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 6 - PAROLE - ELIGIBILITY (§§ 16-93-601 — 16-93-622) › Section 16-93-613 - Parole eligibility - Class Y, Class A, or Class B felonies

(a)
Except for a person subject to delayed release under §
5-4-405
and except for a drug offense addressed in §
16-93-618
or a Class Y felony addressed in §
5-4-104(c)(2)
, §
16-93-614
, or §
16-93-618
, a person who commits a Class Y felony, Class A felony, or Class B felony and who is convicted and incarcerated for the Class Y felony, Class A felony, or Class B felony, is eligible for release on parole as follows:
(1)
An inmate under sentence of death or life imprisonment without parole is not eligible for release on parole but may be pardoned or have his or her sentence commuted by the Governor as provided by law; and
(2)
(A)
An inmate sentenced to life imprisonment is not eligible for release on parole unless the sentence is commuted to a term of years by executive clemency.
(B)
Upon commutation, the inmate is eligible for release on parole as provided in this subchapter.
(b)
For parole eligibility purposes, consecutive sentences by one (1) or more courts or for one (1) or more counts are to be considered as a single commitment reflecting the cumulative sentence to be served.
(c)
Except as provided for under §
16-93-621
, for an offense committed before, on, or after March 20, 2017, a person who was a minor at the time of committing an offense listed under subsection (a) of this section is eligible for release on parole under this section.
Amended by Act 2023, No. 177,§ 13, eff. 8/1/2023.
Amended by Act 2021, No. 1102,§ 7, eff. 7/28/2021.
Amended by Act 2021, No. 681,§ 6, eff. 7/28/2021.
Amended by Act 2017, No. 1029,§ 1, eff. 4/6/2017.
Amended by Act 2017, No. 539,§ 10, eff. 3/20/2017.
Acts 2011, No. 570, § 98.
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 6 - PAROLE - ELIGIBILITY (§§ 16-93-601 — 16-93-622) › Section 16-93-616 - Parole eligibility procedures - Offenses committed after January 1, 1994 - Computation of sentence

(a)
(1)
Time served for a sentence shall be deemed to begin on the day sentence is imposed, not on the day a prisoner is received by the Division of Correction.
(2)
Time served shall continue only during the time in which an individual is actually confined in a county jail or other local place of lawful confinement or while under the custody and supervision of the division.
(3)
Once sentenced to the division, the division shall retain legal custody of the inmate for the duration of the original sentence.
(b)
The sentencing judge shall direct, when he or she imposes sentence, that time already served by the defendant in jail or other place of detention shall be credited against the sentence.
Amended by Act 2019, No. 910,§ 915, eff. 7/1/2019.
Acts 2011, No. 570, § 101.
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 6 - PAROLE - ELIGIBILITY (§§ 16-93-601 — 16-93-622) › Section 16-93-617 - Parole eligibility procedures - Offenses committed after January 1, 1994 - Revocation of transfer

(a)
In the event an offender transferred under this section, §§
16-93-614
-
16-93-616
, or §
16-93-618
violates the terms or conditions of his or her transfer, a hearing shall follow all applicable legal requirements and shall be subject to any additional policies and rules set by the Post-Prison Transfer Board.
(b)
(1)
In the event an offender transferred under this section and §§
16-93-614
-
16-93-616
, or §
16-93-618
is found to be or becomes ineligible for transfer into a Division of Community Correction facility, he or she shall be transported to the Division of Correction to serve the remainder of his or her sentence.
(2)
Notice of the ineligibility and the reasons therefor shall be provided to the offender, and a hearing may be requested before the board if the offender contests the factual basis of the ineligibility. Otherwise, the board may administratively approve the transfer to the Division of Correction.
(c)
An offender who is judicially transferred to a Division of Community Correction facility and subsequently transferred back to the Division of Correction by the board for disciplinary or administrative reasons may not become eligible for any further transfer under §
16-93-614(c)(2)(E) and (F)
.
Amended by Act 2023, No. 659,§ 192, eff. 1/1/2024.
Amended by Act 2019, No. 315,§ 1311, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 916, eff. 7/1/2019.
Acts 2011, No. 570, § 102.
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 6 - PAROLE - ELIGIBILITY (§§ 16-93-601 — 16-93-622) › Section 16-93-619 - Rulemaking authority

The Post-Prison Transfer Board may adopt rules to implement, administer, and enforce this subchapter.
Amended by Act 2023, No. 659,§ 194, eff. 1/1/2024.
Added by Act 2015, No. 609,§ 4, eff. 7/22/2015.
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 6 - PAROLE - ELIGIBILITY (§§ 16-93-601 — 16-93-622) › Section 16-93-620 - Parole eligibility procedures - Certain offenses committed on or after April 1, 2015

