reglab/housing_qa huggingface dataset:
AR Code § 5-4-607 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 6 - Trial and Sentence — Capital Murder|§ 5-4-607. Application for executive clemency — Regulations

 (a) The pardon of a person convicted of capital murder, § 5-10-101, or of a Class Y felony, Class A felony, or Class B felony, or the commutation of a sentence of a person convicted of capital murder, § 5-10-101, or of a Class Y felony, Class A felony, or Class B felony, may be granted only in the manner provided in this section.  (b)  (1) A copy of the application for pardon or commutation shall be filed with:  (A) The Secretary of State;  (B) The Attorney General;  (C) The sheriff of the county where the offense was committed;  (D) The prosecuting attorney of the judicial district where the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that prosecuting attorney;  (E) The circuit judge presiding over the proceedings at which the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that circuit judge; and  (F) The victim of the crime or the victim's next of kin, if he or she files a request for notice with the prosecuting attorney.    (2)  (A) The application shall set forth a ground upon which the pardon or commutation is sought.  (B) If the application involves a conviction for capital murder, § 5-10-101, a notice of the application shall be published by two (2) insertions, separated by a minimum of seven (7) days, in a newspaper of general circulation in the county or counties where the offense or offenses of the applicant were committed.      (c) On granting an application for pardon or commutation, the Governor shall:  (1) Include in his or her written order the reason for the granting of the application; and  (2) File with the House of Representatives and the Senate a copy of his or her written order which shall state the:  (A) Applicant's name;  (B) Offense of which the applicant was convicted and the sentence imposed;  (C) Date of the judgment imposing the sentence; and  (D) Effective date of the pardon or commutation.      (d) A person sentenced to death or to life imprisonment without parole is not eligible for parole and shall not be paroled.  (e) If the sentence of a person sentenced to death or life imprisonment without parole is commuted by the Governor to a term of years, the person shall not be paroled, nor shall the length of his or her incarceration be reduced in any way to less than the full term of years specified in the order of commutation or in any subsequent order of commutation.  (f) A reprieve may be granted as presently provided by law.
AR Code § 5-4-608 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 6 - Trial and Sentence — Capital Murder|§ 5-4-608. Waiver of death penalty

 (a) If a defendant is charged with capital murder, with the permission of the court the prosecuting attorney may waive the death penalty.  (b) In a case described in subsection (a) of this section, if the defendant pleads guilty to capital murder or is found guilty of capital murder after trial to the court or to a jury, the trial court shall sentence the defendant to life imprisonment without parole.
AR Code § 5-4-615 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 6 - Trial and Sentence — Capital Murder|§ 5-4-615. Conviction — Punishments

 A person convicted of a capital offense shall be punished by death by lethal injection or by life imprisonment without parole pursuant to this subchapter.
AR Code § 5-4-616 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 6 - Trial and Sentence — Capital Murder|§ 5-4-616. Procedures following remand of capital case after vacation of death sentence — Retroactive application

 (a) Notwithstanding § 5-4-602(3) that requires that the same jury sit in the sentencing phase of a capital murder trial, the following shall apply:  (1)  (A) Upon any appeal by the defendant when the sentence is of death, if the appellate court finds prejudicial error in the sentencing proceeding only, the appellate court may set aside the sentence of death and remand the case to the trial court in the jurisdiction in which the defendant was originally sentenced.  (B) No error in the sentencing proceeding shall result in the reversal of the conviction for a capital felony.  (C) When a capital case is remanded after vacation of a death sentence, the prosecutor may move the trial court to:  (i) Impose a sentence of life without parole, and the trial court may impose the sentence of life without parole without a hearing; or  (ii) Impanel a new sentencing jury;      (2) If the prosecutor elects subdivision (a)(1)(C)(ii) of this section the trial court shall impanel a new jury for the purpose of conducting a new sentencing proceeding;  (3) A new sentencing proceeding is governed by the provisions of § 5-4-602(4) and (5) and §§ 5-4-603 — 5-4-605;  (4)  (A) Any exhibit and a transcript of any testimony or other evidence properly admitted in the prior trial and sentencing is admissible in the new sentencing proceeding.  (B) Additional relevant evidence may be admitted including testimony of a witness who testified at the previous trial; and    (5) The provisions of this section:  (A) Are procedural; and  (B) Apply retroactively to any defendant sentenced to death after January 1, 1974.      (b) This section shall not be construed to amend a provision of § 5-4-602 requiring the same jury to sit in both the guilt and sentencing phases of the original trial.
AR Code § 5-4-618 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 6 - Trial and Sentence — Capital Murder|§ 5-4-618. Defendants with intellectual disabilities

