Arkansas Code Annotated

Ark. Code Ann. § 16-93-309 (2026)

Probation generally — Revocation hearing — Sentence alternatives — Sanctions

✓ current as of May 2026

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Following a revocation hearing held under § 16-93-307 and in which a defendant on probation or who is serving a suspended imposition of sentence has been found guilty or has entered a plea of guilty or nolo contendere, the court may:
1. Continue the period of suspension of sentence or continue the period of probation;
2. Lengthen the period of suspension of sentence or the period of probation within the limits set by § 5-4-306;
3. Increase the fine within the limits set by § 5-4-201;
4. 1. Impose a period of confinement to be served during the period of suspension of sentence or period of probation.
  2. 1. A period of confinement ordered under subdivision (a)(4)(A) of this section resulting from a technical conditions violation or serious conditions violation of probation shall be for the following periods, subject to subsection (b) of this section and § 16-93-308(i)(2)(A), before the defendant on probation is released and returned to probation:
      1. Up to ninety (90) days' confinement for a technical conditions violation; and
      2. Exactly one hundred eighty (180) days' confinement for a serious conditions violation.
    2. Any time in custody for which the defendant is held before a period of confinement is ordered by the court under subdivision (a)(4)(A) of this section shall not be credited to the overall period of confinement ordered under this subdivision (a)(4) or toward the maximum number of periods of confinement or the maximum number of days authorized under § 16-93-306(d)(3)(E).
  3. The periods of confinement under subdivision (a)(4)(B) of this section are not available to a person serving a suspended imposition of sentence; or
5. Impose any conditions that could have been imposed upon conviction of the original offense.
1. A period of confinement under subdivision (a)(4) of this section may be reduced by the Division of Correction or the Division of Community Correction for good behavior and successful program completion.
2. A period of confinement shall not be reduced under subdivision (a)(4) of this section for more than fifty percent (50%) of the total time of confinement ordered to be served.
3. A period of confinement under subdivision (a)(4) of this section shall not be reduced by any time served by the defendant while he or she awaits a court hearing to challenge the imposition of the sanction.
1. If a defendant is in custody awaiting a hearing under this section for a technical conditions violation or a serious conditions violation, the hearing shall be conducted as soon as practicable but no later than thirty (30) business days from the date the defendant was taken into custody.
2. If a defendant on probation is in custody in a county jail awaiting a hearing to challenge the imposition of a sanction under subdivision (a)(4) of this section, the state shall reimburse the county for the costs of incarceration at the prevailing rate of reimbursement.
Following a revocation hearing in which a defendant is ordered to continue on a period of suspension of sentence or a period of probation, upon finding the defendant guilty at a subsequent revocation hearing, the court may:
1. Revoke the suspension of sentence or period of probation; and
2. Sentence the defendant to incarceration in the Division of Correction.
If the suspension of sentence or probation of a defendant is subsequently revoked and the defendant is sentenced to a term of imprisonment, any period of time actually spent in confinement due to the original revocation shall be credited against the subsequent sentence.
The location of the appropriate confining facility in which a defendant serves a period of confinement for a technical conditions violation or a serious conditions violation shall be determined by the Board of Corrections.
Noncompliance with program requirements approved by the board or violent or sexual behavior while confined for a technical conditions violation or serious conditions violation under this section may result in revocation of the defendant's probation for a period of time exceeding the limitations of subdivision (a)(4) of this section, up to and including the time remaining on the defendant's original sentence.
To the extent that a participant in a specialty court program is subject to this section, any period of confinement ordered by the specialty court is not subject to the periods of confinement required under subdivision (a)(4) of this section.

History. Acts 2011, No. 570, § 90; 2017, No. 423, § 19; 2019, No. 910, §§ 904, 905.

Amendments. The 2017 amendment added “Sanctions” in the section heading; inserted “on probation or who is serving a suspended imposition of sentence” in the introductory language of (a); deleted “of imposition” following “suspension” in (a)(1); inserted “of sentence” in (a)(2); redesignated former (a)(4) as (a)(4)(A); deleted “of imposition” following “suspension” in (a)(4)(A); added (a)(4)(B) and (C); inserted present (b) and (c), and redesignated former (b) and (c) as (d) and (e); rewrote (d); inserted “of sentence” following “suspension” in (e); and added (f) through (h).

The 2019 amendment substituted “Division of Correction” for “Department of Correction” in (b)(1) and (d)(2); and substituted “Division of Community Correction” for “Department of Community Correction” in (b)(1).

Effective Dates. Acts 2017, No. 423, § 37: “(a) Sections 16 through 23 of this act are effective on and after October 1, 2017. (b) Section 15 of this act is effective on and after January 1, 2018.”

Case Notes

Credit.

Because the 120 days defendant served in confinement did not result from a revocation of his probation, but was a condition of it, this section provided no relief for defendant. Burgess v. State, 2016 Ark. 175, 490 S.W.3d 645 (2016).

Sentence After Revocation.