(a)
An inmate sentenced for one (1) of the following felonies on or after April 1, 2015, is eligible for discretionary transfer to the Division of Community Correction by the Post-Prison Transfer Board after having served one-third (1/3) or one-half (½) of his or her sentence, with credit for meritorious good time, depending on the seriousness determination made by the Arkansas Sentencing Commission, or one-half (½) of the time to which his or her sentence is commuted:
(1)
Battery in the second degree, §
5-13-202
;
(2)
Aggravated assault, §
5-13-204
;
(3)
Terroristic threatening, §
5-13-301
;
(4)
Domestic battering in the second degree, §
5-26-304
; or
(5)
Residential burglary, §
5-39-201
.
(b)
The transfer of an inmate convicted of an offense listed in this section is not automatic.
(c)
All other provisions governing the procedures regarding the granting and administration of parole for persons convicted of an offense listed under subsection (a) of this section shall be governed by §§
16-93-615
-
16-93-617
.
Amended by Act 2023, No. 659,§ 195, eff. 1/1/2024.
Added by Act 2015, No. 895,§ 26, eff. 4/1/2015.
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 6 - PAROLE - ELIGIBILITY (§§ 16-93-601 — 16-93-622) › Section 16-93-622 - Parole or post-release supervision discharge for offenders who are minors - Reinstatement of rights

(a)
The Post-Prison Transfer Board may discharge a person from parole or post-release supervision if:
(1)
The person:
(A)
Was released on parole or post-release supervision under §
16-93-621
or any provision of this chapter in which the person's parole term exceeds five (5) years, for having committed an offense as a minor; and
(B)
Has served at least five (5) years on parole or post-release supervision without a violation; and
(2)
The prosecuting attorney in the county where the person was originally convicted has consented to the discharge of the person from parole or post-release supervision.
(b)
Unless otherwise provided by Arkansas Constitution, Amendment 51, a person who has been discharged from parole or post-release supervision under subsection (a) of this section shall have his or her constitutional right to vote restored.
Amended by Act 2023, No. 659,§ 197, eff. 1/1/2024.
Amended by Act 2023, No. 771,§ 1, eff. 8/1/2023.
Added by Act 2019, No. 821,§ 2, eff. 7/24/2019.
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 7 - PAROLE (§§ 16-93-701 — 16-93-715) › Section 16-93-701 - Authority to grant and parameters

(a)
(1)
The Post-Prison Transfer Board may release on parole any eligible inmate who is confined in any correctional institution administered by the Division of Correction or the Division of Community Correction, when in the board's opinion there is a reasonable probability that the inmate can be released without detriment to the community or himself or herself and is able and willing to fulfill the obligations of a law-abiding citizen.
(2)
All paroles shall issue upon order, duly adopted, of the board.
(b)
(1)
Before ordering the release of an eligible inmate, the inmate shall be interviewed by the board or a revocation hearing judge or investigator employed by the board, unless a hearing is not required under §
16-93-615(a)(1)(D)
and, for all parole decisions after January 1, 2012, the board shall consider the results of the risk-needs assessments of all parole applicants.
(2)
The parole shall be ordered only for the best interest of society and shall not be considered as a reduction of sentence or pardon.
(3)
An inmate while on parole shall remain in the legal custody of the agency from which he or she was released, but shall be subject to the orders of the board.
Amended by Act 2023, No. 659,§ 198, eff. 1/1/2024.
Amended by Act 2019, No. 910,§ 918, eff. 7/1/2019.
Amended by Act 2015, No. 609,§ 5, eff. 7/22/2015.
Acts 1968 (1st Ex. Sess.), No. 50, § 29; A.S.A. 1947, § 43-2808; Acts 1989, No. 937, § 6; 2011, No. 570, § 104.
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 7 - PAROLE (§§ 16-93-701 — 16-93-715) › Section 16-93-702 - Procedures - Required recommendations

