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16-13-703. Imprisonment.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-13-703. Imprisonment.
(a) When a defendant sentenced to pay a fine defaults in the payment thereof, or of any installment, the court, upon its own motion or that of the prosecuting attorney, may require him or her to show cause why he or she should not be imprisoned for nonpayment.
(b) The court may issue a warrant of arrest or summons for his or her appearance.
(c)(1) Unless the defendant 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 in the county jail or other authorized institution designated by the court until the fine or specified part thereof is paid.
(2)(A) The period of imprisonment shall not exceed one (1) day for each forty dollars ($40.00) of the fine, thirty (30) days if the fine was imposed upon conviction of a misdemeanor, or one (1) year if the fine was imposed upon conviction of a felony, whichever is the shorter period.
(B) The total amount of fines owed shall not automatically be reduced by the period of imprisonment, but the court may credit forty dollars ($40.00) for each day of imprisonment against the total fine, excluding any amount owed for restitution, the defendant has been sentenced to pay.
(3) This subsection is in addition to the revocation options contained in § 16-93-308.
(d) If the court determines that the default in payment of the fine is not attributable to the causes specified in subsection (c) of this section, the court may enter an order allowing the defendant additional time for payment, reducing the amount of each installment, or revoking the fine or the unpaid portion thereof in whole or in part.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-13-703
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-13-703
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a068bd7235e371b5f953a9ef2501928d64706bebf81c2bfb433cc98e16c7045b
Source location: content.xml paragraph 4785
Stored source content
16-13-703. Imprisonment.
(a) When a defendant sentenced to pay a fine defaults in the payment thereof, or of any installment, the court, upon its own motion or that of the prosecuting attorney, may require him or her to show cause why he or she should not be imprisoned for nonpayment.
(b) The court may issue a warrant of arrest or summons for his or her appearance.
(c)(1) Unless the defendant 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 in the county jail or other authorized institution designated by the court until the fine or specified part thereof is paid.
(2)(A) The period of imprisonment shall not exceed one (1) day for each forty dollars ($40.00) of the fine, thirty (30) days if the fine was imposed upon conviction of a misdemeanor, or one (1) year if the fine was imposed upon conviction of a felony, whichever is the shorter period.
(B) The total amount of fines owed shall not automatically be reduced by the period of imprisonment, but the court may credit forty dollars ($40.00) for each day of imprisonment against the total fine, excluding any amount owed for restitution, the defendant has been sentenced to pay.
(3) This subsection is in addition to the revocation options contained in § 16-93-308.
(d) If the court determines that the default in payment of the fine is not attributable to the causes specified in subsection (c) of this section, the court may enter an order allowing the defendant additional time for payment, reducing the amount of each installment, or revoking the fine or the unpaid portion thereof in whole or in part.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-308. Probation generally — Revocation — Definition.
(a)(1) At any time before the expiration of a period of suspension of sentence or probation, a court may summon a defendant on probation or who is serving a suspended imposition of sentence to appear before the court or may issue a warrant for the defendant's arrest.
(2) The warrant may be executed by any law enforcement officer.
(b)(1) At any time before the expiration of a period of suspension of sentence or probation, any law enforcement officer may arrest a defendant on probation or serving a suspended imposition of sentence without a warrant if the law enforcement officer has reasonable cause to believe that the defendant:
(A) Has failed to comply with a condition of his or her suspension of sentence or probation; or
(B) Is exhibiting behavior that can be construed to be a threat to:
(i) Abscond from supervision; or
(ii) Not comply with an intermediate sanction under § 16-93-306(d) or § 16-93-309(a)(4).
(2) If a defendant on probation is arrested by a probation officer employed by the Division of Community Correction for a violation of the defendant's probation and taken to a county jail for a reason listed under subdivision (b)(1)(B) of this section, the state shall reimburse the county for the costs of incarceration at the prevailing rate of reimbursement.
(c)(1) A defendant arrested for violation of suspension of sentence or probation shall be taken immediately before the court that suspended imposition of sentence or, if the defendant was placed on probation, before the court supervising the probation, or, if the defendant is subject to administrative probation sanction under § 16-93-306(d), to the appropriate authority in the Division of Community Correction if practicable or, if trans
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-308
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-93-308. This identifies an authority to review, not proof of applicability.