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5-4-803. Procedure.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-803. Procedure.
(a) A court may sentence an eligible offender under this subchapter.
(b)(1) If a court elects to sentence an eligible offender under this subchapter, the court may suspend imposition of sentence for the eligible offender for a period not to exceed the period of years that is the maximum penalty for the offense for which convicted upon condition that the eligible offender be incarcerated in a county jail or regional jail to participate in a community work project.
(2) In order for the eligible offender to participate in a community work project, space must be available in the county jail or regional jail as certified by the county sheriff to the:
(A) Division of Correction for an eligible offender committed to the division; or
(B) Court for an eligible offender serving time for a misdemeanor offense.
(3) The length of the community work project service and incarceration shall not exceed eighteen (18) months for a felony offense with work incentive credit or, in the case of a misdemeanor offense, the maximum length of incarceration for the misdemeanor offense reduced by the work incentive credit.
(c)(1) If an eligible offender sentenced under this subchapter withdraws consent to participate in a community work project, then:
(A) The county sheriff shall notify the court and bring the eligible offender before the court within a reasonable time; and
(B) The court shall determine whether the eligible offender has withdrawn consent to participate in a community work project.
(2) If the court finds that the eligible offender has withdrawn consent to participate in the community work project, the court shall remand the eligible offender for the remaining portion of the eligible offender's sentence to the:
(A) Division for a felony offen
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-803
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:5-4-803
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: dee3c569aa53d49a341ba6f5a20ff81357ebb9717b9e7ec2a289ab6d6fdf4888
Source location: content.xml paragraph 6957
Stored source content
5-4-803. Procedure.
(a) A court may sentence an eligible offender under this subchapter.
(b)(1) If a court elects to sentence an eligible offender under this subchapter, the court may suspend imposition of sentence for the eligible offender for a period not to exceed the period of years that is the maximum penalty for the offense for which convicted upon condition that the eligible offender be incarcerated in a county jail or regional jail to participate in a community work project.
(2) In order for the eligible offender to participate in a community work project, space must be available in the county jail or regional jail as certified by the county sheriff to the:
(A) Division of Correction for an eligible offender committed to the division; or
(B) Court for an eligible offender serving time for a misdemeanor offense.
(3) The length of the community work project service and incarceration shall not exceed eighteen (18) months for a felony offense with work incentive credit or, in the case of a misdemeanor offense, the maximum length of incarceration for the misdemeanor offense reduced by the work incentive credit.
(c)(1) If an eligible offender sentenced under this subchapter withdraws consent to participate in a community work project, then:
(A) The county sheriff shall notify the court and bring the eligible offender before the court within a reasonable time; and
(B) The court shall determine whether the eligible offender has withdrawn consent to participate in a community work project.
(2) If the court finds that the eligible offender has withdrawn consent to participate in the community work project, the court shall remand the eligible offender for the remaining portion of the eligible offender's sentence to the:
(A) Division for a felony offense; or
(B) County sheriff for a misdemeanor offense.
(3) If an eligible offender withdraws consent to participate in a community work project, the eligible offender is entitled to all good time and parole eligibility considerations as provided by law.
(4) Any portion of the sentence that was suspended by the court at the time of the original sentence is not affected by the removal of an eligible offender from participating in the community work project.
(d)(1) If an eligible offender's conduct while participating in a community work project is unsatisfactory, upon petition filed by the prosecuting attorney, the court may schedule a hearing to determine if the eligible offender should be allowed to continue to participate in the community work project.
(2) A hearing under this subsection shall follow the same format and accord the eligible offender the same safeguards as the revocation procedure in § 16-93-307.
(3) The burden of proof necessary for revocation of a sentence under this subchapter shall be a preponderance of the evidence that the eligible offender's conduct has been unsatisfactory while participating in a community work project.
(4) If the court finds that the eligible offender's conduct has been unsatisfactory while performing in a community work project, the court shall remand the eligible offender for the remaining portion of the eligible offender's sentence to the:
(A) Division for a felony offense; or
(B) County sheriff for a misdemeanor offense.
(5) If an eligible offender's conduct is found to be unsatisfactory, the eligible offender is entitled to all good time and parole eligibility considerations as provided by law.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-307. Probation generally — Revocation hearings.
(a)(1) A defendant arrested for violation of suspension or probation is entitled to a preliminary hearing to determine whether there is reasonable cause to believe that he or she has violated a condition of suspension or probation.
(2) The preliminary hearing shall be conducted by a court having original jurisdiction to try a criminal matter as soon as practicable after arrest and reasonably near the place of the alleged violation or arrest.
(3) The defendant shall be given prior notice of the:
(A) Time and place of the preliminary hearing;
(B) Purpose of the preliminary hearing; and
(C) Condition of suspension or probation the defendant is alleged to have violated.
(4) Except as provided in subsection (c) of this section, the defendant has the right to hear and controvert evidence against him or her and to offer evidence in his or her own behalf.
(5)(A) If the court conducting the preliminary hearing finds that there is reasonable cause to believe that the defendant has violated a condition of suspension or probation, it may order the defendant to be detained or it may return the defendant to supervision and may consider imposing one (1) or more intermediate sanctions in the sanctioning grid pending further revocation proceedings before the court that originally suspended imposition of sentence on the defendant or placed him or her on probation.
(B)(i) If the court conducting the preliminary hearing does not find reasonable cause, it shall order the defendant released from custody.
(ii) However, a release under subdivision (a)(5)(B)(i) of this section does not bar the court that suspended imposition of sentence on the defendant or placed him or her on probation from holding a hearing on the alleg
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-307
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 16-93-307. This identifies an authority to review, not proof of applicability.