(a)
Before the Post-Prison Transfer Board shall grant any parole, the board shall solicit the written or oral recommendations of the committing court, the prosecuting attorney, and the county sheriff of the county from which the inmate was committed.
(b)
If the person whose parole is being considered by the board was convicted of capital murder, §
5-10-101
, or of a Class Y felony, Class A felony, or Class B felony, or any violent or sexual offense, the board shall also notify the victim of the crime, or the victim's next of kin, of the parole hearing and shall solicit written or oral recommendations of the victim or the victim's next of kin regarding the granting of the parole, unless the prosecuting attorney has notified the board at the time of commitment of the prisoner that the victim or the victim's next of kin does not want to be notified of future parole hearings.
(c)
The board shall retain a copy of the recommendations in the board's file.
(d)
The recommendations shall not be binding upon the board in the granting of any parole but shall be maintained in a file that shall be open to the public during reasonable business hours.
(e)
When soliciting recommendations from a victim of a crime, the board shall notify the victim or the victim's next of kin of the date, time, and place of the parole hearing.
Amended by Act 2023, No. 659,§ 199, eff. 1/1/2024.
Acts 1969, No. 153, § 1; 1981, No. 530, § 1; 1983, No. 8, § 1; 1983, No. 246, § 1; 1985, No. 269, § 1; 1985, No. 917, § 1; A.S.A. 1947, § 43-2819; Acts 1997, No. 1262, § 17; 2011, No. 570, § 104.
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 7 - PAROLE (§§ 16-93-701 — 16-93-715) › Section 16-93-703 - Procedures - Place of hearings

(a)
The Post-Prison Transfer Board shall not schedule parole hearings at which victims or relatives of victims of crime are invited to appear at a facility wherein inmates are housed other than the Central Administration Building of the Division of Correction at Pine Bluff.
(b)
Nothing in this section shall be construed as prohibiting the board from conducting parole hearings in two (2) sessions, one (1) at the place of the inmate's incarceration for interviews with the inmate, the inmate's witnesses, and correctional personnel, and the second session for victims and relatives of victims as set out in subsection (a) of this section.
Amended by Act 2023, No. 659,§ 200, eff. 1/1/2024.
Amended by Act 2019, No. 910,§ 919, eff. 7/1/2019.
Acts 1983, No. 525, §§ 1, 2; A.S.A. 1947, §§ 43-2819.1, 43-2819.2; Acts 2011, No. 570, § 104.
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 7 - PAROLE (§§ 16-93-701 — 16-93-715) › Section 16-93-704 - Procedures - Notice to law enforcement personnel and committing court

(a)
At the time that any person is paroled by the Post-Prison Transfer Board, the board shall give written notice of the granting of the parole to the county sheriff, the committing court, and the chief of police of all cities of the first class of the county from which the person was sentenced.
(b)
If the person is paroled to a county other than that from which he or she was committed, the board shall give notice to the chief of police or marshal of the city to which he or she is paroled, to the chief of police of all cities of the first class, to the county sheriff of the county to which he or she is paroled, and to the county sheriff of the county from which the person was committed.
Amended by Act 2023, No. 659,§ 201, eff. 1/1/2024.
Acts 1969, No. 153, § 2; 1971, No. 33, § 1; A.S.A. 1947, § 43-2820; Acts 2011, No. 570, § 104.
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 7 - PAROLE (§§ 16-93-701 — 16-93-715) › Section 16-93-706 - Revocation - Subpoena of witnesses and documents

(a)
(1)
The Chair of the Post-Prison Transfer Board or his or her designee, the hearing officer presiding over any preliminary hearing with respect to an alleged parole violation, the administrator of the Post-Prison Transfer Board, or any member of the board pursuant to the authority of the board to meet and determine whether to revoke parole shall have the power to issue oaths and to subpoena witnesses to appear and testify and bring before the hearing officer or the board any relevant books, papers, records, or documents.
(2)
The subpoena shall be directed to any county sheriff, county coroner, or constable of any county where the designated witness resides or is found. The endorsed affidavit on the subpoena of any person of full age shall be proof of the service, which shall be served and returned in the same manner as subpoenas in civil actions in the circuit courts are served and returned.
(b)
The fees and mileage expenses as prescribed by law for witnesses in civil cases shall be paid by the Division of Correction.
(c)
(1)
In case of failure or refusal by any person to comply with a subpoena issued under this section to testify or answer to any matter regarding which the person may be lawfully interrogated, any circuit court in this state, on application of the hearing officer or the chair, shall, in term or vacation, issue an attachment for the person and compel him or her to comply with the subpoena and appear before the hearing officer or the board and to produce any testimony and documents as may be required.
(2)
The circuit court shall have the power to punish any contempt, in case of disobedience, as in civil cases, or it shall be a misdemeanor 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)
Any person willfully testifying falsely under oath before the board or at a preliminary hearing in which probable cause for parole revocation is to be considered as to any matter material to a lawful inquiry by the board or hearing officer may be charged with perjury and upon conviction punished accordingly.
Amended by Act 2023, No. 659,§ 206, eff. 1/1/2024.
Amended by Act 2019, No. 910,§ 924, eff. 7/1/2019.
Acts 1975, No. 735, §§ 1-4; A.S.A. 1947, §§ 43-2824 -- 43-2827; Acts 2011, No. 570, § 104.
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 7 - PAROLE (§§ 16-93-701 — 16-93-715) › Section 16-93-709 - Sex offender may not reside with minors

