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5-4-102. Presentence investigation.
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-4-102
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 100bd0b00cf823d2a2f4b55c1c16b738535b8c13489b8caf81e3d5c9a59bd3ae
Source location: content.xml paragraph 3810
Stored source content
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 disclosed.
(e) If the defendant is sentenced to imprisonment, a copy of the report of any presentence investigation or psychiatric examination or evaluation shall be transmitted immediately to the Division of Correction or, when the defendant is committed to the custody of a specific institution, to that specific institution.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-11-106. Permanent detention or restraint.
(a) A person commits the offense of permanent detention or restraint if, without consent and without lawful authority, the person restrains a person with the purpose of holding or concealing the other person:
(1) Without ever releasing the other person; or
(2) Without ever returning the other person to the person or institution from whose lawful custody the other person was taken.
(b)(1) Permanent detention or restraint is a Class B felony.
(2) However, permanent detention or restraint is a Class D felony if the person detained or restrained is the child of the defendant.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-11-106
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 5-11-106. This identifies an authority to review, not proof of applicability.