reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 17 - SWIFT AND CERTAIN ACCOUNTABILITY ON PROBATION PILOT PROGRAM (§§ 16-93-1701 — 16-93-1704) › Section 16-93-1702 - Application

(a)
A county or judicial district may apply for a grant award under this subchapter by submitting a written application to the Administrative Office of the Courts.
(b)
The application shall include the following:
(1)
A description of the proposed probation program and the need in the county or judicial district for the establishment of a probation program under this subchapter;
(2)
A description of the long-term strategy and a detailed plan of implementation, including how the county or judicial district intends to pay for the probation program after the grant funding is exhausted;
(3)
A certification that all government or private entities that would be affected by the proposed probation program have been appropriately consulted regarding the development of the probation program;
(4)
A description of the coordination plan involving all government or private entities in the implementation process;
(5)
Identification of the governmental and judicial partners in the proposed probation program, including the chief judge of the circuit court as well as other participating judges in the applicable jurisdiction, the court administrator, the probation administrator, the county sheriff, the prosecuting attorney, the public defender, applicable private defense attorneys, applicable municipal law enforcement administrators, and applicable treatment provider administrators; and
(6)
A description of how and assurances that the applicant will collect key process measures, including the:
(A)
Number of probationers enrolled in the probation program;
(B)
Frequency of drug testing probationers;
(C)
Positive drug test rate and other rates of noncompliance with the measurable conditions of supervision;
(D)
Kinds of sanctions available for a violation of probation;
(E)
Kinds of rewards available for positive behavior;
(F)
Certainty of the application of an appropriate sanction;
(G)
Average period of time from detection of a violation to issuance of a sanction for the violation;
(H)
Severity of the sanction; and
(I)
Time between the completion of the sanction and a subsequent violation, if any.
Acts 2011, No. 570, § 110.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 17 - SWIFT AND CERTAIN ACCOUNTABILITY ON PROBATION PILOT PROGRAM (§§ 16-93-1701 — 16-93-1704) › Section 16-93-1703 - Grant uses - Definition

(a)
A grant awarded under this subchapter shall be used by the grantee to establish probation programs that:
(1)
Identify probationers for enrollment in the probation program, through, among other tools, a validated risk-needs assessment tool, who are:
(A)
Serving a term of probation;
(B)
At high risk of failing to observe the conditions of supervision; and
(C)
At high risk of being returned to incarceration as a result of that failure;
(2)
Notify probationers of the rules of the probation program, and consequences for violating those rules;
(3)
Monitor probationers for illicit drug use with regular and rapid-result drug screening;
(4)
Monitor probationers for violations of other rules and probation terms, including failure to pay court-ordered financial obligations such as child support or victim restitution;
(5)
Respond to violations of those rules with immediate arrest of the violating probationer and swift and certain modification of the conditions of probation, including imposition of short jail stays;
(6)
Immediately respond to probationers who have absconded from supervision with service of bench warrants and immediate sanctions;
(7)
(A)
Provide rewards to probationers who comply with those rules.
(B)
Rewards shall include without limitation:
(i)
Reduced reporting requirements;
(ii)
Less frequent drug testing;
(iii)
Certificates of achievement;
(iv)
Other rewards as determined by the locality; and
(v)
Early termination of the sentence;
(8)
Ensure funding for and referral to substance abuse treatment for probationers who repeatedly fail to refrain from illicit drug use;
(9)
Establish procedures to terminate probation program participation by and initiate revocation to a term of incarceration for probationers who habitually fail to abide by probation program rules and pose a threat to public safety; and
(10)
Include regular coordination meetings for key partners of the probation program, including the partners identified under §
16-93-1702(b)(5)
.
(b)
As used in this section, "validated risk-needs assessment" means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior.
Acts 2011, No. 570, § 110.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 17 - SWIFT AND CERTAIN ACCOUNTABILITY ON PROBATION PILOT PROGRAM (§§ 16-93-1701 — 16-93-1704) › Section 16-93-1704 - Determination of probation program savings

