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2017 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 4 - Disposition of Offenders
Subchapter 9 - Sentencing Alternative -- Pre-Adjudication Probation
§ 5-4-904. Eligibility
Universal Citation: AR Code § 5-4-904 (2017)
- (a) The judicial district in which a person is charged with a felony shall have in place a pre-adjudication probation program as authorized by this subchapter before this subchapter may be utilized by the person charged with the felony, the circuit court with jurisdiction, or the state.
- (b) A person charged with a felony is eligible to participate in a pre-adjudication probation program if:
- (1) The circuit court with jurisdiction over the case and the prosecuting attorney agree; and
- (2) The person is not charged with one (1) of the following criminal offenses:
- (A) A criminal offense for which the person would be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;
- (B) A felony involving violence as listed in § 5-4-501(d)(2);
- (C) A felony involving a victim who was seventeen (17) years of age or younger at the time the felony was committed; or
- (D) A felony involving a victim who was sixty-five (65) years of age or older at the time the felony was committed.
- (c)
- (1) A person charged with a traffic offense committed in any type of motor vehicle who was a holder of a commercial learner's permit or commercial driver license at the time the traffic offense was committed is ineligible to participate in a pre-adjudication probation program.
- (2) As used in subdivision (c)(1) of this section, "traffic offense" does not include a parking violation, motor vehicle weight violation, or motor vehicle defect violation.
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