reglab/housing_qa huggingface dataset:
AR Code § 5-4-304 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 3 - Suspension or Probation|§ 5-4-304. Confinement as condition of suspension or probation

 (a) If a court suspends the imposition of sentence on a defendant or places him or her on probation, the court may require as an additional condition of its order that the defendant serve a period of confinement in the county jail, city jail, or other authorized local detention, correctional, or rehabilitative facility at any time or consecutive or nonconsecutive intervals within the period of suspension or probation as the court shall direct.  (b) An order that the defendant serve a period of confinement as a condition of suspension or probation is not deemed a sentence to a term of imprisonment, and a court does not need to enter a judgment of conviction before imposing a period of confinement as a condition of suspension or probation.  (c)  (1)  (A) The period actually spent in confinement pursuant to this section in a county jail, city jail, or other authorized local detention, correctional, or rehabilitative facility shall not exceed:  (i) One hundred twenty (120) days in the case of a felony; or  (ii) Thirty (30) days in the case of a misdemeanor.    (B) In the case of confinement to a facility in the Division of Community Correction, the period actually spent in confinement under this section shall not exceed three hundred sixty-five (365) days.    (2) For purposes of this subsection, any part of a twenty-four-hour period spent in confinement constitutes a day of confinement.
AR Code § 5-4-305 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 3 - Suspension or Probation|§ 5-4-305. Effect on appeal

 (a) If a court suspends imposition of sentence on a defendant or places him or her on probation, the fact that a judgment of conviction is not entered does not preclude:  (1) An appeal on the basis of any error in the adjudication of guilt or any error in the entry of the order of the suspension or probation; or  (2) The imposition of any costs authorized by law.    (b) An appeal following a suspension or probation may be taken by filing notice of appeal in the manner prescribed by law within thirty (30) days after the docket entry of the suspension or probation.
AR Code § 5-4-306 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 3 - Suspension or Probation|§ 5-4-306. Time period generally

 If a court suspends imposition of sentence on a defendant or places him or her on probation, the period of suspension or probation shall be for a definite period of time not to exceed the maximum jail or prison sentence allowable for the offense charged.
AR Code § 5-4-307 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 3 - Suspension or Probation|§ 5-4-307. Time period — Calculation

 (a) Except as provided in subsection (c) of this section, a period of suspension or probation commences to run when the circuit court pronounces the probationer's sentence in the courtroom or upon the entry of a sentencing order, whichever occurs first.  (b)  (1) Whether pronounced or entered at the same or a different time, multiple periods of suspension or probation run concurrently.  (2) The period of a suspension or probation also runs concurrently with any federal or state term of imprisonment or parole to which a defendant is or becomes subject to during the period of the suspension or probation.    (c) If a court sentences a defendant to a term of imprisonment and suspends imposition of sentence as to an additional term of imprisonment, the period of the suspension commences to run on the day the defendant is lawfully set at liberty from the imprisonment.
AR Code § 5-4-313 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 3 - Suspension or Probation|§ 5-4-313. Placement in a drug treatment program — Drug court alternative

 If a judicial district has one (1) or more of the following programs in place at the time of a defendant's sentencing for a felony, a court may sentence the defendant to:   (1) A posttrial treatment program for drug abuse under § 16-98-201; or  (2) Drug court under the Arkansas Drug Court Act, § 16-98-301 et seq.
AR Code § 5-4-320 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 3 - Suspension or Probation|§ 5-4-320. Certain convicted felons to observe operations of correctional facility

 (a) Any person who pleads guilty or nolo contendere or is found guilty in any circuit court of this state of a felony and whose sentence of imprisonment is placed on suspension or who is placed on probation may be ordered by the circuit court to report to an appropriate Division of Correction facility on a date certain to be scheduled by the division for the duration of that work day to observe the operation of the division's facility.  (b) The person convicted of the felony shall bear the cost of transportation to and from the division's facility.
AR Code § 5-4-321 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 3 - Suspension or Probation|§ 5-4-321. Judgment in certain misdemeanor traffic cases — Postponement

 (a) In a misdemeanor traffic case, other than a case involving driving under the influence of alcohol or a drug, a judge may postpone a judgment for not more than one (1) year, and during the one (1) year period a defendant:  (1) Is in a probation status, supervised or unsupervised; and  (2) Remains in a probation status until a judgment is entered.    (b) At the request of a defendant, parent of a minor defendant, or counsel for a defendant, judgment shall be entered as quickly as feasible and not more than ten (10) days following the request.  (c) At the request of a defendant, parent of a minor defendant, or counsel for a defendant, probation may be continued and judgment postponed for more than one (1) year.
AR Code § 5-4-401 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 4 - Imprisonment|§ 5-4-401. Sentence

