§ 16-93-104 — Supervision fee - Direct payment by offender - Failure to pay

(a) (1) An offender on probation, parole, post-release supervision, or transfer under supervision of the Division of Community Correction shall pay to the division a monthly supervision fee. (2) (A) The monthly supervision fee under subdivision (a)(1) of this section is thirty-five dollars ($35.00). (B) However, by rule the Board of Corrections may increase or decrease the monthly supervision fee by not more than twenty percent (20%) of the amount of the monthly supervision fee assessed at the time of the increase or decrease, subject to the following: (i) A rule under this subdivision (a)(2)(B) may provide for an individualized monthly supervision fee assessment process; (ii) A rule under this subdivision (a)(2)(B) may provide for the decrease of a monthly supervision fee if an emergency is declared under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq.; (iii) An increase in a monthly supervision fee may not result in the monthly supervision fee exceeding fifty dollars ($50.00); (iv) A monthly supervision fee may not be increased more than one (1) time per two (2) calendar years; and (v) An increase or decrease in a monthly supervision fee shall be approved by the Legislative Council as required under § 10-3-309 . (C) The division shall give notice of at least thirty (30) days to all parolees and probationers of an increase or decrease in the monthly supervision fee. (3) The Director of the Division of Community Correction or his or her designee shall deposit each payment received under this subsection into the State Treasury as special revenues credited to the Community Correction Revolving Fund. (4) Expenditures from the fund shall be used for continuation and expansion of community correction programs and supervision as established and approved by the Board of Corrections. (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 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 or post-release supervision may be imprisoned for violation of parole or post-release supervision if the offender is financially able to make the payments and if the payments are not made and the Post-Prison Transfer 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 Post-Prison Transfer Board in writing, and the Post-Prison Transfer Board so finds. (d) Court costs under § 16-10-305 shall be collected in full before any fees are collected under this section.

Legislative History

Amended by Act 2023, No. 659,§ 152, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 151, eff. 1/1/2024. Amended by Act 2021, No. 625,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1307, eff. 7/24/2019. Amended by Act 2019, No. 249,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 282,§ 11, eff. 3/6/2013. Acts 1981, No. 70, §§ 1, 2; 1983, No. 887, §§ 1, 2; A.S.A. 1947, §§ 43-2808.1, 43-2808.2; Acts 1997, No. 278, § 1; 2011, No. 570, § 85.