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Arkansas Code Title 16. Practice, Procedure, and Courts § 16-93-310. Probation generally--Revocation--Community correction program

Current as of March 28, 2024 | Updated by Findlaw Staff

<Text of section effective Jan. 1, 2024. See, also, section 16-93-310 effective until Jan. 1, 2024.>

(a) When a person sentenced under a community correction program, § 5-4-312, violates any terms or conditions of his or her sentence or term of probation, revocation of the sentence or term of probation shall be consistent with the procedures under this subchapter.

(b) Upon revocation, the court of jurisdiction shall determine whether the offender shall remain under the jurisdiction of the court and be assigned to a more restrictive community correction program, facility, or institution for a period of time or committed to the Division of Community Correction.

(c)(1) If committed to the Division of Correction, the court shall specify if the commitment is for judicial transfer of the offender to the Division of Community Correction or is a regular commitment.

(2)(A) The court shall commit the eligible offender to the custody of the Division of Correction under this subchapter for judicial or administrative transfer to the Division of Community Correction subject to the following:

(i) That the sentence imposed provides that the offender shall serve no more than three (3) years of confinement, with credit for meritorious good time or earned release credits, with initial placement in a Division of Community Correction facility; and

(ii) That the initial placement in the Division of Community Correction is conditioned upon the offender's continuing eligibility for Division of Community Correction placement and the offender's compliance with all applicable rules established by the Board of Corrections for community correction programs.

(B) Post-prison supervision shall accompany and follow community correction programming when appropriate.

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Cite this article: FindLaw.com - Arkansas Code Title 16. Practice, Procedure, and Courts § 16-93-310. Probation generally--Revocation--Community correction program - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-93-310/

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