Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 2 - MOTOR VEHICLE REGISTRATION AND LICENSING (§§ 27-13-101 — 27-25-113) › Chapter 16 - DRIVER'S LICENSES GENERALLY (§§ 27-16-101 — 27-16-1309) › Subchapter 8 - ISSUANCE OF LICENSES AND PERMITS (§§ 27-16-801 — 27-16-817) › Section 27-16-816 - Restricted permits for persons on probation, parole, or post-release supervision

(a)
(1)
If a person is on probation, parole, or post-release supervision, or is within ninety (90) days of release on probation, parole, or post-release supervision, for an offense that did not involve the operation of a motor vehicle, the person may be eligible for a restricted driving permit under this section that permits the holder to drive a motor vehicle directly to and directly home from:
(A)
A place where he or she is employed;
(B)
A place where he or she, or his or her minor child, attends school;
(C)
A scheduled meeting with his or her community supervision officer; or
(D)
Any place, location, or meeting that the person's community supervision officer has directed the person on probation or parole to travel to or attend.
(2)
This section does not apply to a person with an expired driver's license or a person who has failed to comply with license reinstatement requirements under §
5-65-115(a)
and §
5-65-121
.
(3)
A person is required to be qualified to operate a motor vehicle under the laws of this state in order to be eligible to apply for a restricted driving permit under this section.
(4)
The Department of Corrections shall provide access to the programs required under §
5-65-115(a)
and §
5-65-121
to inmates.
(b)
(1)
(A)
The application for a restricted driving permit under this section by a person on probation, parole, or post-release supervision may be submitted electronically to the Department of Finance and Administration by a community supervision officer employed by the Division of Community Correction.
(B)
The Department of Finance and Administration shall determine whether the restricted driving permit that allows a person on probation, parole, or post-release supervision to drive a motor vehicle to and from a place listed under subsection (a) of this section shall be issued.
(2)
(A)
A restricted driving permit issued under this section shall be a standardized permit, and the person possessing a restricted driving permit under this section shall have the restricted driving permit in his or her possession at all times when the person is operating a motor vehicle until the person's driver's license is no longer suspended.
(B)
(i)
A restricted driving permit shall include the address of the person's residence and the address of each location to and from where the person is permitted to drive under this section.
(ii)
The person's name and address on a restricted driving permit under this section shall match the person's name and address as listed on a valid state-issued identification in the person's possession.
(3)
[Repealed.]
(c)
A person who knowingly creates a fraudulent restricted driving permit, the purpose of which is to be used as a restricted driving permit under this section upon conviction is guilty of a Class A misdemeanor.
(d)
A motor vehicle liability insurance carrier may provide liability insurance for a person issued a restricted driving permit under this section but is not required to issue an insurance policy for a person who has been issued a restricted driving permit under this section.
(e)
(1)
A person on probation, parole, or post-release supervision who has been issued a restricted driving permit under this section shall continue to have his or her driver's license suspended until the person has satisfied all the requirements necessary to remove his or her driver's license from suspension.
(2)
Once the person on probation, parole, or post-release supervision has his or her driver's license removed from suspension, he or she shall be free from the restrictions placed on him or her under this section.
(f)
(1)
A restricted driving permit issued under this section is valid for one (1) year from the date the restricted driving permit was issued and may be renewed annually upon the submission of an application by a community supervision officer as required by subdivision (b)(1) of this section.
(2)
The Department of Finance and Administration may revoke a restricted driving permit issued under this section at the request of a community supervision officer employed by the division.
(g)
The division and the Department of Finance and Administration may promulgate rules to implement this section.
Amended by Act 2023, No. 659,§ 249, eff. 1/1/2024.
Amended by Act 2023, No. 396,§ 3, eff. 8/1/2023.
Amended by Act 2023, No. 396,§ 2, eff. 8/1/2023.
Amended by Act 2023, No. 396,§ 1, eff. 8/1/2023.
Amended by Act 2019, No. 69,§ 2, eff. 7/24/2019.
Added by Act 2017, No. 1012,§ 2, eff. 8/1/2017.