§ 9-28-702 - Sanctions -- Use and availability. - Arkansas Statutes

9-28-702. Sanctions -- Use and availability.

(a) The Division of Youth Services of the Department of Human Services shall ensure that each judicial district has a continuum of sanctions available through its contracts with community-based providers. The sanctions may include, but are not limited to, the following:

(1) House arrest as enforced by electronic monitoring or intensive supervision;

(2) Restitution;

(3) Community service;

(4) Short-term detention in either a staffed or physically secure facility provided by the community-based provider or other licensed subcontractor;

(5) Mandatory parental participation in either therapeutic or sanction programs enforced, if necessary, by contempt sanctions.

(b) The Director of the Division of Youth Services of the Department of Human Services shall ensure that criteria are established to ensure the maximum use of resources, in each judicial district, to make this program available to as many juveniles as possible. To the extent resources are available, a community-based sanction may be used for the following juvenile offenders and circumstances:

(1) Offenses not involving violence;

(2) Failure to comply with the terms of the aftercare plan;

(3) Contempt of court for failure to comply with any valid court order; and

(4) Revocation of probation.

(c) Nothing in this section requires the division to provide all the sanctions listed in this section, but simply to ensure that each judicial district has in place a continuum of graduated community-based sanctions and that those sanctions are available for as many juvenile offenders as possible.

(d) The division shall add to the community-based provider contracts without further request for proposals, any and all funds specifically appropriated to implement this subchapter and shall ensure that those funds are spent exclusively to implement and support community-based sanction programs.