reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 3 - RESTITUTION TO VICTIMS (§§ 16-90-301 — 16-90-311) › Section 16-90-308 - Proceeds from sale of rights arising from criminal act

(a)
(1)
Any person referred to as the defendant in this section who has been convicted of or pleaded guilty or nolo contendere to any crime who contracts to benefit economically regarding the crime shall pay to the circuit court in which the charges for the crime were filed any money or thing of value contracted to be paid to the defendant or his or her spouse, heirs, assigns, and transferees.
(2)
As used in subdivision (a)(1) of this section, "benefit economically" does not include reimbursement for travel or other expenses.
(3)
The circuit court shall deposit the moneys into an escrow account for the benefit of and payable to any victim or his or her legal representative of crimes committed by the defendant.
(b)
(1)
Payments from the escrow account shall be made to the defendant upon an order of the judge of the circuit court wherein the charges were filed upon a showing that the money or thing of value shall be used for the exclusive purpose of retaining legal representation for the defendant at any stage of the criminal proceedings arising out of the criminal charge or to pay for already rendered legal representation and that the defendant would otherwise be unable to or has been unable to afford adequate legal representation.
(2)
As used in subdivision (b)(1) of this section, "legal representation" includes costs of expert witnesses and testing of evidence.
(c)
(1)
Payments from the escrow account shall be used to satisfy any civil judgment rendered in favor of a victim or his or her legal representative which arose out of the circumstances upon which the defendant's conviction was based, but only if the victim brings a civil action to recover money against the defendant.
(2)
If no victim or legal representative of a victim has filed suit within five (5) years from the filing of the charges, any money remaining shall be paid over to any state-supported victim reparation or assistance program.
(3)
Upon the disposition of the criminal charges in favor of the defendant, money in the escrow account shall be paid over to the defendant.
(d)
The circuit court in which the charges were filed shall publish a notice in at least one (1) newspaper of general circulation in each county of the state one (1) time every year for four (4) years from the date the money is deposited with the circuit court, notifying any eligible victim or legal representative of an eligible victim that moneys are available to satisfy judgments pursuant to this section.
Amended by Act 2013, No. 1426,§ 2, eff. 8/16/2013.
Acts 1985, No. 382, §§ 1-4; 1985, No. 401, §§ 1-4; A.S.A. 1947, §§ 43-2357 -- 43-2360.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 3 - RESTITUTION TO VICTIMS (§§ 16-90-301 — 16-90-311) › Section 16-90-309 - Restitution for theft of public property

(a)
When any defendant is found guilty or pleads guilty or nolo contendere to theft or any other offense affecting property held by or belonging to the state or any political subdivision thereof, the court shall require the payment of restitution for the benefit of the state or the applicable political subdivision as part of the sentence.
(b)
The court shall set the amount of restitution based on reliable and probative evidence. Any amounts received by the state or a political subdivision from the Self-Insured Fidelity Bond Program, §
21-2-701
et seq., or other third party bonds as a result of the defendant's actions shall not reduce the amount of restitution required to be paid by the defendant.
(c)
If payments are made by the Self-Insured Fidelity Bond Program to reimburse the state or political subdivision for losses incurred as a result of the actions of the defendant, the Self-Insured Fidelity Bond Program is entitled to receive priority to any restitution ordered and received by the court up to the amount paid by the Self-Insured Fidelity Bond Program to the state or political subdivision.
(d)
The Self-Insured Fidelity Bond Program is subrogated to any right of the state or political subdivision to the extent of any proceeds paid by the Self-Insured Fidelity Bond Program.
(e)
If restitution is allowed to be made over a period of time, the court shall also require the payment of interest on the amount of outstanding restitution. Interest shall begin to accrue from the date the court-ordered restitution is filed with the court clerk. The court shall determine the rate of interest to be assessed.
(f)
An order of restitution for the benefit of the state or any political subdivision pursuant to the provisions of this section and §
16-90-310
does not bar any civil remedy that may also be available under law.
Acts 1993, No. 193, §§ 1, 2, 4; 1993, No. 520, §§ 1, 2, 4.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 3 - RESTITUTION TO VICTIMS (§§ 16-90-301 — 16-90-311) › Section 16-90-310 - Theft of public property - Lien on defendant's property