 (a) A defendant convicted of a felony shall receive a determinate sentence according to the following limitations:  (1) For a Class Y felony, the sentence shall be not less than ten (10) years and not more than forty (40) years, or life;  (2) For a Class A felony, the sentence shall be not less than six (6) years nor more than thirty (30) years;  (3) For a Class B felony, the sentence shall be not less than five (5) years nor more than twenty (20) years;  (4) For a Class C felony, the sentence shall be not less than three (3) years nor more than ten (10) years;  (5) For a Class D felony, the sentence shall not exceed six (6) years; and  (6) For an unclassified felony, the sentence shall be in accordance with a limitation of the statute defining the felony.    (b) A defendant convicted of a misdemeanor may be sentenced according to the following limitations:  (1) For a Class A misdemeanor, the sentence shall not exceed one (1) year;  (2) For a Class B misdemeanor, the sentence shall not exceed ninety (90) days;  (3) For a Class C misdemeanor, the sentence shall not exceed thirty (30) days; and  (4) For an unclassified misdemeanor, the sentence shall be in accordance with a limitation of the statute defining the misdemeanor.
AR Code § 5-4-402 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 4 - Imprisonment|§ 5-4-402. Place of imprisonment

 (a) Except as provided in §§ 5-4-304 and 16-93-708, a defendant convicted of a felony and sentenced to imprisonment shall be committed to the custody of the Division of Correction for the term of his or her sentence or until released in accordance with law.  (b) Except as provided in § 16-93-708, a defendant convicted of a misdemeanor and sentenced to imprisonment shall be committed to the county jail or other authorized institution designated by the court for the term of his or her sentence or until released in accordance with law.  (c) Except as provided in § 5-4-304 or § 16-93-708, a defendant convicted of a felony violation of §§ 5-64-419 — 5-64-442 and sentenced to imprisonment shall be committed to the custody of the Division of Correction for the term of his or her sentence or until released in accordance with law.  (d)  (1)  (A) A juvenile sentenced in circuit court who is less than sixteen (16) years of age when sentenced shall be committed to the custody of the Division of Youth Services until his or her sixteenth birthday, at which time he or she shall be transferred to the Division of Correction, except as provided by court order or parole decision made by the Parole Board.  (B) Any record from the Division of Youth Services shall be transferred to the Division of Correction at the time the juvenile is transferred.    (2) A juvenile less than sixteen (16) years of age who is awaiting transfer to the Division of Correction shall be segregated from the general delinquency population housed at the Division of Youth Services.    (e)  (1) With the consent and approval of the Division of Youth Services, the Division of Correction may transfer from the Division of Correction to the Division of Youth Services any inmate less than eighteen (18) years of age who, in the opinion of the Division of Correction and the Division of Youth Services, is more suited and adaptable by age, physical size, and temperament to a program of the Department of Human Services.  (2)  (A) An inmate transferred to the Division of Youth Services shall be segregated from the general delinquency population housed at the Division of Youth Services.  (B) If an inmate violates a rule of the Division of Youth Services' program or facility or is otherwise not amenable to the Division of Youth Services' rehabilitative effort, the Division of Youth Services may return the inmate to the Division of Correction.    (3) Any inmate transferred to the Division of Youth Services under this subsection shall be returned to the Division of Correction on the inmate's eighteenth birthday.
AR Code § 5-4-403 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 4 - Imprisonment|§ 5-4-403. Multiple sentences — Concurrent and consecutive terms

 (a) When multiple sentences of imprisonment are imposed on a defendant convicted of more than one (1) offense, including an offense for which a previous suspension or probation has been revoked, the sentences shall run concurrently unless, upon recommendation of the jury or the court's own motion, the court orders the sentences to run consecutively.  (b) When a sentence of imprisonment is imposed on a defendant who has previously been sentenced to imprisonment, whether by a court of this state, a court of another state, or a federal court, the subsequent sentence shall run concurrently with any undischarged portion of the previous sentence unless, upon recommendation of the jury or the court's own motion, the court imposing the subsequent sentence orders it to run consecutively with the previous sentence.  (c) The power of the court to order that sentences run consecutively is subject to the following limitations:  (1) A sentence of imprisonment for a misdemeanor and a sentence of imprisonment for a felony shall run concurrently, and both sentences are satisfied by service of sentence for a felony; and  (2) The aggregate of consecutive terms for misdemeanors shall not exceed one (1) year.    (d) The court is not bound by a recommendation of the jury concerning a sentencing option under this section.
AR Code § 5-4-404 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 4 - Imprisonment|§ 5-4-404. Credit for time spent in custody

