Delinquency Services Summary
Decentralized State: Delinquency services are organized at both the state and local level in Arkansas. Secure detention is administered at the local level in Arkansas through county boards, law enforcement agencies, and the juvenile division of circuit courts. County governments fund juvenile probation services that are operated under the administrative supervision of the local circuit court, juvenile division. The Department of Human Services, Division of Youth Services administers delinquency institutions and aftercare services and contracts with private providers for alternatives to secure placements.

Court(s) with Delinquency Jurisdiction
Circuit Courts have jurisdiction over delinquency proceedings. Circuit courts are general jurisdiction trial courts and the juvenile jurisdiction is organized in a juvenile division. For more information, visit the Arkansas Judiciary web site.

Highlights

Arkansas DYS Establishes Graduated Sanctions
Statute (A.C.A. 9-28-701) requires graduated sanctions in Arkansas. Pursuant to the code, the Arkansas Department of Human Services, Division of Youth Services (DYS) has established a service framework for graduated sanctions, utilizing restorative justice services (e.g., community services), intensive supervision, day treatment, and crisis residential services.

Detention
Currently, Arkansas has 15 secure detention facilities in the state. Secure detention is funded at the local level and administered by county boards, law enforcement agencies, or the juvenile court. Designated juvenile intake officers screen referrals for admission to secure detention and are guided by statutorily defined criteria or guidelines for detaining a youth (A.C.A. 9-27-336(c)). However, no standard risk screening tool is applied across the facilities to further structure decisions for who may meet statutory guidelines but could safely be returned home. The Division of Youth Services and the Arkansas Advocates for Children and Families encourage alternatives to secure detention through the administration of federal Juvenile Justice and Delinquency Prevention Act funds. As a result, DYS has developed a network of emergency shelter services as an alternative to secure detention. However, the range of detention alternatives and capacity continues to vary across Circuit Courts.

In addition to preadjudication and predisposition holding, Arkansas statutes authorize secure detention as a disposition and a sanction for violating probation. Under statute 9-27-330(a)(11), the court may sentence a delinquent to detention for an indeterminate period not to exceed 90 days or order detention as a sanction for violating the terms of probation. Youth may also be held in secure detention subsequent to disposition, pending placement in a residential facility.

Delinquency Intake Screening
Juvenile divisions of local circuit courts must support at least one juvenile "intake officer" and one "juvenile probation officer" as county employees or through contract services. By statute, any person can submit a delinquency complaint for investigation by an intake officer (see A.C.A. 9-27-310). However, only prosecutors can file delinquency complaints with the court. Therefore, they make the final handling decisions, including the charges levied against an alleged offender. Local arrangements between designated juvenile intake officers and prosecutors regarding drafting petitions vary across Arkansas. In some jurisdictions, the prosecutor reviews legal documents prepared by the designated intake worker. In others, the prosecutor takes a more active role in screening referrals and drafting petitions.

Diversion
Prosecuting attorneys make diversion decisions after consulting with intake officers. Statute A.C.A. 9-27-323 outlines the conditions of diversion and limits options to non-judicial probation, participation in a court-approved education, counseling or treatment program, or participation in a court-approved teen court. Further, to qualify for diversion from court, youth must admit involvement in a delinquent act or agree they are a Family in Need of Services (FINS). Under the same statute, diversion agreements must not exceed six months.

As part of the diversion agreement, court intake officers may refer juveniles to services provided by contractors to the Department of Youth Services, including day treatment and intensive supervision and tracking. Day treatment services may also receive referrals directly from schools and parents of youth.

Predisposition Investigation
Designated juvenile probation officers are required to make appropriate investigations and report disposition recommendations to the court under A.C.A. 9-27-347. The code section covers the general subject areas that the report must address; however, local courts can impose additional requirements.

In an attempt to provide some statewide uniformity and structure to decision-making for disposition, the Arkansas Administrative Office of the Courts developed a risk assessment instrument to guide recommendations for disposition presented with the predisposition study. Statute 9-28-208 requires a completed risk assessment instrument to accompany any recommendations for commitment to state custody.

Victim Rights and Services
Arkansas Crime Victim Rights Law (16-90-1101 to 1115) extends rights to victims of certain crimes — offenses against minors, sex offenses, felonies resulting in physical injury, and felonies involving deadly weapons.

Under this law, victims generally have a right to privacy from public disclosure of their identity and a right to information from law enforcement and the prosecutor. They also have a right to be interviewed during the development of pre-sentence reports, to attend court hearings with an advocate or support person, and to prepare and present impact statements. However, some exceptions apply to victims of juvenile crime. For example, victims do not have a right to submit victim impact statements in juvenile proceedings, although the juvenile court may grant permission in individual cases.

In addition, victims of juvenile offenders are eligible to receive all of the services provided to victims of adult offenders, such as access to the Arkansas Victim Notification Program (VINE), an automated victim information 24-hour hotline. VINE excludes information about juvenile offenders, unless a youth is charged as an adult.

