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 1 - GENERAL PROVISIONS (§§ 16-93-101 — 16-93-111) › Section 16-93-103 - Authority of officers to make arrests and carry firearms

(a)
A probation officer appointed by a circuit court or district court, excluding a juvenile probation officer, and a community supervision officer employed by the Division of Community Correction who is a currently certified law enforcement officer may execute, serve, and return all lawful warrants of arrest issued by the State of Arkansas or any political subdivision of the state and are otherwise authorized to make lawful arrests as is any law enforcement officer of the State of Arkansas.
(b)
A community supervision officer either employed by the division or another entity authorized to employ a community supervision officer may carry a:
(1)
Firearm during all hours in which he or she is actively engaged in the obligations and duties of the office to which he or she is appointed or employed, pursuant to selection and training requirements under §§
12-9-104
,
12-9-106
, and
12-9-107
; and
(2)
Nonstate-issued firearm during all hours in which he or she is not actively pursuing the obligations and duties of the office to which he or she is appointed.
(c)
A community supervision officer employed by the division may also carry:
(1)
A nonstate-issued firearm as a secondary weapon while actively engaged in the duties of the office to which he or she is appointed or employed; and
(2)
A state-issued firearm during all hours in which he or she is not actively engaged in the duties of the office to which he or she is appointed or employed, except that a community supervision officer may not carry a firearm issued by the division while the community supervision officer is actively working at employment other than for the division.
Amended by Act 2023, No. 659,§ 150, eff. 1/1/2024.
Amended by Act 2017, No. 239,§ 1, eff. 8/1/2017.
Acts 1983, No. 617, § 1; A.S.A. 1947, § 43-2332.1; Acts 1997, No. 283, § 1; 1999, No. 1456, § 1; 2003, No. 1185, § 218; 2005, No. 1994, § 324.
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 1 - GENERAL PROVISIONS (§§ 16-93-101 — 16-93-111) › Section 16-93-106 - Warrantless search by any law enforcement officer of probationer, parolee, or person on post-release supervision

(a)
(1)
A person who is placed on supervised probation or is released on parole or post-release supervision under this chapter is required to agree to a waiver as a condition of his or her supervised probation, parole, or post-release supervision that allows any certified law enforcement officer or Division of Community Correction officer to conduct a warrantless search of his or her person, place of residence, motor vehicle, or other real or personal property, including without limitation a cellular or electronic device under his or her control or possession, at any time, day or night, whenever requested by the certified law enforcement officer or division officer.
(2)
A warrantless search that is based on a waiver required by this section shall be conducted in a reasonable manner but does not need to be based on an articulable suspicion that the person is committing or has committed a criminal offense.
(b)
(1)
A person who will be placed on supervised probation, parole, or post-release supervision and is required to agree to the waiver required by this section shall acknowledge and sign the waiver.
(2)
If the person fails to acknowledge and sign the waiver required by this section, he or she is ineligible to be placed on supervised probation, parole, or post-release supervision.
(c)
As used in this section, "residence" includes a garage or outbuilding on the property of a residence.
Amended by Act 2023, No. 659,§ 154, eff. 1/1/2024.
Amended by Act 2023, No. 659,§ 153, eff. 1/1/2024.
Amended by Act 2019, No. 136,§ 1, eff. 7/24/2019.
Added by Act 2015, No. 895,§ 19, 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 1 - GENERAL PROVISIONS (§§ 16-93-101 — 16-93-111) › Section 16-93-108 - Mental health and substance abuse treatment

A parolee or probationer who is enrolled in a Medicaid program shall be referred to mental health or substance abuse treatment, or both, when the referral is included as part of a court order, supervision plan, or treatment plan.
Added by Act 2015, No. 895,§ 21, 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 1 - GENERAL PROVISIONS (§§ 16-93-101 — 16-93-111) › Section 16-93-109 - Medicaid reimbursement for essential healthcare services

Unless otherwise prohibited by law, the Department of Human Services shall cooperate with the Division of Correction and the Division of Community Correction to establish protocols for utilizing Medicaid to reimburse the Division of Correction, Division of Community Correction, Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, Division of Youth Services of the Department of Human Services, a healthcare provider, or a third party for essential healthcare services, including mental health and substance abuse treatment.
Amended by Act 2019, No. 910,§ 889, eff. 7/1/2019.
Amended by Act 2017, No. 913,§ 43, eff. 8/1/2017.
Added by Act 2015, No. 895,§ 21, 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 1 - GENERAL PROVISIONS (§§ 16-93-101 — 16-93-111) › Section 16-93-110 - Contracting with Medicaid provider