 If a defendant is held in custody for conduct that results in a sentence to imprisonment or confinement as a condition of suspension or probation, the court, the Division of Correction, or the Division of Community Correction shall credit the time spent in custody against the sentence, including time spent in a local jail facility awaiting transfer to the Division of Correction or the Division of Community Correction.
AR Code § 5-4-502 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 5 - Extended Term of Imprisonment|§ 5-4-502. Habitual offenders — Sentencing procedure

 The following procedure governs a trial at which a sentence to an extended term of imprisonment is sought pursuant to § 5-4-501:   (1) The jury shall first hear all evidence relevant to the felony with which the defendant is currently charged and shall retire to reach a verdict of guilt or innocence on this charge;  (2)  (A) If the defendant is found guilty of the felony, out of the hearing of the jury the trial court shall hear evidence of the defendant's prior felony convictions or prior findings of the defendant's guilt of felonies and shall determine the number of prior felony convictions, if any.  (B) The defendant shall have the right to hear and controvert evidence described in subdivision (2)(A) of this section and to offer evidence in his or her support;    (3)  (A) The trial court shall then instruct the jury as to the number of prior felony convictions and the statutory sentencing range.  (B) The jury may be advised as to the nature of a prior felony conviction and the date and place of a prior felony conviction; and    (4) The jury shall retire again and then determine a sentence within the statutory range.
AR Code § 5-4-503 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 5 - Extended Term of Imprisonment|§ 5-4-503. Habitual offenders — Previous conviction in another jurisdiction

 For purposes of § 5-4-501, a conviction or finding of guilt of an offense in another jurisdiction constitutes a previous conviction or finding of guilt of a felony if a sentence of death or of imprisonment for a term in excess of one (1) year was authorized under a law of the other jurisdiction.
AR Code § 5-4-504 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 5 - Extended Term of Imprisonment|§ 5-4-504. Habitual offenders — Proof of previous conviction

 (a) A previous conviction or finding of guilt of a felony may be proved by any evidence that satisfies the trial court beyond a reasonable doubt that the defendant was convicted or found guilty.  (b) Any of the following are sufficient to support a finding of a prior conviction or finding of guilt:  (1) A certified copy of the record of a previous conviction or finding of guilt by a court of record;  (2) A certificate of the warden or other chief officer of a correctional institution of this state or of another jurisdiction, containing the name and fingerprints of the defendant as the name and fingerprints appear in the records of the warden's or other chief officer's office; or  (3) A certificate of the chief custodian of the records of the United States Department of Justice, containing the name and fingerprints of the defendant as the name and fingerprints appear in the records of the chief custodian's office.
AR Code § 5-4-601 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 6 - Trial and Sentence — Capital Murder|§ 5-4-601. Legislative intent

 (a) In enacting this subchapter, it is the intent of the General Assembly to specify the procedures and standards pursuant to which a sentencing body shall conform in making a determination as to whether a sentence of death is to be imposed upon a conviction of capital murder.  (b) If the provisions of this subchapter respecting sentencing procedures are held invalid with regard to the imposition of a sentence of death or a sentence of death is declared to be invalid per se, it is the intent of the General Assembly that:  (1) Capital murder is punishable by life imprisonment without parole; and  (2) The procedures and findings required by §§ 5-4-602 — 5-4-605, 5-4-607, and 5-4-608 are deemed repealed and of no effect.
AR Code § 5-4-602 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 6 - Trial and Sentence — Capital Murder|§ 5-4-602. Capital murder charge — Trial procedure

