Ark. Code Ann. § 16-93-104 (2026)

1. 1. Any offender on probation, parole, or transfer under supervision of the Division of Community Correction shall pay to the division a monthly fee of thirty-five dollars ($35.00).
   2. The Director of the Division of Community Correction or his or her designee shall deposit each payment received into the State Treasury as special revenues credited to the Community Correction Revolving Fund.
   3. Expenditures from the fund shall be used for continuation and expansion of community correction programs and supervision as established and approved by the Board of Corrections.
2. 1. When an offender on probation defaults in the payment of supervision fees or any installment thereof, the court may require the offender to show cause why he or she would not be imprisoned for nonpayment.
   2. The offender shall not be imprisoned if the offender is financially unable to make the payments and states so to the court in writing, under oath, and the court so finds.
   3. Unless the offender shows that his or her default was not attributable to a purposeful refusal to obey the sentence of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court may order the defendant imprisoned until the payments are made.
   4. If the court determines that the default in payment is not attributable to the causes specified in subdivision (b)(3) of this section, the court may enter an order allowing the offender additional time for payment, reducing the amount of each installment, or revoking the fees or the unpaid portion thereof in whole or in part.
3. 1. The offender on parole may be imprisoned for violation of parole if the offender is financially able to make the payments and if the payments are not made and the Parole Board so finds, subject to the limitations set out in this subsection.
   2. The offender shall not be imprisoned if the offender is financially unable to make the payments and states so under oath to the Parole Board in writing, and the Parole Board so finds.
4. Court costs under § 16-10-305 shall be collected in full before any fees are collected under this section.

History. Acts 1981, No. 70, §§ 1, 2; 1983, No. 887, §§ 1, 2; A.S.A. 1947, §§ 43-2808.1, 43-2808.2; Acts 1997, No. 278, § 1; 2011, No. 570, § 85; 2013, No. 282, § 11; 2019, No. 249, § 1; 2019, No. 315, § 1307.

A.C.R.C. Notes. Acts 2011, No. 570, § 1, provided: “The intent of this act is to implement comprehensive measures designed to reduce recidivism, hold offenders accountable, and contain correction costs.”

Acts 2019, No. 315, § 1307, amended the introductory language of subdivision (a)(2)(B)(ii) of this section to replace "regulations" with "rules". However, Acts 2019, No. 249, § 1, specifically repealed subdivision (a)(2)(B)(ii) of this section, and, pursuant to Acts 2019, No. 315, § 3204(c), was the later act.

Amendments. The 2011 amendment, in (a)(1), substituted “parole, or transfer” for “or parole”, inserted “monthly”, and substituted “of thirty-five dollars ($35.00)” for “as determined by the Board of Corrections”; subdivided (a)(2); substituted “Twenty-five dollars ($25.00) of each payment” for “the payments” in (a)(2)(A); inserted (a)(2)(B); and substituted “Community Correction Revolving Fund” for “fund” in (a)(3).

The 2013 amendment added (d).

The 2019 amendment by No. 249, deleted (a)(2)(B) and deleted the (a)(2)(A) designation; deleted “Twenty-five dollars ($25.00) of” preceding “each payment” in (a)(2); and inserted “and supervision" in (a)(3).

The 2019 amendment by No. 315 substituted “rules” for “regulations” in the introductory language of (a)(2)(B)(ii).

Cross References. As to conditions of suspended sentence or probation, see § 5-4-303.

Community Correction Revolving Fund, § 19-6-432.