§ 9-27-330 — Disposition - Delinquency - Alternatives

Arkansas § 9-27-330

• Jurisdiction: Arkansas
• Title: 9

Text

(a) If a juvenile is found to be delinquent, the circuit court may enter an order making any of the following dispositions based upon the best interest of the juvenile: (1) (A) Transfer legal custody of the juvenile to any licensed agency responsible for the care of delinquent juveniles or to a relative or other individual. (B) (i) Commit the juvenile to the Division of Youth Services using the validated risk assessment system for Arkansas juvenile offenders selected by the Juvenile Judges Committee of the Arkansas Judicial Council with the division and distributed and administered by the Administrative Office of the Courts. (ii) (a) The validated risk assessment system selected by the Juvenile Judges Committee of the Arkansas Judicial Council with the division shall be: (1) The only validated risk assessment used by courts for commitment; (2) Used throughout the state; and (3) Applied to all commitment decisions for all juvenile offenders. (b) The validated risk assessment may be changed to another validated risk assessment system by the Juvenile Judges Committee of the Arkansas Judicial Council with the division. (iii) (a) In an order of commitment, the court may recommend that a juvenile be placed in a treatment program or community-based program instead of a youth services center and shall make specific findings in support of such a placement in the order. (b) The court shall also specify in its recommendation whether it is requesting a division aftercare plan upon the juvenile's release from the division. (c) A court may not commit a juvenile to the division if the juvenile is adjudicated delinquent of only a misdemeanor offense unless the: (1) Juvenile is determined to be moderate risk or high risk by the validated risk assessment; and (2) Court makes specific findings as to the factors considered for the disposition to be in the juvenile's best interest. (d) A court may not commit a juvenile to the division if the juvenile is adjudicated delinquent of only a misdemeanor offense and the juvenile is determined to be low risk by the validated risk assessment. (iv) A circuit court committing a juvenile to the division under subdivision (a)(1)(B)(iii) of this section shall make written findings and consider the following factors in making its determination to commit the juvenile to the division: (a) The previous history of the juvenile, including without limitation whether: (1) The juvenile has been adjudicated delinquent and, if so, whether the offense was against a person or property; and (2) Any other previous history of antisocial behavior or patterns of physical violence exist; (b) Whether the circuit court has previously offered less restrictive programs or services to the juvenile and whether there are less restrictive programs or services available to the court that are likely to rehabilitate the juvenile before the expiration of the court's jurisdiction; (c) Written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and (d) Any other factors deemed relevant by the circuit court. (v) Upon receipt of an order of commitment with recommendations for placement, the division shall consider the recommendations of the committing court in placing a juvenile in a youth services facility or a community-based program. (vi) Upon receipt of an order of commitment, the division or its contracted provider or designee shall prepare a written treatment plan that: (a) States the treatment plan for the juvenile, including the types of programs and services that will be provided to the juvenile; (b) States the anticipated length of the juvenile's commitment; (c) (1) States recommendations as to the most appropriate post-commitment placement for the juvenile. (2) If the juvenile cannot return to the custody of his or her parent, guardian, or custodian because of child maltreatment, which includes the parent's, guardian's, or custodian's refusing to take responsibility for the juvenile, the division shall immediately contact the Office of Chief Counsel of the Department of Human Services. (3) The Office of Chief Counsel of the Department of Human Services shall petition the committing court to determine the issue of custody of the juvenile; (d) States any post-commitment community-based services that will be offered to the juvenile and to his or her family by the division or the community-based provider; (e) (1) Outlines an aftercare plan, if recommended, including specific terms and conditions required of the juvenile and the community-based provider. (2) If the juvenile progresses in treatment and an aftercare plan is no longer recommended or the terms of the aftercare plan need to be amended as a result of treatment changes, any change in the terms of the aftercare plan and conditions shall be provided in writing and shall be explained to the juvenile. (3) The terms and conditions shall be provided also to the prosecuting attorney, the juvenile's attorney, and to the juvenile's legal parent, guardian, or custodian by the division or its designee before the juvenile's release from the division. (4) All aftercare terms shall be provided to the committing court; and (f) (1) The treatment plan shall be filed with the committing court no later than thirty (30) days from the date of the commitment order or before the juvenile's