(a)
Each county or judicial district receiving a grant under this subchapter shall:
(1)
Not later than twelve (12) months after an initial grant award under this section and annually thereafter through the end of the grant period calculate the amount of cost savings and costs averted, if any, resulting from the reduced incarceration achieved through the Swift and Certain Accountability on Probation Pilot Program; and
(2)
Report to the Administrative Office of the Courts:
(A)
The amount calculated under subdivision (a)(1) of this section; and
(B)
The portion of the amount, if any, that will be reinvested for expansion of the program.
(b)
The Administrative Office of the Courts shall:
(1)
Annually evaluate:
(A)
The methods used by courts to calculate the cost savings reported under subdivision (a)(1) of this section; and
(B)
The use of the savings by the courts to reinvest for expansion of the program; and
(2)
Provide guidance, assistance, and recommendations to such courts relating to the potential reinvestment of such savings for expansion of the program.
(c)
The Administrative Office of the Courts shall select an entity to serve as the program initiative evaluation coordinator to:
(1)
Analyze and provide feedback on the measures and outcomes the individual initiative probation programs are required to collect and conduct, respectively, in accordance with §
16-93-1702(b)(6)
;
(2)
Ensure consistent tracking of the progress of the demonstration programs carried out under this section, including such measures and outcomes; and
(3)
Ensure that the aggregate data from all such programs is available to each of the programs and to the Administrative Office of the Courts.
(d)
The Administrative Office of the Courts shall report annually to the General Assembly and the Governor the results of the program initiative carried out under this subchapter.
Acts 2011, No. 570, § 110.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 18 - RELEASE ELIGIBILITY AND PROCEDURES FOR OFFENSES COMMITTED ON OR AFTER JANUARY 1, 2025 (§§ 16-93-1801 — 16-93-1812) › Section 16-93-1801 - Applicability

(a)
This subchapter applies to a felony offense committed on or after January 1, 2025.
(b)
A person who, before January 1, 2025, committed a felony and who was convicted and incarcerated for that felony is eligible for release on parole in accordance with the law in effect at the time the felony was committed.
Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 18 - RELEASE ELIGIBILITY AND PROCEDURES FOR OFFENSES COMMITTED ON OR AFTER JANUARY 1, 2025 (§§ 16-93-1801 — 16-93-1812) › Section 16-93-1803 - Release eligibility for felony ineligible for earned release credits or restricted release felony committed on or after January 1, 2025

(a)
A person who, on or after January 1, 2025, commits a felony ineligible to receive earned release credits and who is convicted and incarcerated for the felony ineligible to receive earned release credits is not eligible for release before serving the entire term of imprisonment imposed by the sentencing court.
(b)
(1)
A person who, on or after January 1, 2025, commits a restricted release felony and who is convicted and incarcerated for the restricted release felony is not eligible for release prior to serving at least eighty-five percent (85%) of the term of incarceration imposed by the sentencing court.
(2)
A person serving a sentence for a restricted release felony may accrue earned release credits in accordance with the policy adopted by the Division of Correction and as described in §
12-29-701
et seq.
(3)
Earned release credits shall not be applied to a sentence for a restricted release felony in an amount that exceeds fifteen percent (15%) of the term of imprisonment imposed by the sentencing court.
(c)
A person who commits a restricted release felony and who has previously been convicted of a restricted release felony or a felony ineligible to receive earned release credits is ineligible for release before serving one hundred percent (100%) of the period of incarceration imposed by the sentencing court.
Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 18 - RELEASE ELIGIBILITY AND PROCEDURES FOR OFFENSES COMMITTED ON OR AFTER JANUARY 1, 2025 (§§ 16-93-1801 — 16-93-1812) › Section 16-93-1805 - Procedures for release - Generally

