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2017 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 93 - Probation and Parole
Subchapter 12 - Community Correction
§ 16-93-1207. Order of court
Universal Citation: AR Code § 16-93-1207 (2017)
- (a) Upon the sentencing or placing on probation of any person under the provisions of this subchapter, the sentencing court shall issue an order or commitment, whichever is appropriate, in writing, setting forth the following:
- (1) That the offender is being:
- (A) Committed to the Department of Correction;
- (B) Committed to the Department of Correction with judicial transfer to the Department of Community Correction;
- (C) Placed on suspended imposition of sentence;
- (D) Placed on probation under the provisions of this subchapter; or
- (E) Committed to a county jail for a misdemeanor offense committed after January 1, 2007;
- (2) That the offender has knowledge and understanding of the consequences of the sentence or placement on probation and violations thereof;
- (3) A designation of sentence or supervision length along with community correction program distinctions of that sentence or supervision length;
- (4) Any applicable terms and conditions of the sentence or probation term; and
- (5) Presentence investigation or sentencing information, including, but not limited to, criminal history elements and other appropriate or necessary information for correctional use.
- (1) That the offender is being:
- (b) (1) Upon the successful completion of probation or a commitment to the Department of Correction with judicial transfer to the Department of Community Correction or a commitment to a county jail for one (1) of the offenses targeted by the General Assembly for community correction placement, the court may direct that the record of the offender be sealed with regards to the offense of which the offender was either convicted or placed on probation under the condition that the offender has no more than one (1) previous felony conviction and that the previous felony was other than a conviction for:
- (A) A capital offense;
- (B) Murder in the first degree, § 5-10-102;
- (C) Murder in the second degree, § 5-10-103;
- (D) Rape, § 5-14-103;
- (E) Kidnapping, § 5-11-102;
- (F) Aggravated robbery, § 5-12-103; or
- (G) Delivering controlled substances to a minor as prohibited in the former § 5-64-410.
- (2) The fact that a prior felony conviction has been previously sealed shall not prevent its counting as a prior conviction for the purposes of this subsection.
- (3) The procedure, effect, and definition of "sealed" for the purposes of this subsection shall be in accordance with that established in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.
- (c) A court as a condition of probation shall order the defendant to:
- (1) (A) (i) Enroll in and complete a vocational, technical, educational, or similar program if the court finds that the defendant's lack of an employable or marketable skill contributes to the defendant's being unemployed.
- (ii) The court may order the person to pay tuition for any vocational, technical, educational, or similar program in installments after the completion of the vocational, technical, educational, or similar program.
- (B) If the defendant is on probation at the end of the vocational, technical, educational, or similar program required under subdivision (c)(1)(A) of this section, he or she shall be required to work in suitable employment for the remainder of his or her probation or for three (3) years, whichever occurs earlier; or
- (ii) The court may order the person to pay tuition for any vocational, technical, educational, or similar program in installments after the completion of the vocational, technical, educational, or similar program.
- (2) Work consistently in suitable employment for the entire duration of his or her probation or for three (3) years, whichever occurs earlier.
- (1) (A) (i) Enroll in and complete a vocational, technical, educational, or similar program if the court finds that the defendant's lack of an employable or marketable skill contributes to the defendant's being unemployed.
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