§ 16-92-109 — Costs and fees - Reimbursement to counties - Definition

Arkansas § 16-92-109

• Jurisdiction: Arkansas
• Title: 16

Text

(a) (1) As used in this section, "costs incurred by the county" means all costs incurred by the county in bringing to trial or trials any person or persons charged with a felony offense, with a crime committed in furtherance of, or in connection with, an escape from the Division of Correction, or with escape from the division. (2) Costs shall include, but shall not be limited to, salaries and expenses, except normal salaries and expenses incurred by the prosecuting attorney in investigation and prosecution, by the county sheriff in investigation and custody, and by the public defender or court-appointed attorney or attorneys in investigation and defense, as well as all other costs, including the expenses involved in the trial itself. (3) Expenses shall also include extraordinary expenses for such services as witness fees and expenses, court-appointed expert witnesses, reporter fees, costs of preparing transcripts, necessary courtroom security reasonably required to protect the court and participants, and other direct trial costs. (4) Trial shall be deemed to include all pretrial hearings and post-conviction proceedings, if any. (b) Whenever a trial is held in which a crime committed in furtherance of, or in connection with, an escape from the division is charged or whenever a trial is held for escape from the custody of the division, the county or counties responsible for the trial or trials of the person or persons charged may apply to the Secretary of the Department of Finance and Administration for reimbursement of the total costs incurred by the county or counties in each case. (c) (1) The county responsible for the costs of the felony proceedings or trial on charges of escape or in connection with escape from the division, shall prepare a statement of all costs incurred in connection with the proceedings, which shall be certified by the presiding judge of the circuit court or courts. (2) The statement of costs incurred by the county or counties shall be sent to the secretary together with the county's application for reimbursement. (d) (1) The secretary shall audit and examine all statements of costs incurred by the county received by him or her in accordance with this section and shall determine whether the costs included in the statements comply with the provisions of this section. (2) The secretary shall cause the amount of such costs as he or she determines comply with this section to be paid to the county or counties from the Trial Expense Assistance Fund, which is established by this section on the books of the Treasurer of State, the secretary, and the Auditor of State, which shall consist of moneys transferred to the Trial Expense Assistance Fund, as costs are incurred, from the Miscellaneous Revolving Fund. (e) The secretary may make disbursements from the Trial Expense Assistance Fund to pay court-awarded attorney's fees and costs to court-appointed attorneys for indigent defendants.

Legislative History

Amended by Act 2019, No. 910,§ 878, eff. 7/1/2019. Acts 1979, No. 24, §§ 1-5; 1980 (1st Ex. Sess.), No. 39, § 1; 1985, No. 419, § 1; A.S.A. 1947, §§ 43-2408.1 -- 43-2408.5; Acts 1993, No. 793, § 1; 1993, No. 1193, § 20.