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16-93-306. Probation generally — Supervision.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-306. Probation generally — Supervision.
(a)(1) The Director of the Division of Community Correction with the advice of the Board of Corrections shall establish written policies and procedures governing the supervision of probationers designed to enhance public safety and to assist the probationers in integrating into society.
(2)(A) The supervision of probationers shall be based on evidence-based practices, including a validated risk-needs assessment.
(B) Decisions shall target the probationer's criminal risk factors with appropriate supervision and treatment.
(3) The Division of Community Correction shall assume supervisory responsibilities over a probationer when the circuit court pronounces the probationer's sentence in the courtroom or upon the entry of a sentencing order, whichever occurs first.
(b) A probation officer shall:
(1) Investigate all cases referred to him or her by the director, the sentencing judge, or the prosecuting attorney;
(2) Furnish to each probationer under his or her supervision a written statement of the conditions of probation and instruct the probationer that he or she is required to stay in compliance with the conditions of probation or risk revocation under § 16-93-308;
(3) Develop a case plan for each individual who is assessed as a moderate to high risk to reoffend based on the risk and needs assessment that targets the criminal risk factors identified in the assessment, is responsive to individual characteristics, and provides supervision of offenders according to that case plan;
(4) Stay informed of the probationer's conduct and condition through visitation, required reporting, or other methods, and report to the sentencing court of that information upon request;
(5) Use practicable and suitable methods that
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-306
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:16-93-306
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a4c6c7702cb62bc708e3cfa87a1a9bbda4bdb2c634a793802881bbd364a9b587
Source location: content.xml paragraph 37743
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16-93-306. Probation generally — Supervision.
(a)(1) The Director of the Division of Community Correction with the advice of the Board of Corrections shall establish written policies and procedures governing the supervision of probationers designed to enhance public safety and to assist the probationers in integrating into society.
(2)(A) The supervision of probationers shall be based on evidence-based practices, including a validated risk-needs assessment.
(B) Decisions shall target the probationer's criminal risk factors with appropriate supervision and treatment.
(3) The Division of Community Correction shall assume supervisory responsibilities over a probationer when the circuit court pronounces the probationer's sentence in the courtroom or upon the entry of a sentencing order, whichever occurs first.
(b) A probation officer shall:
(1) Investigate all cases referred to him or her by the director, the sentencing judge, or the prosecuting attorney;
(2) Furnish to each probationer under his or her supervision a written statement of the conditions of probation and instruct the probationer that he or she is required to stay in compliance with the conditions of probation or risk revocation under § 16-93-308;
(3) Develop a case plan for each individual who is assessed as a moderate to high risk to reoffend based on the risk and needs assessment that targets the criminal risk factors identified in the assessment, is responsive to individual characteristics, and provides supervision of offenders according to that case plan;
(4) Stay informed of the probationer's conduct and condition through visitation, required reporting, or other methods, and report to the sentencing court of that information upon request;
(5) Use practicable and suitable methods that are consistent with evidence-based practices to aid and encourage a probationer to improve his or her conduct and condition and to reduce the risk of recidivism;
(6)(A) Conduct a validated risk-needs assessment of the probationer, including without limitation criminal risk factors and specific individual needs.
(B) The actuarial assessment shall include an initial screening and, if necessary, a comprehensive assessment.
(C) The results of the risk-needs assessment shall assist in making decisions that are consistent with evidence-based practices on the type of supervision and services necessary to each parolee; and
(7) Receive annual training on evidence-based practices and criminal risk factors, as well as instruction on how to target these factors to reduce recidivism.
(c)(1) The Division of Community Correction shall allocate resources, including the assignment of probation officers, to focus on moderate-risk and high-risk offenders as determined by the actuarial assessment provided in subdivision (b)(6) of this section.
(2) The Division of Community Correction shall require public and private treatment and service providers that receive state funds for the treatment of or service for probationers to use evidence-based programs and practices.
(d)(1) The Division of Community Correction shall have the authority to sanction probationers administratively without utilizing the revocation process under § 16-93-307.
(2)(A) The Division of Community Correction shall develop an intermediate sanctions procedure and grid to guide a probation officer in determining the appropriate response to a violation of conditions of supervision.
(B) Intermediate sanctions administered by the Division of Community Correction are required to conform to the sanctioning grid.
