Eligibility. — Arkansas Code § 5-4-904

§ 5-4-904. Eligibility.

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. A person charged with a felony is eligible to participate in a pre-adjudication probation program if: The circuit court with jurisdiction over the case and the prosecuting attorney agree; and The person is not charged with one (1) of the following criminal offenses: 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.; A felony involving violence as listed in § 5-4-501(d)(2); A felony involving a victim who was seventeen (17) years of age or younger at the time the felony was committed; or A felony involving a victim who was sixty-five (65) years of age or older at the time the felony was committed. 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. 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.