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2017 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 4 - Disposition of Offenders
Subchapter 1 - General Provisions
§ 5-4-104. Authorized sentences generally
Universal Citation: AR Code § 5-4-104 (2017)
- (a) No defendant convicted of an offense shall be sentenced otherwise than in accordance with this chapter.
- (b) A defendant convicted of capital murder, § 5-10-101, or treason, § 5-51-201, shall be sentenced to death or life imprisonment without parole in accordance with §§ 5-4-601 -- 5-4-605, 5-4-607, and 5-4-608, except if the defendant was younger than eighteen (18) years of age at the time he or she committed the capital murder or treason he or she shall be sentenced to life imprisonment with the possibility of parole after serving a minimum of thirty (30) years' imprisonment.
- (c)
- (1) A defendant convicted of a Class Y felony or murder in the second degree, § 5-10-103, shall be sentenced to a term of imprisonment in accordance with §§ 5-4-401 -- 5-4-404.
- (2) In addition to imposing a term of imprisonment, the trial court may sentence a defendant convicted of a Class Y felony or murder in the second degree, § 5-10-103, to any one (1) or more of the following:
- (A) Pay a fine as authorized by §§ 5-4-201 and 5-4-202;
- (B) Make restitution as authorized by § 5-4-205; or
- (C) Suspend imposition of an additional term of imprisonment, as authorized by subdivision (e)(3) of this section.
- (d) A defendant convicted of an offense other than a Class Y felony, capital murder, § 5-10-101, treason, § 5-51-201, or murder in the second degree, § 5-10-103, may be sentenced to any one (1) or more of the following, except as precluded by subsection (e) of this section:
- (1) Imprisonment as authorized by §§ 5-4-401 -- 5-4-404;
- (2) Probation as authorized by §§ 5-4-301 -- 5-4-307 and 16-93-306 -- 16-93-314;
- (3) Payment of a fine as authorized by §§ 5-4-201 and 5-4-202;
- (4) Restitution as authorized by a provision of § 5-4-205; or
- (5) Imprisonment and payment of a fine.
- (e) (1) (A) The court shall not suspend imposition of sentence as to a term of imprisonment nor place the defendant on probation for the following offenses:
- (i) Capital murder, § 5-10-101;
- (ii) Treason, § 5-51-201;
- (iii) A Class Y felony, except to the extent suspension of an additional term of imprisonment is permitted in subsection (c) of this section;
- (iv) Driving or boating while intoxicated, § 5-65-103;
- (v) Murder in the second degree, § 5-10-103, except to the extent suspension of an additional term of imprisonment is permitted in subsection (c) of this section; or
- (vi) Engaging in a continuing criminal enterprise, § 5-64-405.
- (B)
- (i) In any other case, the court may suspend imposition of sentence or place the defendant on probation, in accordance with §§ 5-4-301 -- 5-4-307 and 16-93-306 -- 16-93-314, except as otherwise specifically prohibited by statute.
- (ii) The court may not suspend execution of sentence.
- (2) If the offense is punishable by fine and imprisonment, the court may sentence the defendant to pay a fine and suspend imposition of the sentence as to imprisonment or place the defendant on probation.
- (3)
- (A) The court may sentence the defendant to a term of imprisonment and suspend imposition of sentence as to an additional term of imprisonment.
- (B) However, the court shall not sentence a defendant to imprisonment and place him or her on probation, except as authorized by § 5-4-304.
- (B)
- (f)
- (1) If the court determines that an offender under eighteen (18) years of age would be more amenable to a rehabilitation program of the Division of Youth Services of the Department of Human Services and that he or she previously has not been committed to the division on more than one (1) occasion, the court may sentence the offender under eighteen (18) years of age to the Department of Correction for a term of years, suspend the sentence, and commit him or her to the custody of the division.
- (2) In a case under subdivision (f)(1) of this section, if the offender under eighteen (18) years of age completes the program of the division satisfactorily, the division shall return him or her to the sentencing court and provide the sentencing court with a written report of his or her progress and a recommendation that the offender under eighteen (18) years of age be placed on probation.
- (3)
- (A) In the event that the offender under eighteen (18) years of age violates a rule of the division's program or facility or is otherwise not amenable to the division's rehabilitative effort, the division may return him or her to the sentencing court with a written report of his or her conduct and a recommendation that the offender under eighteen (18) years of age be transferred to the Department of Correction.
- (B) If the court finds that the offender under eighteen (18) years of age has violated a rule of the division's program or facility or is otherwise not amenable to the division's rehabilitative effort, the court shall then revoke the suspension of the sentence originally imposed and commit the offender under eighteen (18) years of age to the Department of Correction.
- (g) This chapter does not deprive the court of any authority conferred by law to:
- (1) Order a forfeiture of property;
- (2) Suspend or cancel a license;
- (3) Dissolve a corporation;
- (4) Remove a person from office;
- (5) Cite for contempt;
- (6) Impose any civil penalty; or
- (7) Assess costs as set forth in subsection (h) of this section.
- (h) A defendant convicted of violating § 5-11-106, in which a minor was unlawfully detained, restrained, taken, enticed, or kept, may be assessed and ordered to pay expenses incurred by a law enforcement agency, the Department of Human Services, or the lawful custodian in searching for or returning the minor to the lawful custodian.
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