Browse Arkansas Code titles and sections
16-93-312. Probation generally — Modification.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-312. Probation generally — Modification.
(a) During a period of suspension or probation, upon the petition of a probation officer or a defendant or upon the court's own motion, a court may:
(1) Modify a condition imposed on the defendant;
(2) Impose an additional condition authorized by § 5-4-303;
(3) Impose an additional fine authorized by §§ 5-4-201 and 5-4-303; or
(4) Impose a period of confinement authorized by § 5-4-304.
(b) Nothing in this section shall limit the Department of Community Correction from authorizing sanctions within the intermediate sanctions grid when warranted by the defendant's conduct.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-312
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. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:16-93-312
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 17fe4614dce189e47fb1cdaa287c9131d2c50317abb6dcbf6846873c2d2fee6b
Source location: content.xml paragraph 38343
Stored source content
16-93-312. Probation generally — Modification.
(a) During a period of suspension or probation, upon the petition of a probation officer or a defendant or upon the court's own motion, a court may:
(1) Modify a condition imposed on the defendant;
(2) Impose an additional condition authorized by § 5-4-303;
(3) Impose an additional fine authorized by §§ 5-4-201 and 5-4-303; or
(4) Impose a period of confinement authorized by § 5-4-304.
(b) Nothing in this section shall limit the Department of Community Correction from authorizing sanctions within the intermediate sanctions grid when warranted by the defendant's conduct.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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
5-4-303. Conditions of suspension or probation.
(a) If a court suspends imposition of sentence on a defendant or places him or her on probation, the court shall attach such conditions as are reasonably necessary to assist the defendant in leading a law-abiding life.
(b) The court shall provide as an express condition of every suspension or probation that the defendant not commit an offense punishable by imprisonment during the period of suspension or probation.
(c) If the court suspends imposition of sentence on a defendant or places him or her on probation, as a condition of its order the court may require that the defendant:
(1) Support his or her dependents and meet his or her family responsibilities;
(2) Undergo available medical or psychiatric treatment and enter and remain in a specified institution when required for medical or psychiatric treatment;
(3) Participate in a community-based rehabilitative program or work-release program that uses practices proven to reduce recidivism and for which the court may impose a reasonable fee or assessment on the defendant to be used in support of the community-based rehabilitative program or work-release program;
(4) Refrain from frequenting an unlawful or designated place or consorting with a designated person;
(5) Have no firearm in his or her possession;
(6) Make restitution to an aggrieved party in an amount the defendant can afford to pay for the actual loss or damage caused by his or her offense;
(7) Post a bond, with or without surety, conditioned on the performance of a prescribed condition; and
(8) Satisfy any other condition reasonably related to the rehabilitation of the defendant and not unduly restrictive of his or her liberty or incompatible with his or her freedom of conscience.
(d) If
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-303
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 5-4-303. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-304. Confinement as condition of suspension or probation.
(a) If a court suspends the imposition of sentence on a defendant or places him or her on probation, the court may require as an additional condition of its order that the defendant serve a period of confinement in the county jail, city jail, or other authorized local detention, correctional, or rehabilitative facility at any time or consecutive or nonconsecutive intervals within the period of suspension or probation as the court shall direct.
(b) An order that the defendant serve a period of confinement as a condition of suspension or probation is not deemed a sentence to a term of imprisonment, and a court does not need to enter a judgment of conviction before imposing a period of confinement as a condition of suspension or probation.
(c)(1)(A) The period actually spent in confinement pursuant to this section in a county jail, city jail, or other authorized local detention, correctional, or rehabilitative facility shall not exceed:
(i) One hundred twenty (120) days in the case of a felony; or
(ii) Thirty (30) days in the case of a misdemeanor.
(B) In the case of confinement to a facility in the Division of Community Correction, the period actually spent in confinement under this section shall not exceed three hundred sixty-five (365) days.
(2) For purposes of this subsection, any part of a twenty-four-hour period spent in confinement constitutes a day of confinement.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-304
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 5-4-304. This identifies an authority to review, not proof of applicability.