The Department of Correction and the Department of Community Correction each may contract with a provider in order to facilitate the enrollment of an inmate, a probationer, or a parolee in Medicaid.
Added by Act 2015, No. 895,§ 21, 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 1 - GENERAL PROVISIONS (§§ 16-93-101 — 16-93-111) › Section 16-93-111 - Parole, probation, or post-release supervision prohibitions for sex offenses

A person required to register as a sex offender under the Sex Offender Registration Act of 1997, §
12-12-901
et seq., who is under felony probation or released on parole or post-release supervision shall have as a term and condition of his or her probation, parole, or post-release supervision a prohibition against recording a person under fourteen (14) years of age under §
5-14-137
if he or she is assessed as a Level 3 or Level 4 offender.
Amended by Act 2023, No. 659,§ 158, eff. 1/1/2024.
Added by Act 2019, No. 621,§ 4, 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 2 - PAROLE BOARD (§§ 16-93-201 — 16-93-214) › Section 16-93-203 - Cooperation from prison officials

It shall be the duty of any correctional official to:
(1)
Grant access at all reasonable times to any prisoner over whom the Post-Prison Transfer Board has jurisdiction under this chapter to the members of the board or its properly accredited representatives;
(2)
Provide the board and its representatives facilities for communicating with and observing the person; and
(3)
Furnish the board with:
(A)
The reports the board requires concerning the conduct and character of any prisoner in his or her custody; and
(B)
Any facts the board deems pertinent in determining whether:
(i)
The prisoner shall be transferred and under what conditions the prisoner shall be transferred; or
(ii)
The prisoner shall be paroled.
Amended by Act 2023, No. 659,§ 166, eff. 1/1/2024.
Acts 1968 (1st Ex. Sess.), No. 50, § 30; A.S.A. 1947, § 43-2809; Acts 1993, No. 530, § 4; 1993, No. 547, § 4.
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 2 - PAROLE BOARD (§§ 16-93-201 — 16-93-214) › Section 16-93-205 - Parole, post-release supervision, or transfer of Arkansas inmates in out-of-state prisons

(a)
The Post-Prison Transfer Board may request the appropriate board or commission having jurisdiction over parole, post-release supervision, or transfer matters in other states or the United States Parole Commission to make recommendations concerning whether Arkansas inmates confined in prison systems of the other states or in federal prisons should be granted parole, post-release supervision, or transfer when eligible under Arkansas law.
(b)
The Post-Prison Transfer Board may take action at its option on the application of an inmate for parole, post-release supervision, or transfer, using as its criteria the recommendations received from the appropriate board or commission of the other states or the United States Parole Commission in lieu of the personal appearance before the Post-Prison Transfer Board of the inmate seeking parole, post-release supervision, or transfer.
Amended by Act 2023, No. 659,§ 168, eff. 1/1/2024.
Acts 1983, No. 700, § 1; A.S.A. 1947, § 43-2809.1; Acts 1993, No. 530, § 6; 1993, No. 547, § 6.
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 2 - PAROLE BOARD (§§ 16-93-201 — 16-93-214) › Section 16-93-206 - Parole, post-release supervision, or transfer revocation review - Jurisdiction

(a)
The Post-Prison Transfer Board shall serve as the revocation review board for any person subject to either parole, post-release supervision, or transfer from prison.
(b)
Revocation proceedings for either parole, post-release supervision, or transfer shall follow all legal requirements applicable to parole, post-release supervision, or transfer and shall be subject to any additional policies and rules set by the board.
Amended by Act 2023, No. 659,§ 169, eff. 1/1/2024.
Amended by Act 2019, No. 315,§ 1308, eff. 7/24/2019.
Acts 1993, No. 530, § 2; 1993, No. 547, § 2; 1994 (1st Ex. Sess.), No. 8, § 1; 1994 (1st Ex. Sess.), No. 9, § 1; 1999, No. 1035, § 1; 2003, No. 1390, § 9; 2007, No. 600, § 1; 2007, No. 866, § 1; 2011, No. 570, § 87.
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 2 - PAROLE BOARD (§§ 16-93-201 — 16-93-214) › Section 16-93-208 - Services and equipment

The Division of Correction and the Division of Community Correction may provide services, furnishings, equipment, and office space to assist the Post-Prison Transfer Board in fulfilling the purposes for which the board was created by law.
Amended by Act 2023, No. 659,§ 173, eff. 1/1/2024.
Amended by Act 2019, No. 910,§ 891, eff. 7/1/2019.
Acts 1995, No. 195, § 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 2 - PAROLE BOARD (§§ 16-93-201 — 16-93-214) › Section 16-93-209 - [Repealed]