(a)
An inmate under sentence for a felony and who is eligible for release may be transferred to post-release supervision under this section and §
16-93-1903
subject to rules promulgated by the Board of Corrections or the Post-Prison Transfer Board and conditions adopted by the Post-Prison Transfer Board.
(b)
Notwithstanding any minimum serving requirement, upon recommendation of the Director of the Division of Correction, the Post-Prison Transfer Board may consider an inmate for transfer to post-release supervision if:
(1)
The inmate is at least sixty (60) years of age; and
(2)
The inmate has served at least one-half (½) of his or her sentence.
Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 18 - RELEASE ELIGIBILITY AND PROCEDURES FOR OFFENSES COMMITTED ON OR AFTER JANUARY 1, 2025 (§§ 16-93-1801 — 16-93-1812) › Section 16-93-1806 - Procedures for release - Hearing

(a)
An inmate under sentence for a felony, except those designated as a felony ineligible to receive earned release credits under §
16-93-1802
, may be transferred to post-release supervision under §§
16-93-1903
and
16-93-1904
subject to rules promulgated by the Board of Corrections or the Post-Prison Transfer Board and conditions adopted by the Post-Prison Transfer Board.
(b)
Before a hearing of the Post-Prison Transfer Board to consider a transfer to post-release supervision, notification of the committing court, the prosecuting attorney, county sheriff, and the victim or the victim's next of kin for an inmate under sentence for an offense other than one (1) in the target group as defined in §
16-93-1202
shall follow the procedures stated in §
16-93-1810
.
(c)
(1)
For an inmate under sentence for a felony within the target group as defined in §
16-93-1202
, before the Post-Prison Transfer Board sets conditions for transfer of the inmate to post-release supervision, a victim, or his or her next of kin in cases in which the victim is unable to express his or her desire, who has expressed the desire to be consulted by the Post-Prison Transfer Board shall be notified of the date, time, and place of the transfer hearing.
(2)
(A)
A victim or his or her next of kin who desires to be consulted by the Post-Prison Transfer Board under this section shall inform the Post-Prison Transfer Board of his or her desire to be consulted in writing at the time of sentence.
(B)
A victim or his or her next of kin who does not inform the Post-Prison Transfer Board of his or her desire to be consulted as required under subdivision (c)(2)(A) of this section is not required to be notified by the Post-Prison Transfer Board.
(3)
(A)
Victim input to the Post-Prison Transfer Board under this section is limited to oral or written recommendations on conditions relevant to the inmate under review for transfer to post-release supervision.
(B)
The oral or written recommendations received under this subsection are not binding on the Post-Prison Transfer Board but are given due consideration within the resources available for transfer to post-release supervision.
Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 18 - RELEASE ELIGIBILITY AND PROCEDURES FOR OFFENSES COMMITTED ON OR AFTER JANUARY 1, 2025 (§§ 16-93-1801 — 16-93-1812) › Section 16-93-1807 - Risk and needs assessment to be considered - Release without a hearing

(a)
(1)
A risk and needs assessment that evaluates and quantifies the inmate's risk to reoffend following release shall inform the transfer determination, along with other relevant information.
(2)
If transfer to post-release supervision is granted, the risk and needs assessment under this section and other relevant information shall be used to set the conditions for post-release supervision.
(b)
(1)
Review of an inmate's appropriateness for transfer to post-release supervision is based on rules and policies adopted by the Post-Prison Transfer Board and the board shall conduct a risk and needs assessment review as a part of the review of the inmate's appropriateness for transfer to post-release supervision.
(2)
The rules and policies adopted by the board under subdivision (b)(1) of this section shall include without limitation:
(A)
A provision for notification of the victim or his or her next of kin that a hearing shall be held under this section;
(B)
A requirement for keeping a record of the proceedings; and
(C)
A list of the criteria upon which a denial may be based.
(c)
In order to prepare applications for post-release supervision transfer consideration, the board shall:
(1)
Begin transfer proceedings for post-release supervision or a preliminary review for post-release supervision under this subchapter no later than six (6) months before an inmate's post-release supervision transfer eligibility date; and
(2)
Authorize procedures for jacket review, as defined in §
16-93-101
, no later than six (6) months before an inmate's post-release supervision transfer eligibility.
(d)
The transfer review for post-release supervision may be conducted without a hearing when:
(1)
The inmate has not received a major disciplinary report;
(2)
There has not been a request by a victim or his or her next of kin to have input on post-release supervision transfer conditions; and
(3)
There is no indication in the risk and needs assessment review under this section that special conditions need to be placed on the inmate.
Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 18 - RELEASE ELIGIBILITY AND PROCEDURES FOR OFFENSES COMMITTED ON OR AFTER JANUARY 1, 2025 (§§ 16-93-1801 — 16-93-1812) › Section 16-93-1808 - Hearing procedure

