The bill amends the law regarding the revocation of probation or suspended sentences in Arkansas. It introduces a requirement for a period of incarceration for defendants who repeatedly violate the terms of their probation or suspended sentence. Specifically, the bill modifies Arkansas Code 16-93-309(d) to stipulate that, following a revocation hearing, if a defendant has had their probation or suspended sentence revoked at least three times, the court is mandated to sentence them to incarceration in the Division of Correction for a duration that is at least equal to the term of imprisonment for the original offense.
Additionally, the bill clarifies the process following a revocation hearing. It states that, except in certain circumstances, if a defendant is found guilty at a subsequent revocation hearing, the court may revoke the suspension of sentence or probation and sentence the defendant to incarceration. This legislative change aims to enhance accountability for repeat offenders and ensure that those who consistently violate probation terms face appropriate consequences.
Statutes affected:
HB 1871: 16-93-309(d)