Repealed by Act 2013, No. 320,§ 3, eff. 8/16/2013.
Acts 1999, No. 1253, § 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 2 - PAROLE BOARD (§§ 16-93-201 — 16-93-214) › Section 16-93-210 - Monthly performance report on parole and post-release supervision applications and outcome - Reports concerning administrative directives filed with Legislative Council

(a)
(1)
The Post-Prison Transfer Board shall submit a monthly report to the chairs of the House Committee on Judiciary and the Senate Committee on Judiciary, the Legislative Council, the Board of Corrections, and the Governor, showing the number of persons who make application for parole or post-release supervision and those who are granted or denied parole or post-release supervision during the previous month for each criminal offense classification.
(2)
The report shall include a breakdown by race of all persons sentenced in each criminal offense classification.
(3)
The report shall include the reason for each denial of parole or post-release supervision, the results of the risk-needs assessment, and the course of action that accompanies each denial pursuant to §
16-93-615(a)(2)(B)(ii)
.
(b)
The Post-Prison Transfer Board shall cooperate with and upon request make presentations and provide various reports, to the extent the Post-Prison Transfer Board's budget will allow, to the Legislative Council concerning Post-Prison Transfer Board policy and criteria on discretionary offender programs and services.
(c)
The Post-Prison Transfer Board shall file a report with the Legislative Council on a quarterly basis containing all new and revised administrative directives issued in the previous quarter by:
(1)
The Post-Prison Transfer Board;
(2)
The Chair of the Post-Prison Transfer Board; and
(3)
Staff of the Post-Prison Transfer Board.
Amended by Act 2023, No. 659,§ 174, eff. 1/1/2024.
Amended by Act 2015, No. 1258,§ 15, eff. 7/22/2015.
Amended by Act 2015, No. 1152,§ 15, eff. 7/22/2015.
Acts 2003, No. 1031, § 6; 2005, No. 1994, § 277; 2011, No. 570, § 88.
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 2 - PAROLE BOARD (§§ 16-93-201 — 16-93-214) › Section 16-93-211 - Early release to transitional housing facilities - Definition

(a)
(1)
As used in this section, "transitional housing" means a program that provides housing for one (1) or more offenders who have been:
(A)
Paroled or transferred to post-release supervision from the Division of Correction by the Post-Prison Transfer Board;
(B)
Placed on probation by a circuit court or district court; or
(C)
Administratively transferred from the Division of Correction to the Division of Community Correction for participation in a reentry program.
(2)
An offender's home or the residence of an offender's family member shall not be considered a transitional housing facility for purposes of this section.
(b)
(1)
To assist an offender who will be eligible for parole, post-release supervision, or transfer to successfully reintegrate into the community, the board is authorized to place the offender into approved transitional housing up to one (1) year prior to the offender's date of eligibility for parole or transfer.
(2)
Subject to conditions of release and consistent with rules promulgated by the board, placement in a transitional housing facility must be preceded by:
(A)
The provision of all applicable notices under §
16-93-615
; and
(B)
A hearing conducted by the board.
(c)
The decision to place an offender in transitional housing and the establishment of conditions of release by the board must be based on a reasoned, rational plan developed in conjunction with an accepted risk-needs assessment tool such that each placement decision is based on:
(1)
Established criteria; and
(2)
A determination that there is a reasonable probability that an offender can be placed in a transitional housing facility without detriment to:
(A)
The community; or
(B)
The offender.
(d)
Conditions of release imposed by the board must at a minimum include a curfew requiring an offender placed in transitional housing to present himself or herself at a scheduled time to be confined in the transitional housing facility.
(e)
An offender placed in transitional housing by the board will be supervised by officers of the Division of Community Correction.
(f)
An offender who without permission leaves the custody of the transitional housing facility in which he or she is placed may be subject to criminal prosecution for first degree escape, §
5-54-110
, second degree escape, §
5-54-111
, and third degree escape, §
5-54-112
.
(g)
Revocation of placement in transitional housing must follow the revocation proceedings established in §
16-93-705
.
Amended by Act 2023, No. 659,§ 176, eff. 1/1/2024.
Amended by Act 2023, No. 659,§ 175, eff. 1/1/2024.
Amended by Act 2019, No. 910,§ 894, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 893, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 892, eff. 7/1/2019.
Amended by Act 2015, No. 146,§ 2, eff. 7/22/2015.
Acts 2005, No. 679, § 1; 2011, No. 570, § 89.
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 2 - PAROLE BOARD (§§ 16-93-201 — 16-93-214) › Section 16-93-212 - Rulemaking authority