(a)
When any defendant is found guilty of or pleads guilty or nolo contendere to theft or any other offense affecting property held by or belonging to the state or any political subdivision thereof, the circuit court shall order a lien upon any and all property, refunds, or any other items in which the defendant may have a vested interest.
(b)
(1)
The purpose of the lien is to secure the payment of any restitution, fines, court costs, or other payments that may be ordered by the circuit court.
(2)
(A)
The lien shall have the same effect as any other civil judgment.
(B)
The state or the applicable political subdivision may execute upon the judgment in any manner provided by law.
(C)
Notwithstanding any other provisions of law, the state or any political subdivision may execute upon any funds held by a state public retirement system or any state agency or political subdivision in which the defendant may have a vested interest.
(3)
The circuit court shall order that these liens be released upon satisfaction of all payments ordered by the circuit court.
Acts 1993, No. 193, § 3; 1993, No. 520, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 3 - RESTITUTION TO VICTIMS (§§ 16-90-301 — 16-90-311) › Section 16-90-311 - Restitution for audit investigation costs

(a)
When any defendant is found guilty of or pleads guilty or nolo contendere to theft or any other offense affecting property held by or belonging to the State of Arkansas or any political subdivision of the state, and Arkansas Legislative Audit has incurred costs in the investigation of the transactions, the court shall require as part of the sentence the payment of restitution for the audit investigation costs to be payable to Arkansas Legislative Audit.
(b)
(1)
The court shall set the amount of restitution based on audit investigative costs records provided by Arkansas Legislative Audit.
(2)
Any amounts received by the state or a political subdivision from the Self-Insured Fidelity Bond Program, §
21-2-701
et seq., or other third-party bonds as a result of the defendant's actions shall not reduce the amount of restitution required to be paid by the defendant.
Acts 2005, No. 904, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 4 - EXECUTION OF SENTENCE - CONFINEMENT (§§ 16-90-401 — 16-90-409) › Section 16-90-401 - Delivery of copy of judgment to county sheriff

Where a judgment of confinement, either in the Division of Correction or county jail, is pronounced, a certified copy of the judgment must be furnished forthwith to the county sheriff, who shall thereupon execute it, and no other warrant or authority is necessary to its execution.
Amended by Act 2019, No. 910,§ 872, eff. 7/1/2019.
Crim. Code, § 288; C. & M. Dig., § 3253; Pope's Dig., § 4097; A.S.A. 1947, § 43-2601.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 4 - EXECUTION OF SENTENCE - CONFINEMENT (§§ 16-90-401 — 16-90-409) › Section 16-90-402 - Delivery of defendant and copy of judgment to proper officials - Development of standardized copy of sentencing order

(a)
(1)
In executing a judgment of confinement, the county sheriff shall deliver the defendant with a certified standardized copy of the sentencing order to the Division of Correction, Division of Community Correction, or to another detention facility, as indicated in the sentencing order.
(2)
If electronic filing of court records has been implemented by the circuit clerk in the county where the defendant's conviction occurred, the standardized copy of the sentencing order may be electronically transmitted by the circuit clerk to the Division of Correction, the Division of Community Correction, or to another detention facility, as indicated in the sentencing order.
(b)
The standardized copy of the sentencing order shall be developed by a committee composed of:
(1)
Three (3) members appointed by the Secretary of the Department of Corrections, to include:
(A)
One (1) member with experience in records for confined offenders;
(B)
One (1) member with experience in records for offenders on supervision; and
(C)
One (1) member with experience in offender management systems;
(2)
One (1) member appointed by the Chair of the Arkansas Sentencing Commission;
(3)
One (1) member appointed by the Administrative Office of the Courts;
(4)
One (1) member appointed by the Prosecutor Coordinator; and
(5)
One (1) member appointed by the Executive Director of the Arkansas Public Defender Commission.
Amended by Act 2023, No. 659,§ 127, eff. 1/1/2024.
Amended by Act 2019, No. 910,§ 873, eff. 7/1/2019.
Amended by Act 2013, No. 1335,§ 2, eff. 8/16/2013.
Crim. Code, § 293; C. & M. Dig., § 3264; Pope's Dig., § 4109; Acts 1985, No. 975, § 1; A.S.A. 1947, § 43-2602.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 4 - EXECUTION OF SENTENCE - CONFINEMENT (§§ 16-90-401 — 16-90-409) › Section 16-90-403 - Power of county sheriff to prevent escape, etc

