Ark. Code Ann. § 5-4-304

This is the official text of Ark. Code Ann. § 5-4-304, part of Arkansas’s Code Ann — part of the compiled statutory law of Arkansas, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.

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Confinement as condition of suspension or probation

Official statutory text

(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. Amended by Act 2019, No. 910,§ 652, eff. 7/1/2019. Acts 1975, No. 280, § 1204; A.S.A. 1947, § 41-1204; Acts 1993, No. 532, § 6; 1993, No. 550, § 6; 1999, No. 1569, § 3; 2003, No. 1742, § 1; 2005, No. 1443, § 1; 2011, No. 570, § 8.

(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.

(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.

(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.
nt in confinement under this section shall not exceed three hundred sixty-five (365) days.

(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.

(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.

Amended by Act 2019, No. 910,§ 652, eff. 7/1/2019.

Acts 1975, No. 280, § 1204; A.S.A. 1947, § 41-1204; Acts 1993, No. 532, § 6; 1993, No. 550, § 6; 1999, No. 1569, § 3; 2003, No. 1742, § 1; 2005, No. 1443, § 1; 2011, No. 570, § 8.

Status: in_force

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.