(a)
When a hearing is needed to determine whether to transfer an inmate to post-release supervision, the Post-Prison Transfer Board shall conduct a hearing to determine the appropriateness of the inmate for transfer to post-release supervision.
(b)
At the conclusion of a hearing under this section, the board shall issue one (1) of the following decisions:
(1)
Transfer the inmate to post-release supervision as authorized under §
16-93-1901
et seq. and accompany the transfer with a notice of the conditions of the transfer, including without limitation:
(A)
Supervision levels;
(B)
Economic fee sanction;
(C)
Participation in a treatment program;
(D)
Programming requirements; and
(E)
Facility placement when appropriate;
(2)
(A)
Deny transfer of the inmate to post-release supervision based on a set of established criteria and accompany the denial with a prescribed course of action to be undertaken by the inmate to rectify the board's concern.
(B)
Upon completion of the course of action determined by the board under subdivision (b)(2)(A) of this section and after final review of the inmate's file to ensure successful completion of the course of action, the board shall authorize the inmate's transfer to post-release supervision under this subchapter in accordance with administrative rules and policies governing the transfer and subject to the conditions attached to the transfer.
(C)
If an inmate fails to fulfill the course of action outlined by the board to facilitate transfer to post-release supervision under subdivision (b)(2)(A) of this section, it is the responsibility of the inmate to petition the board for a rehearing; or
(3)
Deny transfer of the inmate to post-release supervision for a period of up to two (2) years.
(c)
A transfer of an inmate to post-release supervision under this section shall be issued upon the adoption of an order by the board in accordance with the rules and policies adopted by the board under this section.
Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 18 - RELEASE ELIGIBILITY AND PROCEDURES FOR OFFENSES COMMITTED ON OR AFTER JANUARY 1, 2025 (§§ 16-93-1801 — 16-93-1812) › Section 16-93-1809 - Open meetings

(a)
The Post-Prison Transfer Board shall conduct open meetings and shall make public its findings for each inmate eligible for transfer to post-release supervision.
(b)
(1)
Open meetings under this section may be conducted through videoconference technology if the inmate is housed in a county jail and if the videoconference technology is available.
(2)
Open meetings utilizing videoconference technology under this section shall be conducted in public, except that inmate interviews and related deliberations may be closed to the public.
Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 18 - RELEASE ELIGIBILITY AND PROCEDURES FOR OFFENSES COMMITTED ON OR AFTER JANUARY 1, 2025 (§§ 16-93-1801 — 16-93-1812) › Section 16-93-1811 - Post-release supervision

(a)
(1)
The Post-Prison Transfer Board shall establish a set of conditions that are applicable to all inmates transferred to post-release supervision.
(2)
The set of conditions established by the Post-Prison Transfer Board under subdivision (a)(1) of this section is subject to periodic review, revision, and approval as the Post-Prison Transfer Board deems necessary.
(b)
(1)
(A)
A course of action required by the Post-Prison Transfer Board shall not be outside the current resources of the Division of Correction.
(B)
The conditions for post-release supervision set by the Post-Prison Transfer Board shall not be outside the current resources of the Division of Community Correction.
(2)
The Division of Correction and Division of Community Correction shall strive to accommodate the actions required by the Board of Corrections or the Post-Prison Transfer Board to the best of their abilities.
(c)
Transfer to post-release supervision is not an award of clemency, and it shall not be considered as a reduction of sentence or a pardon.
(d)
An inmate on post-release supervision shall remain:
(1)
In the legal custody of the Division of Correction;
(2)
Under the supervision of the Division of Community Correction; and
(3)
Subject to the orders of the Post-Prison Transfer Board.
(e)
Decisions on release to post-release supervision, courses of action before transfer to post-release supervision, and post-release supervision transfer conditions to be set by the Post-Prison Transfer Board shall be:
(1)
Informed by the risk and needs assessment tool under §
16-93-1807
;
(2)
Reasonable and rational; and
(3)
Defensible based on preestablished criteria.
Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 18 - RELEASE ELIGIBILITY AND PROCEDURES FOR OFFENSES COMMITTED ON OR AFTER JANUARY 1, 2025 (§§ 16-93-1801 — 16-93-1812) › Section 16-93-1812 - Rules

