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HB 1871

TO REQUIRE A PERIOD OF INCARCERATION FOR DEFENDANTS WHO REPEATEDLY VIOLATE THE TERMS OF THEIR PROBATION OR SUSPENDED SENTENCE.

2025 Regular Session Introduced by Jimmy Gazaway and 1 co-sponsor

HB 1871 aimed to mandate incarceration for defendants with three or more probation violations, increasing accountability and impacting the corrections system in Arkansas.

Died in House Committee at Sine Die adjournment.
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Bill Summary · HB 1871

Summary of House Bill 1871

Bill Information

  • Bill Number: HB 1871
  • Title: To Require a Period of Incarceration for Defendants Who Repeatedly Violate the Terms of Their Probation or Suspended Sentence
  • Status: Died in House Committee at Sine Die adjournment
  • Introduced: March 20, 2025
  • Classification: Bill

Purpose and Intent

House Bill 1871 aimed to amend existing laws regarding the revocation of probation and suspended sentences in Arkansas. The primary intent of the bill was to establish mandatory incarceration for defendants who have repeatedly violated the terms of their probation or suspended sentences, thereby addressing concerns about recidivism and enhancing accountability within the criminal justice system.

Key Provisions

The bill proposed the following significant changes to Arkansas Code § 16-93-309:

  1. Mandatory Incarceration:

    • If a defendant has had their probation or suspended sentence revoked three or more times, the court would be required to sentence the defendant to a period of incarceration in the Division of Correction.
    • The length of incarceration would be mandated to be at least equal to the term of imprisonment that would have been imposed for the original offense for which the defendant was on probation or serving a suspended sentence.

  2. Revocation Hearing Process:

    • The bill outlined that after a revocation hearing, if a defendant is found guilty at a subsequent hearing, the court has the discretion to revoke probation or suspended sentence, or to impose incarceration.

Impact

  • Defendants: The bill would have primarily affected individuals on probation or serving suspended sentences, particularly those with a history of violations. It aimed to deter repeated offenses by imposing stricter penalties.
  • Judicial System: The bill would have required courts to follow a more stringent protocol for handling repeat offenders, potentially increasing the number of individuals incarcerated for probation violations.
  • Corrections System: The Division of Correction would have seen an increase in the population of incarcerated individuals as a result of the mandatory sentencing provisions.

Procedural Aspects

  • Legislative Timeline:
    • March 20, 2025: Bill filed and read for the first time.
    • March 20, 2025: Rules suspended, read a second time, and referred to the House Judiciary Committee.
    • May 5, 2025: The bill died in the House Committee at Sine Die adjournment, meaning it did not advance for further consideration.

Conclusion

While HB 1871 sought to strengthen the consequences for repeated probation violations in Arkansas, it ultimately did not progress through the legislative process. The bill reflected ongoing discussions about criminal justice reform and the balance between rehabilitation and accountability for offenders.

Compiled from official sources — confirm details with the bill’s official record.

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