In conveying the defendant to the Division of Correction, the county sheriff shall have all the powers of preventing an escape, of resisting an effort to rescue the defendant, of recapturing the defendant, and of summoning persons to his or her aid that the county sheriff would have in executing a warrant of arrest in his or her county.
Amended by Act 2019, No. 910,§ 874, eff. 7/1/2019.
Crim. Code, § 294; C. & M. Dig., § 3263; Pope's Dig., § 4108; A.S.A. 1947, § 43-2603.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 4 - EXECUTION OF SENTENCE - CONFINEMENT (§§ 16-90-401 — 16-90-409) › Section 16-90-404 - Written return of county sheriff

The county sheriff shall make a written return of the execution of the judgment of imprisonment and file the return with the clerk of the court within ten (10) days after the execution of judgment.
Crim. Code, § 295; C. & M. Dig., § 3265; Pope's Dig., § 4110; A.S.A. 1947, § 43-2604.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 4 - EXECUTION OF SENTENCE - CONFINEMENT (§§ 16-90-401 — 16-90-409) › Section 16-90-405 - Filing of judgment with clerk

(a)
It shall be the duty of the justice of the peace or the clerk of the court rendering a judgment or sentence of conviction in misdemeanor cases when the defendant is committed to the county jail to file a copy of the judgment or sentence in the office of the clerk of the county court, together with a full itemized statement of the fine and costs adjudged, as well as a concise statement of the time the convict may be held to labor in discharge of the judgment or sentence.
(b)
The clerk of the county court shall register the judgment or sentence in a book to be kept by him or her for that purpose.
Acts 1881, No. 81, § 15, p. 148; 1883, No. 78, § 4, p. 125; C. & M. Dig., § 2089; Pope's Dig., § 2691; A.S.A. 1947, § 43-2605.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 4 - EXECUTION OF SENTENCE - CONFINEMENT (§§ 16-90-401 — 16-90-409) › Section 16-90-407 - Confinement in default of payment of fine

(a)
The defendant shall not be held in confinement under an execution for a fine for a longer period than at the rate of one (1) day for each two dollars ($2.00) of the fine. However, the confinement shall not discharge the fine, which thereafter can only be collected by proceeding against the defendant's property.
(b)
The provisions of this section shall not apply to judgments in city or police courts, which may be discharged by confinement in the city workhouse, according to the provisions of the special statutes regulating them.
Crim. Code, § 299; C. & M. Dig., § 3266; Pope's Dig., § 4111; A.S.A. 1947, § 43-2606.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 4 - EXECUTION OF SENTENCE - CONFINEMENT (§§ 16-90-401 — 16-90-409) › Section 16-90-408 - Grounds for removal of person in confinement

A person committed to prison for any criminal offense who is in the custody of an officer shall not be removed from the prison or delivered to the custody of any other officer, except in the following cases:
(1)
By writ of habeas corpus or some other legal writ or under the guidelines of the Interstate Corrections Compact, §
12-49-101
et seq.;
(2)
When he or she may be delivered to an officer, to be removed to some common jail;
(3)
In case of fire, infectious disease, or other great necessity; or
(4)
(A)
When the prisoner is charged by affidavit with treason or felony committed in some other state or territory of the United States of America.
(B)
In such a case, on the demand of the executive of that state or the governor of a territory of the United States from which the prisoner fled, the prisoner shall be sent in custody by order of any circuit court or may be bound by recognizance, with good security by the court to appear at the proper time and place and surrender himself or herself to the court or tribunal having jurisdiction of the offense if the court, upon consideration of the evidence, shall be of the opinion that he or she should be put upon trial.
Crim. Code, § 388; Acts 1871, No. 49, § 1[388], p. 255; C. & M. Dig., §§ 32671/2, 5118; Pope's Dig., §§ 4113, 6381; Acts 1985, No. 827, § 1; A.S.A. 1947, § 43-2607.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 4 - EXECUTION OF SENTENCE - CONFINEMENT (§§ 16-90-401 — 16-90-409) › Section 16-90-409 - Judgment - Abatement of nuisance, etc

(a)
A certified copy of the judgment delivered to the county sheriff shall authorize and require him or her to execute a judgment for the abatement or removal of a nuisance or for anything other than the payment of money by the defendant.
(b)
The county sheriff shall make a return of his or her execution of the judgment and file the return with the clerk of the court within sixty (60) days after the copy is delivered to him or her.
Crim. Code, § 298; C. & M. Dig., § 3267; Pope's Dig., § 4112; A.S.A. 1947, § 43-2609.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 5 - EXECUTION OF SENTENCE - DEATH PENALTY (§§ 16-90-501 — 16-90-507) › Section 16-90-501 - Delivery of copy of judgment and convict to Department of Correction