The Post-Prison Transfer Board may adopt rules to implement, administer, and enforce this subchapter.
Amended by Act 2023, No. 659,§ 177, eff. 1/1/2024.
Added by Act 2015, No. 609,§ 1, 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 2 - PAROLE BOARD (§§ 16-93-201 — 16-93-214) › Section 16-93-213 - Records to be posted on website

(a)
To the extent permitted by federal law, the Post-Prison Transfer Board shall post on the board's website the following information concerning an inmate who is being considered for parole or post-release supervision no less than six (6) months before his or her transfer-eligibility or parole-eligibility date or post-release supervision eligibility date, or the date the board determines eligibility for parole or transfer or post-release supervision if the inmate is past his or her transfer-eligibility or parole-eligibility date or post-release supervision eligibility date:
(1)
The name of the inmate;
(2)
The Division of Correction identification number of the inmate;
(3)
A current photograph of the inmate;
(4)
The projected hearing date of the inmate;
(5)
The number of times, if any, probation, parole, or post-release supervision has been revoked from the inmate; and
(6)
A link to information required to be posted about the inmate by the division under §
12-27-145
.
(b)
The information required to be posted on the board's website:
(1)
Shall be consistently updated as required to be the most current information available to the board;
(2)
Shall instruct a victim of a crime as defined by §
16-90-1101
or §
16-90-1114
on how to contact the board and provide information on the inmate; and
(3)
May be removed when the inmate has been either granted or denied parole or post-release supervision.
Amended by Act 2023, No. 659,§ 180, eff. 1/1/2024.
Amended by Act 2023, No. 659,§ 179, eff. 1/1/2024.
Amended by Act 2023, No. 659,§ 178, eff. 1/1/2024.
Amended by Act 2019, No. 910,§ 896, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 895, eff. 7/1/2019.
Added by Act 2015, No. 1265,§ 11, eff. 4/8/2015.
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 2 - PAROLE BOARD (§§ 16-93-201 — 16-93-214) › Section 16-93-214 - Mobile application concerning inmates and parolees - Safe Arkansas App - Definition

(a)
As used in this section, "mobile application" means a computer software program designed to run on a smartphone, computer tablet, or other mobile device.
(b)
(1)
To the extent permitted by federal law, the Parole Board shall administer a mobile application that shall provide the information set out in subsection (c) of this section concerning:
(A)
An inmate who is being considered for parole; or
(B)
A parolee who is on parole.
(2)
The mobile application required under subdivision (b)(1) of this section shall be known as the "Safe Arkansas App".
(3)
To facilitate the administration of the mobile application required under subdivision (b)(1) of this section, the board may seek the assistance of the Division of Information Systems of the Department of Transformation and Shared Services or enter into a contract for technical database and data processing services.
(c)
(1)
The mobile application required under subdivision (b)(1) of this section shall provide the following information concerning an inmate who is being considered for parole:
(A)
The name of the inmate;
(B)
The Division of Correction identification number of the inmate;
(C)
A current photograph of the inmate;
(D)
The date the inmate is eligible for parole;
(E)
The offense, sentence, date of sentencing, and sentence length for any conviction for which the inmate is incarcerated; and
(F)
Any other relevant public information about the inmate the board deems necessary.
(2)
The mobile application required under subdivision (b)(1) of this section shall provide the following information concerning a parolee who is released on parole:
(A)
The name of the parolee;
(B)
The Division of Correction identification number of the parolee;
(C)
A current photograph of the parolee;
(D)
The offense, sentence, date of sentencing, and sentence length for any conviction for which the parolee was incarcerated;
(E)
The date the parolee was released on parole;
(F)
The time served by the parolee before parole was granted;
(G)
The approximate percentage of the sentence served by the inmate or parolee;
(H)
If a parolee is charged with a subsequent charge after being released on parole:
(i)
Any subsequent charge against the parolee;
(ii)
The date of the subsequent charge against the parolee; and
(iii)
Relevant details of any subsequent charge against the parolee; and
(I)
Any other relevant public information about the parolee the board deems necessary.
(d)
The information required to be posted on the board's mobile application under subsection (c) of this section:
(1)
Shall be consistently updated as required to be the most current information available to the board; and
(2)
May be removed when parole has been completed, if an inmate was released on parole.
Added by Act 2023, No. 889,§ 1, eff. 8/1/2023.
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 3 - PROBATION AND SUSPENDED IMPOSITION OF SENTENCE (§§ 16-93-301 — 16-93-314) › Section 16-93-301 - Definitions

