Browse Arkansas Code titles and sections
5-4-402. Place of imprisonment.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-402. Place of imprisonment.
(a) Except as provided in §§ 5-4-304 and 16-93-708, a defendant convicted of a felony and sentenced to imprisonment shall be committed to the custody of the Division of Correction for the term of his or her sentence or until released in accordance with law.
(b) Except as provided in § 16-93-708, a defendant convicted of a misdemeanor and sentenced to imprisonment shall be committed to the county jail or other authorized institution designated by the court for the term of his or her sentence or until released in accordance with law.
(c) Except as provided in § 5-4-304 or § 16-93-708, a defendant convicted of a felony violation of §§ 5-64-419 — 5-64-442 and sentenced to imprisonment shall be committed to the custody of the Division of Correction for the term of his or her sentence or until released in accordance with law.
(d)(1)(A) A juvenile sentenced in circuit court who is less than sixteen (16) years of age when sentenced shall be committed to the custody of the Division of Youth Services until his or her sixteenth birthday, at which time he or she shall be transferred to the Division of Correction, except as provided by court order or parole decision made by the Parole Board.
(B) Any record from the Division of Youth Services shall be transferred to the Division of Correction at the time the juvenile is transferred.
(2) A juvenile less than sixteen (16) years of age who is awaiting transfer to the Division of Correction shall be segregated from the general delinquency population housed at the Division of Youth Services.
(e)(1) With the consent and approval of the Division of Youth Services, the Division of Correction may transfer from the Division of Correction to the Division of Youth Services any inmate less than eighte
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-402
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:5-4-402
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a8c4653fb17241fa7f85a6a4fbfb7a99990b940041950d422085d450813905c4
Source location: content.xml paragraph 5166
Stored source content
5-4-402. Place of imprisonment.
(a) Except as provided in §§ 5-4-304 and 16-93-708, a defendant convicted of a felony and sentenced to imprisonment shall be committed to the custody of the Division of Correction for the term of his or her sentence or until released in accordance with law.
(b) Except as provided in § 16-93-708, a defendant convicted of a misdemeanor and sentenced to imprisonment shall be committed to the county jail or other authorized institution designated by the court for the term of his or her sentence or until released in accordance with law.
(c) Except as provided in § 5-4-304 or § 16-93-708, a defendant convicted of a felony violation of §§ 5-64-419 — 5-64-442 and sentenced to imprisonment shall be committed to the custody of the Division of Correction for the term of his or her sentence or until released in accordance with law.
(d)(1)(A) A juvenile sentenced in circuit court who is less than sixteen (16) years of age when sentenced shall be committed to the custody of the Division of Youth Services until his or her sixteenth birthday, at which time he or she shall be transferred to the Division of Correction, except as provided by court order or parole decision made by the Parole Board.
(B) Any record from the Division of Youth Services shall be transferred to the Division of Correction at the time the juvenile is transferred.
(2) A juvenile less than sixteen (16) years of age who is awaiting transfer to the Division of Correction shall be segregated from the general delinquency population housed at the Division of Youth Services.
(e)(1) With the consent and approval of the Division of Youth Services, the Division of Correction may transfer from the Division of Correction to the Division of Youth Services any inmate less than eighteen (18) years of age who, in the opinion of the Division of Correction and the Division of Youth Services, is more suited and adaptable by age, physical size, and temperament to a program of the Department of Human Services.
(2)(A) An inmate transferred to the Division of Youth Services shall be segregated from the general delinquency population housed at the Division of Youth Services.
(B) If an inmate violates a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the Division of Youth Services may return the inmate to the Division of Correction.
(3) Any inmate transferred to the Division of Youth Services under this subsection shall be returned to the Division of Correction on the inmate's eighteenth birthday.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-304. Confinement as condition of suspension or probation.
(a) If a court suspends the imposition of sentence on a defendant or places him or her on probation, the court may require as an additional condition of its order that the defendant serve a period of confinement in the county jail, city jail, or other authorized local detention, correctional, or rehabilitative facility at any time or consecutive or nonconsecutive intervals within the period of suspension or probation as the court shall direct.
(b) An order that the defendant serve a period of confinement as a condition of suspension or probation is not deemed a sentence to a term of imprisonment, and a court does not need to enter a judgment of conviction before imposing a period of confinement as a condition of suspension or probation.
(c)(1)(A) The period actually spent in confinement pursuant to this section in a county jail, city jail, or other authorized local detention, correctional, or rehabilitative facility shall not exceed:
(i) One hundred twenty (120) days in the case of a felony; or
(ii) Thirty (30) days in the case of a misdemeanor.
(B) In the case of confinement to a facility in the Division of Community Correction, the period actually spent in confinement under this section shall not exceed three hundred sixty-five (365) days.
(2) For purposes of this subsection, any part of a twenty-four-hour period spent in confinement constitutes a day of confinement.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-304
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 5-4-304. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-419. Possession of a controlled substance.
(a) Except as provided by this chapter, it is unlawful for a person to possess a controlled substance.
(b) A person who violates this section with respect to:
(1) A Schedule I or Schedule II controlled substance that is methamphetamine or cocaine with an aggregate weight, including an adulterant or diluent, of:
(A) Less than two grams (2g) upon conviction is guilty of a Class D felony;
(B) Two grams (2g) or more but less than ten grams (10g) upon conviction is guilty of a Class C felony; or
(C) Ten grams (10g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony;
(2) A Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine with an aggregate weight, including an adulterant or diluent, of:
(A) Less than two grams (2g) upon conviction is guilty of a Class D felony;
(B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class C felony; or
(C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony;
(3) A Schedule III controlled substance with an aggregate weight, including an adulterant or diluent, of:
(A)(i) Less than two grams (2g) upon conviction is guilty of a Class A misdemeanor.
(ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c), upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(3)(A)(i) of this section;
(B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class D felony;
(C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-419
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 5-64-419. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-442. Possession with the purpose to deliver, delivery, or manufacture of a counterfeit substance.
(a) Except as authorized by this chapter, it is unlawful for any person to possess with the purpose to deliver, deliver, or manufacture a counterfeit substance. Purpose to deliver may be shown by any of the following factors:
(1) The person possesses the means to weigh, separate, or package a counterfeit substance;
(2) The person possesses a record indicating a drug-related transaction;
(3) The counterfeit substance is separated and packaged in a manner to facilitate delivery;
(4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the counterfeit substance;
(5) The person possesses at least two (2) other controlled substances or counterfeit substances in any amount; or
(6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a counterfeit substance.
(b) Any person who violates this section with respect to:
(1) A counterfeit substance purporting to be a Schedule I or Schedule II controlled substance upon conviction is guilty of a Class C felony;
(2) A counterfeit substance purporting to be a Schedule III controlled substance upon conviction is guilty of a Class D felony; or
(3) A counterfeit substance purporting to be a Schedule IV, Schedule V, or Schedule VI controlled substance or that is not classified as a scheduled controlled substance upon conviction is guilty of a Class A misdemeanor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-442
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 5-64-442. This identifies an authority to review, not proof of applicability.