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Arkansas Code Title 5. Criminal Offenses § 5-4-904. Eligibility

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

(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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Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-4-904. Eligibility - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-4-904/

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