# Ark. Code Ann. § 5-4-101: Definitions

> Arkansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-101

## Section

- **Citation:** Ark. Code Ann. § 5-4-101
- **Heading:** Definitions
- **Jurisdiction:** Arkansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** AR Code / Title 5 / Chapter 4 / Subchapter 1 / Section 5-4-101

## Text

As used in this chapter: (1) "Delinquent" means the defendant: (A) Has failed to pay his or her fines and costs that resulted from his or her felony conviction; and (B) Has not paid his or her installment for three (3) consecutive months if the defendant is on an installment payment plan; (2) (A) "Imprisonment" means: (i) Incarceration in a detention facility operated by the state or any of its political subdivisions; or (ii) Home detention as described in § 16-93-708 . (B) "Imprisonment" may mean incarceration in a privately operated detention facility under contract to the state or any of its political subdivisions; (3) "Probation" or "place on probation" means a procedure in which a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence but subject to the supervision of a probation officer; (4) "Probation officer" means a salaried officer attached to the court pursuant to § 16-93-402 [repealed] or a reputable person designated by the court to supervise a defendant who is placed on probation; (5) "Recidivism" means a criminal act that results in the rearrest, reconviction, or return to incarceration of a person with a new sentence or a revocation from parole or post-release supervision during a three-year period following the person's release from custody; (6) (A) "Restitution" means the act of making good or giving equivalent value for any loss, damage, or injury. (B) "Restitution" may also include in the event of an injury or loss that the offender has special capacity to restore or repair a sentence to perform that reparation; and (7) "Suspension" or "suspend imposition of sentence" means a procedure in which a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence and without supervision. Amended by Act 2023, No. 659,§ 4, eff. 1/1/2024. Amended by Act 2021, No. 1071,§ 1, eff. 7/28/2021. Amended by Act 2013, No. 1030,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 801; 1981, No. 620, § 6; A.S.A. 1947, § 41-801; Acts 1993, No. 533, § 1; 1993, No. 553, § 1; 1999, No. 216, § 1; 2005, No. 680, § 1.

As used in this chapter:

(1) "Delinquent" means the defendant: (A) Has failed to pay his or her fines and costs that resulted from his or her felony conviction; and (B) Has not paid his or her installment for three (3) consecutive months if the defendant is on an installment payment plan;

(A) Has failed to pay his or her fines and costs that resulted from his or her felony conviction; and

(B) Has not paid his or her installment for three (3) consecutive months if the defendant is on an installment payment plan;

(2) (A) "Imprisonment" means: (i) Incarceration in a detention facility operated by the state or any of its political subdivisions; or (ii) Home detention as described in § 16-93-708 . (B) "Imprisonment" may mean incarceration in a privately operated detention facility under contract to the state or any of its political subdivisions;

(A) "Imprisonment" means: (i) Incarceration in a detention facility operated by the state or any of its political subdivisions; or (ii) Home detention as described in § 16-93-708 .
subdivisions; or (ii) Home detention as described in § 16-93-708 . (B) "Imprisonment" may mean incarceration in a privately operated detention facility under contract to the state or any of its political subdivisions;

(A) "Imprisonment" means: (i) Incarceration in a detention facility operated by the state or any of its political subdivisions; or (ii) Home detention as described in § 16-93-708 .

(i) Incarceration in a detention facility operated by the state or any of its political subdivisions; or

(ii) Home detention as described in § 16-93-708 .

(B) "Imprisonment" may mean incarceration in a privately operated detention facility under contract to the state or any of its political subdivisions;

(3) "Probation" or "place on probation" means a procedure in which a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence but subject to the supervision of a probation officer;

(4) "Probation officer" means a salaried officer attached to the court pursuant to § 16-93-402 [repealed] or a reputable person designated by the court to supervise a defendant who is placed on probation;

(5) "Recidivism" means a criminal act that results in the rearrest, reconviction, or return to incarceration of a person with a new sentence or a revocation from parole or post-release supervision during a three-year period following the person's release from custody;

(6) (A) "Restitution" means the act of making good or giving equivalent value for any loss, damage, or injury. (B) "Restitution" may also include in the event of an injury or loss that the offender has special capacity to restore or repair a sentence to perform that reparation; and

(A) "Restitution" means the act of making good or giving equivalent value for any loss, damage, or injury.

(B) "Restitution" may also include in the event of an injury or loss that the offender has special capacity to restore or repair a sentence to perform that reparation; and

(7) "Suspension" or "suspend imposition of sentence" means a procedure in which a defendant who pleads or is found guilty of an offense is released by the court without pronouncement of sentence and without supervision.

Amended by Act 2023, No. 659,§ 4, eff. 1/1/2024.

Amended by Act 2021, No. 1071,§ 1, eff. 7/28/2021.

Amended by Act 2013, No. 1030,§ 1, eff. 8/16/2013.

Acts 1975, No. 280, § 801; 1981, No. 620, § 6; A.S.A. 1947, § 41-801; Acts 1993, No. 533, § 1; 1993, No. 553, § 1; 1999, No. 216, § 1; 2005, No. 680, § 1.

## Nearby sections

- [Ark. Code Ann. § 5-4-101 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-101.md)
- [Ark. Code Ann. § 5-4-102 Presentence investigation](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-102.md)
- [Ark. Code Ann. § 5-4-103 Sentencing - Role of jury and court](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-103.md)
- [Ark. Code Ann. § 5-4-104 Authorized sentences generally](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-104.md)
- [Ark. Code Ann. § 5-4-106 Extended post-conviction no contact order](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-106.md)
- [Ark. Code Ann. § 5-4-107 Extended supervision and monitoring for certain sex offenders](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-107.md)
- [Ark. Code Ann. § 5-4-108 Sentencing for person who committed an offense when he or she was less than 18 years of age](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-108.md)
- [Ark. Code Ann. § 5-4-109 Sentencing for sex offense](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-109.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C4_S1_S5-4-101. Check the current official text before relying on it. Not legal advice.