As used in this subchapter, "sealing" means the procedure and effect as defined in the Comprehensive Criminal Record Sealing Act of 2013, §
16-90-1401
et seq.
Amended by Act 2013, No. 1460,§ 10, eff. 1/1/2014.
Acts 1975, No. 346, § 1; A.S.A. 1947, § 43-1231; Acts 1995, No. 998, § 8; 2011, No. 570, § 90.
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 3 - PROBATION AND SUSPENDED IMPOSITION OF SENTENCE (§§ 16-93-301 — 16-93-314) › Section 16-93-302 - Probation - First time offenders - Penalties

(a)
(1)
A person may not avail himself or herself of the provisions of this section and §§
16-93-301
and
16-93-303
on more than one (1) occasion.
(2)
Any person seeking to avail himself or herself of the benefits of this section and §§
16-93-301
and
16-93-303
who falsely testifies, swears, or affirms to the court that he or she has not previously availed himself or herself of the benefits of this section and §§
16-93-301
and
16-93-303
is guilty of a Class D felony.
(b)
(1)
Any person charged under this section and §§
16-93-301
and
16-93-303
with keeping the confidential records of first offenders, as provided in §
16-93-301
, who divulges any information contained in the records to any person or agency other than a law enforcement officer or judicial officer is guilty of a violation and upon conviction is subject to a fine of not more than five hundred dollars ($500).
(2)
Each violation shall be considered a separate offense.
Acts 1975, No. 346, §§ 4, 5; A.S.A. 1947, §§ 43-1234, 43-1235; Acts 2005, No. 1994, § 432; 2011, No. 570, § 90.
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 3 - PROBATION AND SUSPENDED IMPOSITION OF SENTENCE (§§ 16-93-301 — 16-93-314) › Section 16-93-304 - Probation - First-time offenders - Arkansas Crime Information Center

(a)
All district court judges and circuit court judges shall immediately report to the Arkansas Crime Information Center, in the form prescribed by the center, all probations of criminal defendants under §§
16-93-301
-
16-93-303
.
(b)
Prior to granting probation to a criminal defendant under §§
16-93-301
-
16-93-303
, the court shall query the center to determine whether the criminal defendant has previously been granted probation under the provisions of §§
16-93-301
-
16-93-303
.
(c)
If the center determines that an individual has utilized §§
16-93-301
-
16-93-303
more than one (1) time, the center shall notify the last sentencing judge of that fact.
(d)
During the probationary period under this subchapter, the center shall report the case as pending and shall not record it as guilty until the circuit court or district court enters an adjudication of guilt.
Amended by Act 2013, No. 1460,§ 12, eff. 1/1/2014.
Acts 1981, No. 581, § 1; A.S.A. 1947, § 43-1236; Acts 2005, No. 1994, § 278; 2011, No. 570, § 90.
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 3 - PROBATION AND SUSPENDED IMPOSITION OF SENTENCE (§§ 16-93-301 — 16-93-314) › Section 16-93-305 - Probation - Sex offender may not reside with minor victim

(a)
If a person enters a plea of guilty or nolo contendere to or is found guilty of a sexual offense under §
5-14-101
et seq., except for a misdemeanor violation of sexual indecency with a child, §
5-14-110
, or incest, §
5-26-202
, perpetrated against a minor and is otherwise eligible for probation, the person is prohibited as a condition of his or her probation from residing in a residence with any minor unless the court makes a specific finding that the person poses no danger to a minor residing in the residence.
(b)
Upon violation of this condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided by law.
Amended by Act 2023, No. 619,§ 19, eff. 8/1/2023.
Amended by Act 2021, No. 499,§ 1, eff. 7/28/2021.
Acts 1997, No. 1188, § 1; 2011, No. 570, § 90.
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 3 - PROBATION AND SUSPENDED IMPOSITION OF SENTENCE (§§ 16-93-301 — 16-93-314) › Section 16-93-310 - Probation generally - Revocation - Community correction program

