of actions or docket sheets; (4) calendars or dockets of court proceedings, including case numbers and captions, date and time of hearings, and location of hearings; (5) judgments, orders, or decrees.	Transparency

Structure of Courts

	State	Statute	Description/Statute Name	Statutory language	Court/legal body	Function
Add to Dashboard + Create New	Arkansas	Ark. Const. Amend. 80, § 2	Supreme Court	(A) The Supreme Court shall be composed of seven Justices, one of whom shall serve as Chief Justice. The Justices of the Supreme Court shall be selected from the State + See more at large.(B) The Chief Justice shall be selected for that position in the same manner as the other Justices are selected. During any temporary period of absence or incapacity of the Chief Justice, an acting Chief Justice shall be selected by the Court from among the remaining justices. (C) The concurrence of at least four justices shall be required for a decision in all cases. (D) The Supreme Court shall have: (1) Statewide appellate jurisdiction; (2) Original jurisdiction to issue writs of quo warrantor to all persons holding judicial office, and to officers of political corporations when the question involved is the legal existence of such corporations; (3) Original jurisdiction to answer questions of state law certified by a court of the United States, which may be exercised pursuant to Supreme Court rule; (4) Original jurisdiction to determine sufficiency of state initiative and referendum petitions and proposed constitutional amendments; and (5) Only such other original jurisdiction as provided by this Constitution. (E) The Supreme Court shall have power to issue and determine any and all writs necessary in aid of its jurisdiction and to delegate to its several justices the power to issue such writs. (F) The Supreme Court shall appoint its clerk and reporter. (G) The sessions of the Supreme Court shall be held at such times and places as may be adopted by Supreme Court rule.	Supreme Court	Jurisdiction of the courts
Add to Dashboard + Create New	Arkansas	Ark. Const. Art. 7, § 28	County Courts -- Jurisdiction -- Single Judge Holding Court	The County Courts shall have exclusive original jurisdiction in all matters relating to county taxes, roads, bridges, ferries, paupers, bastardy, vagrants, the apprenticeship of minors, the disbursement of money for + See more county purposes, and in every other case that may be necessary to the internal improvement and local concerns of the respective counties. The County Court shall be held by one judge, except in cases otherwise herein provided.	County Court	Jurisdiction of the courts
Add to Dashboard + Create New	Arkansas	Ark. Const. Art. 7, § 33	Appeals From County and Common Pleas Courts	Appeals from all judgments of County Courts or Courts of Common Pleas, when established, may be taken to the Circuit Court under such restrictions and regulations as may be prescribed + See more by law.	Circuit Court	Jurisdiction of the courts
Add to Dashboard + Create New	Arkansas	Ark. Const. Amend. 80, § 5	Court of Appeals	There shall be a Court of Appeals which may have divisions thereof as established by Supreme Court rule. The Court of Appeals shall have such appellate jurisdiction as the Supreme + See more Court shall by rule determine and shall be subject to the general superintending control of the Supreme Court. Judges of the Court of Appeals shall have the same qualifications as Justices of the Supreme Court.	Court of Appeals	Creation of the courts
Add to Dashboard + Create New	Arkansas	Ark. Const. Amend. 80, § 6	Circuit Courts	(A) Circuit Courts are established as the trial courts of original jurisdiction of all justiciable matters not otherwise assigned pursuant to this Constitution.(B) Subject to the superintending control of the + See more Supreme Court, the Judges of a Circuit Court may divide that Circuit Court into subject matter divisions, and any Circuit Judge within the Circuit may sit in any division. (C) Circuit Judges may temporarily exchange circuits by joint order. Any Circuit Judge who consents may be assigned to another circuit for temporary service under rules adopted by the Supreme Court. (D) The Circuit Courts shall hold their sessions in each county at such times and places as are, or may be, prescribed by law.	Circuit Court	Creation of the courts
Add to Dashboard + Create New	Arkansas	Ark. Const. Amend. 80, § 7	District Courts	(A) District Courts are established as the trial courts of limited jurisdiction as to amount and subject matter, subject to the right of appeal to Circuit Courts for a trial + See more de novo.(B) The jurisdictional amount and the subject matter of civil cases that may be heard in the District Courts shall be established by Supreme Court rule. District Courts shall have original jurisdiction, concurrent with Circuit Courts, of misdemeanors, and shall also have such other criminal jurisdiction as may be provided pursuant to Section 10 of this Amendment. (C) There shall be at least one District Court in each county. If there is only one District Court in a county, it shall have county-wide jurisdiction. Fines and penalties received by the district court shall continue to be distributed in the manner provided by current law, unless and until the General Assembly shall establish a new method of distribution. (D) A District Judge may serve in one or more counties. Subject to the superintending control of the Supreme Court, the Judges of a District Court may divide that District Court into subject matter divisions, and any District Judge within the district may sit in any division. (E) District Judges may temporarily exchange districts by joint order. Any District Judge who consents may be assigned to another district for temporary service under rules adopted by the Supreme Court.	District court	Jurisdiction of the courts
Add to Dashboard + Create New	Arkansas	Ark. Const. Amend. 80, § 10	Jurisdiction, Venue, Circuits, Districts and Number of Judges	The General Assembly shall have the power to establish jurisdiction of all courts and venue of all actions therein, unless otherwise provided in this Constitution, and the power to establish + See more judicial circuits and districts and the number of judges for Circuit Courts and District Courts, provided such circuits or districts are comprised of contiguous territories.	All courts	Jurisdiction of the courts
Add to Dashboard + Create New	Arkansas	Ark. Const. Art. 8, § 5	Mandamus to Compel Board of Apportionment to Act	Original jurisdiction (to be exercised on application of any citizens and taxpayers) is hereby vested in the Supreme Court of the State (a) to compel (by mandamus or otherwise) the + See more board to perform its duties as here directed and (b) to revise any arbitrary action of or abuse of discretion by the board in making such apportionment; provided any such application for revision shall be filed with said Court within 30 days after the filing of the report of apportionment by said board with the Secretary of State; if revised by the court, a certified copy of its judgment shall be by the clerk thereof forthwith transmitted to the Secretary of State, and thereupon be and become a substitute for the apportionment made by the board.	Supreme Court	Jurisdiction of the courts
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 16-12-104	Authority of Court	The Court of Appeals shall have authority to issue any writs, directives, orders, and mandates that are appropriate, and only those that are appropriate, for the determination of cases within + See more its jurisdiction.	Court of Appeals	Jurisdiction of the courts
Add to Dashboard + Create New	Arkansas	Ark. Code Ann. § 16-17-102(a);(c)	Exchange of Jurisdiction by District Court Judges	(a) District judges may temporarily exchange districts by joint order entered of record in their respective courts. They may hold court for each other for such length of time as + See more may seem practicable and for the best interest of their respective courts. (b) District judges exchanging jurisdictional authority or districts shall have the same power or authority, holding courts for each other, as the district judge for the district in which the court or courts shall be held.	District court	Jurisdiction of the courts