 (a)  (1) As used in this section, “intellectual disabilities” means:  (A) Significantly below-average general intellectual functioning accompanied by a significant deficit or impairment in adaptive functioning manifest in the developmental period, but no later than eighteen (18) years of age; and  (B) A deficit in adaptive behavior.    (2) There is a rebuttable presumption of intellectual disabilities when a defendant has an intelligence quotient of sixty-five (65) or below.    (b) No defendant with intellectual disabilities at the time of committing capital murder shall be sentenced to death.  (c) The defendant has the burden of proving intellectual disabilities at the time of committing the offense by a preponderance of the evidence.  (d)  (1) A defendant on trial for capital murder shall raise the special sentencing provision of intellectual disabilities by motion prior to trial.  (2)  (A) Prior to trial, the court shall determine if the defendant has an intellectual disability.  (B)  (i) If the court determines that the defendant does not have an intellectual disability, the defendant may raise the question of an intellectual disability to the jury for determination de novo during the sentencing phase of the trial.  (ii) At the time the jury retires to decide mitigating and aggravating circumstances, the jury shall be given a special verdict form on an intellectual disability.  (iii) If the jury unanimously determines that the defendant had an intellectual disability at the time of the commission of capital murder, then the defendant will automatically be sentenced to life imprisonment without possibility of parole.    (C) If the court determines that the defendant has an intellectual disability, then:  (i) The jury is not “death qualified”; and  (ii) The jury shall sentence the defendant to life imprisonment without possibility of parole upon conviction.        (e) However, this section is not deemed to:  (1) Require unanimity for consideration of any mitigating circumstance; or  (2) Supersede any suggested mitigating circumstance regarding mental defect or disease currently found in § 5-4-605.
AR Code § 5-4-701 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 7 - Enhanced Penalties for Certain Offenses|§ 5-4-701. Definitions

 As used in this subchapter:   (1) “Child” means a person under eighteen (18) years of age;  (2) “Conductor” means a conductor, switchman, brakeman, trainman, or fireman licensed and certified by the Federal Railroad Administration;  (3) “Engineer” means an engineer licensed and certified by the Federal Railroad Administration;  (4) “Family member of a current or former law enforcement officer or first responder” means the husband, wife, son, daughter, brother, sister, or parent of a current or former law enforcement officer or first responder;  (5) “First responder” means a firefighter or a person employed as an emergency medical provider;  (6) “In the presence of a child” means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act;  (7) “Law enforcement officer” includes without limitation a:  (A) Prosecuting attorney or a deputy prosecuting attorney;  (B) Code enforcement officer; and  (C) Corrections officer;    (8) “Public transit employee” means a bus, rail, or trolley operator tasked with the transport of persons;  (9) “Railroad or public transit employee” means a conductor, engineer, public transit employee, or railroad management; and  (10) “Railroad management” means a rail employee overseeing and assisting in the operation of rail transit.
AR Code § 5-4-702 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 7 - Enhanced Penalties for Certain Offenses|§ 5-4-702. Enhanced penalties for offenses committed in presence of a child

 (a) A person who commits any of the following offenses may be subject to an enhanced sentence of an additional term of imprisonment of not less than one (1) year and not greater than ten (10) years if the offense is committed in the presence of a child:  (1) Capital murder, § 5-10-101;  (2) Murder in the first degree, § 5-10-102;  (3) Murder in the second degree, § 5-10-103;  (4) Aggravated robbery, § 5-12-103;  (5) A felony offense of assault or battery under § 5-13-201 et seq.;  (6) Rape, § 5-14-103;  (7) Sexual assault in the second degree, § 5-14-125; or  (8) A felony offense of domestic battering or assault on a family or household member under §§ 5-26-303 — 5-26-309.    (b) Any person who commits the offense of aggravated cruelty to a dog, cat, or equine under § 5-62-104 may be subject to an enhanced sentence of an additional term of imprisonment not to exceed five (5) years if the offense is committed in the presence of a child.  (c)  (1) To seek an enhanced penalty established in this section, a prosecuting attorney shall notify the defendant in writing that the defendant is subject to the enhanced penalty.  (2) If the defendant is charged by information or indictment, the prosecuting attorney may include the written notice in the information or indictment.    (d) The enhanced portion of the sentence is consecutive to any other sentence imposed.  (e) Any person convicted under this section is not eligible for early release on parole or community correction transfer for the enhanced portion of the sentence.
AR Code § 5-4-704 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 7 - Enhanced Penalties for Certain Offenses|§ 5-4-704. Sentence enhancement for offense targeting current or former law enforcement officer, first responder, or family member of current or former law enforcement officer or first responder