Argument that appellant's due process rights under Ark. Const. Art. 2, § 8 were violated when a trial court failed to consider all of the sentencing options available after a revocation of probation was not preserved for appellate review because the argument was not raised when appellant was sentenced. Mewborn v. State, 2012 Ark. App. 195 (2012).

Notes of Decisions

Cited in 9 cases (4 in the last 5 years), 2014–2026 · leading case: Burgess v. State, 2016 Ark. 175 (Ark. 2016).

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Burgess v. State, 2016 Ark. 175 (Ark. 2016). · cites it 12× “He maintains that section 5-4-404, along with Arkansas Code Annotated section 16-93-309(c) (Supp. 2015), both provide for jail-time credit for time served in confinement as a condition of probation.”

Trif v. State, 2016 Ark. App. 452 (Ark. Ct. App. 2016). · cites it 2× “” Ark. Code Ann. § 16-93-309 (a)(2) (Supp. 2015).”

Turman v. State, 467 S.W.3d 181 (Ark. Ct. App. 2015). · cites it 4× “Ark.Code Ann. § 16-93-309(a). The petition’s title informed Turman, in part, that the State had filed a “Petition to Revoke”; the State also alleged that Turman violated her probation’s terms by failing to pay and failing to report for community service.”

Marty Dean Moore v. State of Arkansas, 2022 Ark. App. 185 (Ark. Ct. App. 2022). · cites it 4× “Moore argues that the circuit court erred by not granting him jail-time credit, and he relies on Arkansas Code Annotated section 16-93-309(e) (Supp. 2021), which states: If the suspension of sentence or probation of a defendant is subsequently revoked and the defendant is…”

Leal v. State, 2014 Ark. App. 673 (Ark. Ct. App. 2014). · cites it 2× “Alternative Sentences Appellant also contends that, pursuant to Arkansas Code Annotated section 16-93-309 (Repl. 2011), the circuit court should have continued his probation and not incarcerated 4 Cite as 2014 Ark.”

Anthony Reno v. State of Arkansas, 2020 Ark. App. 403 (Ark. Ct. App. 2020). · cites it 4× “Arkansas Code Annotated section 16-93-309(a) provides that once a defendant is found guilty of violating his probation, the court may (1) continue the period of probation; (2) lengthen the period of probation; (3) increase the fine; (4) impose a period of confinement to be…”

James Daniel Koonce v. State of Arkansas, 2023 Ark. App. 213 (Ark. Ct. App. 2023). · cites it 3× “3 Section 5-4-301(d) provides: (2) The entry of a judgment of conviction does not preclude: (A) The modification of the original order suspending the imposition of sentence on a defendant or placing a defendant on probation following a revocation hearing held pursuant to §…”

Christopher Cole v. State of Arkansas, 2026 Ark. App. 118 (Ark. Ct. App. 2026). · cites it 2× “A court may revoke probation after the expiration of the period of probation under certain exceptions set forth in section 16-93-309(f), but none of those exceptions apply here.”

Andrew Burton v. State of Arkansas, 2021 Ark. App. 471 (Ark. Ct. App. 2021). “The February 16, 2018, order sentenced Burton to “a period equal to the time which is still remaining from his previous probationary sentence plus an additional” twelve months’ probation.”

— Ark. Code Ann. § 16-93-309(a) — 2 cases

Turman v. State, 467 S.W.3d 181 (Ark. Ct. App. 2015). “Ark.Code Ann. § 16-93-309(a). The petition’s title informed Turman, in part, that the State had filed a “Petition to Revoke”; the State also alleged that Turman violated her probation’s terms by failing to pay and failing to report for community service.”

Anthony Reno v. State of Arkansas, 2020 Ark. App. 403 (Ark. Ct. App. 2020). “Arkansas Code Annotated section 16-93-309(a) provides that once a defendant is found guilty of violating his probation, the court may (1) continue the period of probation; (2) lengthen the period of probation; (3) increase the fine; (4) impose a period of confinement to be…”

— Ark. Code Ann. § 16-93-309(a)(4)(B)(i) — 1 case

— Ark. Code Ann. § 16-93-309(c) — 1 case

Burgess v. State, 2016 Ark. 175 (Ark. 2016). “He maintains that section 5-4-404, along with Arkansas Code Annotated section 16-93-309(c) (Supp. 2015), both provide for jail-time credit for time served in confinement as a condition of probation.”

— Ark. Code Ann. § 16-93-309(e) — 1 case

Marty Dean Moore v. State of Arkansas, 2022 Ark. App. 185 (Ark. Ct. App. 2022). “Moore argues that the circuit court erred by not granting him jail-time credit, and he relies on Arkansas Code Annotated section 16-93-309(e) (Supp. 2021), which states: If the suspension of sentence or probation of a defendant is subsequently revoked and the defendant is…”

— Ark. Code Ann. § 16-93-309(f) — 1 case

Christopher Cole v. State of Arkansas, 2026 Ark. App. 118 (Ark. Ct. App. 2026). “A court may revoke probation after the expiration of the period of probation under certain exceptions set forth in section 16-93-309(f), but none of those exceptions apply here.”

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