(a)
When a person sentenced under a community correction program, §
5-4-312
, violates any terms or conditions of his or her sentence or term of probation, revocation of the sentence or term of probation shall be consistent with the procedures under this subchapter.
(b)
Upon revocation, the court of jurisdiction shall determine whether the offender shall remain under the jurisdiction of the court and be assigned to a more restrictive community correction program, facility, or institution for a period of time or committed to the Division of Community Correction.
(c)
(1)
If committed to the Division of Correction, the court shall specify if the commitment is for judicial transfer of the offender to the Division of Community Correction or is a regular commitment.
(2)
(A)
The court shall commit the eligible offender to the custody of the Division of Correction under this subchapter for judicial or administrative transfer to the Division of Community Correction subject to the following:
(i)
That the sentence imposed provides that the offender shall serve no more than three (3) years of confinement, with credit for meritorious good time or earned release credits, with initial placement in a Division of Community Correction facility; and
(ii)
That the initial placement in the Division of Community Correction is conditioned upon the offender's continuing eligibility for Division of Community Correction placement and the offender's compliance with all applicable rules established by the Board of Corrections for community correction programs.
(B)
Post-prison supervision shall accompany and follow community correction programming when appropriate.
Amended by Act 2023, No. 659,§ 183, eff. 1/1/2024.
Amended by Act 2021, No. 55,§ 4, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 907, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 906, eff. 7/1/2019.
Amended by Act 2017, No. 423,§ 20, eff. 10/1/2017.
Acts 2011, No. 570, § 90.
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 3 - PROBATION AND SUSPENDED IMPOSITION OF SENTENCE (§§ 16-93-301 — 16-93-314) › Section 16-93-311 - Probation generally - Restitution

If the court has suspended imposition of sentence or placed a defendant on probation conditioned upon the defendant's making restitution and the defendant has not satisfactorily made all of his or her payments when the probation period has ended, the court may:
(1)
Continue to assert the court's jurisdiction over the recalcitrant defendant; and
(2)
Either:
(A)
Extend the probation period as the court deems necessary; or
(B)
Revoke the defendant's suspended sentence.
Acts 2011, No. 570, § 90.
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 3 - PROBATION AND SUSPENDED IMPOSITION OF SENTENCE (§§ 16-93-301 — 16-93-314) › Section 16-93-312 - Probation generally - Modification

(a)
During a period of suspension or probation, upon the petition of a probation officer or a defendant or upon the court's own motion, a court may:
(1)
Modify a condition imposed on the defendant;
(2)
Impose an additional condition authorized by §
5-4-303
;
(3)
Impose an additional fine authorized by §§
5-4-201
and
5-4-303
; or
(4)
Impose a period of confinement authorized by §
5-4-304
.
(b)
Nothing in this section shall limit the Department of Community Correction from authorizing sanctions within the intermediate sanctions grid when warranted by the defendant's conduct.
Acts 2011, No. 570, § 90.
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 3 - PROBATION AND SUSPENDED IMPOSITION OF SENTENCE (§§ 16-93-301 — 16-93-314) › Section 16-93-313 - Probation generally - Transfer of jurisdiction

(a)
If a defendant during a period of probation goes from a county where he or she is being supervised to another county, jurisdiction over the defendant may be transferred in the discretion of the supervising court to a court of comparable jurisdiction in the other county if the court in the other county concurs.
(b)
If jurisdiction over a defendant is transferred under subsection (a) of this section, the court in the county to which jurisdiction is transferred has any power with respect to the defendant previously possessed by the transferring court.
(c)
The procedure under this section may be repeated if a defendant goes from the county where he or she is being supervised to another county during the period of his or her probation.
Acts 2011, No. 570, § 90.
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 3 - PROBATION AND SUSPENDED IMPOSITION OF SENTENCE (§§ 16-93-301 — 16-93-314) › Section 16-93-314 - Probation generally - Discharge

(a)
(1)
The court may discharge the defendant from probation at any time.
(2)
If a judgment of conviction was not entered by the court at the time of suspension or probation and the defendant fully complies with the conditions of suspension or probation for the period of suspension or probation, the court shall discharge the defendant and dismiss any proceedings against him or her.
(b)
(1)
Subject to the provisions of §§
5-4-501
-
5-4-504
, a person against whom proceedings are discharged or dismissed under subsection (a) of this section may seek to have the criminal record sealed, consistent with the procedures established in the Comprehensive Criminal Record Sealing Act of 2013, §
16-90-1401
et seq.
(2)
This subsection does not apply if:
(A)
The person applying for discharge has been convicted of a sexual offense as defined by §
5-14-101
et seq., unless the offense was a misdemeanor violation of sexual indecency with a child, §
5-14-110
; and
(B)
The victim was under eighteen (18) years of age.
Amended by Act 2023, No. 619,§ 20, eff. 8/1/2023.
Amended by Act 2013, No. 1460,§ 13, eff. 1/1/2014.
Acts 2011, No. 570, § 90.
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 16-93-601 - Felonies committed prior to April 1, 1977

