§ 16-93-1206 - Sentencing alternatives. - Arkansas Statutes

16-93-1206. Sentencing alternatives.

(a) (1) The trial court may require that either a presentence investigation be conducted by either the probation officer or presentence investigation officer assigned to the court or may require that the defense counsel of the person, the prosecuting authority, the probation officer, and other persons whom the trial court believes have knowledge or information relevant to the sentencing of the convicted person submit to the trial court the information in writing for the sentencing phase of the trial.

(2) Either the presentence investigation or information gathered by the above-mentioned parties shall be forwarded, with the commitment, to be retained in the offender's file.

(b) Upon determination by the court that the offender is an eligible offender and that placement in a community correction program is proper, the court may utilize the following methods of placement:

(1) (A) Suspend the imposition of the sentence or place the offender on probation, pursuant to 5-4-104, 5-4-201 et seq., and 5-4-301 -- 5-4-311.

(B) This sentence may be accompanied by assignment to a community correction program for a designated period of time commensurate with the goals of the program assignment and the rules and regulations established by the Board of Corrections for the operation of community correction programs.

(C) The trial court shall maintain jurisdiction over the eligible offender sentenced in this manner with supervision outside the confines of the specific programming provided by probation officers assigned to the court;

(2) (A) In the event a person sentenced under subdivision (b)(1) of this section 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 established by law for the revocation of suspended imposition of sentence or probation.

(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 Department of Community Correction.

(C) If committed to the Department of Correction, the court shall specify if the commitment is for judicial transfer of the offender to the Department of Community Correction or is a regular commitment; and

(3) (A) Commit the eligible offender to the custody of the Department of Correction pursuant to this subchapter for judicial transfer to the Department of Community Correction subject to the following:

(i) That the sentence imposed provides that the offender shall serve no more than two (2) years of confinement, with credit for meritorious good time, with initial placement in a Department of Community Correction facility; and

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

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

(c) No offender may be excluded from placement in a community correction program based solely on the offender's inability to speak, read, write, or hear or to understand English.