If the court has suspended imposition of sentence or placed a defendant on probation conditioned upon the defendant's making restitution and the defendant has not satisfactorily made all of his or her payments when the probation period has ended, the court may:
Continue to assert the court's jurisdiction over the recalcitrant defendant; and
Either:
Extend the probation period as the court deems necessary; or
Revoke the defendant's suspended sentence.
History.
Acts 2011, No. 570, § 90.
Case Notes
Jurisdiction.
Court retained jurisdiction to revoke the suspended sentence for failure to pay restitution, because the petitioner was charged with fleeing to avoid arrest for possession of marijuana and causing property damage while fleeing, and was ordered to pay restitution for the damage he caused during the course of the criminal episode.
Arter v. State, 2012 Ark. App. 327, 414 S.W.3d 391 (2012).
Trial court erred by revoking defendant's probation imposed upon her plea of guilty to breaking or entering and theft of property, because her probation was previously revoked and she was no longer under any probationary sentence with a condition of restitution; thus, the court did not retain jurisdiction to revoke for nonpayment of restitution.
Mott v. State, 2013 Ark. App. 529 (2013).
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 2012–2026 · leading case: Turman v. State, 467 S.W.3d 181 (Ark. Ct. App. 2015).
Turman v. State, 467 S.W.3d 181 (Ark. Ct. App. 2015). · cites it 4דThe body of the petition contains a block quote from Ark.Code Ann. § 16-93-311, a statute that allows a circuit court to retain jurisdiction beyond the term of a suspended sentence when restitution has been ordered but not paid.”
Stockton v. State, 2014 Ark. App. 300 (Ark. Ct. App. 2014). · cites it 2דArk. Code Ann. § 16-93-311 (Supp. 2013). There was no dispute that appellant still owed restitution in these cases.”
Arter v. State, 414 S.W.3d 391 (Ark. Ct. App. 2012). · cites it 8דArk.Code Ann. § 16-93-311. Appellant first contends that the trial court did not have jurisdiction to revoke the suspended imposition of sentence on appellant’s felony conviction because the restitution ordered was applicable only to the misdemeanor conviction of criminal…”
Hooten v. State, 2014 Ark. App. 21 (Ark. Ct. App. 2014). · cites it 2דSee Ark. Code Ann. § 16-93-308 (d) (Supp. 2013) (formerly Ark.”
Mayra Lopez (Aka Myria Lopez) v. State of Arkansas, 2026 Ark. App. 51 (Ark. Ct. App. 2026). · cites it 2דSee Ark. Code Ann. § 16-93-311 (Repl. 2016). The basis for 2 the petition to revoke was Lopez’s failure to pay her restitution, fees, fines, and costs.”
Hooten v. State, 2014 Ark. App. 375 (Ark. Ct. App. 2014). · cites it 2ד” That provision is currently codified at Ark. Code Ann. § 16-93-311 (Supp. 2013). 3 Cite as 2014 Ark.”
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