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16-93-308. Probation generally — Revocation — Definition.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-93-308
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 63e498814f04b0fde480bc13e29627cc996a8db8672f0f01e7d2bc42c286b582
Source location: content.xml paragraph 37959
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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 transport to an appropriate authority of the Division of Community Correction is not practicable, then to the county jail.
(2) If a defendant subject to administrative probation sanction is transported to a county jail, then the county shall be reimbursed at the daily prevailing rate for the costs of incarceration.
(d) If a court finds by a preponderance of the evidence that the defendant has inexcusably failed to comply with a condition of his or her suspension of sentence or probation, the court may revoke the suspension of sentence or probation at any time prior to the expiration of the period of suspension of sentence or probation.
(e) A finding of failure to comply with a condition of suspension of sentence or probation as provided in subsection (d) of this section may be punished as contempt under § 16-10-108.
(f) A court may revoke a suspension of sentence or probation subsequent to the expiration of the period of suspension of sentence or probation if before expiration of the period:
(1) The defendant is arrested for violation of suspension of sentence or probation;
(2) A warrant is issued for the defendant's arrest for violation of suspension of sentence or probation;
(3) A petition to revoke the defendant's suspension of sentence or probation has been filed if a warrant is issued for the defendant's arrest within thirty (30) days of the date of filing the petition; or
(4) The defendant has been:
(A) Issued a citation in lieu of arrest under Rule 5 of the Arkansas Rules of Criminal Procedure for violation of suspension of sentence or probation; or
(B) Served a summons under Rule 6 of the Arkansas Rules of Criminal Procedure for violation of suspension of sentence or probation.
(g)(1)(A) If a court revokes a defendant's suspension of sentence or probation, the court may enter a judgment of conviction and may impose any sentence on the defendant that might have been imposed originally for the offense of which he or she was found guilty.
(B) However, any sentence to pay a fine or of imprisonment, when combined with any previous fine or imprisonment imposed for the same offense, shall not exceed the limits of § 5-4-201 or § 5-4-401, or if applicable, § 5-4-501.
(2)(A) As used in this subsection, “any sentence” includes the extension of a period of suspension of sentence or probation.
(B) If an extension of suspension of sentence or probation is made upon revocation, the court is not deprived of the ability to revoke the suspension of sentence or probation again if the defendant's conduct again warrants revocation.
(h)(1) A court shall not revoke a suspension of sentence or probation because of a person's inability to achieve a high school diploma, high school equivalency diploma approved by the Adult Education Section, or gainful employment.
(2)(A) However, the court may revoke a suspension of sentence or probation if the person fails to make a good faith effort to achieve a high school diploma, high school equivalency diploma approved by the Adult Education Section, or gainful employment.
(B) As used in this section, “good faith effort” means a person:
(i) Has been enrolled in a program of instruction leading to a high school diploma or a high school equivalency diploma approved by the Adult Education Section and is attending a school or an adult education course; or
(ii) Is registered for employment and enrolled and participating in an employment-training program with the purpose of obtaining gainful employment.
(i)(1)(A) Except as provided for in subdivision (i)(2) of this section, if a defendant on probation is subject to a revocation hearing under this subchapter or an administrative probation sanction for a technical conditions violation or a serious conditions violation, the defendant on probation is subject to confinement according to the time periods set out in § 16-93-306(d) and § 16-93-309(a)(4) without having his or her probation revoked.
(B)(i) A defendant on probation is subject to having his or her probation revoked and being sentenced to the Division of Correction or the Division of Community Correction for a subsequent violation of his or her probation if the defendant has been confined six (6) times under § 16-93-306(d).
(ii) After a defendant on probation has been confined two (2) times under either § 16-93-306(d) or § 16-93-309(a)(4) for any combination of a technical conditions violation or serious conditions violation for any period of time, the defendant on probation is subject to having his or her probation revoked and being sentenced to the Division of Correction or the Division of Community Correction for a subsequent violation of his or her probation.
(2)(A) A defendant is subject to having his or her probation revoked under this section for a technical conditions violation or a serious conditions violation without having been sanctioned for a period of confinement set out under § 16-93-306(d) or § 16-93-309(a)(4) if upon the filing of a petition in the court with jurisdiction the Division of Community Correction or the prosecuting attorney proves by a preponderance of the evidence that the defendant is engaging in or has engaged in behavior that poses a threat to the community.
(B) If a prosecuting attorney alleges a technical conditions violation or a serious conditions violation under subdivision (i)(2)(A) of this section and meets the standard established under subdivision (i)(2)(A) of this section, the court may revoke the defendant's probation and sentence him or her to a period of time exceeding the time periods set out under § 16-93-306(d) or § 16-93-309(a)(4).
(3) A period of confinement that a defendant on probation serves for a probation violation but before being administratively sanctioned or sanctioned by the circuit court shall not count as a period of confinement for the purposes of the aggregate number of periods of confinement under this subsection or under § 16-93-306(d)(3)(E)(ii)(a) , nor shall the number of days of confinement count toward the total accumulation of days of confinement as set forth in § 16-93-306(d)(3)(E)(ii)(b) .
