{"data":{"id":"us-ar/ark.-code-ann.-5-4-904","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 5-4-904","heading":"Eligibility","body":"(a) The judicial district in which a person is charged with a felony shall have in place a pre-adjudication probation program as authorized by this subchapter before this subchapter may be utilized by the person charged with the felony, the circuit court with jurisdiction, or the state. (b) A person charged with a felony is eligible to participate in a pre-adjudication probation program if: (1) The circuit court with jurisdiction over the case and the prosecuting attorney agree; and (2) The person is not charged with one (1) of the following criminal offenses: (A) A criminal offense for which the person would be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (B) A felony involving violence as listed in § 5-4-501(d)(2) ; (C) A felony involving a victim who was seventeen (17) years of age or younger at the time the felony was committed; or (D) A felony involving a victim who was sixty-five (65) years of age or older at the time the felony was committed. (c) (1) A person charged with a traffic offense committed in any type of motor vehicle who was a holder of a commercial learner's permit or commercial driver license at the time the traffic offense was committed is ineligible to participate in a pre-adjudication probation program. (2) As used in subdivision (c)(1) of this section, \"traffic offense\" does not include a parking violation, motor vehicle weight violation, or motor vehicle defect violation. Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.\n\n(a) The judicial district in which a person is charged with a felony shall have in place a pre-adjudication probation program as authorized by this subchapter before this subchapter may be utilized by the person charged with the felony, the circuit court with jurisdiction, or the state.\n\n(b) A person charged with a felony is eligible to participate in a pre-adjudication probation program if: (1) The circuit court with jurisdiction over the case and the prosecuting attorney agree; and (2) The person is not charged with one (1) of the following criminal offenses: (A) A criminal offense for which the person would be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (B) A felony involving violence as listed in § 5-4-501(d)(2) ; (C) A felony involving a victim who was seventeen (17) years of age or younger at the time the felony was committed; or (D) A felony involving a victim who was sixty-five (65) years of age or older at the time the felony was committed.\n\n(1) The circuit court with jurisdiction over the case and the prosecuting attorney agree; and\n\n(2) The person is not charged with one (1) of the following criminal offenses: (A) A criminal offense for which the person would be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (B) A felony involving violence as listed in § 5-4-501(d)(2) ; (C) A felony involving a victim who was seventeen (17) years of age or younger at the time the felony was committed; or (D) A felony involving a victim who was sixty-five (65) years of age or older at the time the felony was committed.\n\n(A) A criminal offense for which the person would be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;\n\n(B) A felony involving violence as listed in § 5-4-501(d)(2) ;\n\n(C) A felony involving a victim who was seventeen (17) years of age or younger at the time the felony was committed; or\n\n(D) A felony involving a victim who was sixty-five (65) years of age or older at the time the felony was committed.\no register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;\n\n(B) A felony involving violence as listed in § 5-4-501(d)(2) ;\n\n(C) A felony involving a victim who was seventeen (17) years of age or younger at the time the felony was committed; or\n\n(D) A felony involving a victim who was sixty-five (65) years of age or older at the time the felony was committed.\n\n(c) (1) A person charged with a traffic offense committed in any type of motor vehicle who was a holder of a commercial learner's permit or commercial driver license at the time the traffic offense was committed is ineligible to participate in a pre-adjudication probation program. (2) As used in subdivision (c)(1) of this section, \"traffic offense\" does not include a parking violation, motor vehicle weight violation, or motor vehicle defect violation.\n\n(1) A person charged with a traffic offense committed in any type of motor vehicle who was a holder of a commercial learner's permit or commercial driver license at the time the traffic offense was committed is ineligible to participate in a pre-adjudication probation program.\n\n(2) As used in subdivision (c)(1) of this section, \"traffic offense\" does not include a parking violation, motor vehicle weight violation, or motor vehicle defect violation.","path":["AR Code","Title 5","Chapter 4","Subchapter 9"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"2a0524e3d6e2d730cda83295e67521d4ab50f3b9c3437d08f693b22dd51c5468","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-5-4-903","next":"us-ar/ark.-code-ann.-5-4-905"},"notice":"GroundRules: Original legal text. Not legal advice."}