Arkansas Administrative Code › Agency 158 - Arkansas Parole Board › Rule 158.00.10-001 - Policy Manual

Current through Register Vol. 49, No. 6, June, 2024
BOARD MEMBERSHIP AND RESPONSIBILITIES
The Arkansas Board of Parole (Board) is composed of seven full
			 time members appointed by the Governor and confirmed by the Senate. Each member
			 is appointed for a term of seven years, except that the terms shall be
			 staggered by the Governor so that the term of one member expires each year. If
			 a vacancy should occur on the Board prior to the expiration of a term, the
			 Governor shall fill the vacancy for the remainder of the unexpired term,
			 subject to confirmation by the Senate at its next regular session. The Governor
			 may remove a Board member for good cause as prescribed by law. If the Senate is
			 not in session, confirmation of the removal will be by written petition of a
			 majority of the senators. For those persons eligible for parole, the Board has
			 statutory authority to determine what persons will be placed on parole and to
			 set the time and conditions of the parole. The Board will conduct open meetings
			 and make public its findings for each eligible candidate for parole. However,
			 inmate interviews may be closed to the public.
The Board is also responsible for reviewing all pardon and
			 commutation applications and making non-biding recommendations to the
			 Governor.
Board staff, to include hearing examiners, is responsible for
			 carrying out the Board's mission and complying with applicable law and Board
			 policies.
Board members must not seek or hold public office which would
			 represent a conflict of interest while on the Board.
The America Correctional Association (ACA) recommends that the
			 composition of a releasing authority meets the following standards:
1. The racial makeup should be representative
		  of the diversity of the significant population under the jurisdiction of the
		  Board.
2. At least
		  2/3rd of Board members should have at least 3 years
		  experience in a criminal justice or juvenile justice, or equivalent experience
		  in a relevant profession.
3. At
		  least 2/3rd of Board members should have at least a
		  baccalaureate degree or have completed a career development program that
		  includes work related experience, training, or college credits providing a
		  level of achievement equivalent to a bachelor's degree.
If the composition of the Arkansas Board of Parole does not meet
			 these standards, the Chairperson will bring this to the Governor's attention
			 during the selection process for a new Board member. Arkansas Code Ann. §
								16-93-201
			 gives the Governor the sole power to appoint members to the Parole Board from
			 the state at large. There is no statutory provision for the composition of the
			 Arkansas Board of Parole.
The Governor shall appoint the Chairperson of the Board. The
			 Board shall elect, during the month of February, a Vice Chairperson and a
			 Secretary to serve as officers for the upcoming year. Officers shall be elected
			 by a majority of members present and voting. If an office becomes vacant in the
			 interim, the Board shall elect, at its next regular meeting, a member to serve
			 in that office until the next election. A special election of officers may be
			 called at any time at the request of a majority of the members.
Quorum and General Voting Information
A quorum of four members is required to vote on each parole
			 release case. All parole cases reviewed by a single member shall be reviewed by
			 the full Board for agreement prior to a final decision. Such review shall
			 consist of the single member advising the full Board of the following:
1. The inmate's name
2. The inmate's ADC number
3. The inmate's disciplinary class
4. County and year of conviction(s)
5. The inmate's PE/TE and Discharge
		  dates
6. The reason for the
		  member's recommendation(s)
Board practice is to have 7 members vote on executive clemency
			 death sentence cases and a minimum of four votes on other clemency
			 requests.
A member who recuses themselves is not eligible to vote and shall
			 not be counted in determining whether there is a quorum. It is sufficient that
			 a motion, decision, or proposition receives a majority of the votes actually
			 cast. Each Board member has the right to vote on each consideration
			 presented.
Note: All votes and reviews shall take place on a weekly basis in
			 the Boardroom at a time to be determined by the full Board. No single member
			 may make a request for release to the ADC or DCC without Full Board approval in
			 accordance with rules set forth above.
Recusal
No member of the Board or hearing examiner should participate in
			 the determination of any matter before them:
1. if they are closely related to the person,
		  the person's attorney, or the victim
2. if they have had a personal or business
		  relationship with the person, the person's family, the person's attorney, the
		  victim, or the victim's family which would affect or reasonably give the
		  appearance of affecting judgment in the matter
3. if they have served as counsel for either
		  party in legal proceedings concerning the person
4. if they have any other interest in the
		  proceeding that would affect or reasonably give the appearance of affecting
		  their judgment in the matter.