(j) To the extent that a participant in a specialty court program is subject to this section, any period of confinement ordered by the specialty court is not subject to the accumulation of sanctions under subsection (i) of this section, nor is a specialty court program bound by the time periods under § 16-93-306(d) or § 16-93-309(a)(4).
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-10-108. Contempt.
(a) Every court of record shall have power to punish, as for criminal contempt, persons guilty of the following acts and no others:
(1) Disorderly, contemptuous, or insolent behavior committed during the court's sitting, in its immediate view and presence, and directly tending to interrupt its proceedings or to impair the respect due to its authority;
(2) Any breach of the peace, noise, or disturbance directly tending to interrupt its proceedings;
(3) Willful disobedience of any process or order lawfully issued or made by it;
(4) Resistance willfully offered by any person to the lawful order or process of the court; and
(5) The contumacious and unlawful refusal of any person to be sworn as a witness and when so sworn a similar refusal to answer any legal and proper interrogatory.
(b)(1) Punishment for contempt is a Class C misdemeanor.
(2) A court shall always have power to imprison until its adjournment.
(3) When any person is committed to prison for the nonpayment of any such fine, he or she shall be discharged at the expiration of thirty (30) days.
(c) Contempts committed in the immediate view and presence of the court may be punished summarily. In other cases, the party charged shall be notified of the accusation and shall have a reasonable time to make his or her defense.
(d)(1) Whenever any person is committed for a contempt under the provisions of this section, the substance of his or her offense shall be set forth in the order or warrant of commitment.
(2) Nothing in subdivision (d)(1) of this section shall be construed to extend to any proceedings against parties or officers, as for contempt, for the purpose of enforcing any civil right or remedy.
(e) A person punished for contempt under subsections (a)-(d) of this
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-10-108
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 16-10-108. This identifies an authority to review, not proof of applicability.
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. The source passage cites 16-93-306. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-309. Probation generally — Revocation hearing — Sentence alternatives — Sanctions.
(a) Following a revocation hearing held under § 16-93-307 and in which a defendant on probation or who is serving a suspended imposition of sentence has been found guilty or has entered a plea of guilty or nolo contendere, the court may:
(1) Continue the period of suspension of sentence or continue the period of probation;
(2) Lengthen the period of suspension of sentence or the period of probation within the limits set by § 5-4-306;
(3) Increase the fine within the limits set by § 5-4-201;
(4)(A) Impose a period of confinement to be served during the period of suspension of sentence or period of probation.
(B)(i) A period of confinement ordered under subdivision (a)(4)(A) of this section resulting from a technical conditions violation or serious conditions violation of probation shall be for the following periods, subject to subsection (b) of this section and § 16-93-308(i)(2)(A), before the defendant on probation is released and returned to probation:
(a) Up to ninety (90) days' confinement for a technical conditions violation; and
(b) Exactly one hundred eighty (180) days' confinement for a serious conditions violation.
(ii) Any time in custody for which the defendant is held before a period of confinement is ordered by the court under subdivision (a)(4)(A) of this section shall not be credited to the overall period of confinement ordered under this subdivision (a)(4) or toward the maximum number of periods of confinement or the maximum number of days authorized under § 16-93-306(d)(3)(E).
(C) The periods of confinement under subdivision (a)(4)(B) of this section are not available to a person serving a suspended imposition of sentence; or
(5) Impose any cond
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-309
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 16-93-309. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-201. Fines — Limitations on amount.
(a) A defendant convicted of a felony may be sentenced to pay a fine:
(1) Not exceeding fifteen thousand dollars ($15,000) if the conviction is of a Class A felony or Class B felony;
(2) Not exceeding ten thousand dollars ($10,000) if the conviction is of a Class C felony or Class D felony; or
(3) In accordance with a limitation of the statute defining the felony if the conviction is of an unclassified felony.
(b) A defendant convicted of a misdemeanor may be sentenced to pay a fine:
(1) Not exceeding two thousand five hundred dollars ($2,500) if the conviction is of a Class A misdemeanor;
(2) Not exceeding one thousand dollars ($1,000) if the conviction is of a Class B misdemeanor;
(3) Not exceeding five hundred dollars ($500) if the conviction is of a Class C misdemeanor; or
(4) In accordance with a limitation of the statute defining the misdemeanor if the conviction is of an unclassified misdemeanor.
(c) A defendant convicted of a violation may be sentenced to pay a fine:
(1) Not exceeding one hundred dollars ($100) if the violation is defined by the Arkansas Criminal Code or defined by a statute enacted subsequent to January 1, 1976, that does not prescribe a different limitation on the amount of the fine; or
(2) In accordance with a limitation of the statute defining the violation if that statute prescribes limitations on the amount of the fine.
(d)(1) Notwithstanding a limit imposed by this section, if the defendant has derived pecuniary gain from commission of an offense, then upon conviction of the offense the defendant may be sentenced to pay a fine not exceeding two (2) times the amount of the pecuniary gain.
(2) As used in this subsection, “pecuniary gain” means the amount of money or the val
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-201
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 5-4-201. This identifies an authority to review, not proof of applicability.