The Arkansas Crime Information Center provides detailed information concerning Arkansas victim rights in a Victim’s Guide, including information concerning juvenile court exceptions and procedures.

The Arkansas Attorney General administers the state’s Crime Victims Reparation Program. The program provides financial assistance to help victims pay expenses related to victimization, such as uninsured medical and dental costs and lost income.

Probation Supervision
Juvenile divisions of local circuit courts must support at least one juvenile "intake officer" and one "juvenile probation officer" as county employees or through contract services. Designated juvenile probation officers for each circuit court's juvenile division provide community supervision of youth placed on probation. The court orders the terms and conditions of probation, which are explained to the youth and his or her parents at an initial conference following the disposition hearing.

Various court service offices across the state have implemented a range of specialized community-based delinquency prevention and intervention programs using funds from federal Juvenile Justice and Delinquency Prevention formula grants. Programs include those that provide structure to youth during after-school hours, mentoring, family mediation, alternatives to secure detention, gender specific services for females, and alternatives to incarceration to reduce the overrepresentation of minorities in confinement.

The state Administrative Office of the Courts provides oversight for juvenile services in local courts, with standards, training requirements, and a statewide membership association.

Juvenile Probation Officer Qualifications, Certification, and Training
By statute, the state court certifies designated juvenile intake and probation officers after a four-week program administered by the Administrative Office of the Courts. Initial certification must be completed within one year of employment. Certification is required for the county to receive state subsidies for designated intake officer and juvenile probation officer positions. When counties meet this requirement, the state pays half of a certified officer's annual salary—up to $15,000 annually.

Each year, intake and juvenile probation officers must be re-certified in a skill test. No additional on-going training requirements exist beyond yearly re-certification.

Juvenile Corrections Continuum
The Division of Youth Services (DYS), within the Department of Human Services, administers juvenile correctional institutions for youth placed in its custody. The agency currently administers a medium-risk secure facility for males and contracts with private providers for a wide range of community-based services, specialized services, and residential programs for serious offenders. A comprehensive listing of DYS services, including community-based programs and those for serious offenders, is provided on the DYS web site.

State General Revenue, through the DYS budget, pays for DYS residential placements. However, Medicaid funds help pay the costs of residential treatment for youth who are Medicaid eligible.

Commitment to State
Youth are committed to the legal custody of the Division of Youth Services (DYS) for indeterminate periods not to exceed 2 years or the juvenile's 21st birthday, except where the court finds an extension necessary to safeguard the welfare of the juvenile or the public interest. In commitment orders, the court may recommend a certain DYS program or option, including a community-based program. However, the agency has the final authority for placement specifics. The court retains jurisdiction only if the commitment order includes a period of probation upon release. Case management or supervision services for youth in placement are otherwise provided through a community-based provider network that is directly linked to aftercare services provided in the state.

When entering an order for a DYS commitment, the court must consider the Administrative Office of the Court's Risk Assessment System for Arkansas Juvenile Offenders under A.C.A. 9-28-208 and 9-27-330, (a)(1)(B)(i). A copy of the completed risk assessment instrument must accompany orders for DYS commitment and considers items such as previous offenses, seriousness of offense, age at first adjudication, possession/use of a weapon, and previous out of home placements.

Blended Sentencing
Arkansas implemented a model of blended sentencing under the Extended Juvenile Jurisdiction Act (EJJ), effective July 1999. In cases where the EJJ designation is requested and granted and the youth is adjudicated delinquent, the juvenile court can impose a disposition and suspend a criminal sentence subject to review by the juvenile court. Juveniles age 12 and under at the time of the alleged offense are presumed incompetent both as to the fitness to proceed and criminal responsibility, and the prosecutor must overcome the presumption of incompetence by a preponderance of the evidence in order to proceed under EJJ. For a summary of Arkansas' blended sentencing provisions, click here.

Direct Placement
Circuit court juvenile divisions can transfer legal custody of a youth to a licensed agency responsible for the care of delinquent juveniles, outside of those managed through commitments to the Division of Youth Services. The court makes release decisions for direct placements and often may order probation to extend through the direct placement and afterwards for reentry. Aftercare is either provided as part of the placement service purchased from the agency or by the court ordering a period of probation to extend through the placement period and for a period of time when the youth returns home.

Release
The committing court may submit a written request for a youth to be released from Division of Youth Services (DYS) custody. However, by statute, the agency makes the final determination concerning the length of commitment and release. Upon release from a DYS commitment, the committing court only retains jurisdiction over the youth if the original commitment order includes an order for probation upon release.