(a)
The clerk of the court in which is pronounced the sentence of death against any convict shall deliver a certified copy thereof to the Director of the Department of Correction as soon as may be after the sentence.
(b)
When a judgment of death is pronounced upon any person upon conviction of a capital offense, the person shall be immediately conveyed to the Department of Correction by the county sheriff of the county in which the trial was held and shall be delivered to the keeper of the department or director and kept there awaiting execution.
Acts 1913, No. 55, § 3; C. & M. Dig., § 3253; Pope's Dig., § 4098; A.S.A. 1947, § 43-2610.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 5 - EXECUTION OF SENTENCE - DEATH PENALTY (§§ 16-90-501 — 16-90-507) › Section 16-90-503 - Certification of execution

(a)
The Director of the Division of Correction shall certify the fact of the execution of the condemned felon to the clerk of the court by which the sentence was pronounced, who shall file the certificate with the papers of the case and enter it upon the records of the case.
(b)
If the office of director is abolished, the duties devolving on him or her shall be performed by any other person selected by any board or commission having charge of the Division of Correction.
Amended by Act 2019, No. 910,§ 875, eff. 7/1/2019.
Acts 1913, No. 55, § 5; C. & M. Dig., § 3257; Pope's Dig., § 4102; A.S.A. 1947, § 43-2616.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 5 - EXECUTION OF SENTENCE - DEATH PENALTY (§§ 16-90-501 — 16-90-507) › Section 16-90-505 - Return of body

Upon application of a relative of the person executed, the body after execution may be returned to his or her address and at his or her cost.
Acts 1913, No. 55, § 11; C. & M. Dig., § 3261; Pope's Dig., § 4106; A.S.A. 1947, § 43-2620.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 5 - EXECUTION OF SENTENCE - DEATH PENALTY (§§ 16-90-501 — 16-90-507) › Section 16-90-507 - Failure to execute on appointed day

(a)
Whenever a judgment of death has not been executed on the day appointed therefor by the court from any cause whatever, the Governor shall fix the day of execution by a warrant under his or her hand and seal of the state.
(b)
The warrant shall be obeyed by the Director of the Department of Correction and no one but the Governor may then suspend the execution.
Crim. Code, § 292; C. & M. Dig., § 3262; Pope's Dig., § 4107; Acts 1959, No. 228, § 3; A.S.A. 1947, § 43-2623.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 6 - [Repealed] (§§ 16-90-601 — 16-90-605) › Section 16-90-601 - [Repealed]

Repealed by Act 2013, No. 1460,§ 5, eff. 1/1/2014.
Acts 1977, No. 800, § 1; A.S.A. 1947, § 43-2834; Acts 1995, No. 998, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 6 - [Repealed] (§§ 16-90-601 — 16-90-605) › Section 16-90-602 - [Repealed]

Repealed by Act 2013, No. 1460,§ 5, eff. 1/1/2014.
Acts 1977, No. 637, § 1; A.S.A. 1947, § 43-2831.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 6 - [Repealed] (§§ 16-90-601 — 16-90-605) › Section 16-90-603 - [Repealed]

Repealed by Act 2013, No. 1460,§ 5, eff. 1/1/2014.
Acts 1977, No. 637, § 2; A.S.A. 1947, § 43-2832; Acts 1995, No. 998, § 4.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 6 - [Repealed] (§§ 16-90-601 — 16-90-605) › Section 16-90-605 - [Repealed]

Repealed by Act 2013, No. 1460,§ 6, eff. 1/1/2014.
Acts 1991, No. 1224, § 1; 1995, No. 998, § 6.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 7 - CRIME VICTIMS REPARATIONS (§§ 16-90-701 — 16-90-720) › Section 16-90-701 - Title

This subchapter shall be known and may be cited as the "Arkansas Crime Victims Reparations Act".
Acts 1987, No. 817, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 7 - CRIME VICTIMS REPARATIONS (§§ 16-90-701 — 16-90-720) › Section 16-90-702 - Legislative intent

It is the intent of the General Assembly to provide a method of compensating and assisting those persons within the state who are victims of criminal acts and who suffer personal injury or death. To this end, it is the further intent of the General Assembly to provide reparations, in the amount of expenses actually incurred as a direct result of the criminal acts of other persons up to a maximum amount of ten thousand dollars ($10,000). However, for those victims whose injuries are catastrophic and result in a total and permanent disability, the maximum amount shall not exceed twenty-five thousand dollars ($25,000).
Acts 1987, No. 817, § 1; 1999, No. 1178, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 7 - CRIME VICTIMS REPARATIONS (§§ 16-90-701 — 16-90-720) › Section 16-90-704 - Penalty

