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5-4-312. Presentence investigation — Placement in a community correction program.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-312. Presentence investigation — Placement in a community correction program.
(a)(1) A court may require that either a presentence investigation be conducted by either the probation officer or presentence investigation officer assigned to the court or that the defense counsel of a defendant, the prosecuting attorney, a probation officer, and other persons whom the court believes have information relevant to the sentencing of the defendant submit to the court the information in writing prior to sentencing.
(2) The presentence investigation or information submitted by the persons described in subdivision (a)(1) of this section shall be forwarded with the commitment order to the circuit clerk and retained in the defendant's case file.
(b) Upon a preliminary determination by a court that a defendant is an eligible offender and that placement in a community correction program under § 16-93-1201 et seq. is proper, the court may:
(1)(A) Suspend the imposition of the sentence or place the defendant on probation, under § 5-4-104, § 5-4-201 et seq., §§ 5-4-301 — 5-4-307, and § 16-93-314.
(B) A sentence under subdivision (b)(1)(A) of this section may be accompanied by assignment to a community correction program under § 16-93-1201 et seq. for a designated period of time commensurate with the goals of the community correction program assignment and the rules established by the Board of Corrections for the operation of community correction programs.
(C) The court shall maintain jurisdiction over the defendant sentenced under subdivision (b)(1)(A) of this section with supervision outside the confines of the specific programming provided by probation officers assigned to the court.
(D)(i) If a person sentenced under subdivision (b)(1)(A) of this section violates any
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-312
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.
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Stable record: arkansas_code:legal_authorities:5-4-312
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f44594bbc0ab8006768f117bef6827115a9b04e8f38b4bc17ef578c999c422c3
Source location: content.xml paragraph 4870
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5-4-312. Presentence investigation — Placement in a community correction program.
(a)(1) A court may require that either a presentence investigation be conducted by either the probation officer or presentence investigation officer assigned to the court or that the defense counsel of a defendant, the prosecuting attorney, a probation officer, and other persons whom the court believes have information relevant to the sentencing of the defendant submit to the court the information in writing prior to sentencing.
(2) The presentence investigation or information submitted by the persons described in subdivision (a)(1) of this section shall be forwarded with the commitment order to the circuit clerk and retained in the defendant's case file.
(b) Upon a preliminary determination by a court that a defendant is an eligible offender and that placement in a community correction program under § 16-93-1201 et seq. is proper, the court may:
(1)(A) Suspend the imposition of the sentence or place the defendant on probation, under § 5-4-104, § 5-4-201 et seq., §§ 5-4-301 — 5-4-307, and § 16-93-314.
(B) A sentence under subdivision (b)(1)(A) of this section may be accompanied by assignment to a community correction program under § 16-93-1201 et seq. for a designated period of time commensurate with the goals of the community correction program assignment and the rules established by the Board of Corrections for the operation of community correction programs.
(C) The court shall maintain jurisdiction over the defendant sentenced under subdivision (b)(1)(A) of this section with supervision outside the confines of the specific programming provided by probation officers assigned to the court.
(D)(i) If a person sentenced under subdivision (b)(1)(A) of this section violates any term or condition of his or her sentence or term of probation, revocation of the sentence or term of probation shall be consistent with the procedures established by law for the revocation of suspended imposition of sentence or probation.
(ii) Upon revocation as described in subdivision (b)(1)(D)(i) of this section, the court shall determine whether the defendant shall remain under the jurisdiction of the court and be assigned to a more restrictive community correction program, facility, or institution for a period of time or committed to the Division of Correction.
(iii) If the defendant is committed to the Division of Correction under subdivision (b)(1)(D)(ii) of this section, the court shall specify if the commitment is for judicial transfer of the defendant to the Division of Community Correction or is a commitment to the Division of Correction;
(2)(A) Commit the defendant to the custody of the Division of Correction for judicial transfer to the Division of Community Correction subject to the following:
(i) That the sentence imposed provides that the defendant shall not serve more than three (3) years of confinement, with credit for meritorious good time, with initial placement in a Division of Community Correction facility; and
(ii) That the preliminary placement in the Division of Community Correction facility is conditioned upon the Division of Community Correction's final determination of the defendant's initial and continuing eligibility for Division of Community Correction placement and the defendant's compliance with all applicable rules established by the Board of Corrections for community correction programs.
(B) Post-prison supervision of the defendant shall accompany and follow the community correction program when appropriate; or
(3)(A) Sentence the defendant to the Division of Correction, granting the Division of Correction the ability to administratively transfer the defendant to the Division of Community Correction if the Division of Correction determines that the sentence imposed meets the eligibility requirements for placement in a community correction program under this subchapter and § 16-93-1201 et seq.
(B) Administrative transfer to the Division of Community Correction under subdivision (b)(3)(A) of this section is conditioned upon bed space availability and upon the Division of Community Correction's final determination of the defendant's initial and continuing eligibility for Division of Community Correction placement.
(C) A determination of ineligibility under subdivision (b)(3)(A) of this section by the Division of Community Correction shall result in the immediate return of the defendant to the Division of Correction.
(D) A decision to release a defendant administratively transferred to the Division of Community Correction from the Division of Correction under subdivision (b)(3)(A) of this section is vested solely with the Parole Board.
(c) A defendant may not be excluded from placement in a community correction program under this section based solely on the defendant's inability to speak, read, write, hear, or understand English.