release, whichever is sooner. (2) A copy of the written treatment plan shall be provided and shall be explained to the juvenile. (3) A copy shall be provided to the prosecutor, the juvenile's attorney, and to the juvenile's legal parent, guardian, or custodian and shall be filed in the court files of any circuit court where a dependency-neglect or family in need of services case concerning that juvenile is pending. (C) This transfer of custody shall not include placement of adjudicated delinquents into the custody of the Department of Human Services for the purpose of foster care except as under the Child Maltreatment Act, § 12-18-101 et seq.; (2) Order the juvenile or members of the juvenile's family to submit to physical, psychiatric, or psychological evaluations; (3) Grant permanent custody to an individual upon proof that the parent or guardian from whom the juvenile has been removed has not complied with the orders of the court and that no further services or periodic reviews are required; (4) (A) Place the juvenile on probation under those conditions and limitations that the court may prescribe pursuant to § 9-27-339(a) . (B) (i) In addition, the court shall have the right as a term of probation to require the juvenile to attend school or make satisfactory progress toward attaining a high school equivalency diploma approved by the Adult Education Section. (ii) The court shall have the right to revoke probation if the juvenile fails to regularly attend school or if satisfactory progress toward attaining a high school equivalency diploma approved by the Adult Education Section is not being made; (5) Order a probation fee, not to exceed twenty dollars ($20.00) per month, as provided in § 16-13-326(a) ; (6) Assess a court cost of no more than thirty-five dollars ($35.00) to be paid by the juvenile, his or her parent, both parents, or his or her guardian; (7) (A) Order restitution to be paid by the juvenile, a parent, both parents, the guardian, or his or her custodian. (B) If the custodian is the State of Arkansas, both liability and the amount that may be assessed shall be determined by the Arkansas State Claims Commission; (8) Order a fine of not more than five hundred dollars ($500) to be paid by the juvenile, a parent, both parents, or the guardian; (9) Order that the juvenile and his or her parent, both parents, or the guardian perform court-approved volunteer service in the community designed to contribute to the rehabilitation of the juvenile or to the ability of the parent or guardian to provide proper parental care and supervision of the juvenile, not to exceed one hundred sixty (160) hours; (10) (A) Order that the parent, both parents, or the guardian of the juvenile attend a court-approved parental responsibility training program if available. (B) The court may make reasonable orders requiring proof of completion of the training program within a certain time period and payment of a fee covering the cost of the training program. (C) The court may provide that any violation of such orders shall subject the parent, both parents, or the guardian to the contempt sanctions of the court; (11) (A) (i) Order that the juvenile remain in a juvenile detention facility for an indeterminate period not to exceed ninety (90) days. (ii) The court may further order that the juvenile be eligible for work release or to attend school or other educational or vocational training. (B) The juvenile detention facility shall afford opportunities for education, recreation, and other rehabilitative services to adjudicated delinquents; (12) Place the juvenile on residential detention with electronic monitoring, either in the juvenile's home or in another facility as ordered by the court; (13) (A) Order the parent, both parents, or the guardian of any juvenile adjudicated delinquent and committed to a youth services center, detained in a juvenile detention facility, or placed on electronic monitoring to be liable for the cost of the commitment, detention, or electronic monitoring. (B) (i) The court shall take into account the financial ability of the parent, both parents, or the guardian to pay for the commitment, detention, or electronic monitoring. (ii) The court shall take into account the past efforts of the parent, both parents, or the guardian to correct the delinquent juvenile's conduct. (iii) If the parent is a noncustodial parent, the court shall take into account the opportunity the parent has had to correct the delinquent juvenile's conduct. (iv) The court shall take into account any other factors the court deems relevant; (14) When a juvenile is committed to a youth services center or detained in a juvenile detention facility and the juvenile is covered by private health insurance, order the parent or guardian to provide information on the juvenile's health insurance coverage, including a copy of the health insurance policy and the pharmacy card when available, to the juvenile detention center or youth services center that has physical custody of the juvenile; or (15) (A) Order the Department of Finance and Administration to suspend the driving privileges of any juvenile adjudicated delinquent. (B) The order shall be prepared and transmitted to the Department of Finance and Administration within twenty-four (24) hours after the juvenile has been found delinquent and is sentenced to have his or her driving privileges suspended. (C) The court may