 (a) A person is subject to an enhanced sentence under this section if the person purposely selected the victim of an offense committed by the person because the victim is:  (1) Currently employed or was formerly employed as a law enforcement officer or first responder; or  (2) A family member of a current or former law enforcement officer or first responder.    (b) If a sentence enhancement is sought under this section, the information or indictment shall include:  (1) That the sentence enhancement under this section is being sought; and  (2) The allegations supporting the imposition of the enhanced sentence under this section.    (c) The sentence enhancement under this section is as follows:  (1) If the person is convicted of a Class A misdemeanor or an unclassified misdemeanor with a possible sentence greater than ninety (90) days' imprisonment, an additional period of imprisonment of not more than one (1) year;  (2) If the person is convicted of a Class C felony, Class D felony, or an unclassified felony, an additional period of imprisonment of at least six (6) months but no more than two (2) years; and  (3) If the person is convicted of a Class Y felony, Class A felony, or Class B felony, an additional period of imprisonment of at least two (2) years but no more than ten (10) years.    (d) The sentence enhancement under this section is not applicable if:  (1) The victim of the offense is a law enforcement officer or first responder; and  (2) An element of the underlying offense is that the victim is a law enforcement officer or first responder.
AR Code § 5-4-705 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 7 - Enhanced Penalties for Certain Offenses|§ 5-4-705. Sentence enhancement for offense targeting railroad or public transit employee

 (a) A person is subject to an enhanced sentence under this section if the person purposely selected the victim of an offense committed by the person because the victim is a railroad or public transit employee.  (b) If a sentence enhancement is sought under this section, the information or indictment shall include:  (1) That the sentence enhancement under this section is being sought; and  (2) The allegations supporting the imposition of the enhanced sentence under this section.    (c) The sentence enhancement under this section is as follows:  (1) If the person is convicted of a Class A misdemeanor or an unclassified misdemeanor with a possible sentence greater than ninety (90) days' imprisonment, an additional period of imprisonment of not more than one (1) year;  (2) If the person is convicted of a Class C felony, Class D felony, or an unclassified felony, an additional period of imprisonment of at least six (6) months but no more than two (2) years; and  (3) If the person is convicted of a Class Y felony, Class A felony, or Class B felony, an additional period of imprisonment of at least two (2) years but no more than ten (10) years.
AR Code § 5-4-706 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 7 - Enhanced Penalties for Certain Offenses|§ 5-4-706. Local cybercrime fee

 (a) As used in this section, “applicable felony” means:  (1) A felony involving violence as defined in § 5-4-501(d)(2);  (2) A felony offense for which a person is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; or  (3) A felony offense under § 12-12-904.    (b) In addition to any other fee authorized or required by law, a circuit court shall assess an additional fee of up to five hundred dollars ($500) for each applicable felony conviction for an offense that the trier of fact finds:  (1) Involved the use of a computer, an electronic device, or the internet; and  (2) The investigation of which expended specialized law enforcement personnel or materials designed to investigate offenses involving a computer, an electronic device, or the internet.    (c)  (1)  (A) A fee provided for under subsection (b) of this section and collected in a circuit court shall be remitted by the tenth day of each month to a special cybercrime fee law enforcement fund to be administered by the prosecuting attorney.  (B) The special cybercrime fee law enforcement fund shall consist of moneys obtained under this section or as otherwise provided for by law.    (2) Moneys in the special cybercrime fee law enforcement fund shall be expended on a periodic basis and upon a showing of necessity to local law enforcement agencies located in or in part of the judicial district for the purposes of training law enforcement personnel in the investigation of offenses involving the use of a computer, electronic device, or the internet and in procuring tools and devices that assist in the investigation of offenses involving the use of a computer, electronic device, or the internet.  (3) Moneys in the special cybercrime fee law enforcement fund shall not be considered a source of revenue to meet a normal operating expense.
AR Code § 5-4-707 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 7 - Enhanced Penalties for Certain Offenses|§ 5-4-707. Additional term of imprisonment for offense constituting violence against church or other place of worship