The responsibility for determining the appropriateness of recusal
			 under the guidelines established by this policy shall be solely upon that
			 member or hearing examiner.
In establishing these guidelines for recusal, it is not the
			 intent of the Board to create a right or basis to challenge the actions of this
			 Board, any member of the Board or hearing examiner, which is not otherwise
			 provided by the laws or Constitution of this State or the United States. In the
			 event a Board member or hearing examiner abstains or recuses from a vote for
			 parole, transfer, pardon or commutation, this action is final and cannot be
			 changed.
CONSIDERATION OF INMATES ELIGIBLE FOR PAROLE
General Information
"Parole" is the release of an inmate into the community prior to
			 the expiration of the sentence, subject to conditions imposed by the Board and
			 to supervision. Supervision is accomplished on behalf of the Board by
			 Parole/Probation Officers, also referred to as 'supervision officers," who work
			 for the Arkansas Department of Community Correction (DCC).
Depending on the date of the offense, some inmates are "transfer
			 eligible," some are "parole eligible," and some inmates are not eligible for
			 parole, but may be considered for release under clemency laws.
The DCC Institutional Release Services staff will prepare case
			 records for use by Board members in conducting case reviews and hearings, as
			 required by Arkansas Code Annotated §
								16-93-203.
			 Board staff will manage these case records to ensure timely
			 review/hearings.
Inmates with Transfer Eligible (TE) Dates
Arkansas Code Annotated §
							16-93-206
			 and § 16-93-1302 allow for transfer of inmates who have committed certain
			 crimes on or after January 1, 1994, under the provisions of a transfer date, to
			 be transferred to parole status by the Arkansas Department of Correction (ADC)
			 subject to rules and regulations promulgated by the Board of Corrections and
			 conditions set by the Board of Parole. The electronic Offender Management
			 Information System (eOMIS) assigns a transfer eligibility (TE) date to inmates
			 who are in this "transfer eligible" category (other inmates who are eligible
			 for parole are assigned a "parole eligibility (PE)" date).
When the Board considers inmates with a TE date the Board will
			 have only two options:
1. Transfer the
		  inmate to the Department of Community Correction with specified conditions such
		  as supervision level, programming requirements, and facility placement when
		  appropriate. Conditions must be within the current resources of the Department
		  of Community Correction; or
2.
		  Based on the established criteria, deny transfer until the inmate completes a
		  course of action established by the Board that would rectify the Board's
		  concerns. After the completion of the required course of action (which must be
		  within the current resources of the Department of Correction), and final review
		  of the inmate's file to ensure successful completion, the Board will be
		  required to transfer the inmate to the Department of Community Correction in
		  accordance with administrative policy and subject to conditions attached to the
		  transfer.
This review may be conducted without a hearing when the inmate
			 has not received a major disciplinary report which resulted in the loss of good
			 time, there has not been a request by victim to have input on transfer
			 conditions, and there is no indication in the risk/needs assessment review that
			 special conditions need to be placed on the inmate. A hearing should also be
			 held if an inmate objects to special conditions set by the Board or the Board
			 reverses a previous decision to release the inmate. For cases which only
			 require a review, a Board member may choose to hold a hearing if considered
			 appropriate.
The Institutional Release Officers (IRO) use eOMIS information
			 and procedural guidance to determine whether the Board can screen an inmate's
			 records and release the inmate without a hearing, or whether a hearing is
			 required. The IRO advises the Board of the options in this regard. Inmates who
			 are assigned to Varner SuperMax or in administrative segregation should be
			 reviewed to determine class and level of Varner SuperMax program completion.
			 These inmates may be reviewed by a single member, but shall then be forwarded
			 to the full Board for hearing and final determination. Final determination is
			 subject to review by the Board Chairperson.
Should an inmate fail to complete the required course of action,
			 it will be the responsibility of the inmate to request a rehearing before the
			 Board. There will not be an automatic review in such cases. Unless otherwise
			 determined by the majority of the Board, an inmate incarcerated at the Varner
			 Super Max Unit who has failed to attain Level 5 will not be granted a rehearing
			 by the Board unless and until such level has been attained.
