HB1871
To Require A Period Of Incarceration For Defendants Who Repeatedly Violate The Terms Of Their Probation Or Suspended Sentence.
Last Action (May 5, 2025): Died in House Committee at Sine Die adjournment.
Sponsors
AI-Generated Summary
House Bill 1871 amends Arkansas Code § 16-93-309(d) regarding the revocation of probation or suspended sentences. The bill mandates a period of incarceration in the Division of Correction for defendants who have already had their probation or suspended sentence revoked at least three times. Upon a finding of guilt at a subsequent revocation hearing, the court is required to sentence such defendants to a term of imprisonment at least equal to the original term provided for the offense for which they were on probation or suspension. This removes judicial discretion in sentencing for repeat violators who meet the threshold of three prior revocations. The primary purpose is to establish a strict penalty framework for individuals who repeatedly violate the terms of their supervised release.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this legislation are law enforcement agencies, prosecutors, and the general public, who may perceive the mandate as an effective deterrent against recidivism and an increase in public safety through the mandatory incarceration of repeat offenders.
Who Might Suffer?
Individuals who are currently on probation or a suspended sentence are the most negatively impacted, particularly those struggling with compliance. This group faces the loss of judicial discretion in their sentencing and a mandatory prison term if they have three or more prior revocations. Additionally, the Arkansas Department of Corrections may face increased fiscal and operational burdens due to a projected rise in the incarcerated population.
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