The filing of a false claim for reparations pursuant to this subchapter shall constitute a Class D felony.
Acts 1987, No. 817, § 19.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 7 - CRIME VICTIMS REPARATIONS (§§ 16-90-701 — 16-90-720) › Section 16-90-705 - Crime Victims Reparations Board

(a)
(1)
There is created a Crime Victims Reparations Board consisting of five (5) members appointed by the Governor with the advice and consent of the Senate to serve four-year staggered terms and until a successor is appointed and qualified.
(2)
At least two (2) members of the board shall be persons admitted to practice law in this state.
(3)
At least one (1) member of the board shall be:
(A)
A victim of criminally injurious conduct;
(B)
The next of kin of a homicide victim; or
(C)
An individual experienced in providing victim assistance services.
(4)
A vacancy shall be filled in the same manner as a regular appointment.
(b)
Each year the board shall elect the chair from its membership.
(c)
(1)
Members of the board shall receive no pay for their services, but each member may receive expense reimbursement in accordance with §
25-16-901
et seq.
(2)
All reasonable and necessary expenses of the board shall be paid from the Crime Victims Reparations Revolving Fund.
Acts 1987, No. 817, § 4; 1995, No. 773, § 1; 1997, No. 250, § 118.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 7 - CRIME VICTIMS REPARATIONS (§§ 16-90-701 — 16-90-720) › Section 16-90-706 - Powers of board - Logistical support

(a)
(1)
The Crime Victims Reparations Board shall have:
(A)
Power to award reparations for economic loss arising from criminally injurious conduct if satisfied by a preponderance of the evidence that the requirements for reparations have been met; and
(B)
Authority to award the reparations to the claimant or directly to the provider of services.
(2)
The board shall:
(A)
Hear and determine all matters relating to claims for reparations, including having the power to reinvestigate or reopen claims without regard to statutes of limitation; and
(B)
(i)
Have discretion to act in a panel of three (3) or more members.
(ii)
This panel may exercise the powers granted to the board.
(3)
The board shall have the power to subpoena witnesses and compel their attendance, require the production of records and other evidence, administer oaths or affirmations, conduct hearings, and receive relevant evidence.
(4)
(A)
The board shall be provided such office, support staff, and secretarial services as necessary by the Department of Public Safety.
(B)
The support staff and secretarial services described in subdivision (a)(4)(A) of this section may also be assigned by the Secretary of the Department of Public Safety to engage in additional work in other areas that do not involve crime victims reparations.
(b)
In addition to any other powers and duties specified elsewhere in this subchapter, the board may:
(1)
Regulate its own procedure, except as otherwise provided in this subchapter;
(2)
Adopt rules to implement the provisions of this subchapter;
(3)
Define any term not defined in this subchapter;
(4)
Prescribe forms necessary to carry out the purposes of this subchapter;
(5)
Request access to any reports of investigations or other data necessary to assist the board in making a determination of eligibility for reparations under the provisions of this subchapter;
(6)
Take judicial notice of general, technical, and scientific facts within its specialized knowledge; and
(7)
Publicize the availability of reparations and information regarding the filing of claims for reparations.
Amended by Act 2019, No. 315,§ 1303, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5926, eff. 7/1/2019.
Acts 1987, No. 817, §§ 5, 6; 2011, No. 11, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 7 - CRIME VICTIMS REPARATIONS (§§ 16-90-701 — 16-90-720) › Section 16-90-707 - Annual report by board

(a)
The Crime Victims Reparations Board shall prepare and transmit annually a report of its activities to the Secretary of the Department of Public Safety.
(b)
This report shall include the amount of reparations awarded and a statistical summary of claims and awards made and denied.
Amended by Act 2019, No. 910,§ 5927, eff. 7/1/2019.
Acts 1987, No. 817, § 18.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 7 - CRIME VICTIMS REPARATIONS (§§ 16-90-701 — 16-90-720) › Section 16-90-708 - Application forms - Cooperation by applicant

(a)
Each law enforcement agency in the state shall keep application forms prepared and provided by the Crime Victims Reparations Board and make them available to any person upon request.
(b)
The board may contact any law enforcement agency to determine if an applicant has cooperated with that law enforcement agency in the identification, apprehension, and conviction of the perpetrator of the crime.
Acts 1987, No. 817, § 7.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 7 - CRIME VICTIMS REPARATIONS (§§ 16-90-701 — 16-90-720) › Section 16-90-709 - Proceedings and record - Settlement of claims

