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Ark. Code Ann. § 5-4-101

Definitions

Applied in 16 court decisions — leading case Harness v. State (2003)

Most recently applied in Timothy Finley v. State of Arkansas (November 2024)

Acts 1975, No. 280, § 801; 1981, No. 620, § 6; A.S.A. 1947, § 41-801; Acts 1993, No. 533, § 1; 1993, No. 553, § 1; 1999, No. 216, § 1; 2005, No. 680, § 1; 2013, No. 1030, § 1.

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

As used in this chapter:

(1) “Imprisonment” means: Incarceration in a detention facility operated by the state or any of its political subdivisions; or

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

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

(4) “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;

(5) “Probation officer” means a salaried officer attached to the court pursuant to § 16-93-402 [repealed] or a reputable person designated by the court to supervise a defendant who is placed on probation;

(6) “Recidivism” means a criminal act that results in the rearrest, reconviction, or return to incarceration of a person with or without a new sentence during a three-year period following the person's release from custody;

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

(8) “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

(9) “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.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.