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Arkansas Code Title 5. Criminal Offenses § 5-4-101. Definitions

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

<Text of section effective Jan. 1, 2024. See, also, section 5-4-101 effective until Jan. 1, 2024.>

As used in this chapter:

(1) “Delinquent” means the defendant:

(A) Has failed to pay his or her fines and costs that resulted from his or her felony conviction; and

(B) Has not paid his or her installment for three (3) consecutive months if the defendant is on an installment payment plan;

(2)(A) “Imprisonment” means:

(i) Incarceration in a detention facility operated by the state or any of its political subdivisions; or

(ii) Home detention as described in § 16-93-708.

(B) “Imprisonment” may mean incarceration in a privately operated detention facility under contract to the state or any of its political subdivisions;

(3) “Probation” or “place on probation” means a procedure in which a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence but subject to the supervision of a probation officer;

(4) “Probation officer” means a salaried officer attached to the court pursuant to § 16-93-402 or a reputable person designated by the court to supervise a defendant who is placed on probation;

(5) “Recidivism” means a criminal act that results in the rearrest, reconviction, or return to incarceration of a person with a new sentence or a revocation from parole or post-release supervision during a three-year period following the person's release from custody;

(6)(A) “Restitution” means the act of making good or giving equivalent value for any loss, damage, or injury.

(B) “Restitution” may also include in the event of an injury or loss that the offender has special capacity to restore or repair a sentence to perform that reparation; and

(7) “Suspension” or “suspend imposition of sentence” means a procedure in which a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence and without supervision.

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Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-4-101. Definitions - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-4-101/

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