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5-54-131. Absconding.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-54-131. Absconding.
(a) A person commits the offense of absconding if the person knowingly:
(1) Leaves a designated residence while under house arrest ordered as a condition of the person's release on a criminal offense by a court of competent jurisdiction;
(2) Leaves a designated area while wearing an electronic monitoring device ordered as a condition of the person's release on a criminal offense by a:
(A) Court of competent jurisdiction; or
(B)(i) Sheriff or his or her designee.
(ii) A determination by a sheriff or his or her designee placing a person on electronic monitoring remains valid until changed by the sheriff or his or her designee; or
(3) Fails to abide by the terms of his or her sentence or conditions imposed under § 16-90-122 concerning his or her release pending bed space at the Division of Correction or the Division of Community Correction by not reporting to a designated place or at a designated time in order to submit himself or herself to the custody of the Division of Correction or the Division of Community Correction to serve a period of incarceration he or she was previously ordered by a court to serve.
(b) The offense of absconding is a Class D felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-54-131
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:5-54-131
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0844922ae71fb2fdeab6756d6821412855afb637e0c9f8d76749e288cfc7f631
Source location: content.xml paragraph 20460
Stored source content
5-54-131. Absconding.
(a) A person commits the offense of absconding if the person knowingly:
(1) Leaves a designated residence while under house arrest ordered as a condition of the person's release on a criminal offense by a court of competent jurisdiction;
(2) Leaves a designated area while wearing an electronic monitoring device ordered as a condition of the person's release on a criminal offense by a:
(A) Court of competent jurisdiction; or
(B)(i) Sheriff or his or her designee.
(ii) A determination by a sheriff or his or her designee placing a person on electronic monitoring remains valid until changed by the sheriff or his or her designee; or
(3) Fails to abide by the terms of his or her sentence or conditions imposed under § 16-90-122 concerning his or her release pending bed space at the Division of Correction or the Division of Community Correction by not reporting to a designated place or at a designated time in order to submit himself or herself to the custody of the Division of Correction or the Division of Community Correction to serve a period of incarceration he or she was previously ordered by a court to serve.
(b) The offense of absconding is a Class D felony.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-122. Post-conviction release of nonviolent offenders.
(a) Except as provided in subsection (b) of this section, any circuit judge may authorize the temporary release of an offender in the county sheriff's custody who has:
(1) Been found guilty of or pleaded guilty or nolo contendere to a nonviolent felony offense in circuit court; and
(2) Been sentenced to a term of imprisonment and committed to the Division of Correction or the Division of Community Correction and is awaiting transfer to the Division of Correction or the Division of Community Correction.
(b) A circuit judge shall not authorize the temporary release of an offender under subsection (a) of this section if the offender has been found guilty of or pleaded guilty or nolo contendere to a:
(1) Class Y felony offense listed in § 16-93-618; or
(2) Felony sex offense listed in the definition of “sex offense” in § 12-12-903.
(c)(1) The circuit judge may authorize the release under the terms and conditions that he or she determines are necessary to protect the public and to ensure the offender's return to custody upon notice that bed space is available at the Division of Correction or the Division of Community Correction.
(2) The circuit judge may require a cash or professional bond to be posted in an amount suitable to ensure the offender's return to custody.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-122
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 16-90-122. This identifies an authority to review, not proof of applicability.