2018 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 93 - Probation and Parole
Subchapter 3 - Probation and Suspended Imposition of Sentence
§ 16-93-308. Probation generally -- Revocation -- Definition

(a)

• (1) At any time before the expiration of a period of suspension of sentence or probation, a court may summon a defendant on probation or who is serving a suspended imposition of sentence to appear before the court or may issue a warrant for the defendant's arrest.

• (2) The warrant may be executed by any law enforcement officer.

(b) (1) At any time before the expiration of a period of suspension of sentence or probation, any law enforcement officer may arrest a defendant on probation or serving a suspended imposition of sentence without a warrant if the law enforcement officer has reasonable cause to believe that the defendant:

• (A) Has failed to comply with a condition of his or her suspension of sentence or probation; or

• (B) Is exhibiting behavior that can be construed to be a threat to:

  • (i) Abscond from supervision; or

  • (ii) Not comply with an intermediate sanction under § 16-93-306(d) or § 16-93-309(a)(4).

    • (2) If a defendant on probation is arrested by a probation officer employed by the Department of Community Correction for a violation of the defendant's probation and taken to a county jail for a reason listed under subdivision (b)(1)(B) of this section, the state shall reimburse the county for the costs of incarceration at the prevailing rate of reimbursement.

(c)

• (1) A defendant arrested for violation of suspension of sentence or probation shall be taken immediately before the court that suspended imposition of sentence or, if the defendant was placed on probation, before the court supervising the probation, or, if the defendant is subject to administrative probation sanction under § 16-93-306(d), to the appropriate authority in the Department of Community Correction if practicable or, if transport to an appropriate authority of the Department of Community Correction is not practicable, then to the county jail.

• (2) If a defendant subject to administrative probation sanction is transported to a county jail, then the county shall be reimbursed at the daily prevailing rate for the costs of incarceration.

(d) If a court finds by a preponderance of the evidence that the defendant has inexcusably failed to comply with a condition of his or her suspension of sentence or probation, the court may revoke the suspension of sentence or probation at any time prior to the expiration of the period of suspension of sentence or probation.

(e) A finding of failure to comply with a condition of suspension of sentence or probation as provided in subsection (d) of this section may be punished as contempt under § 16-10-108.

(f) A court may revoke a suspension of sentence or probation subsequent to the expiration of the period of suspension of sentence or probation if before expiration of the period:

• (1) The defendant is arrested for violation of suspension of sentence or probation;

• (2) A warrant is issued for the defendant's arrest for violation of suspension of sentence or probation;

• (3) A petition to revoke the defendant's suspension of sentence or probation has been filed if a warrant is issued for the defendant's arrest within thirty (30) days of the date of filing the petition; or

• (4) The defendant has been:

  • (A) Issued a citation in lieu of arrest under Rule 5 of the Arkansas Rules of Criminal Procedure for violation of suspension of sentence or probation; or

  • (B) Served a summons under Rule 6 of the Arkansas Rules of Criminal Procedure for violation of suspension of sentence or probation.

(g) (1) (A) If a court revokes a defendant's suspension of sentence or probation, the court may enter a judgment of conviction and may impose any sentence on the defendant that might have been imposed originally for the offense of which he or she was found guilty.

• (B) However, any sentence to pay a fine or of imprisonment, when combined with any previous fine or imprisonment imposed for the same offense, shall not exceed the limits of § 5-4-201 or § 5-4-401, or if applicable, § 5-4-501.

  • (2)

    • (A) As used in this subsection, "any sentence" includes the extension of a period of suspension of sentence or probation.

    • (B) If an extension of suspension of sentence or probation is made upon revocation, the court is not deprived of the ability to revoke the suspension of sentence or probation again if the defendant's conduct again warrants revocation.

(h)

• (1) A court shall not revoke a suspension of sentence or probation because of a person's inability to achieve a high school diploma, high school equivalency diploma approved by the Department of Career Education, or gainful employment.

• (2)

  • (A) However, the court may revoke a suspension of sentence or probation if the person fails to make a good faith effort to achieve a high school diploma, high school equivalency diploma approved by the Department of Career Education, or gainful employment.

  • (B) As used in this section, "good faith effort" means a person:

    • (i) Has been enrolled in a program of instruction leading to a high school diploma or a high school equivalency diploma approved by the Department of Career Education and is attending a school or an adult education course; or

    • (ii) Is registered for employment and enrolled and participating in an employment-training program with the purpose of obtaining gainful employment.

      • (i) (1) (A) Except as provided for in subdivision (i)(2) of this section, if a defendant on probation is subject to a revocation hearing under this subchapter or an administrative probation sanction for a technical conditions violation or a serious conditions violation, the defendant on probation is subject to confinement according to the time periods set out in § 16-93-306(d) and § 16-93-309(a)(4) without having his or her probation revoked.

  • (B)

    • (i) A defendant on probation is subject to having his or her probation revoked and being sentenced to the Department of Correction or the Department of Community Correction for a subsequent violation of his or her probation if the defendant has been confined six (6) times under § 16-93-306(d).

    • (ii) After a defendant on probation has been confined two (2) times under either § 16-93-306(d) or § 16-93-309(a)(4) for any combination of a technical conditions violation or serious conditions violation for any period of time, the defendant on probation is subject to having his or her probation revoked and being sentenced to the Department of Correction or the Department of Community Correction for a subsequent violation of his or her probation.

• (2)

  • (A) A defendant is subject to having his or her probation revoked under this section for a technical conditions violation or a serious conditions violation without having been sanctioned for a period of confinement set out under § 16-93-306(d) or § 16-93-309(a)(4) if upon the filing of a petition in the court with jurisdiction the Department of Community Correction or the prosecuting attorney proves by a preponderance of the evidence that the defendant is engaging in or has engaged in behavior that poses a threat to the community.

  • (B) If a prosecuting attorney alleges a technical conditions violation or a serious conditions violation under subdivision (i)(2)(A) of this section and meets the standard established under subdivision (i)(2)(A) of this section, the court may revoke the defendant's probation and sentence him or her to a period of time exceeding the time periods set out under § 16-93-306(d) or § 16-93-309(a)(4).

• (3) A period of confinement that a defendant on probation serves for a probation violation but before being administratively sanctioned or sanctioned by the circuit court shall not count as a period of confinement for the purposes of the aggregate number of periods of confinement under this subsection or under § 16-93-306(d)(3)(E)(ii)(a), nor shall the number of days of confinement count toward the total accumulation of days of confinement as set forth in § 16-93-306(d)(3)(E)(ii)(b).

(j) To the extent that a participant in a specialty court program is subject to this section, any period of confinement ordered by the specialty court is not subject to the accumulation of sanctions under subsection (i) of this section, nor is a specialty court program bound by the time periods under § 16-93-306(d) or § 16-93-309(a)(4).