The Post-Prison Transfer Board shall adopt rules to implement this subchapter.
Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 19 - POST-RELEASE SUPERVISION FOR PERSONS COMMITTING OFFENSES ON OR AFTER JANUARY 1, 2025 (§§ 16-93-1901 — 16-93-1911) › Section 16-93-1901 - Applicability

This subchapter applies to a felony offense committed on or after January 1, 2025.
Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 19 - POST-RELEASE SUPERVISION FOR PERSONS COMMITTING OFFENSES ON OR AFTER JANUARY 1, 2025 (§§ 16-93-1901 — 16-93-1911) › Section 16-93-1902 - Definitions

As used in this subchapter:
(1)
"Community supervision officer" means an employee of the Division of Community Correction who is tasked with the supervision of offenders released to post-release supervision or persons who otherwise fall under the supervisory authority of the Division of Community Correction;
(2)
"Eligible inmate" means an inmate eligible for post-release supervision;
(3)
"Felony ineligible for earned release credits" means the same as defined in §
16-93-1802
;
(4)
"Offender" means a person transferred to post-release supervision;
(5)
"Post-release supervision" means a period of community supervision for an offender after his or her release from incarceration; and
(6)
"Restricted release felony" means the same as defined in §
16-93-1802
.
Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 19 - POST-RELEASE SUPERVISION FOR PERSONS COMMITTING OFFENSES ON OR AFTER JANUARY 1, 2025 (§§ 16-93-1901 — 16-93-1911) › Section 16-93-1903 - Post-release supervision - Authority and parameters

(a)
(1)
The Post-Prison Transfer Board may transfer to post-release supervision an eligible inmate who is confined in a correctional institution administered by the Division of Correction or the Division of Community Correction, if the board determines:
(A)
There is a reasonable probability that the eligible inmate can be transferred without detriment to the community or himself or herself;
(B)
The eligible inmate is able and willing to fulfill the obligations of a law-abiding citizen; and
(C)
That post-release supervision is in the best interest of society.
(2)
A transfer to post-release supervision under this section shall issue upon the adoption of an order of the board.
(b)
(1)
Before ordering the transfer to post-release supervision of an eligible inmate under this section, the board, a hearing judge, or an investigator employed by the board shall interview the eligible inmate, unless a hearing is not required under §§
16-93-1807
and
16-93-1808
.
(2)
The board shall consider the results of the risk and needs assessments of all applicants for transfer to post-release supervision.
(3)
Transfer to post-release supervision shall not be considered a reduction of a sentence or a pardon.
(4)
An inmate on post-release supervision shall remain:
(A)
In the legal custody of the Division of Correction;
(B)
Under the supervision of the Division of Community Correction; and
(C)
Subject to the orders of the board.
Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 19 - POST-RELEASE SUPERVISION FOR PERSONS COMMITTING OFFENSES ON OR AFTER JANUARY 1, 2025 (§§ 16-93-1901 — 16-93-1911) › Section 16-93-1904 - Post-release supervision - Required recommendations