(a)
(1)
Every party to the claim shall be afforded an opportunity to appear and be heard, to offer evidence and argument on any issues relevant to the claim, and to examine witnesses and offer evidence to reply to any matter of an evidentiary nature in the record relevant to the claim.
(2)
A record of the proceedings of the hearing in a contested case shall be made and shall be transcribed upon request of any party, who shall pay transcription costs unless otherwise ordered by the Crime Victims Reparations Board.
(b)
Without a hearing, the board may settle a claim by stipulation, agreed settlement, consent order, or default.
Acts 1987, No. 817, § 9.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 7 - CRIME VICTIMS REPARATIONS (§§ 16-90-701 — 16-90-720) › Section 16-90-710 - Waiver of physician-patient privilege - Examinations and reports

(a)
Any person filing a claim under the provisions of this subchapter shall be deemed to have waived any physician-patient privilege as to communications or records relevant to an issue of the physical, mental, or emotional condition of the claimant.
(b)
(1)
If the mental, physical, or emotional condition of a claimant is material to a claim, upon good cause shown, the Crime Victims Reparations Board may order the claimant to submit to a mental or physical examination and may order an autopsy of a deceased victim.
(2)
The order shall:
(A)
Specify the time, place, manner, conditions, and scope of the examination or autopsy and the person by whom it is to be made; and
(B)
(i)
Require the person to file a detailed written report of the examination or autopsy with the board.
(ii)
The report shall set out the findings of the person making the report, including results of all tests made, diagnoses, prognoses, and other conclusions and reports of earlier examinations of the same conditions.
(c)
The board shall furnish to the victim a copy of any reports examined. If the victim is deceased, the board, on request, shall furnish a copy of the report to the claimant.
(d)
The board may require the claimant to supply any additional medical or psychological reports available relating to the injury or death for which reparations are claimed.
Acts 1987, No. 817, § 10.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 7 - CRIME VICTIMS REPARATIONS (§§ 16-90-701 — 16-90-720) › Section 16-90-711 - Confidential information

When submitted to the Crime Victims Reparations Board as part of an application, the following information shall be confidential:
(1)
Documents submitted by a claimant which relate to medical treatment; and
(2)
Law enforcement investigative reports, if confidential under any other law.
Acts 1987, No. 817, § 11.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 7 - CRIME VICTIMS REPARATIONS (§§ 16-90-701 — 16-90-720) › Section 16-90-712 - Conditions for reparations - Changes in awards

(a)
Reparations shall not be awarded:
(1)
Unless the claim has been filed with the Crime Victims Reparations Board within one (1) year after the injury or death upon which the claim is based, unless the board finds good cause for the failure to file a timely claim;
(2)
To a claimant who was the offender or an accomplice of the offender;
(3)
To another person if the award would unjustly benefit the offender or accomplice;
(4)
To a victim who is injured or killed while confined in state, county, or municipal jail, prison, or other correctional facility as a result of conviction of any crime;
(5)
To any claimant who has been convicted of a felony involving criminally injurious conduct;
(6)
Unless the criminally injurious conduct resulting in injury or death was reported to the proper authorities within seventy-two (72) hours after its occurrence, or the board finds there was good cause for the failure to report within that time; or
(7)
(A)
(i)
If there are insufficient funds in the Crime Victims Reparations Revolving Fund.
(ii)
However, when sufficient funds become available, the awards which have not been paid shall be paid in chronological order with the oldest paid first, unless the board finds that compelling circumstances support a payment out of chronological order.
(B)
Any award under this subchapter is specifically not a claim against the state if it cannot be paid due to a lack of funds in the fund.
(b)
Reparations otherwise payable to a claimant shall be diminished to the extent:
(1)
That the economic loss is recouped from collateral sources; or
(2)
Of the degree of responsibility for the cause of the injury or death attributable to the victim, as determined by the board.
(c)
(1)
Except as provided in subdivision (c)(2) of this section, upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies, the board may deny, withdraw, or reduce an award of reparations.
(2)
This subsection does not apply if the claimant or victim is a victim of human trafficking or a minor victim of a sex offense, as defined in §
12-12-903
.
(d)
(1)
On its own motion or on request of the claimant, the board may reconsider a decision granting or denying an award or determining its amount.
(2)
An order on reconsideration of an award shall not require a refund of amounts previously paid unless the award was obtained by fraud.
(3)
Reconsideration does not affect the finality of a board decision for the purpose of judicial review.
Amended by Act 2023, No. 330,§ 1, eff. 8/1/2023.
Acts 1987, No. 817, § 12; 1999, No. 1102, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 7 - CRIME VICTIMS REPARATIONS (§§ 16-90-701 — 16-90-720) › Section 16-90-713 - Awards apart from prosecution

