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16-97-102. Sentencing by the court.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-97-102. Sentencing by the court.
The following procedure shall govern sentencing by the court:
(1) When either party requests to present evidence relevant to sentencing, the court shall hear or receive such evidence and any rebuttal by the opposing party;
(2) If neither party requests a sentencing hearing, the court may order one or may order a presentence investigation pursuant to § 5-4-102; and
(3) The court may hear or may request argument relevant to the appropriate sentence following either a hearing or a presentence investigation.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-97-102
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:16-97-102
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b55fdac28832e2e48549cd7f0102ce4ed27ab73a8bccb93575e81813e1745cab
Source location: content.xml paragraph 40974
Stored source content
16-97-102. Sentencing by the court.
The following procedure shall govern sentencing by the court:
(1) When either party requests to present evidence relevant to sentencing, the court shall hear or receive such evidence and any rebuttal by the opposing party;
(2) If neither party requests a sentencing hearing, the court may order one or may order a presentence investigation pursuant to § 5-4-102; and
(3) The court may hear or may request argument relevant to the appropriate sentence following either a hearing or a presentence investigation.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-102. Presentence investigation.
(a) If punishment is fixed by the court, the court may order a presentence investigation before imposing sentence.
(b)(1) The presentence investigation should be conducted by a presentence officer or another person designated by the court and should include an analysis of:
(A) The circumstances surrounding the commission of the offense;
(B) The defendant's history of delinquency or criminality, physical and mental condition, family situation and background, economic status, education, occupation, and personal habits; and
(C) Any other matter that the investigator deems relevant or the court directs to be included.
(2) In a case involving a violation of § 5-11-106 in which a minor was unlawfully detained, restrained, taken, enticed, or kept, the presentence investigation shall include ascertaining the expenses incurred by a law enforcement agency, the Department of Human Services, and the lawful custodian in searching for and returning the minor to the lawful custodian.
(c)(1) Before imposing sentence, the court may order the defendant to submit to psychiatric examination and evaluation for a period not to exceed thirty (30) days.
(2) The defendant may be remanded for psychiatric examination and evaluation to the Arkansas State Hospital, or the court may appoint a qualified psychiatrist to make the psychiatric examination and evaluation.
(d)(1) Before imposing sentence, the court shall advise the defendant or his or her counsel of the factual contents and conclusions of any presentence investigation or psychiatric examination and evaluation and afford fair opportunity, if the defendant so requests, to controvert the factual contents and conclusions.
(2) A source of confidential information does not need to be disclo
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-102
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 5-4-102. This identifies an authority to review, not proof of applicability.