Arkansas § 5-4-904 Eligibility

Arkansas Statutes

§ 5-4-904 — Eligibility

Arkansas § 5-4-904

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This text of Arkansas § 5-4-904 (Eligibility) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 5-4-904 (2026).

Text

(a)The judicial district in which a person is charged with a felony shall have in place a pre-adjudication probation program as authorized by this subchapter before this subchapter may be utilized by the person charged with the felony, the circuit court with jurisdiction, or the state.

(b)A person charged with a felony is eligible to participate in a pre-adjudication probation program if:

(1)The circuit court with jurisdiction over the case and the prosecuting attorney agree; and (2) The person is not charged with one (1) of the following criminal offenses:

(A)A criminal offense for which the person would be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;

(B)A felony involving violence as listed in § 5-4-501(d)(2) ;

(C)A fe

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(a) The judicial district in which a person is charged with a felony shall have in place a pre-adjudication probation program as authorized by this subchapter before this subchapter may be utilized by the person charged with the felony, the circuit court with jurisdiction, or the state. (b) A person charged with a felony is eligible to participate in a pre-adjudication probation program if: (1) The circuit court with jurisdiction over the case and the prosecuting attorney agree; and (2) The person is not charged with one (1) of the following criminal offenses: (A) A criminal offense for which the person would be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (B) A felony involving violence as listed in § 5-4-501(d)(2) ; (C) A felony involving a victim who was seventeen (17) years of age or younger at the time the felony was committed; or (D) A felony involving a victim who was sixty-five (65) years of age or older at the time the felony was committed. (c) (1) A person charged with a traffic offense committed in any type of motor vehicle who was a holder of a commercial learner's permit or commercial driver license at the time the traffic offense was committed is ineligible to participate in a pre-adjudication probation program. (2) As used in subdivision (c)(1) of this section, "traffic offense" does not include a parking violation, motor vehicle weight violation, or motor vehicle defect violation.