Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 631 3
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By: Senator B. Davis 5
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For An Act To Be Entitled 8
AN ACT TO AMEND ARKANSAS LAW CONCERNING HEARINGS ON 9
THE REVOCATION OF PROBATION OR SUSPENSION; AND FOR 10
OTHER PURPOSES. 11
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Subtitle 14
TO AMEND ARKANSAS LAW CONCERNING 15
HEARINGS ON THE REVOCATION OF PROBATION 16
OR SUSPENSION. 17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
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SECTION 1. Arkansas Code § 16 -93-307 is amended to read as follows: 21
16-93-307. Probation generally — Revocation hearings. 22
(a)(1) A defendant arrested for violation of suspension or probation 23
is entitled to a preliminary hearing to determine whether there is reasonable 24
cause to believe that he or she has violated a condition of suspension or 25
probation. 26
(2) The Except as provided in subsection (e) of this section, 27
the preliminary hearing shall be conducted by a court having original 28
jurisdiction to try a criminal matter as soon as practicable after arrest and 29
reasonably near the place of the alleged violation or arrest. 30
(3) The defendant shall be given prior notice of the: 31
(A) Time and place of the preliminary hearing; 32
(B) Purpose of the preliminary hearing; and 33
(C) Condition of suspension or probation the defendant is 34
alleged to have violated. 35
(4) Except as provided in subsection (c) of this section, the 36 SB631
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defendant has the right to hear and controvert evidence against him or her 1
and to offer evidence in his or her own behalf. 2
(5)(A) If the court conducting the preliminary hearing finds 3
that there is reasonable cause to believe that the defendant has violated a 4
condition of suspension or probation, it may order the defendant to be 5
detained or it may return the defendant to supervision and may consider 6
imposing one (1) or more intermediate sanctions in the sanctioning grid 7
pending further revocation proceedings before the court that originally 8
suspended imposition of sentence on the defendant or placed him or her on 9
probation. 10
(B)(i) If the court conducting the preliminary hearing 11
does not find reasonable cause, it shall order the defendant released from 12
custody. 13
(ii) However, a release under subdivision 14
(a)(5)(B)(i) of this section does not bar the court that suspended imposition 15
of sentence on the defendant or placed him or her on probation from holding a 16
hearing on the alleged violation of suspension or probation or from ordering 17
that the defendant appear before it. 18
(6) The court conducting the preliminary hearing shall prepare 19
and furnish to the court that suspended imposition of sentence on the 20
defendant or placed him or her on probation a summary of the preliminary 21
hearing, including the responses of the defendant and the substance of the 22
documents and evidence given in support of revocation. 23
(b)(1) A suspension or probation shall not be revoked except after a 24
revocation hearing. 25
(2) The Except as provided in subsection (e) of this section, 26
the revocation hearing shall be conducted by the court that suspended 27
imposition of sentence on the defendant or placed him or her on probation 28
within a reasonable period of time after the defendant's arrest, not to 29
exceed sixty (60) days. 30
(3) The defendant shall be given prior written notice of the: 31
(A) Time and place of the revocation hearing; 32
(B) Purpose of the revocation hearing; and 33
(C) Condition of suspension or probation the defendant is 34
alleged to have violated. 35
(4) Except as provided in subsection (c) of this section, the 36 SB631
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defendant has the right to: 1
(A) Hear and controvert evidence against him or her; 2
(B) Offer evidence in his or her own defense; and 3
(C) Be represented by counsel. 4
(5) If suspension or probation is revoked, the court shall 5
prepare and furnish to the defendant a written statement of the evidence 6
relied on and the reasons for revoking suspension or probation. 7
(c) At a preliminary hearing pursuant to subsection (a) of this 8
section or a revocation hearing pursuant to subsection (b) of this section: 9
(1) The defendant has the right to counsel and to confront and 10
cross-examine an adverse witness unless the court specifically finds good 11
cause for not allowing confrontation; and 12
(2) The court may permit the introduction of any relevant 13
evidence of the alleged violation, including a letter, affidavit, and other 14
documentary evidence, regardless of its admissibility under the rules 15
governing the admission of evidence in a criminal trial. 16
(d) A preliminary hearing pursuant to subsection (a) of this section 17
is not required if: 18
(1) The defendant waives the preliminary hearing; 19
(2) The revocation is based on the defendant's commission of an 20
offense for which he or she has been tried and found guilty in an independent 21
criminal proceeding; or 22
(3) The revocation hearing pursuant to subsection (b) of this 23
section is held promptly after the arrest and in the judicial district where 24
the alleged violation occurred or where the defendant was arrested. 25
(e) If a defendant on probation or a suspended imposition of sentence 26
is subsequently arrested and charged with a felony that constitutes a felony 27
involving violence under § 5 -4-501(d)(2) and the felony offense is filed in a 28
county or judicial district other than the county or judicial district where 29
the defendant is on probation or suspended imposition of sentence, the 30
proceedings under this section may be brought in the county where the 31
defendant was arrested and charged with a felony that constitutes a felony 32
involving violence under § 5 -4-501(d)(2) if the court which placed the 33
defendant on probation or suspended imposition of sentence files a written 34
consent agreeing to the proceedings under this section being brought in the 35
county where the defendant was arrested and charged with a felony that 36 SB631
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constitutes a felony involving violence under § 5 -4-501(d)(2). 1
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