5-4-303. Conditions of suspension or probation.

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 the court places a defendant on probation, as a condition of its order the court may require that the defendant: (1) Report as directed to the court or the probation officer and permit the probation officer to visit the defendant at the defendant's place of employment or elsewhere; (2) Remain within the jurisdiction of the court unless granted permission to leave in a written statement by the court or the probation officer; and (3) Answer any reasonable inquiry by the court or the probation officer and promptly notify the court or probation officer of any change in address or employment. (e) If the court suspends imposition of sentence on a defendant or places him or her on probation, the court shall: (1) Require that the defendant either: (A) Work consistently in suitable employment for the entire duration of his or her suspended sentence or probation or for three (3) years, whichever occurs earlier; or (B)(i) If the defendant is unemployed, pursue a prescribed secular course of study and show continuous progress in improving academic skills and education by increasing his or her reading, math, and communication skills to at least the ninth grade level regardless of a prior high school or other educational credentials. (ii) Under subdivision (e)(1)(B)(i) of this section, a defendant shall also meet at least one (1) of the following benchmarks: (a) Earn a Career Readiness Certificate; (b) Earn a Workforce Alliance for Growth in the Economy certificate; (c) Earn a high school diploma by passing the Adult Education Section-approved assessment; or (d) Enroll in vocational training designed to equip him or her for suitable employment. (iii) If the defendant is serving a suspended sentence or is on probation at the end of the study or training required by subdivision (e)(1)(B)(i) of this section, he or she shall work in suitable employment for the remainder of his or her suspended sentence or probation or for three (3) years, whichever occurs earlier; and (2) Give the defendant a written statement explicitly setting forth the conditions under which he or she is being released. (f)(1) If the court suspends imposition of sentence on a defendant or places him or her on probation conditioned upon his or her making restitution under subdivision (c)(6) of this section, the court, by concurrence of the victim, defendant, and the prosecuting authority, shall determine the amount to be paid as restitution. (2) After considering the assets, financial condition, and occupation of the defendant, the court shall further determine: (A) Whether restitution shall be total or partial; (B) The amounts to be paid if by periodic payments; and (C) If a personal service is contemplated, the reasonable value and rate of compensation for the personal service rendered to the victim. (g)(1) In a case in which counsel has been appointed to represent a defendant due to the defendant's indigency and the court suspends imposition of sentence or places a defendant on probation at the time of disposition, the court shall revisit the issue of the defendant's indigency. (2)(A) When appropriate and when the defendant is financially able to do so, the court may assess an attorney's fee to be paid by the defendant as part of his or her suspension or probation. (B) The amount of the assessed attorney's fee shall be commensurate with the defendant's ability to pay. (C) The assessed attorney's fee shall be paid to the state as a means of partial reimbursement for providing appointed counsel. (3) In no event is failure to pay an assessed attorney's fee, standing alone, a ground for the revocation of a suspension or probation. (4)(A) The assessed attorney's fee under subdivision (g)(2) of this section shall be collected by the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in a circuit court or district court of this state. (B) On or before the tenth day of each month, the county or city official, agency, or department described in subdivision (g)(4)(A) of this section shall remit any assessed attorney's fee collected to the Arkansas Public Defender Commission on a form provided by the commission. (C) The commission shall deposit the money collected into a separate account within the State Central Services Fund to be known as “Public Defender Attorney Fees” to be used solely to defray costs for the commission. (h) In addition to other available sanctions, a person sentenced prior to August 1, 2017, who is on probation under this section has the option to be sanctioned administratively under § 16-93-306(d) as it existed at the time of his or her sentence or as § 16-93-306 exists as of August 1, 2017. (i)(1) Unless specified otherwise in subsection (g) of this section and § 16-87-213, the moneys collected by the courts under subsection (g) of this section and § 16-87-213 shall be deposited into the State Treasury to the credit of the State Central Services Fund. (2) If Arkansas law requires that the fees levied under subsection (g) of this section be deposited into the State Administration of Justice Fund, the Treasurer of State shall transfer the amount of the fees collected each month under subsection (g) of this section from the State Administration of Justice Fund to the State Central Services Fund.