(a)
An award may be made whether or not any person is prosecuted or convicted.
(b)
The Crime Victims Reparations Board may suspend the proceedings pending disposition of a criminal prosecution that has been commenced or is imminent but may make a tentative award under §
16-90-716
.
Acts 1987, No. 817, § 13.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 7 - CRIME VICTIMS REPARATIONS (§§ 16-90-701 — 16-90-720) › Section 16-90-714 - Subrogation of state to claimant's rights

(a)
If reparations are awarded, the state shall be subrogated to all the rights of a claimant to receive or recover from a collateral source to the extent that reparations were awarded.
(b)
(1)
In the event the claimant recovers reparations, other than under the provisions of this subchapter for injuries or death resulting from criminally injurious conduct, the claimant shall retain as trustee so much of the recovered funds as necessary to reimburse the Crime Victims Reparations Revolving Fund to the extent that reparations were awarded to the claimant from that fund.
(2)
The funds retained in trust shall be promptly deposited into the fund.
(c)
(1)
If a claimant brings an action to recover damages related to the criminally injurious conduct upon which reparations are claimed or awarded, the claimant shall give the Crime Victims Reparations Board written notice of the action.
(2)
After receiving the notice, the board may join in the action as a party plaintiff to recover the reparations awarded.
(d)
The board shall not require any claimant to seek or accept any collateral source contribution unless the claimant was receiving those benefits prior to the occurrence giving rise to the claim under the provisions of this subchapter.
Acts 1987, No. 817, §§ 8, 14.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 7 - CRIME VICTIMS REPARATIONS (§§ 16-90-701 — 16-90-720) › Section 16-90-715 - Action by state against convicted person for recovery of reparations

(a)
(1)
Whenever any person is convicted of a crime and an order for the payment of reparations is or has been made under this subchapter for a personal injury or death resulting from the act or omission constituting the crime for which conviction was had, the Secretary of the Department of Public Safety may institute a civil action against the convicted person for the recovery of all or any part of the reparations paid.
(2)
(A)
The suit shall be instituted in the circuit court having jurisdiction in the county in which the person resides or is found or in Pulaski County.
(B)
The circuit court shall have jurisdiction to hear, determine, and render judgment in the action.
(3)
(A)
Any amount recovered under this subsection shall be credited to the Crime Victims Reparations Revolving Fund.
(B)
If an amount greater than that paid pursuant to the order for payment of reparations is recovered and collected in the action, the Crime Victims Reparations Board shall pay the balance to the claimant.
(b)
The board shall provide the secretary with such information, data, and reports as he or she may require to institute actions in accordance with this section.
(c)
The secretary may request the assistance of the Attorney General in instituting a civil action against the convicted person for the recovery of all or any part of the reparations paid.
Amended by Act 2019, No. 910,§ 5928, eff. 7/1/2019.
Acts 1987, No. 817, § 15.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 7 - CRIME VICTIMS REPARATIONS (§§ 16-90-701 — 16-90-720) › Section 16-90-716 - Limitation on reparations - Manner of payment

(a)
(1)
Reparations payable to a victim and to all other claimants sustaining economic loss because of injury to or death of that victim may not exceed ten thousand dollars ($10,000).
(2)
However, for those victims whose injuries are catastrophic and result in a total and permanent disability, the maximum reparations amount shall not exceed twenty-five thousand dollars ($25,000).
(b)
(1)
The Crime Victims Reparations Board may provide for the payment to a claimant in a lump sum or in installments.
(2)
At the request of the claimant, the board may convert future economic loss other than allowable expense to a lump sum, but only upon a finding by the board of either of the following:
(A)
That the award in a lump sum will promote the interests of the claimant; or
(B)
That the present value of all future economic loss other than allowable expense does not exceed one thousand dollars ($1,000).
(c)
If the board determines that the claimant will suffer financial hardship unless an advance award is made, an amount may be paid to the claimant and shall be deducted from the final award or shall be repaid and recoverable from the claimant to the extent that it exceeds the final award.
(d)
(1)
An award payable in installments for future economic loss may be made only for a period as to which the board can reasonably determine future economic loss.
(2)
An award payable in installments for future economic loss may be modified by the board upon its finding that a material and substantial change of circumstances has occurred.
(e)
An award shall not be subject to execution, attachment, garnishment, or other process, except that an award for allowable expense shall not be exempt from a claim of a creditor to the extent that the creditor has provided products, services, or accommodations, the costs of which are included in the award.
(f)
An assignment by the claimant to any future award under the provisions of this subchapter is unenforceable, except:
(1)
An assignment of any award for work loss to assure payment of court-ordered alimony, maintenance, or child support; or
(2)
An assignment of any award for allowable expense to the extent that the benefits are for the cost of products, services, or accommodations necessitated by the injury or death on which the claim is based and are provided or are to be provided by the assignee.
Acts 1987, No. 817, §§ 16, 17; 1999, No. 1178, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 7 - CRIME VICTIMS REPARATIONS (§§ 16-90-701 — 16-90-720) › Section 16-90-717 - Crime Victims Reparations Revolving Fund