(a)
Whenever an inmate in a facility of the Division of Correction who has been found guilty of or has pleaded guilty or nolo contendere to any sexual offense defined in §
5-14-101
et seq., or incest as defined by §
5-26-202
, and the sexual offense or incest was perpetrated against a minor, becomes eligible for parole and makes application for release on parole, the Post-Prison Transfer Board shall prohibit, as a condition of granting the parole, the parolee from residing upon parole in a residence with any minor, unless the board makes a specific finding that the inmate poses no danger to the minors residing in the residence.
(b)
If the board, upon a hearing under §
16-93-705
, finds, by a preponderance of the evidence, that the parolee has failed to comply with this condition of parole, the parole may be revoked and the parolee returned to the custody of the division.
Amended by Act 2023, No. 659,§ 209, eff. 1/1/2024.
Amended by Act 2019, No. 910,§ 925, eff. 7/1/2019.
Acts 1997, No. 1188, § 2; 2011, No. 570, § 104.
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 7 - PAROLE (§§ 16-93-701 — 16-93-715) › Section 16-93-710 - Parole for inmates who have served their term of imprisonment in a county jail prior to being processed into the Division of Correction

(a)
(1)
Subject to conditions set by the Post-Prison Transfer Board, an offender convicted of a felony and sentenced to a term of imprisonment of two (2) years or less in the Division of Correction, and who has served his or her term of imprisonment in a county jail prior to being processed into the Division of Correction, may be paroled from the Division of Correction county jail backup facility directly to the Division of Community Correction under parole supervision, and upon eligibility determination, processed for release by the board.
(2)
Transfer release proceedings or a preliminary review under this subchapter shall begin no later than six (6) months prior to a person's transfer eligibility date, and the board shall authorize jacket review procedures at all institutions holding parole-eligible inmates to prepare parole applications to comply with this time frame.
(3)
The jacket review will be conducted by staff either from the Division of Community Correction or the Division of Correction.
(b)
An offender who has been found guilty of or pleaded guilty or nolo contendere to a violent offense as defined by §
5-4-501(c)(2)
or a Class Y felony offense shall be ineligible under this section.
(c)
As determined by the county sheriff, an offender who has committed violent or sexual acts while incarcerated in a county jail facility shall be ineligible to participate in the program established by this section.
Amended by Act 2023, No. 659,§ 210, eff. 1/1/2024.
Amended by Act 2019, No. 910,§ 926, eff. 7/1/2019.
Acts 2011, No. 570, § 104.
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 7 - PAROLE (§§ 16-93-701 — 16-93-715) › Section 16-93-711 - Parole alternatives - Electronic monitoring of parolees - Definition

(a)
As used in this section, "approved electronic monitoring or supervising device" means a device described in §
16-93-708(a)
.
(b)
(1)
(A)
Subject to the provisions of subdivision (b)(2) of this section, an inmate serving a sentence in the Division of Correction may be released from incarceration if the:
(i)
Sentence was not the result of a jury or bench verdict;
(ii)
Inmate has served one hundred twenty (120) days of his or her sentence;
(iii)
Inmate has an approved parole plan;
(iv)
Inmate does not have a prior felony conviction for a sex offense or for a felony offense that involved the use or threat of violence or bodily harm;
(v)
Inmate was sentenced from a cell in the sentencing guidelines with:
(a)
An incarceration range of thirty-six (36) months or less; or
(b)
A presumptive sentence of probation;
(vi)
Conviction is for a Class C or Class D felony;
(vii)
Conviction is not for a crime of violence, regardless of felony level;
(viii)
Conviction is not for a sex offense, including failure to register as a sex offender under §
12-12-906
, regardless of felony level;
(ix)
Conviction is not for manufacturing methamphetamine, §
5-64-423(a)
or the former §
5-64-401
;
(x)
Conviction is not for possession of drug paraphernalia with the purpose to manufacture methamphetamine, §
5-64-443
, if the conviction is a Class C felony or higher;
(xi)
Conviction is not for a crime involving the use or threat of violence or bodily harm;
(xii)
Conviction is not for a crime that resulted in a death; and
(xiii)
Inmate has not previously failed a drug court program.
(B)
The Director of the Division of Correction shall make the facts described in subdivision (b)(1)(A) of this section known to the Post-Prison Transfer Board for consideration of electronic monitoring.
(2)
The Board of Corrections shall promulgate rules that will establish policy and procedures for an electronic monitoring program.
(c)
(1)
An inmate released from incarceration on parole under this section shall be supervised by the Division of Community Correction using electronic monitoring until the inmate's transfer eligibility date or for at least ninety (90) days of full compliance by the inmate, whichever is sooner.
(2)
(A)
The term of electronic monitoring shall not exceed the maximum number of years of imprisonment or supervision to which the inmate could be sentenced.
(B)
The length of time the defendant participates in an electronic monitoring program and any good-time credit awarded shall be credited against the defendant's sentence.
Amended by Act 2023, No. 659,§ 211, eff. 1/1/2024.
Amended by Act 2015, No. 895,§ 28, eff. 4/1/2015.
Amended by Act 2013, No. 1335,§ 6, eff. 8/16/2013.
Acts 2011, No. 570, § 104.
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 7 - PAROLE (§§ 16-93-701 — 16-93-715) › Section 16-93-713 - Rulemaking authority

