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5-65-108. No probation prior to adjudication of guilt.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-108. No probation prior to adjudication of guilt.
(a) A circuit court judge or district court judge may not utilize the first-time offender probation provisions under § 16-93-301 et seq. when the defendant is charged with violating § 5-65-103.
(b) Notwithstanding the provisions of § 5-4-301, § 5-4-322, or subsection (a) of this section, a circuit court judge or district court judge may:
(1) Utilize probationary supervision, in addition to the mandatory penalties required for a violation of § 5-65-103, solely for the purpose of monitoring compliance with his or her orders; and
(2) Require an offender to pay a reasonable fee in an amount to be established by the circuit court judge or district court judge.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-108
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:5-65-108
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 55363832f103a52c265b6a6019950eac01e46b3ea2fa86b4bb083509a08106bd
Source location: content.xml paragraph 26018
Stored source content
5-65-108. No probation prior to adjudication of guilt.
(a) A circuit court judge or district court judge may not utilize the first-time offender probation provisions under § 16-93-301 et seq. when the defendant is charged with violating § 5-65-103.
(b) Notwithstanding the provisions of § 5-4-301, § 5-4-322, or subsection (a) of this section, a circuit court judge or district court judge may:
(1) Utilize probationary supervision, in addition to the mandatory penalties required for a violation of § 5-65-103, solely for the purpose of monitoring compliance with his or her orders; and
(2) Require an offender to pay a reasonable fee in an amount to be established by the circuit court judge or district court judge.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-301. Definitions.
As used in this subchapter, “sealing” means the procedure and effect as defined in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-301
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 16-93-301. 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.
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. The source passage cites 5-4-322. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-103. Driving or boating while intoxicated.
(a)(1) It is unlawful and punishable as provided in this chapter for a person who is intoxicated to operate or be in actual physical control of a motorboat on the waters of this state or a motor vehicle.
(2) It is unlawful and punishable as provided in this chapter for a person to operate or be in actual physical control of a motorboat on the waters of this state or a motor vehicle if at that time the alcohol concentration in the person's breath or blood was eight hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204.
(b) The consumption of alcohol or the possession of an open container of alcohol aboard a motorboat does not in and of itself constitute probable cause that the person committed the offense of boating while intoxicated.
(c) An alcohol-related offense under this section is a strict liability offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-103
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 5-65-103. This identifies an authority to review, not proof of applicability.