Case Law

	State	Citation	Question	Brief Answer	Language from the opinion	When does the case apply?
Add to Dashboard + Create New	Arkansas	Bohannon v. State, 2014 Ark. App. 434; Arkansas Code §5-4-205; Drain v. State, 10 Ark. App. 338, 664 S.W.2d 484 (1984); Cavin v. State, 11 Ark. App. 294, 669 S.W.2d + See more 508 (1984); Trial Handbook for Arkansas Lawyers § 99:20 (2016-2017 ed.)	Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See more the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).	The defendant has to make a good faith attempt to comply with a court order to pay. Otherwise, her probation may be revoked. The State has the burden of proving + See more the failure to pay; the burden of production then shifts to the defendant to show why. The State must then prove that the nonpayment was inexcusable.	"(3) In determining whether to revoke probation or conditional release, the court or releasing authority shall consider: (A) The defendant's employment status; (B) The defendant's earning ability; (C) The defendant's financial + See more resources; (D) The willfulness of the defendant's failure to pay; and (E) Any other special circumstances that may have a bearing on the defendant's ability to pay."	Ability to pay
Add to Dashboard + Create New	Arkansas	Drain v. State, 10 Ark. App. 338, 664 S.W.2d 484 (1984), citing Bearden v. Georgia, 461 U.S. 660 (1983); see also Ark. Code + See more Ann. § 5-4-203(a)(3) and (4) (Supp. 1995).		Imprisonment of an indigent defendant for failure to pay a fine violates the defendants equal protection rights.	This statute basically codifies the principles established by the cases of Tate v. Short, 401 U.S. 395, 91 S.Ct. 668, 28 L.Ed.2d 130 (1971), and Williams v. Illinois, 399 U.S. + See more 235, 90 S.Ct. 2018, 26 L.Ed.2d 586 (1970), both of which stand *341 for the proposition that a sentence to imprisonment for nonpayment of a fine works an invidious discrimination against indigent defendants in violation of the equal protection clause of the Fourteenth Amendment.	Enforcement

Attorney General Opinions

	State	Citation	Description/Statute Name	Question	Brief answer	Language from the opinion	When does the case apply?
Add to Dashboard + Create New	Arkansas	Opinion No. 96-208	Imprisonment for failure to pay - double jeopardy	Other applicable opinions	No, it does not constitute double jeopardy to imprison a person for failure to pay a fine when the person has already had his probation revoked, and has served a + See more term of imprisonment, for failing to satisfy, as a condition of his probation, his obligation to pay the fine -- if the person is not indigent.	"such a course of action is authorized by law and does not violate U.S. Const. amend. 5 or Ark. Const. art. 2, + See more § 8, the constitutional provisionsprohibiting the placing of a person in jeopardy more than once for the same offense."	Enforcement
Add to Dashboard + Create New	Arkansas	Opinion No. 2008-153	district court discretion to refuse probation sentence		Q2) Does a circuit or district court have discretion to refuse to sentence a defendant to probation pursuant to a plea agreement where the only stated reason for rejection of + See more probation is due to an indigent defendant's inability to pay court costs prior to the entry of the plea of guilty? Answer) No	I believe a court's refusal to consider probation as a sentencing option purely because of a defendant's indigency -- which is what your question appears to contemplate -- might well + See more be subject to challenge as a violation of the Equal Protection guarantees set forth in the Fourteenth Amendment to the United States Constitution and in article 2, §§ 2 and 3 of the Arkansas Constitution.	Ability to pay