Discretionary Transfer (Exceptions to Transfer Eligible
			 (TE) Dates)
Inmates who, on or after January 1, 1994, commit any Homicide,
			 Sexual Assault in the First Degree, Sexual Assault in the Second Degree,
			 Battery in the First Degree, Domestic Battery in the First Degree, Kidnapping,
			 Rape, Aggravated Robbery, Causing a Catastrophe, Engaging in a Continuing
			 Criminal Enterprise, and Simultaneous Possession of Drugs and Firearms shall be
			 considered for discretionary transfer to the Department of Community
			 Correction. Discretionary authority means the Board can deny parole with or
			 without recommending a course of action to the inmate and if a course of action
			 is recommended and completed, the Board is not required to release the inmate
			 to community supervision.
The above inmates may be reviewed by a single member but shall
			 then be forwarded to the full Board for hearing and a final determination
			 subject to review by the Board chairperson.
The Board of Parole will have the authority to transfer such an
			 inmate at a time when, based on a combination of its opinion and appropriate
			 assessment by a risk needs assessment tool, there is reasonable probability
			 that the inmate can be released without detriment to the community or the
			 inmate.
After the Board of Parole has fully considered and denied the
			 transfer of an offender sentenced for committing a discretionary offense, the
			 Board of Parole may delay any reconsideration of the transfer for a maximum
			 period of two (2) years.
Note: The same standard of review previously listed shall apply
			 to inmates whose crimes were committed prior to January 1, 1994 (Parole
			 Eligible) but who were convicted of the crimes listed in paragraph one (1) of
			 this section.
Inmates with Parole Eligible (PE) Dates
For inmates with a PE date the Board has discretionary transfer
			 authority. A Board "discretionary transfer" hearing will be conducted for all
			 inmates with a parole eligible (PE) date, unless the inmate waives the hearing
			 in writing. Board members use the release decision criteria as a basis for
			 deciding whether to approve transfer.
Foreign Nationals
Parole consideration must be the same for foreign nationals.
			 Their status or inability to return to their home country must not affect a
			 parole decision. Foreign Nationals may be paroled to their home country when
			 informal arrangements can be made for the transfer and when the inmate
			 consents.
Time Computation
Within 90 days of incarceration, the Arkansas Department of
			 Correction (ADC) will provide inmates who have a TE or PE date with a time card
			 that will provide at a minimum the following information:
(1) sentence length,
(2) offense,
(3) minimum required time to be served before
		  transfer/parole eligibility,
(4)
		  jail time credit,
(5) class status,
		  and
(6) release dates.
Notification of Officials and Victims
The Board will use Form 153 (Attachment 1: Law Enforcement
			 Response) to solicit the written or oral recommendations of the sentencing
			 court, the prosecuting attorney, and the sheriff of the county from which the
			 inmate was committed. If the person whose parole is being considered by the
			 Board was convicted of capital murder, of a Class Y, Class A, 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 his next of kin
			 regarding the granting of the parole. If the prosecuting attorney has notified
			 the Board at the time of commitment of the prisoner that the victim or their
			 next of kin does not want to be notified of future parole hearings, no
			 notifications will be made. When soliciting recommendations from a victim the
			 Board must notify the victim or his/her next of kin, of the date, time, and
			 place of the parole hearing.
Victim(s) of the crime (or the victim(s)' next-of-kin) who wish
			 to participate in the victim input process have two responsibilities:
(1) to notify the Board or its
		  designee of their intention to provide input, and
(2) to provide to the Board or its designee a
		  correct mailing address.
Supporting documentation of the victim(s)' (or the victim(s)'
			 next-of-kin) claims will be accepted by the Board. In cases involving the
			 transfer of an inmate, the victim(s) or victim(s)' next-of-kin may request and
			 be granted a hearing to provide input concerning the inmate's release
			 conditions only.
All release hearings will be conducted by a member or members of
			 the Board. However, in situations where there are staffing shortages or high
			 workload, the Chairperson may choose to designate Hearing Examiners to conduct
			 release hearings on an interim basis.
At the time that a person is paroled or transferred by the Board,
			 the Department of Community Correction shall give written notice of the
			 granting of the release or transfer to the Sheriff, the Judge, and the Chief(s)
			 of Police of all cities of the first class of the county from which the person
			 was sentenced. If a victim or victim's next-of-kin has requested notification,
			 notice will also be provided by the Parole/Probation Officer.