(a)
Before the Post-Prison Transfer Board may grant a transfer to post-release supervision based on accrual and application of earned release credits, the board shall:
(1)
Notify and solicit the written recommendations of the committing court, the prosecuting attorney, and the county sheriff of the county from which the inmate was committed as provided in §
16-93-1810
; and
(2)
Notify the victim or the next of kin as provided in §
16-93-1810
.
(b)
An inmate who is ineligible to accrue earned release credits may be transferred to post-release supervision only if:
(1)
Sentenced by the sentencing court to a period of post-release supervision to follow the inmate's term of imprisonment; and
(2)
The inmate has served the entire sentence of imprisonment before transfer to post-release supervision.
Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 19 - POST-RELEASE SUPERVISION FOR PERSONS COMMITTING OFFENSES ON OR AFTER JANUARY 1, 2025 (§§ 16-93-1901 — 16-93-1911) › Section 16-93-1905 - Length of post-release supervision

(a)
(1)
For a person under sentence for a term of imprisonment for which he or she is eligible for transfer to post-release supervision upon accrual and award of earned release credits, the inmate is subject to post-release supervision for the remainder of the term of imprisonment assessed by the sentencing court.
(2)
For a person under sentence for a term of imprisonment for which he or she is not eligible to accrue or be awarded earned release credits, the inmate is subject to a term of post-release supervision as assessed by the sentencing judge under §
5-4-104(c)
.
(3)
The term of supervised release, when aggregated with the term of imprisonment imposed by the sentencing court, shall not exceed the statutory maximum for the offense.
(b)
If the sentencing court sentenced a person to a term of suspended imposition of sentence to follow his or her term of imprisonment at the Division of Correction, the period of post-release supervision runs concurrently with the term of suspended imposition of sentence.
Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 19 - POST-RELEASE SUPERVISION FOR PERSONS COMMITTING OFFENSES ON OR AFTER JANUARY 1, 2025 (§§ 16-93-1901 — 16-93-1911) › Section 16-93-1909 - Subpoena of witnesses and documents for revocation of post-release supervision

(a)
(1)
The following persons have the power to issue oaths, subpoena witnesses to appear, and subpoena the production of any relevant books, papers, records, or documents under this subchapter:
(A)
The Chair of the Post-Prison Transfer Board or his or her designee;
(B)
The administrator of the Post-Prison Transfer Board;
(C)
Any member of the Post-Prison Transfer Board; and
(D)
The revocation hearing judge presiding over any preliminary hearing concerning an alleged violation of the conditions of post-release supervision.
(2)
(A)
A subpoena issued under this section shall be:
(i)
Directed to the county sheriff, county coroner, or constable of any county where the designated witness resides or is found; and
(ii)
Served and returned in the same manner as subpoenas in civil actions in the circuit courts.
(B)
An endorsed affidavit on a subpoena of a person eighteen (18) years of age or older is proof of service of the subpoena.
(b)
The fees and mileage expenses prescribed by law for witnesses in civil cases shall be paid by the Division of Correction for any witness subpoenaed to appear under this section.
(c)
(1)
If a person fails or refuses to comply with a subpoena issued under this section to testify or answer to any matter regarding which the person may be lawfully interrogated, a circuit court in this state, on application of the hearing officer or the chair, shall issue an attachment for the person and compel him or her to comply with the subpoena and appear before the revocation hearing judge or the board and produce any testimony or documents as may be required.
(2)
(A)
The circuit court shall have the same power to punish any contempt, in case of disobedience, as in civil cases.
(B)
It is a criminal violation for a witness to refuse or neglect to appear and testify, punishable upon conviction by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).
(d)
A person knowingly testifying falsely under oath before the board or at a preliminary hearing in which probable cause for revocation of transfer to post-release supervision is to be considered as to any matter material to lawful inquiry by the board or revocation hearing judge may be charged with perjury.
Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 19 - POST-RELEASE SUPERVISION FOR PERSONS COMMITTING OFFENSES ON OR AFTER JANUARY 1, 2025 (§§ 16-93-1901 — 16-93-1911) › Section 16-93-1910 - Prohibition on sex offenders residing with minors

