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16-90-1404. Definitions.

Arkansas Code — all titles (historical 2020) · legal_authorities

16-90-1404. Definitions.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1404

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:16-90-1404
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 144331393f07a490ac77d07d8c5bfc932b94720b3c4ab32e6f65220e03d17cc9

Source location: content.xml paragraph 35884

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16-90-1404. Definitions. As used in this subchapter: (1) “Completion of a person's sentence” means that the person, after being found guilty: (A) Paid his or her fine, court costs, or other monetary obligation as defined in § 16-13-701 in full, unless the obligation has been excused by the sentencing court; (B) Served any time in county or regional jail, a Division of Community Correction facility, or a Division of Correction facility in full; and (C) If applicable: (i) Has been discharged from probation or parole; (ii) Completed any suspended sentence; (iii) Paid any court-ordered restitution; (iv) Completed any court-ordered community service; (v) Paid any driver's license suspension reinstatement fees, if a driver's license suspension reinstatement fee was assessed as a result of the person's arrest, plea of guilty or nolo contendere, or a finding of guilt for the offense; (vi) Completed all other driver's license reinstatement requirements, if a driver's license suspension was imposed as a result of the person's arrest, plea of guilty or nolo contendere, or a finding of guilt for the offense; and (vii) Completed any vocational or technical education or training program that was required as a condition of the person's parole or probation; (2) “Conviction”: (A) Includes the following, after the final act of judgment: (i) A plea of guilty or nolo contendere, unless entered pursuant to court-ordered probation described in subdivision (2)(B)(iv) of this section, by a person formally charged with an offense; (ii) A finding of guilt, unless entered pursuant to court-ordered probation described in subdivision (2)(B)(iv) of this section, by a judge or jury after a trial; (iii) A finding of guilt, unless entered pursuant to court-ordered probation described in subdivision (2)(B)(iv) of this section, after entry of a plea of nolo contendere; (iv) A sentence of supervised probation on a felony charge; (v) A suspended imposition of sentence, as defined in § 16-93-1202, with a fine; (vi) A sentence under § 16-93-1201 et seq.; (vii) A suspended sentence that is revocable and can subject the person to incarceration or a fine, or both; or (viii) A finding of guilt of a person whose case proceeded under § 16-93-301 et seq., and who violated the terms and conditions of § 16-93-301 et seq.; and (B) Does not include: (i) An order nolle prosequi; (ii) A suspended imposition of sentence, as defined in § 16-93-1202, with no fine; (iii) An acquittal for any reason; (iv) An order that the defendant enter a diversionary program that requires him or her to accomplish certain court-ordered objectives but that does not result in a finding of guilt if the program is successfully completed; (v) A court-ordered probationary period under: (a) The former § 5-64-413; or (b) Section 16-93-301 et seq.; (vi) The entry of a plea of guilty or nolo contendere without the court's making a finding of guilt or entering a judgment of guilt with the consent of the defendant or the resultant dismissal and discharge of the defendant as prescribed by § 16-93-301 et seq.; (vii) The entry of a directed verdict by a court at trial; or (viii) The dismissal of a charge either with or without prejudice; (3) “Court” means a sentencing district court or sentencing circuit court, unless otherwise specifically identified; (4)(A) “Seal” means to expunge, remove, sequester, and treat as confidential the record or records in question according to the procedures established by this subchapter. (B) “Seal” does not include the physical destruction of a record of a conviction unless this subchapter requires the physical destruction of the record of a conviction; (5) “Sentence” means the outcome formally entered by a court upon a person in criminal proceedings; (6) “Sex offense” means: (A) The same as defined in § 12-12-903; and (B) A felony offense repealed by Acts 2001, No. 1738; (7) “Uniform order” means a uniform order to seal a record described in § 16-90-1414; and (8) “Uniform petition” means a uniform petition to seal a record described in § 16-90-1414.

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Arkansas Code — all titles (historical 2020) · legal_authorities

16-13-701. Scope — Definition.

16-13-701. Scope — Definition. (a) The procedures established by this subchapter shall apply to the assessment and collection of all fines, however designated, imposed by circuit courts and district courts for criminal convictions, traffic convictions, civil violations, and juvenile delinquency adjudications and shall be utilized to obtain prompt and full payment of all fines. (b) As used in this subchapter, “fine” means a monetary penalty imposed by a court, including without limitation: (1) A monetary fine; (2) Court costs; (3) Court-ordered restitution; (4) Probation fees; (5) Supervision fees; (6) Public service supervisory fees; and (7) Other court-ordered fees.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-13-701

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 16-13-701. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

16-93-1201. Findings and determinations.

16-93-1201. Findings and determinations. (a) The State of Arkansas hereby finds that the cost of incarcerating the ever-increasing numbers of offenders in traditional penitentiaries is skyrocketing, bringing added fiscal pressures on state government, and that some inmates can be effectively punished, with little risk to the public, in a more affordable manner through the use of community correction programs and nontraditional facilities. (b) As a result of the rising cost of traditional incarceration, the state finds that the purpose of corrections in Arkansas is twofold: (1) “Community correction”, defined as both nontraditional correction centers and nonresidential community corrections, including supervision on probation, parole, and transfer, is charged with the provision of correction focused on promoting offender accountability and the supervision of offenders at appropriate levels to promote public safety; and (2)(A) “Institutions”, defined as traditional prison beds, are charged with the appropriate incapacitation of high risk offenders. (B) “Incapacitation” involves traditional aspects of incarceration coupled with highly supervised community correction when appropriate. (C) “High risk” is defined as those convicted of the most serious offenses, those who have longer criminal histories, and those who have repeatedly failed to comply with conditions imposed under less restrictive sanctions. (c) Furthermore, the state determines that services designed to address offender needs must be integrated into the framework of both institutions and community correction programs and must be balanced with supervision and correction such that the community is repaid for the offense, public safety is promoted through supervision, and the offender is assisted in

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-1201

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 16-93-1201. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

16-93-1202. Definitions.

16-93-1202. Definitions. As used in this subchapter: (1) “Board” means the Board of Corrections; (2) “Community correction” means: (A) Probation, a judicially imposed criminal sanction permitting varying levels of supervision of eligible offenders in the community; (B) Economic sanctions programs, including an active organized collection of fees, fines, restitution, day fines, day reporting centers, and penalties attached for nonpayment of fines; (C) Home detention programs, ranging from curfew programs to house arrest with and without electronic monitoring; (D) Community service programs, including both supervised and unsupervised work assignments and projects such that offenders provide substantial labor benefit to the community; (E) Work-release programs, including residential and nonresidential forms of labor, with salary, in the community; (F) Restitution programs, an organized collection and dissemination of restitution by a designated entity within the community correction range of services, including, when necessary, the use of restitution centers such that the offender is held accountable and the victim receives restitution ordered by the court in a timely fashion; (G)(i) Community correction facilities, multipurpose facilities encompassing security, correction, and services such that offenders can be housed therein when necessary but can also be assigned to or access correction programs and services which are housed there. (ii) Included therein are revocation centers, restitution centers, work-release centers, and community correction centers; (H) Boot camps, highly regimented programs encompassing strict discipline, education, treatment, and counseling designed to have the greatest positive impact on the offender in the shortest period

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-1202

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 16-93-1202. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

16-93-301. Definitions.

16-93-301. Definitions. As used in this subchapter, “sealing” means the procedure and effect as defined in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-301

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 16-93-301. This identifies an authority to review, not proof of applicability.