provide in the order for the issuance of a restricted driving permit to allow driving to and from a place of employment or driving to and from school or for other circumstances. (b) The court shall specifically retain jurisdiction to amend or modify any orders entered pursuant to this section. (c) (1) If a juvenile is adjudicated delinquent for possession of a handgun, as provided in § 5-73-119 , or criminal use of prohibited weapons, as provided in § 5-73-104 , or possession of a defaced firearm, as provided in § 5-73-107 , then the court shall commit the juvenile: (A) To a juvenile detention facility, as provided in subdivision (a)(11) of this section; (B) To a youth services center operated by the Department of Human Services State Institutional System Board, as provided in subdivision (a)(1) of this section; or (C) Place the juvenile on residential detention, as provided in subdivision (a)(12) of this section. (2) The court may take into consideration any preadjudication detention period served by the juvenile and sentence the juvenile to time served. (d) (1) When the court orders restitution pursuant to subdivision (a)(7) of this section, the court shall consider the following: (A) The amount of restitution may be decided: (i) If the juvenile is to be responsible for the restitution, by agreement between the juvenile and the victim; (ii) If the parent or parents are to be responsible for the restitution, by agreement between the parent or parents and the victim; (iii) If the juvenile and the parent or parents are to be responsible for the restitution, by agreement between the juvenile, his or her parent or parents, and the victim; or (iv) At a hearing at which the state must prove the restitution amount by a preponderance of the evidence; (B) Restitution shall be made immediately unless the court determines that the parties should be given a specified time to pay or should be allowed to pay in specified installments; and (C) (i) In determining if restitution should be paid and by whom, as well as the method and amount of payment, the court shall take into account: (a) The financial resources of the juvenile, his or her parent, both parents, or the guardian and the burden the payment will impose with regard to the other obligations of the paying party; (b) The ability to pay restitution on an installment basis or on other conditions to be fixed by the court; (c) The rehabilitative effect of the payment of restitution and the method of payment; and (d) The past efforts of the parent, both parents, or the guardian to correct the delinquent juvenile's conduct. (ii) (a) The court shall take into account whether the parent is a noncustodial parent. (b) The court may take into consideration the opportunity the parent has had to correct the delinquent juvenile's conduct. (iii) The court shall take into account any other factors the court deems relevant. (2) If the juvenile is placed on probation, any restitution ordered under this section may be a condition of the probation. (e) When an order of restitution is entered, it may be collected by any means authorized for the enforcement of money judgments in civil actions, and it shall constitute a lien on the real and personal property of the persons and entities the order of restitution is directed upon in the same manner and to the same extent as a money judgment in a civil action. (f) (1) The judgment entered by the court may be in favor of the state, the victim, or any other appropriate beneficiary. (2) The judgment may be discharged by a settlement between the parties ordered to pay restitution and the beneficiaries of the judgment. (g) The court shall determine priority among multiple beneficiaries on the basis of the seriousness of the harm each suffered, their other resources, and other equitable factors. (h) If more than one (1) juvenile is adjudicated delinquent of an offense for which there is a judgment under this section, the juveniles are jointly and severally liable for the judgment, unless the court determines otherwise. (i) (1) A judgment under this section does not bar a remedy available in a civil action under other law. (2) A payment under this section must be credited against a money judgment obtained by the beneficiary of the payment in a civil action. (3) A determination under this section and the fact that payment was or was not ordered or made are not admissible in evidence in a civil action and do not affect the merits of the civil action. (j) If a juvenile is adjudicated delinquent as an extended juvenile jurisdiction offender, the court shall enter the following dispositions: (1) Order any of the juvenile delinquency dispositions authorized by this section; and (2) Suspend the imposition of an adult sentence pending court review.

Legislative History

Amended by Act 2019, No. 189,§ 4, eff. 7/1/2020. Amended by Act 2019, No. 910,§ 2194, eff. 7/1/2019. Amended by Act 2015, No. 1115,§ 22, eff. 7/22/2015 Acts 1989, No. 273, § 29; 1991, No. 763, § 1; 1993, No. 1227, § 4; 1994 (2nd Ex. Sess.), No. 61, § 1; 1994 (2nd Ex. Sess.), No. 62, § 1; 1995, No. 533, § 9; 1995, No. 779, § 1; 1995, No. 798, § 1; 1995, No. 1261, § 14; 1995, No. 1335, § 1; 1995, No. 1337, § 5; 1997, No. 1118, § 3; 1999, No. 1192, § 19; 1999, No. 1340, §§ 15, 16; 2003, No. 1166, § 16; 2003, No. 1319, § 17; 2003, No. 1809, § 6; 2005, No. 1990, § 9; 2007, No. 587, § 16; 2009, No. 758, § 14; 2009, No. 956, § 12