There is created in the State Treasury a revolving fund for the Crime Victims Reparations Board to be designated the "Crime Victims Reparations Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all moneys received by the board from any source including moneys applied for and received from any state, federal, or private source. All interest earned as a result of investing moneys in the Crime Victims Reparations Revolving Fund shall be paid into the fund and not into the general revenues of this state. All moneys accruing to the credit of the fund are appropriated and may be budgeted and expended by the board for the purpose of implementing the provisions of this subchapter and the provisions of the sexual assault statutes, §§
12-12-401
-
12-12-404
.
Acts 1987, No. 817, § 20; 1991, No. 396, § 4.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 7 - CRIME VICTIMS REPARATIONS (§§ 16-90-701 — 16-90-720) › Section 16-90-720 - Payment for heathcare service - Schedule established - Third-party vendor authorized

(a)
The Crime Victims Reparations Board shall award payment for a healthcare service under this subchapter in the same manner as the medical fee schedule established for workers' compensation claims under §
11-9-517
.
(b)
(1)
The board, a claimant, or a victim is not liable for healthcare service charges in excess of the medical fee schedule under subsection (a) of this section.
(2)
A healthcare provider shall accept payment from the board as payment in full for healthcare service charges unless an investigation of the healthcare service charges by the board determines that there is a reasonable healthcare justification for a deviation from the medical fee schedule.
(c)
The board may contract with a third-party vendor to process payment for healthcare services under this subchapter.
Added by Act 2017, No. 918,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 8 - SENTENCING GUIDELINES (§§ 16-90-801 — 16-90-804) › Section 16-90-801 - Statement of sentencing policy

(a)
Purposes of Sentencing.
The primary purposes of sentencing a person convicted of a crime are:
(1)
To punish an offender commensurate with the nature and extent of the harm caused by the offense, taking into account factors that may diminish or increase an offender's culpability;
(2)
To protect the public by restraining offenders;
(3)
To provide restitution or restoration to victims of crime to the extent possible and appropriate;
(4)
To assist the offender toward rehabilitation and restoration to the community as a lawful citizen; and
(5)
To deter criminal behavior and foster respect for the law.
(b)
Purpose of Sentencing Standards.
(1)
Though voluntary, the purpose of establishing rational and consistent sentencing standards is to seek to ensure that sanctions imposed following conviction are proportional to the seriousness of the offense of conviction and the extent of the offender's criminal history.
(2)
The standards seek to ensure equitable sanctions which provide that offenders similar with respect to relevant sentencing criteria will receive similar sanctions and offenders substantially different with respect to relevant sentencing criteria will receive different sanctions.
(3)
Sentencing criteria should be neutral with respect to race, gender, social, and economic status.
(c)
Appropriate Use of Sentencing Sanctions.
(1)
Rational and consistent sentencing policy requires a continuum of sanctions which increases in direct proportion to the seriousness of the offense and the extent of the offender's criminal history.
(2)
Commitment to the Division of Correction is the most severe sanction and due to the finite capacity of the division's facilities, it should be reserved for those convicted of the most serious offenses, those who have longer criminal histories, and those who have repeatedly failed to comply with conditions imposed under less restrictive sanctions.
(3)
Arkansas law provides for significant intermediate penal sanctions in the community which should be utilized when appropriate.
(4)
Restrictions on an offender's liberty should only be as restrictive as necessary to fulfill the purposes of sentencing contained in this policy.
Amended by Act 2019, No. 910,§ 876, eff. 7/1/2019.
Acts 1993, No. 532, § 1; 1993, No. 550, § 1.