AR Code § 5-4-312 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 3 - Suspension or Probation|§ 5-4-312. Presentence investigation — Placement in a community correction program

 (a)  (1) A court may require that either a presentence investigation be conducted by either the probation officer or presentence investigation officer assigned to the court or that the defense counsel of a defendant, the prosecuting attorney, a probation officer, and other persons whom the court believes have information relevant to the sentencing of the defendant submit to the court the information in writing prior to sentencing.  (2) The presentence investigation or information submitted by the persons described in subdivision (a)(1) of this section shall be forwarded with the commitment order to the circuit clerk and retained in the defendant's case file.    (b) Upon a preliminary determination by a court that a defendant is an eligible offender and that placement in a community correction program under § 16-93-1201 et seq. is proper, the court may:  (1)  (A) Suspend the imposition of the sentence or place the defendant on probation, under § 5-4-104, § 5-4-201 et seq., §§ 5-4-301 — 5-4-307, and § 16-93-314.  (B) A sentence under subdivision (b)(1)(A) of this section may be accompanied by assignment to a community correction program under § 16-93-1201 et seq. for a designated period of time commensurate with the goals of the community correction program assignment and the rules established by the Board of Corrections for the operation of community correction programs.  (C) The court shall maintain jurisdiction over the defendant sentenced under subdivision (b)(1)(A) of this section with supervision outside the confines of the specific programming provided by probation officers assigned to the court.  (D)  (i) If a person sentenced under subdivision (b)(1)(A) of this section violates any term or condition 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.  (ii) Upon revocation as described in subdivision (b)(1)(D)(i) of this section, the court shall determine whether the defendant 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 Division of Correction.  (iii) If the defendant is committed to the Division of Correction under subdivision (b)(1)(D)(ii) of this section, the court shall specify if the commitment is for judicial transfer of the defendant to the Division of Community Correction or is a commitment to the Division of Correction;      (2)  (A) Commit the defendant to the custody of the Division of Correction for judicial transfer to the Division of Community Correction subject to the following:  (i) That the sentence imposed provides that the defendant shall not serve more than three (3) years of confinement, with credit for meritorious good time, with initial placement in a Division of Community Correction facility; and  (ii) That the preliminary placement in the Division of Community Correction facility is conditioned upon the Division of Community Correction's final determination of the defendant's initial and continuing eligibility for Division of Community Correction placement and the defendant's compliance with all applicable rules established by the Board of Corrections for community correction programs.    (B) Post-prison supervision of the defendant shall accompany and follow the community correction program when appropriate; or    (3)  (A) Sentence the defendant to the Division of Correction, granting the Division of Correction the ability to administratively transfer the defendant to the Division of Community Correction if the Division of Correction determines that the sentence imposed meets the eligibility requirements for placement in a community correction program under this subchapter and § 16-93-1201 et seq.  (B) Administrative transfer to the Division of Community Correction under subdivision (b)(3)(A) of this section is conditioned upon bed space availability and upon the Division of Community Correction's final determination of the defendant's initial and continuing eligibility for Division of Community Correction placement.  (C) A determination of ineligibility under subdivision (b)(3)(A) of this section by the Division of Community Correction shall result in the immediate return of the defendant to the Division of Correction.  (D) A decision to release a defendant administratively transferred to the Division of Community Correction from the Division of Correction under subdivision (b)(3)(A) of this section is vested solely with the Parole Board.      (c) A defendant may not be excluded from placement in a community correction program under this section based solely on the defendant's inability to speak, read, write, hear, or understand English.  (d)  (1) If after receipt of an order directing a defendant to a community correction center, the Division of Community Correction determines that the defendant is not eligible for placement in a community correction program under § 16-93-1201 et seq., the Division of Community Correction shall not admit the defendant but shall immediately notify the prosecuting attorney in writing.  (2) After receipt of the notice required under subdivision (d)(1) of this section, the prosecuting attorney shall notify the court of the defendant's ineligibility for placement in a community correction center, and the court shall resentence the defendant accordingly.