The Post-Prison Transfer Board may adopt rules to implement, administer, and enforce this subchapter.
Amended by Act 2023, No. 659,§ 219, eff. 1/1/2024.
Added by Act 2015, No. 609,§ 6, eff. 7/22/2015.
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 7 - PAROLE (§§ 16-93-701 — 16-93-715) › Section 16-93-714 - Denial of parole - Detriment to the community

The Post-Prison Transfer Board may deny parole to any otherwise eligible person, regardless of the sentence that he or she is serving, if five (5) members of the board determine that the person upon release would be a detriment to the community into which the person would be released.
Amended by Act 2023, No. 659,§ 220, eff. 1/1/2024.
Added by Act 2015, No. 895,§ 30, eff. 4/1/2015.
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 12 - COMMUNITY PUNISHMENT (§§ 16-93-1201 — 16-93-1210) › Section 16-93-1201 - Findings and determinations

(a)
The State of Arkansas hereby finds that the cost of incarcerating the ever-increasing numbers of offenders in traditional penitentiaries is skyrocketing, bringing added fiscal pressures on state government, and that some inmates can be effectively punished, with little risk to the public, in a more affordable manner through the use of community correction programs and nontraditional facilities.
(b)
As a result of the rising cost of traditional incarceration, the state finds that the purpose of corrections in Arkansas is twofold:
(1)
"Community correction", defined as both nontraditional correction centers and nonresidential community corrections, including supervision on probation, parole, and transfer, is charged with the provision of correction focused on promoting offender accountability and the supervision of offenders at appropriate levels to promote public safety; and
(2)
(A)
"Institutions", defined as traditional prison beds, are charged with the appropriate incapacitation of high risk offenders.
(B)
"Incapacitation" involves traditional aspects of incarceration coupled with highly supervised community correction when appropriate.
(C)
"High risk" is defined as those convicted of the most serious offenses, those who have longer criminal histories, and those who have repeatedly failed to comply with conditions imposed under less restrictive sanctions.
(c)
Furthermore, the state determines that services designed to address offender needs must be integrated into the framework of both institutions and community correction programs and must be balanced with supervision and correction such that the community is repaid for the offense, public safety is promoted through supervision, and the offender is assisted in becoming a law-abiding member of society.
Acts 1993, No. 531, § 1; 1993, No. 548, § 1; 2005, No. 1994, § 287.
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 12 - COMMUNITY PUNISHMENT (§§ 16-93-1201 — 16-93-1210) › Section 16-93-1203 - Board of Corrections - Powers and duties

The Board of Corrections shall have the following duties and responsibilities with regard to community correction programming:
(1)
Establish community correction programs to which eligible offenders may be assigned as a condition of probation, sentenced to by the trial court pursuant to this subchapter, paroled to upon release from incarceration, or transferred to after incarceration in the Division of Correction;
(2)
Notify the trial courts of the state having criminal jurisdiction of the availability of certified and approved community correction programs;
(3)
Establish standards for the monitoring, auditing, and certification of community correction programs;
(4)
Establish rules relating to the operation of community correction programs and the supervision of eligible offenders participating therein;
(5)
Promote cooperation among the courts and various law enforcement and correctional agencies of this state in the implementation of community correction programs;
(6)
Direct the departments, divisions, and other entities involved in the implementation of community correction options in a manner that will promote the safety and welfare of the people of this state;
(7)
Establish rules and procedures which shall be required or deemed appropriate for the implementation and ongoing operation of community correction; and
(8)
Establish minimum standards of eligibility and certification processes for all community correction programs eligible to receive offenders under this subchapter.
Amended by Act 2019, No. 315,§ 1313, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1312, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 941, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 940, eff. 7/1/2019.
Acts 1993, No. 531, § 4; 1993, No. 548, § 4; 2005, No. 1994, § 287.
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 12 - COMMUNITY PUNISHMENT (§§ 16-93-1201 — 16-93-1210) › Section 16-93-1204 - Authorization