(a)
(1)
Except as specified in subdivision (a)(2) of this section, the Post-Prison Transfer Board shall prohibit, as a condition of granting transfer to post-release supervision, an offender from residing in a residence with a minor, if the offender was convicted of one (1) or more of the following offenses perpetrated against a minor:
(A)
A sexual offense as defined in §
5-14-101
et seq.;
(B)
Incest, §
5-26-202
; or
(C)
An offense under the Arkansas Protection of Children Against Exploitation Act of 1979, §
5-27-301
et seq.
(2)
The board may permit an offender to reside in a residence with a minor if the board finds that the offender no longer poses a danger to any minor residing in the residence.
(b)
If the board, upon a hearing under §
16-93-1908
, finds by a preponderance of the evidence that the offender has failed to comply with a condition of post-release supervision, the post-release supervision may be revoked and the offender returned to the custody of the Division of Correction.
Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 19 - POST-RELEASE SUPERVISION FOR PERSONS COMMITTING OFFENSES ON OR AFTER JANUARY 1, 2025 (§§ 16-93-1901 — 16-93-1911) › Section 16-93-1911 - Rules

The Post-Prison Transfer Board shall adopt rules to implement this subchapter.
Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-94-101 — 16-94-104) › Section 16-94-101 - Expenses incurred in return of fugitives

(a)
County judges may and are authorized and empowered to pay out of the general revenue fund of the county the necessary expenses incurred by the county sheriff of the county incident to the return of fugitives to the state.
(b)
In order for a county sheriff or his or her deputy to avail himself or herself of the provisions of this section, it shall be necessary to secure a requisition from the Governor for the return of the fugitive and to file an itemized account of the necessary expenses incurred in the capture and return of the fugitive to the state, which account shall be properly sworn to and verified.
Acts 1925, No. 364, §§ 1, 2; Pope's Dig., §§ 6110, 6111; A.S.A. 1947, §§ 43-3029, 43-3030.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-94-101 — 16-94-104) › Section 16-94-102 - Transfer of convicted foreign citizens or nationals under treaty

When a treaty is in effect between the United States and a foreign country providing for the transfer of a convicted offender who is a citizen or national of the foreign country to that country, the Governor is authorized, subject to the terms of the treaty, to consent to the transfer of the convicted offender.
Acts 1981, No. 71, § 1; A.S.A. 1947, § 43-3002.1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-94-101 — 16-94-104) › Section 16-94-103 - Waiver of extradition warrant

(a)
(1)
Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of his or her bail, probation, or parole may waive the issuance and service of the warrant provided under the Uniform Criminal Extradition Act, §
16-94-201
et seq., and all other procedures incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he or she consents to return to the demanding state.
(2)
Before the waiver shall be executed or subscribed to by the person, it shall be the duty of such judge to inform such person of his or her rights to await the issuance and service of a warrant of extradition and to contest extradition following issuance of the warrant of the Governor as provided for in §
16-94-207
.
(3)
Following waiver of extradition, the person shall be placed in custody without bail to await delivery to the agent of the demanding state.
(4)
The agent of the demanding state need not be present at the waiver.
(b)
(1)
If and when the consent has been duly executed, it shall immediately be forwarded to the office of the Governor of this state and filed there.
(2)
The judge shall direct the officer having the person in custody to deliver forthwith the person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to the agent or agents a copy of such consent.
(c)
Nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state.
(d)
Notwithstanding any other provision of law, a law enforcement agency in this state holding a person who is alleged to have broken the terms of his or her probation, parole, bail, or any other release in the demanding state shall immediately deliver the person to the duly authorized agent of the demanding state without the requirement of a Governor's warrant if all of the following apply:
(1)
Waiver.
The person has signed a prior waiver of extradition as a term of his or her current probation, parole, bail, or other release in the demanding state; and
(2)
Authenticated Copy.
The law enforcement agency holding the person has received an authenticated copy of the prior waiver of extradition signed by the person and photographs or fingerprints or other evidence properly identifying the person as the person who signed the waiver.
Acts 1995, No. 841, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-94-101 — 16-94-104) › Section 16-94-104 - Extradition for theft of certain property

