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16-93-310. Probation generally — Revocation — Community correction program.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-310. Probation generally — Revocation — Community correction program.
(a) When a person sentenced under a community correction program, § 5-4-312, violates any terms or conditions of his or her sentence or term of probation, revocation of the sentence or term of probation shall be consistent with the procedures under this subchapter.
(b) Upon revocation, the court of jurisdiction shall determine whether the offender shall remain under the jurisdiction of the court and be assigned to a more restrictive community correction program, facility, or institution for a period of time or committed to the Division of Community Correction.
(c)(1) If committed to the Division of Correction, the court shall specify if the commitment is for judicial transfer of the offender to the Division of Community Correction or is a regular commitment.
(2)(A) The court shall commit the eligible offender to the custody of the Division of Correction under this subchapter for judicial transfer to the Division of Community Correction subject to the following:
(i) That the sentence imposed provides that the offender shall serve no more than three (3) years of confinement, with credit for meritorious good time, with initial placement in a Division of Community Correction facility; and
(ii) That the initial placement in the Division of Community Correction is conditioned upon the offender's continuing eligibility for Division of Community Correction placement and the offender's compliance with all applicable rules established by the Board of Corrections for community correction programs.
(B) Post-prison supervision shall accompany and follow community correction programming when appropriate.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-310
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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Record provenance
Stable record: arkansas_code:legal_authorities:16-93-310
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 920489d498a94663ea9175f1eed216afb1de9f8c3e731b83d8f8994ae7595aa1
Source location: content.xml paragraph 38311
Stored source content
16-93-310. Probation generally — Revocation — Community correction program.
(a) When a person sentenced under a community correction program, § 5-4-312, violates any terms or conditions of his or her sentence or term of probation, revocation of the sentence or term of probation shall be consistent with the procedures under this subchapter.
(b) Upon revocation, the court of jurisdiction shall determine whether the offender shall remain under the jurisdiction of the court and be assigned to a more restrictive community correction program, facility, or institution for a period of time or committed to the Division of Community Correction.
(c)(1) If committed to the Division of Correction, the court shall specify if the commitment is for judicial transfer of the offender to the Division of Community Correction or is a regular commitment.
(2)(A) The court shall commit the eligible offender to the custody of the Division of Correction under this subchapter for judicial transfer to the Division of Community Correction subject to the following:
(i) That the sentence imposed provides that the offender shall serve no more than three (3) years of confinement, with credit for meritorious good time, with initial placement in a Division of Community Correction facility; and
(ii) That the initial placement in the Division of Community Correction is conditioned upon the offender's continuing eligibility for Division of Community Correction placement and the offender's compliance with all applicable rules established by the Board of Corrections for community correction programs.
(B) Post-prison supervision shall accompany and follow community correction programming when appropriate.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-312. Presentence investigation — Placement in a community correction program.
(a)(1) A court may require that either a presentence investigation be conducted by either the probation officer or presentence investigation officer assigned to the court or that the defense counsel of a defendant, the prosecuting attorney, a probation officer, and other persons whom the court believes have information relevant to the sentencing of the defendant submit to the court the information in writing prior to sentencing.
(2) The presentence investigation or information submitted by the persons described in subdivision (a)(1) of this section shall be forwarded with the commitment order to the circuit clerk and retained in the defendant's case file.
(b) Upon a preliminary determination by a court that a defendant is an eligible offender and that placement in a community correction program under § 16-93-1201 et seq. is proper, the court may:
(1)(A) Suspend the imposition of the sentence or place the defendant on probation, under § 5-4-104, § 5-4-201 et seq., §§ 5-4-301 — 5-4-307, and § 16-93-314.
(B) A sentence under subdivision (b)(1)(A) of this section may be accompanied by assignment to a community correction program under § 16-93-1201 et seq. for a designated period of time commensurate with the goals of the community correction program assignment and the rules established by the Board of Corrections for the operation of community correction programs.
(C) The court shall maintain jurisdiction over the defendant sentenced under subdivision (b)(1)(A) of this section with supervision outside the confines of the specific programming provided by probation officers assigned to the court.
(D)(i) If a person sentenced under subdivision (b)(1)(A) of this section violates any
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-312
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 5-4-312. This identifies an authority to review, not proof of applicability.