(3) Intermediate sanctions shall include without limitation:
(A) Day reporting;
(B) Community service;
(C) Increased substance abuse screening and or treatment;
(D) Increased monitoring, including electronic monitoring and home confinement; and
(E)(i) Incarceration in a county jail for no more than seven (7) days or incarceration in a Division of Community Correction or Division of Correction facility for no more than one hundred eighty (180) days.
(ii)(a) Incarceration as an intermediate sanction shall not be used more than six (6) times with an individual probationer.
(b) A probationer shall accumulate no more than thirty (30) days' incarceration in a county jail or no more than three hundred sixty (360) days' incarceration in a Division of Community Correction or Division of Correction facility as an intermediate sanction before the probation officer recommends a violation of the person's probation under § 16-93-307.
(c) A probationer is subject to a period of incarceration of:
(1) Up to ninety (90) days in a Division of Community Correction or Division of Correction facility for a technical conditions violation; and
(2) Exactly one hundred eighty (180) days in a Division of Community Correction or Division of Correction facility for a serious conditions violation. (d) A probationer may not be incarcerated more than two (2) times as a probation sanction in a Division of Community Correction or Division of Correction facility. (4) The Division of Community Correction shall notify the prosecuting attorney in writing when a probationer has been incarcerated due to an administrative sanction under this subsection and shall include an explanation of the cause for incarceration as well as the result of the sanction, if applicable.
(e) Any time in custody for which the probationer is held before a period of incarceration under this section is administered shall not count as a period of incarceration ordered under subdivision (d)(3)(E)(ii)(a) of this section or toward the total accumulation of days of incarceration as set forth in subdivision (d)(3)(E)(ii)(b) of this section.
(f) A sanction under this section is not available to a person serving a suspended imposition of sentence.
(g) A period of incarceration under this section:
(1) May be reduced by the Division of Correction or the Division of Community Correction for good behavior and successful program completion; and
(2) Shall not be reduced under this section for more than fifty percent (50%) of the total time of incarceration ordered to be served.
(h)(1)(A) A probationer subject to an administrative probation sanction under subsection (d) of this section does not have the right to an attorney at the administrative probation sanction but may elect instead to have a probation sanction heard in circuit court as provided in this subchapter and in which he or she has the right to an attorney.
(B) This subsection does not prohibit a probationer from conferring with a privately retained attorney during the administrative probation sanction process.
(2)(A) The Division of Community Correction shall inform the probationer who is subject to a probation sanction under this section in writing that he or she may elect to have the probation sanction heard in circuit court.
(B) If the probationer elects to have his or her probation sanction heard in circuit court, the Division of Community Correction shall notify the prosecuting attorney and cause a petition to hear the probation sanction to be filed in the circuit court within ten (10) days of the election.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-307. Probation generally — Revocation hearings.
(a)(1) A defendant arrested for violation of suspension or probation is entitled to a preliminary hearing to determine whether there is reasonable cause to believe that he or she has violated a condition of suspension or probation.
(2) The preliminary hearing shall be conducted by a court having original jurisdiction to try a criminal matter as soon as practicable after arrest and reasonably near the place of the alleged violation or arrest.
(3) The defendant shall be given prior notice of the:
(A) Time and place of the preliminary hearing;
(B) Purpose of the preliminary hearing; and
(C) Condition of suspension or probation the defendant is alleged to have violated.
(4) Except as provided in subsection (c) of this section, the defendant has the right to hear and controvert evidence against him or her and to offer evidence in his or her own behalf.
(5)(A) If the court conducting the preliminary hearing finds that there is reasonable cause to believe that the defendant has violated a condition of suspension or probation, it may order the defendant to be detained or it may return the defendant to supervision and may consider imposing one (1) or more intermediate sanctions in the sanctioning grid pending further revocation proceedings before the court that originally suspended imposition of sentence on the defendant or placed him or her on probation.
(B)(i) If the court conducting the preliminary hearing does not find reasonable cause, it shall order the defendant released from custody.
(ii) However, a release under subdivision (a)(5)(B)(i) of this section does not bar the court that suspended imposition of sentence on the defendant or placed him or her on probation from holding a hearing on the alleg
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-307
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 16-93-307. This identifies an authority to review, not proof of applicability.
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.