 The following procedures govern a trial of a person charged with capital murder:   (1) The jury shall first hear all evidence relevant to the charge and shall then retire to reach a verdict of guilt or innocence;  (2) If the defendant is found not guilty of the capital offense charged but guilty of a lesser included offense, the sentence shall be determined and imposed as provided by law;  (3)  (A) If the defendant is found guilty of capital murder, the same jury shall sit again in order to:  (i) Hear additional evidence as provided by subdivisions (4) and (5) of this section; and  (ii) Determine the sentence in the manner provided by § 5-4-603.    (B) However, if the state waives the death penalty, stipulates that no aggravating circumstance exists, or stipulates that mitigating circumstances outweigh aggravating circumstances, then:  (i) A hearing under subdivision (3)(A) of this section is not required; and  (ii) The trial court shall sentence the defendant to life imprisonment without parole.    (C) If the defendant was less than eighteen (18) years of age at the time of the offense, then a hearing under subdivision (3)(A) of this section is not required;    (4)  (A) If the defendant and the state are accorded an opportunity to rebut the evidence, in determining the sentence evidence may be presented to the jury as to any:  (i) Matter relating to an aggravating circumstance enumerated in § 5-4-604;  (ii) Mitigating circumstance; or  (iii) Other matter relevant to punishment, including, but not limited to, victim impact evidence.    (B)  (i) Evidence as to any mitigating circumstance may be presented by either the state or the defendant regardless of the evidence's admissibility under the rules governing admission of evidence in a trial of a criminal matter.  (ii) However, mitigating circumstance evidence shall be relevant to the issue of punishment, including, but not limited to, the nature and circumstances of the crime, and the defendant's character, background, history, and mental and physical condition as set forth in § 5-4-605.    (C) The admissibility of evidence relevant to an aggravating circumstance set forth in § 5-4-604 is governed by the rules governing the admission of evidence in a trial of a criminal matter.  (D) Any evidence admitted at the trial relevant to punishment may be considered by the jury without the necessity of reintroducing the evidence at the sentencing proceeding; and    (5) The state and the defendant or his or her counsel are permitted to present argument respecting sentencing:  (A) The state shall open the argument;  (B) The defendant is permitted to reply; and  (C) The state is then permitted to reply in rebuttal.
AR Code § 5-4-603 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 6 - Trial and Sentence — Capital Murder|§ 5-4-603. Findings required for death sentence — Harmless error review

 (a) The jury shall impose a sentence of death if the jury unanimously returns written findings that:  (1) An aggravating circumstance exists beyond a reasonable doubt;  (2) Aggravating circumstances outweigh beyond a reasonable doubt all mitigating circumstances found to exist; and  (3) Aggravating circumstances justify a sentence of death beyond a reasonable doubt.    (b) The jury shall impose a sentence of life imprisonment without parole if the jury finds that:  (1) Aggravating circumstances do not exist beyond a reasonable doubt;  (2) Aggravating circumstances do not outweigh beyond a reasonable doubt all mitigating circumstances found to exist; or  (3) Aggravating circumstances do not justify a sentence of death beyond a reasonable doubt.    (c) If the jury does not make any finding required by subsection (a) of this section, the court shall impose a sentence of life imprisonment without parole.  (d)  (1) On an appellate review of a death sentence, the Supreme Court shall conduct a harmless error review of the defendant's death sentence if:  (A) The Supreme Court finds that the jury erred in finding the existence of any aggravating circumstance for any reason; and  (B) The jury found no mitigating circumstance.    (2) The Supreme Court shall conduct a harmless error review under subdivision (d)(1) of this section by determining that a remaining aggravating circumstance:  (A) Exists beyond a reasonable doubt; and  (B) Justifies a sentence of death beyond a reasonable doubt.      (e) If the Supreme Court concludes that the erroneous finding of any aggravating circumstance by the jury would not have changed the jury's decision to impose the death penalty on the defendant, then a simple majority of the court may vote to affirm the defendant's death sentence.
AR Code § 5-4-605 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 6 - Trial and Sentence — Capital Murder|§ 5-4-605. Mitigating circumstances

 A mitigating circumstance includes, but is not limited to, the following:   (1) The capital murder was committed while the defendant was under extreme mental or emotional disturbance;  (2) The capital murder was committed while the defendant was acting under an unusual pressure or influence or under the domination of another person;  (3) The capital murder was committed while the capacity of the defendant to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of law was impaired as a result of mental disease or defect, intoxication, or drug abuse;  (4) The youth of the defendant at the time of the commission of the capital murder;  (5) The capital murder was committed by another person and the defendant was an accomplice and his or her participation was relatively minor; or  (6) The defendant has no significant history of prior criminal activity.
AR Code § 5-4-606 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 6 - Trial and Sentence — Capital Murder|§ 5-4-606. Life imprisonment without parole

 A person sentenced to life imprisonment without parole shall:   (1) Be remanded to the custody of the Division of Correction for imprisonment for the remainder of his or her life; and  (2) Not be released except pursuant to commutation, pardon, or reprieve of the Governor.