2017 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 93 - Probation and Parole
Subchapter 17 - Swift and Certain Accountability on Probation Pilot Program
§ 16-93-1703. Grant uses -- Definition

Universal Citation: AR Code § 16-93-1703 (2017)
  • (a) A grant awarded under this subchapter shall be used by the grantee to establish probation programs that:
    • (1) Identify probationers for enrollment in the probation program, through, among other tools, a validated risk-needs assessment tool, who are:
      • (A) Serving a term of probation;
      • (B) At high risk of failing to observe the conditions of supervision; and
      • (C) At high risk of being returned to incarceration as a result of that failure;
    • (2) Notify probationers of the rules of the probation program, and consequences for violating those rules;
    • (3) Monitor probationers for illicit drug use with regular and rapid-result drug screening;
    • (4) Monitor probationers for violations of other rules and probation terms, including failure to pay court-ordered financial obligations such as child support or victim restitution;
    • (5) Respond to violations of those rules with immediate arrest of the violating probationer and swift and certain modification of the conditions of probation, including imposition of short jail stays;
    • (6) Immediately respond to probationers who have absconded from supervision with service of bench warrants and immediate sanctions;
    • (7)
      • (A) Provide rewards to probationers who comply with those rules.
      • (B) Rewards shall include without limitation:
        • (i) Reduced reporting requirements;
        • (ii) Less frequent drug testing;
        • (iii) Certificates of achievement;
        • (iv) Other rewards as determined by the locality; and
        • (v) Early termination of the sentence;
    • (8) Ensure funding for and referral to substance abuse treatment for probationers who repeatedly fail to refrain from illicit drug use;
    • (9) Establish procedures to terminate probation program participation by and initiate revocation to a term of incarceration for probationers who habitually fail to abide by probation program rules and pose a threat to public safety; and
    • (10) Include regular coordination meetings for key partners of the probation program, including the partners identified under § 16-93-1702(b)(5).
  • (b) As used in this section, "validated risk-needs assessment" means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior.
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