The Governor may request the extradition of a person charged with theft of property if the person committed the theft of property by:
(1)
Being subject to the Packers and Stockyards Act, 1921,
7 U.S.C. § 181
et seq., as it existed on January 1, 2013;
(2)
Obtaining livestock from a commission merchant by representing that the person will make prompt payment; and
(3)
Failing to make payment in accordance with
7 U.S.C. § 228b
, as it existed on January 1, 2013.
Added by Act 2013, No. 498,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-201 - Definitions

Where appearing in this subchapter, the term "Governor" includes any person performing the functions of Governor by authority of the law of this state. The term "executive authority" includes the Governor and any person performing the functions of governor in a state other than this state. And the term "state" referring to a state other than this state refers to any other state or territory organized or unorganized of the United States of America.
Acts 1935, No. 126, § 1; Pope's Dig., § 6081; A.S.A. 1947, § 43-3001.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-202 - Duty of Governor

Subject to the qualifications of this subchapter, and the provisions of the Constitution of the United States controlling, and acts of Congress in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.
Acts 1935, No. 126, § 2; Pope's Dig., § 6082; A.S.A. 1947, § 43-3002.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-203 - Procedure generally

No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing and accompanied by a copy of an indictment found or by an information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereon. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy must be authenticated by the executive authority making the demand, which shall be prima facie evidence of its truth.
Acts 1935, No. 126, § 3; Pope's Dig., § 6083; A.S.A. 1947, § 43-3003.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-204 - Investigation by Attorney General

When a demand shall be made upon the Governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him or her the situation and circumstances of the person so demanded and whether he or she ought to be surrendered.
Acts 1935, No. 126, § 4; Pope's Dig., § 6084; A.S.A. 1947, § 43-3004.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-205 - Warrant generally

A warrant of extradition must not be issued unless documents presented by the executive authority making the demand show that:
I.
Except in cases arising under §
16-94-206
, the accused was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled from the state;
II.
The accused is now in this state; and
III.
He or she is lawfully charged by indictment found or by information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that he or she has been convicted of a crime in that state and has escaped from confinement or broken his or her parole.
Acts 1935, No. 126, § 5; Pope's Dig., § 6085; A.S.A. 1947, § 43-3005.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-206 - Absence of fugitive from other state when crime committed

The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in §
16-94-205
with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand; and the provisions of this subchapter not otherwise inconsistent shall apply to such cases, notwithstanding that the accused was not in that state at the time of the commission of the crime and has not fled therefrom.
Acts 1935, No. 126, § 6; Pope's Dig., § 6086; A.S.A. 1947, § 43-3006.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-207 - Governor to sign warrant

If the Governor shall decide that the demand should be complied with, he or she shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to a sheriff, marshal, coroner, or other person whom he or she may think fit to entrust with the execution thereof; and the warrant must substantially recite the facts necessary to the validity of its issue.
Acts 1935, No. 126, § 7; Pope's Dig., § 6087; A.S.A. 1947, § 43-3007.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-208 - Contents of warrant

Such warrant shall authorize the officer or other person to whom directed to arrest the accused at any place where he may be found within the state and to command the aid of all sheriffs and other peace officers in the execution of the warrant, and to deliver the accused subject to the provisions of this subchapter to the duly authorized agent of the demanding state.
Acts 1935, No. 126, § 8; Pope's Dig., § 6088; A.S.A. 1947, § 43-3008.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 94 - EXTRADITION (§§ 16-94-101 — 16-94-231) › Subchapter 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 16-94-201 — 16-94-231) › Section 16-94-209 - Arresting officer

Every such officer or other person empowered to make the arrest shall have the same authority in arresting the accused to command assistance therein, as sheriffs and other officers have by law in the execution of any criminal process directed to them, with the like penalties against those who refuse their assistance.
Acts 1935, No. 126, § 9; Pope's Dig., § 6089; A.S.A. 1947, § 43-3009.