Upon completing a DYS comprehensive treatment plan, a DYS contract provider for community services (see Aftercare) submits a release summary that outlines the juveniles’ progress in the program. The DYS Placement Unit considers the summary, makes the release decision, and completes the appropriate release paperwork for consideration by the DYS Director. The juvenile is released from custody upon the Director signing the appropriate

An exception for release authority exists. DYS does not have the power to release Extended Juvenile Jurisdiction (EJJ) juveniles who are serious offenders and under the jurisdiction of the committing court. In the case of EJJ cases, DYS petitions the court to release the juvenile in question.

Aftercare/Re-entry
The Division of Youth Services (DYS) has developed casework management services for youth committed to DYS facilities. Case managers maintain regular contact with the youth while in placement, develop release plans, and provide services to the families of youth in placement. They also serve as an advocate or liaison to the youth’s community while they are in placement. Case managers may also be called upon to provide transportation and supervision services. DYS has established a specialized casework management unit to provide these services for youth returning from DYS serious offender program placements.

DYS provides aftercare programming through community-based service contracts referred to as Supervised Transitional Living Services (STLS). DYS provides a system of graduated sanctions through STLS and a continuum of non-residential aftercare services that include day treatment, targeted case management, intensive supervision and tracking, drug screening, and crisis residential treatment. Where possible, restorative justice principles are required to be part of treatment programming. In addition to DYS aftercare services, the committing court may order a period of probation upon release.

Arkansas is participating in the Office of Justice Program's Serious and Violent Offender Reentry Initiative. For information about Arkansas' involvement, click here. By visiting the State Activities & Resources page, users can read about how other states are using their grants. Descriptions of programs for juveniles follow the descriptions of programs for adults, where applicable.

State Laws

Legal Resources
Arkansas Family Code, Title 9, Subtitle 3 contains the core of the statutes governing delinquency court proceedings and are available online on the Arkansas General Assembly web site by selecting "Research Resources," then "Arkansas Code."

While state court rules specific to juvenile court proceedings do not exist, the Arkansas Supreme Court issues orders that can impact juvenile court operations. The orders are available online on the Supreme Court's web site by selecting "Court Rules and Administrative Procedures." In addition to administrative procedures, local court rules may support the statute requirements with additional structure for delinquency and dependency cases in certain counties.

In addition to the online statute, the Arkansas Administrative Office of the Courts (AOC) publishes a Benchbook for the Circuit Court, Juvenile Division. The Benchbook is offered as a general resource guide for juvenile court practitioners and can be obtained by contacting the AOC at (501) 682-9400.

Arkansas Bar Association

Purpose Clauses
To read Arkansas' purpose clauses for delinquency proceedings and juvenile corrections, click here.

Delinquency Jurisdiction (as of the end of the 2005 legislative session)
Lower Age: 10
Upper Age: 17
Extended Age of Delinquency Jurisdiction: 20

Juvenile Transfer Laws
For information on Arkansas' juvenile transfer laws, click here.

Juvenile Justice Leadership

Arkansas Advocates for Children & Families
The Arkansas Advocates for Children & Families is a membership organization of youth advocates in the State.

Arkansas Coalition for Juvenile Justice
The Governor established the Arkansas Coalition for Juvenile Justice under the federal Juvenile Justice and Delinquency Prevention Act to guide the expenditure of State and federal funds for juvenile justice. The Division of Youth Services provides staff support to the Coalition.

Arkansas Judicial Council's Committee for Juvenile Justice
The Arkansas Judicial Council, Inc. has a standing Committee for Juvenile Justice to organize the juvenile court bench for positions on policy issues affecting juvenile justice. For more information, contact the Arkansas Administrative Office of the Courts at (501) 682-9400.

Arkansas Juvenile Officers Association
The Arkansas Juvenile Officers Association is a membership of juvenile intake and probation officers across the state. It provides standards for practice in the state for intake officers and juvenile probation officers in concert with the Arkansas Judicial Council. For more information, contact the Arkansas Administrative Office of the Courts at (501) 682-9400.

Arkansas Youth Service Providers Association
The AYSPA is composed of all youth service provider agencies in Arkansas who contract with the Division of Youth Services to provide aftercare, interstate compact, and alternative services to the court

Resources/Contacts
Arkansas Advocates for Children & Families
Arkansas Bar Association
Arkansas Coalition for Juvenile Justice
Arkansas Crime Information Center
Arkansas General Assembly
Arkansas Judiciary
Division of Youth Services
State Attorney General

Cassondra Williams
Juvenile Justice Specialist
Department of Human Services
P.O. Box 1437, Slot 450
Little Rock, AR 72203-1437
Phone: (501) 682-1339
cassondra.williams@arkansas.gov

The National Center for Juvenile Justice strives to make each State Profile as accurate as possible. Please bring any errors, updates, or additions to the attention of the State Profiles project manager. Persons listed as state contacts are not responsible for information contained in these profiles.

© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice

Citation: National Center for Juvenile Justice. 2006. "Arkansas." State Juvenile Justice Profiles. Pittsburgh, PA: NCJJ. Online. Available: http://www.ncjj.org/stateprofiles/.