(a)
Death Sentence.
An individual under sentence of death is not eligible for release on parole or post-release supervision.
(b)
Life Imprisonment.
(1)
An individual sentenced to life imprisonment prior to March 1, 1968, and any individual sentenced to life imprisonment after February 12, 1969, and before April 1, 1977, is not eligible for release on parole unless the sentence is commuted to a term of years by executive clemency. When the life sentence is commuted to a term of years, the individual is eligible for release on parole after having served one-third (1/3) of the time to which the life sentence is commuted, with credit for good-time allowances.
(2)
An individual sentenced to life imprisonment on and after March 1, 1968, and prior to February 12, 1969, is eligible for release on parole after he or she serves fifteen (15) years of the sentence, with credit for good-time allowances not to exceed five (5) years.
(c)
Sentence of Years.
An individual sentenced to a term of years in the Department of Correction or the Division of Correction after February 11, 1976, and before April 1, 1977, is eligible for release on parole after he or she serves the following terms:
(1)
An individual sentenced to a term of years for other than a Class Y felony who is confined in the department or division for the second time is eligible for release on parole after he or she serves one-third (1/3) of the time for which sentenced, with credit for good-time allowances, or one-third (1/3) of the time to which sentence is commuted by executive clemency, with credit for good-time allowances. However, a judge may require one-half (½) of the sentence as imposed, or one-half (½) of the sentence as commuted by executive clemency, to be served, with credit for good-time allowances; and
(2)
An individual sentenced to a term of years who is confined in the department or division and who pleads guilty to or is convicted of a Class Y felony or who has previously been confined in the department or division two (2) or more times is eligible for release on parole after he or she serves one-half (½) of the time to which the sentence is commuted by executive clemency, with credit for good-time allowances.
(d)
Notwithstanding the provisions of subsections (a)-(c) of this section, the court may require anyone convicted of a crime involving the use of a deadly weapon to serve one-half (½) of the time for which sentenced, with credit for good-time allowances.
Amended by Act 2023, No. 659,§ 184, eff. 1/1/2024.
Amended by Act 2019, No. 910,§ 908, eff. 7/1/2019.
Acts 1968 (1st Ex. Sess.), No. 50, § 28; 1969, No. 48, § 1; 1969, No. 94, § 1; 1975, No. 378, § 6; 1975 (Extended Sess., 1976), No. 1157, § 1; 1975 (Extended Sess., 1976), No. 1161, § 1; 1981, No. 620, § 15; A.S.A. 1947, § 43-2807; reen. Acts 1987, No. 990, § 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 6 - PAROLE - ELIGIBILITY (§§ 16-93-601 — 16-93-622) › Section 16-93-602 - Felonies committed between April 1, 1977, and April 1, 1983 - Purpose and construction of sections

(a)
It is the purpose and intent of this section and §§
16-93-603
and
16-93-604
to establish parole eligibility for a person convicted of a felony committed on or after April 1, 1977, and prior to April 1, 1983.
(b)
Nothing in this section and §§
16-93-603
and
16-93-604
is to be construed to repeal the parole eligibility laws in effect on the date criminal offenses were committed prior to April 1, 1977.
Acts 1977, No. 93, § 3; A.S.A. 1947, § 43-2830.
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 16-93-603 - Felonies committed between April 1, 1977, and April 1, 1983 - Classification of inmates

For the purposes of §§
16-93-602
-
16-93-604
, inmates are to be classified as follows:
(1)
A first offender is an inmate convicted of one (1) or more felonies but who has not been incarcerated in some correctional institution in the United States, whether local, state, or federal, for a crime which was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified;
(2)
A second offender is a inmate convicted of two (2) or more felonies who has been incarcerated one (1) time in some correctional institution in the United States, whether local, state, or federal, for a crime which was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified;
(3)
A third offender is an inmate convicted of three (3) or more felonies who has been incarcerated two (2) times in some correctional institution in the United States, whether local, state, or federal, for a crime which was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified; and
(4)
A fourth offender is an inmate convicted of four (4) or more felonies who has been incarcerated three (3) or more times in some correctional institution in the United States, whether local, state, or federal, for a crime which was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified.
Acts 1977, No. 93, § 1; A.S.A. 1947, § 43-2828.
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 16-93-606 - Parole eligibility - Felonies committed on or after April 1, 1983, but before January 1, 1994 - Classification of inmates - Definition

