Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 93 - PROBATION AND PAROLE (§§ 16-93-101 — 16-93-1911) › Subchapter 18 - RELEASE ELIGIBILITY AND PROCEDURES FOR OFFENSES COMMITTED ON OR AFTER JANUARY 1, 2025 (§§ 16-93-1801 — 16-93-1812) › Section 16-93-1804 - Release eligibility for felonies committed on or after January 1, 2025

Except as provided in §
16-93-1803
, a person who commits a felony on or after January 1, 2025, and who is convicted and incarcerated for that felony is eligible for release as follows:
(1)
A person who commits an offense meeting the definition of target group as defined under §
16-93-1202
and who is judicially or administratively transferred to a community correction center is eligible for transfer to post-release supervision as follows:
(A)
If the person is transferred back to the Division of Correction for disciplinary reasons, he or she is ineligible to accrue earned release credits against the sentence for which he or she is transferred to the Division of Correction for disciplinary reasons;
(B)
If the person is transferred back to the Division of Correction for administrative reasons, he or she may be considered for transfer to post-release supervision as otherwise authorized in §
16-93-1803
and this section;
(C)
If the person is not transferred back to the Division of Correction for administrative or disciplinary reasons, he or she is eligible for release under §
12-27-127(c)
; and
(D)
A person who has committed a felony that is within the target group as defined under §
16-93-1202
and who is transferred to community supervision is eligible, under the rules established by the Post-Prison Transfer Board, for commitment to a community correction facility if he or she is found to be in violation of any of his or her conditions of post-release supervision, unless the post-release supervision violation constitutes a non-target felony offense;
(2)
For a person sentenced to death, life imprisonment without parole, or life imprisonment:
(A)
If the sentence is death or life imprisonment without parole, the person is not eligible for transfer to post-release supervision unless his or her sentence is pardoned or commuted to a term of years by the Governor as provided by law;
(B)
If the sentence is life imprisonment, the person is not eligible for transfer to post-release supervision unless his or her sentence is commuted to a term of years by executive clemency;
(C)
Upon commutation, a person under sentence of death or life imprisonment without parole must serve the entire term set by the commutation; and
(D)
Upon commutation, a person under a sentence of life imprisonment is eligible for transfer to post-release supervision as provided in this section or in §
16-93-1803
;
(3)
A person sentenced for a felony who was a minor at the time he or she committed the felony is eligible for release on the earlier of either the date authorized by this section or the date authorized by §
16-93-621
; and
(4)
(A)
Every other person who is incarcerated for commission of a felony is eligible for transfer to post-release supervision when the sum of his or her actual time served in confinement and his or her earned release credits equals or exceeds one hundred percent (100%) of the term of imprisonment imposed by the sentencing court.
(B)
The maximum amount of earned release credits that can be accrued and granted by the Post-Prison Transfer Board under subdivision (4)(A) of this section is fifty percent (50%) or seventy-five percent (75%) of the term of imprisonment imposed by the sentencing court, depending on the seriousness determination provided in the sentencing grid or table promulgated by the Arkansas Sentencing Commission and approved by the Legislative Council.
Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.