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16-93-309. Probation generally — Revocation hearing — Sentence alternatives — Sanctions.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-93-309
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1cca08984fd23050e5983849ffda755fe8af521adc39eadfd7523897b13bc9c0
Source location: content.xml paragraph 38273
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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 conditions that could have been imposed upon conviction of the original offense.
(b)(1) A period of confinement under subdivision (a)(4) of this section may be reduced by the Division of Correction or the Division of Community Correction for good behavior and successful program completion.
(2) A period of confinement shall not be reduced under subdivision (a)(4) of this section for more than fifty percent (50%) of the total time of confinement ordered to be served.
(3) A period of confinement under subdivision (a)(4) of this section shall not be reduced by any time served by the defendant while he or she awaits a court hearing to challenge the imposition of the sanction.
(c)(1) If a defendant is in custody awaiting a hearing under this section for a technical conditions violation or a serious conditions violation, the hearing shall be conducted as soon as practicable but no later than thirty (30) business days from the date the defendant was taken into custody.
(2) If a defendant on probation is in custody in a county jail awaiting a hearing to challenge the imposition of a sanction under subdivision (a)(4) of this section, the state shall reimburse the county for the costs of incarceration at the prevailing rate of reimbursement.
(d) Following a revocation hearing in which a defendant is ordered to continue on a period of suspension of sentence or a period of probation, upon finding the defendant guilty at a subsequent revocation hearing, the court may:
(1) Revoke the suspension of sentence or period of probation; and
(2) Sentence the defendant to incarceration in the Division of Correction.
(e) If the suspension of sentence or probation of a defendant is subsequently revoked and the defendant is sentenced to a term of imprisonment, any period of time actually spent in confinement due to the original revocation shall be credited against the subsequent sentence.
(f) The location of the appropriate confining facility in which a defendant serves a period of confinement for a technical conditions violation or a serious conditions violation shall be determined by the Board of Corrections.
(g) Noncompliance with program requirements approved by the board or violent or sexual behavior while confined for a technical conditions violation or serious conditions violation under this section may result in revocation of the defendant's probation for a period of time exceeding the limitations of subdivision (a)(4) of this section, up to and including the time remaining on the defendant's original sentence.
(h) 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 periods of confinement required under subdivision (a)(4) of this section.
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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.
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.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-306. Time period generally.
If a court suspends imposition of sentence on a defendant or places him or her on probation, the period of suspension or probation shall be for a definite period of time not to exceed the maximum jail or prison sentence allowable for the offense charged.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-306
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 5-4-306. This identifies an authority to review, not proof of applicability.