(a) (1) At any time before the expiration of a period of suspension or probation, a court may summon a defendant to appear before it or may issue a warrant for the defendant's arrest.
(2) The warrant may be executed by any law enforcement officer.
(b) At any time before the expiration of a period of suspension or probation, any law enforcement officer may arrest a defendant without a warrant if the law enforcement officer has reasonable cause to believe that the defendant has failed to comply with a condition of his or her suspension or probation.
(c) A defendant arrested for violation of suspension 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.
(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 or probation, the court may revoke the suspension or probation at any time prior to the expiration of the period of suspension or probation.
(e) A finding of failure to comply with a condition of suspension 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 or probation subsequent to the expiration of the period of suspension or probation if before expiration of the period:
(1) The defendant is arrested for violation of suspension or probation;
(2) A warrant is issued for the defendant's arrest for violation of suspension or probation;
(3) A petition to revoke the defendant's suspension 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 or probation; or
(B) Served a summons under Rule 6 of the Arkansas Rules of Criminal Procedure for violation of suspension or probation.
(g) (1) (A) If a court revokes a suspension 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 or probation.
(B) If an extension of suspension or probation is made upon revocation, the court is not deprived of the ability to revoke the suspension or probation again should the defendant's conduct again warrant 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, a "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.
Section: Previous 16-93-302 16-93-303 16-93-304 16-93-305 16-93-306 16-93-307 16-93-308 16-93-309 16-93-310 16-93-311 16-93-312 16-93-313 16-93-314 NextLast modified: November 15, 2016