If a person is released to a county other than that from which
			 he/she was committed, the Department of Community Correction, or its designee,
			 shall give notice to the Chief of Police or Marshall of all cities to which
			 he/she is released, and the Sheriff of the county to which he/she is
			 released.
A record shall be kept of the actions of the Board and the
			 Institutional Release Services staff shall notify each institution of decisions
			 relating to persons who are or have been confined therein. The Board will
			 retain a copy of recommendations received and such recommendations will be open
			 to the public during reasonable business hours. (Ark. Code Ann. §
									16-93-702
			 ) The Board will accept or hear input only as it relates to the inmate's
			 release conditions.
Release Hearing Preparation and Guidelines
The Board requires that inmates receive written notice of parole
			 or transfer hearings at least fourteen days prior to the hearing. Inmates are
			 notified by the Institutional Release Officer (IRO) located at their unit
			 through a personal interview. The five objectives of the interview are:
(1) to notify the inmate whose
		  hearing is being scheduled to meet the Board,
(2) to obtain the inmates signature
		  acknowledging either the "Notice of Hearing" form, a waiver of the hearing, or
		  a deferral of consideration. The original of the form is to be given to the
		  inmate and the pink copy filed in the inmate's State file. A new form is
		  required each time an inmate is scheduled for a hearing,
(3) to obtain detailed information regarding
		  the inmates' release plans if parole is granted
(4) to provide the inmate with copies of Form
		  153 statements from sheriffs, judges, and prosecuting attorneys, if any,
		  and
(5) to answer any question the
		  inmate may have regarding parole.
Approximately fourteen days before the hearing the Institutional
			 Release Services staff will prepare, update and verify a parole file for each
			 inmate being considered for parole or executive clemency. If there is any
			 question as to the accuracy of the information gathered, the staff should
			 verify the accuracy. If the accuracy cannot be verified, the information will
			 be annotated to state this fact. The parole file will contain a voting
			 worksheet for the Board members, a synopsis of the inmate's state file, Field
			 Report submitted by the Parole/Probation Officer, required legal notices, Risk
			 Assessment Indicator Sheet, victim notification information if required, Form
			 153 responses from sheriffs, judges, and prosecuting attorneys, support and
			 protest correspondence, if any, and prior Boot Camp or parole violation
			 warrants, reports, transcripts, and parole plan. The file is delivered to the
			 Board about one week before interviews at the unit for Board members to review
			 prior to the hearing and to refer to the file during the hearing if
			 necessary.
The Institutional Release Services staff will give the inmate
			 copies of Form 153 responses from sheriffs, judges, and prosecuting attorneys
			 so that the inmate will have information on which the parole decision will be
			 made. If an inmate has requested a victim statement, the request will be
			 forwarded to the DCC Public Relations Office for processing. State law
			 prohibits staff from releasing State criminal justice records to inmates. The
			 Institutional Release Services staff should advise the inmate that additional
			 confidential information may be considered by the Board such as witness
			 statements and the Board will consider the inmate's work, education, and
			 disciplinary records. When the Board member uses confidential information (that
			 has not been provided to the inmate) as a basis for a decision, the Board
			 member should advise the inmate that confidential information is being used as
			 a basis for the decision.
Each inmate may invite a representative to attend and speak on
			 his/her behalf at the Board hearing. Attorneys will be offered preference to be
			 moved to the top of the docket. There is no limit to the number of visitors an
			 inmate may invite to the hearing. The Board may limit presentations to just one
			 visitor in addition to hearing from the inmate or their representative. There
			 is no age limit. However minors may be barred from the hearing if their
			 presence creates a disruption. Visitors are not required to be on the inmate's
			 Visitation List but must be eligible for it. All visitors must comply with
			 attire and grooming rules. Units will give the utmost consideration to security
			 when admitting visitors to the unit for Board hearings. Victims who arrive at a
			 unit to attend the inmate's hearing will not be admitted to the hearing. Under
			 Arkansas law, the victim is entitled to a separate hearing with the
			 Board.
Parole Hearing Panel
The Board may designate a panel for the interviewing of persons
			 for possible parole, transfer and executive clemency. In addition to a Board
			 member or hearing examiner, a panel may be comprised of one of the following:
			 another Board member, a hearing examiner, a designated official of the
			 Department of Correction, a designated official of the Department of Community
			 Correction, or a designated official selected by the Board member
			 interviewing.