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ARKANSAS STATUTES AND CODES

§ 16-17-125 - Pretrial release alternative administration fee.

16-17-125. Pretrial release alternative administration fee.

(a) An administrative fee may be levied and collected, in district court or city court, from each pretrial detainee charged with either a felony or misdemeanor who is placed under the supervision of the court pending trial.

(b) The administrative fee authorized by this section may be levied only by the district court or city court which places a pretrial detainee under the supervision of the court pending trial.

(c) A district judge may impose such administrative fee for supervision if the judge finds it necessary to impose conditions of release requiring supervision of a criminal defendant pending trial and the judge does not require the posting of any bail that requires the defendant to pay a bondsman or post any form of cash or security.

(d) Such supervised pretrial release program is optional for both the court and the defendant and is an alternative to continued incarceration pending trial or to posting bond set by the court. The court shall be solely responsible for determining which defendants may be placed on the program. The defendant must agree to be placed on the program as an alternative to continued incarceration pending trial or to posting bond set by the court.

(e) All funds derived from the collection of such administrative fee shall be used by the municipality solely for the administration of justice.

(f) The administrative fee authorized by this section may be reduced or waived based on indigency.

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