(a)
As used in this section, "felony" means a crime classified as Class Y felony, Class A felony, or Class B felony by the laws of this state.
(b)
For the purposes of §
16-93-607
, inmates shall be classified as follows:
(1)
A first offender is an inmate convicted of one (1) or more felonies but who has not been incarcerated in some correctional institution in the United States, whether local, state, or federal, for a crime that was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified;
(2)
A second offender is an inmate convicted of two (2) or more felonies and who has been once incarcerated in some correctional institution in the United States, whether local, state, or federal, for a crime that was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified;
(3)
A third offender is an inmate convicted of three (3) or more felonies and who has been twice incarcerated in some correctional institution in the United States, whether local, state, or federal, for a crime that was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified; and
(4)
A fourth offender is an inmate convicted of four (4) or more felonies and who has been incarcerated in some correctional institution in the United States, whether local, state, or federal, three (3) or more times for a crime that was a felony under the laws of the jurisdiction in which the offender was incarcerated, prior to being sentenced to a correctional institution in this state for the offense or offenses for which he or she is being classified.
Acts 1983, No. 825, §§ 1, 2; A.S.A. 1947, §§ 43-2830.1, 43-2830.2; Acts 2011, No. 570, § 93.
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 16-93-608 - Parole eligibility - Class C or Class D felonies committed on or after April 1, 1983, but before January 1, 1994

A person who commits a Class C felony or Class D felony on or after April 1, 1983, and who is incarcerated therefor is eligible for release on parole after having served one-third (1/3) of his or her sentence, with credit for good-time allowances, or one-third (1/3) of the time to which his or her sentence is commuted by executive clemency, with credit for good-time allowances.
Acts 1983, No. 825, § 4; A.S.A. 1947, § 43-2830.4; Acts 2011, No. 570, § 95.
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 16-93-609 - Effect of more than one conviction for certain felonies - Definition

(a)
Any person who commits murder in the first degree, §
5-10-102
, rape, §
5-14-103
, or aggravated robbery, §
5-12-103
, subsequent to March 24, 1983, and who has previously been found guilty of or pleaded guilty or nolo contendere to murder in the first degree, §
5-10-102
, rape, §
5-14-103
, or aggravated robbery, §
5-12-103
, shall not be eligible for release on parole by the Post-Prison Transfer Board.
(b)
(1)
Any person who commits a violent felony offense or any felony sex offense subsequent to August 13, 2001, but before January 1, 2025, and who has previously been found guilty of or pleaded guilty or nolo contendere to any violent felony offense or any felony sex offense shall not be eligible for release on parole by the board.
(2)
(A)
As used in this subsection, "a violent felony offense or any felony sex offense" means those offenses listed in §
5-4-501(d)(2)
.
(B)
Unless the sentencing order expressly designates that the defendant was sentenced under this section, "a violent felony offense or any felony sex offense" does not include residential burglary, §
5-39-201
, committed before April 1, 2015, unless the defendant was sentenced on or after May 24, 2022.
(c)
A person who commits the offense of possession of firearms by certain persons, §
5-73-103
, in which the offense is under §
5-73-103(c)(1)
, after April 27, 2021, is not eligible for parole.
(d)
(1)
Any person who commits a parole-ineligible felony on or after January 1, 2024, but before January 1, 2025, is not eligible for release on parole.
(2)
As used in this subsection, "parole-ineligible felony" means the same as a felony ineligible to receive earned release credits as defined in §
16-93-1802
.
Amended by Act 2023, No. 659,§ 185, eff. 1/1/2024.
Amended by Act 2023, No. 683,§ 2, eff. 8/1/2023.
Amended by Act 2021, No. 946,§ 1, eff. 4/27/2021.
Acts 1983, No. 772, § 1; A.S.A. 1947, § 43-2807.1; Acts 2001, No. 1805, § 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 6 - PAROLE - ELIGIBILITY (§§ 16-93-601 — 16-93-622) › Section 16-93-610 - Computation of sentence

(a)
Time served is deemed to begin on the day sentence is imposed, not on the day a prisoner is received by the Division of Correction. It shall continue only during the time in which a prisoner is actually confined in a county jail or other local place of lawful confinement or while under the custody and supervision of the division.
(b)
When the sentencing judge imposes sentence, he or she is to direct that the time already served by the defendant in jail or other place of detention is to be credited against the defendant.
Amended by Act 2021, No. 475,§ 21, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 911, eff. 7/1/2019.
Acts 1968 (1st Ex. Sess.), No. 50, § 34; A.S.A. 1947, § 43-2813; Acts 2005, No. 1994, § 440.