Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of March 28, 2024 | Updated by Findlaw Staff
(a) If punishment is fixed by the court, the court may order a presentence investigation before imposing sentence.
(b)(1) The presentence investigation should be conducted by a presentence officer or another person designated by the court and should include an analysis of:
(A) The circumstances surrounding the commission of the offense;
(B) The defendant's history of delinquency or criminality, physical and mental condition, family situation and background, economic status, education, occupation, and personal habits; and
(C) Any other matter that the investigator deems relevant or the court directs to be included.
(2) In a case involving a violation of § 5-11-106 in which a minor was unlawfully detained, restrained, taken, enticed, or kept, the presentence investigation shall include ascertaining the expenses incurred by a law enforcement agency, the Department of Human Services, and the lawful custodian in searching for and returning the minor to the lawful custodian.
(c)(1) Before imposing sentence, the court may order the defendant to submit to psychiatric examination and evaluation for a period not to exceed thirty (30) days.
(2) The defendant may be remanded for psychiatric examination and evaluation to the Arkansas State Hospital, or the court may appoint a qualified psychiatrist to make the psychiatric examination and evaluation.
(d)(1) Before imposing sentence, the court shall advise the defendant or his or her counsel of the factual contents and conclusions of any presentence investigation or psychiatric examination and evaluation and afford fair opportunity, if the defendant so requests, to controvert the factual contents and conclusions.
(2) A source of confidential information does not need to be disclosed.
(e) If the defendant is sentenced to imprisonment, a copy of the report of any presentence investigation or psychiatric examination or evaluation shall be transmitted immediately to the Division of Correction or, when the defendant is committed to the custody of a specific institution, to that specific institution.
Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-4-102. Presentence examinations and investigations - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-4-102/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)