(a)
The Board of Corrections shall implement a correctional plan, to be developed in conjunction with the Arkansas Sentencing Commission, which ensures the efficient use of prison beds, which are becoming scarce resources, through the development and expansion of community correction options which will provide supervision, correction, and services to a primary target group of nonviolent offenders who would otherwise have been eligible for and likely to be sentenced to traditional incarceration.
(b)
The community correction target group shall consist of those offenders:
(1)
Who are involved in less serious criminal activity or are nonviolent by nature and crime, or both, even though the offender and the offense may be repetitive;
(2)
Who are technical violators of community supervision; and
(3)
Who are returning to the community from incarceration who are in need of enhanced supervision options due to the nature of their criminal conviction.
Acts 1993, No. 531, §§ 1, 2; 1993, No. 548, §§ 1, 2; 2005, No. 1994, § 287.
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 12 - COMMUNITY PUNISHMENT (§§ 16-93-1201 — 16-93-1210) › Section 16-93-1205 - Operation and supervision of community correction programs

(a)
The Board of Corrections shall promulgate policies and rules relating to the operation of community correction facilities and programs, the supervision of eligible offenders participating therein, and the termination of that participation, including but not limited to:
(1)
The terms, conditions, and qualifications of program eligibility;
(2)
The time to be spent in specific correction and treatment programs designated as community correction;
(3)
Receipt of compensation in the form of fees or other available sources from the eligible offender while participating in a community correction program;
(4)
Allocation of compensation received by an eligible offender while participating in a community correction program, including designation to the Division of Community Correction of a percentage of any compensation received for the purpose of defraying the costs to the division of establishing and operating community correction programs and the costs of the offender's custody and care;
(5)
Receipt of compensation from public entities who benefit from the labor of offenders involved in community correction work programs; and
(6)
Collection of economic sanctions imposed by the court, including, but not limited to, restitution, fines, fees, or other monetary penalties attached to an offender's sentence.
(b)
The division shall supervise all eligible offenders participating in any community correction program with the goal of promoting the safety and welfare of the people of the state.
Amended by Act 2019, No. 315,§ 1314, eff. 7/24/2019.
Acts 1993, No. 531, § 5; 1993, No. 548, § 5; 2005, No. 1994, § 287.
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 12 - COMMUNITY PUNISHMENT (§§ 16-93-1201 — 16-93-1210) › Section 16-93-1208 - Post commitment transfer

(a)
(1)
(A)
Upon commitment of an eligible offender to the Division of Correction, the Division of Correction will transfer the eligible offender to a community correction program, when he or she reaches his or her transfer date, in accordance with the rules promulgated by the Board of Corrections and conditions set by the Post-Prison Transfer Board.
(B)
Legal custody of inmates transferred to the Division of Community Correction shall remain with the Division of Correction unless altered by court order.
(2)
A person eligible for release from incarceration on parole or post-release supervision may be placed in community correction programming while under parole supervision or post-release supervision upon the recommendation of the condition by the releasing authority.
(b)
(1)
The Board of Corrections and the Division of Correction are authorized to release medical and psychological data in their possession to a community correction service provider concerning an eligible offender transferred to that community correction program.
(2)
The community correction service provider shall use any medical or psychological data received from the Division of Correction and the Board of Corrections in compliance with rules concerning the use of that data as adopted by the Board of Corrections.
Amended by Act 2023, No. 659,§ 226, eff. 1/1/2024.
Amended by Act 2023, No. 659,§ 225, eff. 1/1/2024.
Amended by Act 2019, No. 315,§ 1315, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 944, eff. 7/1/2019.
Acts 1993, No. 531, § 8; 1993, No. 548, § 8; 1995, No. 1170, § 2; 2005, No. 186, § 2; 2005, No. 1994, § 288.
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 12 - COMMUNITY PUNISHMENT (§§ 16-93-1201 — 16-93-1210) › Section 16-93-1209 - Liability

The Division of Correction, the Board of Corrections, the Division of Community Correction, the Post-Prison Transfer Board, and all governmental agencies and units utilizing eligible offenders in community correction programs as defined in this subchapter are immune from liability and suit for damages, and no tort action shall lie against the Division of Correction, the Board of Corrections, the Division of Community Correction, the Post-Prison Transfer Board, and any governmental agency or unit or any of their employees because of any acts of eligible offenders utilized under the provisions of this subchapter.
Amended by Act 2023, No. 659,§ 227, eff. 1/1/2024.
Amended by Act 2019, No. 910,§ 945, eff. 7/1/2019.
Acts 1993, No. 531, § 9; 1993, No. 548, § 9; 2005, No. 1994, § 288.
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 12 - COMMUNITY PUNISHMENT (§§ 16-93-1201 — 16-93-1210) › Section 16-93-1210 - Sentence optional

