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5-4-101. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-101. Definitions.
As used in this chapter:
(1)(A) “Imprisonment” means:
(i) Incarceration in a detention facility operated by the state or any of its political subdivisions; or
(ii) Home detention as described in § 16-93-708.
(B) “Imprisonment” may mean incarceration in a privately operated detention facility under contract to the state or any of its political subdivisions;
(2) “Probation” or “place on probation” means a procedure in which a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence but subject to the supervision of a probation officer;
(3) “Probation officer” means a salaried officer attached to the court pursuant to § 16-93-402 [repealed] or a reputable person designated by the court to supervise a defendant who is placed on probation;
(4) “Recidivism” means a criminal act that results in the rearrest, reconviction, or return to incarceration of a person with or without a new sentence during a three-year period following the person's release from custody;
(5)(A) “Restitution” means the act of making good or giving equivalent value for any loss, damage, or injury.
(B) “Restitution” may also include in the event of an injury or loss that the offender has special capacity to restore or repair a sentence to perform that reparation; and
(6) “Suspension” or “suspend imposition of sentence” means a procedure in which a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence and without supervision.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-101
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:5-4-101
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ace18290457cb4ea191967e0ce6fad149cb1ac80e71e3911dc2be36c35657da4
Source location: content.xml paragraph 3776
Stored source content
5-4-101. Definitions.
As used in this chapter:
(1)(A) “Imprisonment” means:
(i) Incarceration in a detention facility operated by the state or any of its political subdivisions; or
(ii) Home detention as described in § 16-93-708.
(B) “Imprisonment” may mean incarceration in a privately operated detention facility under contract to the state or any of its political subdivisions;
(2) “Probation” or “place on probation” means a procedure in which a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence but subject to the supervision of a probation officer;
(3) “Probation officer” means a salaried officer attached to the court pursuant to § 16-93-402 [repealed] or a reputable person designated by the court to supervise a defendant who is placed on probation;
(4) “Recidivism” means a criminal act that results in the rearrest, reconviction, or return to incarceration of a person with or without a new sentence during a three-year period following the person's release from custody;
(5)(A) “Restitution” means the act of making good or giving equivalent value for any loss, damage, or injury.
(B) “Restitution” may also include in the event of an injury or loss that the offender has special capacity to restore or repair a sentence to perform that reparation; and
(6) “Suspension” or “suspend imposition of sentence” means a procedure in which a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence and without supervision.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-402. [Repealed.]
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-402
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. The source passage cites 16-93-402. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-708. Parole alternative — Home detention — Definitions.
(a) As used in this section:
(1) “Approved electronic monitoring or supervising device” means an electronic device approved by the Board of Corrections that meets the minimum Federal Communications Commission regulations and requirements and that utilizes available technology that is able to track a person's location and monitor his or her location;
(2) “Hospice” means an autonomous, centrally administered, medically directed, coordinated program providing a continuum of home, outpatient, and homelike inpatient care for the terminally ill patient and the patient's family and which employs an interdisciplinary team to assist in providing palliative and supportive care to meet the special needs arising out of the physical, emotional, spiritual, social, and economic stresses that are experienced during the final stages of illness and during dying and bereavement;
(3) “Permanently incapacitated” means an inmate who, as determined by a licensed physician:
(A) Has a medical condition that is not necessarily terminal but renders him or her permanently and irreversibly incapacitated; and
(B) Requires immediate and long-term care; and
(4) “Terminally ill” means an inmate who, as determined by a licensed physician:
(A) Has an incurable condition caused by illness or disease; and
(B) Will likely die within two (2) years due to the illness or disease.
(b)(1)(A) Subject to the provisions of subdivision (b)(2) of this section, a defendant convicted of a felony or misdemeanor and sentenced to imprisonment may be incarcerated in a home detention program when the Director of the Department of Correction or the Director of the Department of Community Correction communicates to the Parole Board when, in the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-708
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 16-93-708. This identifies an authority to review, not proof of applicability.