(d)(1) If after receipt of an order directing a defendant to a community correction center, the Division of Community Correction determines that the defendant is not eligible for placement in a community correction program under § 16-93-1201 et seq., the Division of Community Correction shall not admit the defendant but shall immediately notify the prosecuting attorney in writing.
(2) After receipt of the notice required under subdivision (d)(1) of this section, the prosecuting attorney shall notify the court of the defendant's ineligibility for placement in a community correction center, and the court shall resentence the defendant accordingly.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-1201. Findings and determinations.
(a) The State of Arkansas hereby finds that the cost of incarcerating the ever-increasing numbers of offenders in traditional penitentiaries is skyrocketing, bringing added fiscal pressures on state government, and that some inmates can be effectively punished, with little risk to the public, in a more affordable manner through the use of community correction programs and nontraditional facilities.
(b) As a result of the rising cost of traditional incarceration, the state finds that the purpose of corrections in Arkansas is twofold:
(1) “Community correction”, defined as both nontraditional correction centers and nonresidential community corrections, including supervision on probation, parole, and transfer, is charged with the provision of correction focused on promoting offender accountability and the supervision of offenders at appropriate levels to promote public safety; and
(2)(A) “Institutions”, defined as traditional prison beds, are charged with the appropriate incapacitation of high risk offenders.
(B) “Incapacitation” involves traditional aspects of incarceration coupled with highly supervised community correction when appropriate.
(C) “High risk” is defined as those convicted of the most serious offenses, those who have longer criminal histories, and those who have repeatedly failed to comply with conditions imposed under less restrictive sanctions.
(c) Furthermore, the state determines that services designed to address offender needs must be integrated into the framework of both institutions and community correction programs and must be balanced with supervision and correction such that the community is repaid for the offense, public safety is promoted through supervision, and the offender is assisted in
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-1201
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 16-93-1201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-104. Authorized sentences generally.
(a) No defendant convicted of an offense shall be sentenced otherwise than in accordance with this chapter.
(b) A defendant convicted of capital murder, § 5-10-101, or treason, § 5-51-201, shall be sentenced to death or life imprisonment without parole in accordance with §§ 5-4-601 — 5-4-605, 5-4-607, and 5-4-608, except if the defendant was younger than eighteen (18) years of age at the time he or she committed the capital murder or treason he or she shall be sentenced to life imprisonment with the possibility of parole after serving a minimum of thirty (30) years' imprisonment.
(c)(1) A defendant convicted of a Class Y felony or murder in the second degree, § 5-10-103, shall be sentenced to a term of imprisonment in accordance with §§ 5-4-401 — 5-4-404.
(2) In addition to imposing a term of imprisonment, the trial court may sentence a defendant convicted of a Class Y felony or murder in the second degree, § 5-10-103, to any one (1) or more of the following:
(A) Pay a fine as authorized by §§ 5-4-201 and 5-4-202;
(B) Make restitution as authorized by § 5-4-205; or
(C) Suspend imposition of an additional term of imprisonment, as authorized by subdivision (e)(3) of this section.
(d) A defendant convicted of an offense other than a Class Y felony, capital murder, § 5-10-101, treason, § 5-51-201, or murder in the second degree, § 5-10-103, may be sentenced to any one (1) or more of the following, except as precluded by subsection (e) of this section:
(1) Imprisonment as authorized by §§ 5-4-401 — 5-4-404;
(2) Probation as authorized by §§ 5-4-301 — 5-4-307 and 16-93-306 — 16-93-314;
(3) Payment of a fine as authorized by §§ 5-4-201 and 5-4-202;
(4) Restitution as authorized by a provision of § 5-4-205; or
(5
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-104
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 5-4-104. This identifies an authority to review, not proof of applicability.
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
5-4-301. Crimes for which suspension or probation prohibited — Criteria for suspension or probation in other cases.
(a)(1) A court shall not suspend imposition of sentence as to a term of imprisonment or place a defendant on probation for the following offenses:
(A) Capital murder, § 5-10-101;
(B) Treason, § 5-51-201;
(C) A Class Y felony, except to the extent suspension of an additional term of imprisonment is permitted in § 5-4-104(c);
(D) Driving or boating while intoxicated, § 5-65-103;
(E) Murder in the second degree, § 5-10-103, except to the extent suspension of an additional term of imprisonment is permitted in § 5-4-104(c); or
(F) Engaging in a continuing criminal enterprise, § 5-64-405.
(2) If it is determined pursuant to § 5-4-502 that a defendant has previously been convicted of two (2) or more felonies, the court shall not:
(A) Suspend imposition of sentence; or
(B) Place the defendant on probation.
(b) In making a determination as to suspension or probation, the court shall consider whether:
(1) There is undue risk that during the period of a suspension or probation the defendant will commit another offense;
(2) The defendant is in need of correctional treatment that can be provided most effectively by his or her commitment to an institution;
(3) Suspension or probation will discount the seriousness of the defendant's offense; or
(4) The defendant has the means available or is so gainfully employed that restitution or compensation to the victim of the defendant's offense will not cause an unreasonable financial hardship and will be beneficial to the rehabilitation of the defendant.
(c) While not controlling the discretion of the court, the following grounds shall be accorded weight in favor of suspension or probation:
(1)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-301
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 5-4-301. This identifies an authority to review, not proof of applicability.