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5-4-322. District court or city court — Probation — Fees and fines authorized.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-322. District court or city court — Probation — Fees and fines authorized.
(a)(1) A district court or city court may:
(A) Place a defendant on probation or sentence him or her to public service work; and
(B) As a condition of its order, require the defendant to pay a:
(i) Fine in one (1) or several sums; and
(ii) Probation fee or a public service work supervisory fee in an amount to be established by the district court or city court.
(2)(A) The broad objective of probation is to educate and rehabilitate a person placed on probation.
(B) A condition for probation shall bear a reasonable relationship to the offense committed or to future criminality and be reasonably necessary to assist the defendant in leading a law-abiding life.
(3)(A) A condition of probation shall be closely monitored and supervised by the district court or city court or by a probation officer.
(B) The district court or city court shall determine if a condition of probation is in compliance with the provisions of subdivision (a)(2) of this section.
(b)(1) This section regarding probation and probation fees does not apply when the defendant is charged with violating the Omnibus DWI or BWI Act, § 5-65-101 et seq., or the Underage DUI or BUI Law, § 5-65-301 et seq.
(2) When the defendant is charged with violating the Omnibus DWI or BWI Act, § 5-65-101 et seq., the district court may require the defendant to pay a public service work supervisory fee in an amount to be established by it if the district court orders public service in lieu of jail under § 5-65-111.
(3) When the defendant is charged with violating the Underage DUI or BUI Law, § 5-65-301 et seq., the district court may require the defendant to pay a public service work supervisory fee in an amount to be established
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-322
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:5-4-322
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 246f2233f91516425981fa05c4c7ebe31aba15cd2a0910e13563c98f929bc0cb
Source location: content.xml paragraph 4939
Stored source content
5-4-322. District court or city court — Probation — Fees and fines authorized.
(a)(1) A district court or city court may:
(A) Place a defendant on probation or sentence him or her to public service work; and
(B) As a condition of its order, require the defendant to pay a:
(i) Fine in one (1) or several sums; and
(ii) Probation fee or a public service work supervisory fee in an amount to be established by the district court or city court.
(2)(A) The broad objective of probation is to educate and rehabilitate a person placed on probation.
(B) A condition for probation shall bear a reasonable relationship to the offense committed or to future criminality and be reasonably necessary to assist the defendant in leading a law-abiding life.
(3)(A) A condition of probation shall be closely monitored and supervised by the district court or city court or by a probation officer.
(B) The district court or city court shall determine if a condition of probation is in compliance with the provisions of subdivision (a)(2) of this section.
(b)(1) This section regarding probation and probation fees does not apply when the defendant is charged with violating the Omnibus DWI or BWI Act, § 5-65-101 et seq., or the Underage DUI or BUI Law, § 5-65-301 et seq.
(2) When the defendant is charged with violating the Omnibus DWI or BWI Act, § 5-65-101 et seq., the district court may require the defendant to pay a public service work supervisory fee in an amount to be established by it if the district court orders public service in lieu of jail under § 5-65-111.
(3) When the defendant is charged with violating the Underage DUI or BUI Law, § 5-65-301 et seq., the district court may require the defendant to pay a public service work supervisory fee in an amount to be established by it for any public service work ordered by the district court.
(c) This section is supplemental to any other law allowing a district court or city court to attach a condition on an order of probation.
(d)(1) Except as provided in subsection (e) of this section, no district court or city court may impose a probation fee in any case in which the only sentence available is a monetary fine, court costs, or if applicable, restitution.
(2) In a case described in subdivision (d)(1) of this section, a defendant may be given time to make the payments, and the installment payment fee in § 16-13-704 is the only fee authorized for administering those accounts.
(3) If the sentence available includes imprisonment, probation and probation fees may be ordered in lieu of imprisonment.
(e) If a fine is an authorized sentence, the fine may be suspended and probation and a probation fee may be ordered in lieu of the fine.
(f)(1) A probation fee shall be collected in full for each month in which a defendant is on probation.
(2) The probation fee shall accrue for each month that a defendant does not make a payment and the defendant remains on probation as ordered by the district court or city court.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-13-704. Installment payments — Definition.
(a)(1) If the court concludes that the defendant has the ability to pay the fine, but that requiring the defendant to make immediate payment in full would cause a severe and undue hardship for the defendant and the defendant's dependents, the court may authorize payment of the fine by means of installment payments in accordance with this subchapter.
(2)(A) When a court authorizes payment of a fine by means of installment payments, it shall issue, without a separate disclosure hearing, an order that the fine be paid in full by a date certain and that in default of payment, the defendant must appear in court to explain the failure to pay.
(B) In fixing the date of payment, the court shall issue an order which will complete payment of the fine as promptly as possible without creating a severe and undue hardship for the defendant and the defendant's dependents.
(3) When a person is authorized to pay a fine on an installment basis, any court cost assessed under § 9-15-202(d) or § 16-10-305(h) shall be collected from the initial installment payment first.
(b)(1)(A) In addition to the fine and any other assessments authorized by this subchapter, an installment fee of five dollars ($5.00) per month shall be assessed on each person who is authorized to pay a fine on an installment basis.
(B) This fee shall be collected in full each month in which a defendant makes an installment payment.
(C) This fee shall accrue each month that a defendant does not make an installment payment and the fine has not been paid in full.
(2)(A)(i) One-half (½) of the installment fee collected in circuit court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Serv
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-13-704
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 16-13-704. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-101. Title.
This chapter shall be known as the “Omnibus DWI or BWI Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-101
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. The source passage cites 5-65-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-111. Sentencing — Periods of incarceration — Exception.
(a)(1) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103, for a first offense, is upon conviction guilty of an unclassified misdemeanor and may be imprisoned for not less than:
(A) Twenty-four (24) hours but no more than one (1) year; or
(B) Seven (7) days but no more than one (1) year if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.
(2) The court may order public service instead of imprisonment and, if the court orders public service, the court shall include the reasons for the order of public service instead of imprisonment in the court's written order or judgment.
(b)(1) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a second offense occurring within five (5) years of the first offense is upon conviction guilty of an unclassified misdemeanor and may be imprisoned for not less than:
(A) Seven (7) days but no more than one (1) year; or
(B) Thirty (30) days but no more than one (1) year if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.
(2) The court may order public service instead of imprisonment in the following manner, and if the court orders public service, the court shall include the reasons for the order of public service instead of imprisonment in its written order or judgment:
(A) Not less than thirty (30) days; or
(B) Not less than sixty (60) days if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.
(c)(1) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a thir
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-111
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 5-65-111. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-301. Title.
This subchapter may be known and cited as the “Underage Driving or Boating Under the Influence Law” or the “Underage DUI or BUI Law”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-301
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 5-65-301. This identifies an authority to review, not proof of applicability.