 (a) As used in this section, “serious felony involving violence” means:  (1) Murder in the first degree, § 5-10-102;  (2) Murder in the second degree, § 5-10-103;  (3) Battery in the first degree, § 5-13-201;  (4) Aggravated assault, § 5-13-204;  (5) Terroristic threatening, § 5-13-301, if a felony;  (6) Terroristic act, § 5-13-310;  (7) Causing a catastrophe, § 5-38-202(a);  (8) Arson, § 5-38-301;  (9) Terrorism, § 5-54-205;  (10) A felony offense under § 5-54-201;  (11) Unlawful discharge of a firearm from a vehicle, § 5-74-107;  (12) Criminal use of prohibited weapons, § 5-73-104, involving an activity making it a Class B felony; or  (13) A felony attempt, solicitation, or conspiracy to commit an offense listed in this subsection, if the attempt, solicitation, or conspiracy itself is a felony.    (b) A person is subject to an additional term of imprisonment under this section if the person:  (1) Purposely selected the victim of an offense committed by the person because the victim was present on the grounds of or in a church or other place of worship at the time of the offense; and  (2) Committed a serious felony involving violence against the victim.    (c) If an additional term of imprisonment is sought under this section, the information or indictment shall include:  (1) That the additional term of imprisonment under this section is being sought; and  (2) The allegations supporting the imposition of the additional term of imprisonment under this section.    (d) The additional term of imprisonment under this section is for a minimum of one (1) year but no more than ten (10) years in the Division of Correction.  (e) The additional term of imprisonment under this section is consecutive to any other sentence imposed.  (f) A person receiving an additional term of imprisonment under this section is not eligible for early release on parole or community correction transfer for the additional term of imprisonment.
AR Code § 5-4-801 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 8 - Sentencing Alternative — Community Service Work|§ 5-4-801. Definitions

 As used in this subchapter:   (1) “Community work project” means any program in which an eligible offender in a county jail is allowed to work under the supervision of a government entity on projects on public lands, public buildings, public roads, public parks, and public rights-of-way designed to benefit the government entity supervising the eligible offender;  (2) “Eligible offender” means any person convicted of a misdemeanor offense or felony offense other than:  (A) Capital murder, § 5-10-101;  (B) Murder in the first degree, § 5-10-102;  (C) Murder in the second degree, § 5-10-103;  (D) Manslaughter, § 5-10-104;  (E) Rape, § 5-14-103;  (F) Kidnapping, § 5-11-102;  (G) Aggravated robbery, § 5-12-103;  (H) Driving or boating while intoxicated, second or subsequent offense, § 5-65-103;  (I) Negligent homicide, § 5-10-105;  (J) Trafficking a controlled substance, § 5-64-440;  (K) Any felony involving violence as listed under § 5-4-501(d)(2); or  (L) Any offense requiring registration under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; and    (3) “Work incentive credit” means a sentence credit of up to three (3) days as designated by the court toward completion of an eligible offender's sentence for each day the eligible offender works on a community work project.
AR Code § 5-4-802 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 8 - Sentencing Alternative — Community Service Work|§ 5-4-802. Rules

 The Board of Corrections shall promulgate necessary rules to be followed by a government entity in the supervision of eligible offenders sentenced under this subchapter.
AR Code § 5-4-804 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 8 - Sentencing Alternative — Community Service Work|§ 5-4-804. Medical treatment and costs

 The state is responsible for the cost of medical treatment approved by the Division of Correction of an eligible offender sentenced to a felony under this subchapter if the medical treatment is for:   (1) The result of an injury sustained on the work site of the community work project or during transportation to and from the work site by a government entity; or  (2)  (A) The result of illness or an injury sustained by an eligible offender committed to the county jail or regional jail and who is assigned to a community work project.  (B) The division may transfer an eligible offender committed to a county jail or regional jail under this subchapter to a medical facility or treatment facility, including a facility of the division, it deems appropriate for the medical treatment.    (3) Nothing in this section precludes the division from seeking reimbursement or damages from a person or entity that contributes to or causes the injury or illness referred to in this section.
AR Code § 5-4-805 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 8 - Sentencing Alternative — Community Service Work|§ 5-4-805. Reimbursement for housing eligible offenders

 The state shall reimburse a county for housing an eligible offender convicted of a felony offense and sentenced under this subchapter at a rate to be determined by the Board of Corrections.
AR Code § 5-4-901 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 9 - Sentencing Alternative — Pre-adjudication Probation|§ 5-4-901. Legislative intent

 The intent of this act is to provide the judiciary with an additional alternative to the disposition of criminal offenders that would assist the offender in atoning for his or her criminal transgression and promote the enforcement of the state's criminal statutes while easing the inmate burden on the county jails and the Division of Correction.
AR Code § 5-4-902 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 4 - Disposition of Offenders|Subchapter 9 - Sentencing Alternative — Pre-adjudication Probation|§ 5-4-902. Definitions

 As used in this subchapter, “pre-adjudication” means the period of time after:   (1) The prosecuting attorney files a criminal information or an indictment is filed in circuit court;  (2) The person named in the criminal information or indictment is arraigned on the charge in circuit court; and  (3) The person enters the program without a guilty plea or the person enters a plea of guilty but before the circuit court enters a judgment and pronounces a sentence against the person.