Nothing in this subchapter shall grant any offender the right to be sentenced or transferred under this subchapter as a matter of right.
Acts 1993, No. 531, § 10; 1993, No. 548, § 10.
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 14 - NOTIFICATION OF OFFENDERS' ACQUIRED IMMUNE DEFICIENCY SYNDROME STATUS (§§ 16-93-1401 — 16-93-1402) › Section 16-93-1401 - Definitions

As used in this subchapter:
(1)
"Correctional institution" means any state or privately operated prison, community correctional facility, county jail, city jail, or any other state, local, or privately operated detention facility; and
(2)
"Community supervision officer" means a parole, post-release supervision, or probation officer of the Division of Community Correction.
Amended by Act 2023, No. 659,§ 228, eff. 1/1/2024.
Acts 1997, No. 282, § 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 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 14 - NOTIFICATION OF OFFENDERS' ACQUIRED IMMUNE DEFICIENCY SYNDROME STATUS (§§ 16-93-1401 — 16-93-1402) › Section 16-93-1402 - Notice to community supervision officer

(a)
The purpose of this subchapter is to provide community supervision officers with information so they can make informed programming decisions and direct offenders to autoimmune deficiency syndrome-related resources, including appropriate financial, housing, legal, medical, and counseling services.
(b)
Upon the release of an offender from a correctional institution, a medical representative of the correctional institution shall notify the offender's community supervision officer when the offender has tested positive for infection with human immunodeficiency virus (HIV), or has been diagnosed as having acquired immunodeficiency syndrome (AIDS) or acquired immunodeficiency syndrome (AIDS)-related conditions.
(c)
Information obtained by a community supervision officer pursuant to this subchapter shall be confidential and shall not be disclosed except as specifically authorized by this subchapter.
Amended by Act 2023, No. 659,§ 231, eff. 1/1/2024.
Amended by Act 2023, No. 659,§ 230, eff. 1/1/2024.
Amended by Act 2023, No. 659,§ 229, eff. 1/1/2024.
Acts 1997, No. 282, § 2.
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 16 - TRANSITIONAL HOUSING FACILITIES (§§ 16-93-1601 — 16-93-1605) › Section 16-93-1601 - Legislative intent

It is the intent of the General Assembly to:
(1)
Establish rules for facilities that house offenders who have been transferred, paroled, or placed on probation through the Arkansas criminal justice system in order to promote, protect, and improve the health, safety, and welfare of the citizens of the State of Arkansas; and
(2)
Establish these rules in order to help reduce recidivism in our criminal justice system and to provide rules to protect the individuals in the programs and to protect the neighborhoods and communities in which the programs and facilities are located.
Amended by Act 2019, No. 315,§ 1316, eff. 7/24/2019.
Acts 2005, No. 1378, § 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 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 16 - TRANSITIONAL HOUSING FACILITIES (§§ 16-93-1601 — 16-93-1605) › Section 16-93-1602 - Definitions

As used in this subchapter:
(1)
"Applicant" means any individual, business, or organization that has applied to receive an Arkansas transitional housing facility license;
(2)
"License" means an Arkansas transitional housing facility license; and
(3)
(A)
"Transitional housing" means a program that provides housing for one (1) or more offenders who either have been transferred or paroled from the Division of Correction by the Post-Prison Transfer Board or placed on probation by a circuit court or district court.
(B)
An offender's home or the residence of an offender's family member shall not be considered a transitional housing facility as used in this subchapter.
Amended by Act 2023, No. 659,§ 232, eff. 1/1/2024.
Amended by Act 2019, No. 910,§ 946, eff. 7/1/2019.
Acts 2005, No. 1378, § 2.
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 16 - TRANSITIONAL HOUSING FACILITIES (§§ 16-93-1601 — 16-93-1605) › Section 16-93-1603 - Powers and duties of the Board of Corrections

(a)
The Board of Corrections shall promulgate rules or develop administrative directives that set minimum standards for all transitional housing facilities in the State of Arkansas.
(b)
(1)
The Post-Prison Transfer Board, a district court, or a circuit court shall not release a transferee, parolee, or probationer to a transitional housing facility as a resident unless the transitional housing facility provides a copy of a current license issued by the Division of Community Correction under §
16-93-1604
.
(2)
The transitional housing facility shall comply with all the standards set by the rules or administrative directives established by the Board of Corrections under subsection (a) of this section.
(c)
The rules and administrative directives described in subsection (a) of this section shall include at least the following:
(1)
Compliance with any local health and safety codes, including housing codes, fire codes, plumbing codes, and electrical codes, set by the jurisdiction or jurisdictions in which the transitional housing facility is located;
(2)
Compliance with any local zoning ordinances;
(3)
Compliance with any state and federal health and safety codes;
(4)
Consideration of geographic dispersement of transitional housing facilities;
(5)
Allowable ratio of transitional housing facility square footage to residents; and
(6)
Allowable ratio of bathing facilities and restroom facilities to residents.
(d)
Each transitional housing facility shall be licensed by its type.
(e)
As used in this section, "transitional housing facility" includes a reentry, self-governed, or other type of post-incarceration housing as approved by the Board of Corrections and licensed by the division.
Amended by Act 2023, No. 659,§ 233, eff. 1/1/2024.
Amended by Act 2019, No. 159,§ 1, eff. 7/24/2019.
Acts 2005, No. 1378, § 2; 2009, No. 615, § 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 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 16 - TRANSITIONAL HOUSING FACILITIES (§§ 16-93-1601 — 16-93-1605) › Section 16-93-1604 - Powers and duties of the Division of Community Correction

(a)
The Division of Community Correction shall implement the rules or administrative directives described in §
16-93-1603
.
(b)
(1)
The division shall be responsible for the enforcement of the rules and administrative directives established by the Board of Corrections under §
16-93-1603
.
(2)
The division shall establish all procedures and forms that it deems necessary to implement the rules or administrative directives, and the procedures shall include, but not be limited to, the following:
(A)
Creating state-issued Arkansas transitional housing facility licenses by type for applicant facilities that have met the standards established by the rules and administrative directives of the board;
(B)
Establishing the process to be followed by an applicant in making application to the division to receive a license to operate an approved transitional housing facility, which shall include a reasonable application fee to be established by the board;
(C)
Establishing procedures for the division to accept applications for facilities wishing to obtain a license to operate a transitional housing facility and to investigate whether applicants meet the standards established by the rules and administrative directives of the board;
(D)
(i)
Establishing procedures for the division to notify an applicant when its application has been approved or denied.
(ii)
All denials shall specify in writing the reason for the application's denial;
(E)
Establishing procedures to investigate complaints that a licensed transitional housing facility is in violation of the standards established by the rules and administrative directives of the board;
(F)
Establishing procedures for the division to suspend or revoke a license when a license holder is no longer in compliance with or violates the rules and administrative directives of the board; and
(G)
Establishing procedures for the division to impose civil penalties for the operation of a transitional housing facility without a valid license issued by the division.
(c)
The Director of the Division of Community Correction and the staff of the division shall provide administrative support to the board.
Amended by Act 2019, No. 159,§ 2, eff. 7/24/2019.
Acts 2005, No. 1378, § 2; 2009, No. 615, § 2.
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 16 - TRANSITIONAL HOUSING FACILITIES (§§ 16-93-1601 — 16-93-1605) › Section 16-93-1605 - License required

(a)
In order to operate a transitional housing facility for criminal offenders who have been transferred, paroled, or placed on probation through the Arkansas criminal justice system, the operator shall obtain a license by facility type from the Division of Community Correction.
(b)
(1)
Operation of a transitional housing facility without a license issued by the division shall result in the imposition of civil penalties against the operator by the division.
(2)
Civil penalties for operation of a transitional housing facility without a valid license shall not exceed five hundred dollars ($500) per day for each day the violation continues.
(3)
However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation.
(c)
A criminal offender who has been transferred, paroled, or placed on probation through the Arkansas criminal justice system shall not be sent via court order to a transitional housing facility that is not properly licensed by the division.
Amended by Act 2019, No. 159,§ 3, eff. 7/24/2019.
Acts 2009, No. 615, § 3.
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 16-93-1701 - Establishment

The Administrative Office of the Courts shall:
(1)
Create the Swift and Certain Accountability on Probation Pilot Program, awarding up to five (5) grants in the program's first year to counties or judicial districts requesting funds to establish probation programs to be administered by the Department of Community Correction designed to reduce recidivism by requiring swift, certain, and graduated sanctions for probationers in noncompliance;
(2)
Possess the discretion to determine the appropriate number of grants based on the amount of money allocated for the program and the capacity of the applicants based on submitted proposals to successfully implement and evaluate the program;
(3)
Ensure that grants awarded under this subchapter are awarded in a manner that promotes the strongest proposals and evaluation designs that have the broadest impact and that are evenly geographically distributed; and
(4)
Employ a person who shall have as one-half (½) of his or her designated job duties the management of the program established under this subchapter.
Acts 2011, No. 570, § 110.