Arkansas Administrative Code › Agency 158 - Arkansas Parole Board › Rule 158.00.13-001 - Early Release Program for Offenders to Transitional Housing Facilities

Current through Register Vol. 49, No. 6, June, 2024
expedited by the ADC. This compiled list shall consist of those
			 individuals who are within 6 months of becoming Transfer Eligible but may be
			 expanded in scope as the need arises. This list shall contain at a minimum the
			 names, ADC #, and county where these offenders are being held. Once this list
			 is certified by the Board Chairman or their designee, it shall be transmitted
			 to the ADC and they shall in turn schedule these offenders for intake.
Once these individuals are brought in to the Department, ADC
			 shall notify DCC-Institutional Release Services of their Intake. DCC shall
			 immediately begin the process of scheduling these offenders for the next
			 upcoming Board. Offenders with non-discretionary convictions and those without
			 an active conviction for a sexual offense shall be transmitted to the Board as
			 a screening. Offenders whose conviction is discretionary and those who have an
			 active conviction for a sexual offense shall be scheduled for a hearing.
			 Offenders convicted of "Failure to Register" on a discharged registerable
			 offense shall be scheduled for a screening.
Electronic Monitoring of Offenders
Based on the pre-established criteria in Arkansas Code Ann.
			 §
							16-93-711,
			 the Director of ADC or DCC will request the Board consider the release of
			 certain inmates to electronic monitoring after they have served 120 days of
			 their sentence. The Board will consider these offenders under the normal
			 guidelines that apply to the screening process.
Inmates released under this section shall remain on electronic
			 monitoring for at least 90 days or until their transfer eligibility date,
			 whichever is sooner.
Early Release Program for Offenders to Transitional Housing
			 Facilities - Act 679 of 2005
Offenders held in the Department of Correction (ADC), other than
			 those excluded below, shall be eligible for early release to a transitional
			 housing facility, or an equivalent entity, licensed by the Department of
			 Community Correction (DCC) up to one (1) year prior to the offender's date of
			 eligibility for parole or transfer. An offender's home or the residence of an
			 offender's family member shall not be considered a transitional housing
			 facility for the purposes of this program. Offenders released under this
			 program must reside at an approved transitional housing facility until they
			 reach their eligibility date.
It is determined that there is a reasonable probability that an
			 offender within one (1) or more or the following categories cannot be placed in
			 a transitional housing facility under the provisions of this program without
			 posing a detriment to the community or the offender. Therefore an offender is
			 not eligible for this program if:
1.
		  They have failed to maintain Class I or II status at the time of petition or
		  between the time of their hearing and release to the transitional housing
		  facility.
2. They have served less
		  than 6 months in the Department of Correction. Time served in the county jail
		  shall not be counted toward program eligibility.
3. They have been convicted of any of the
		  following:
a. Any homicide, §§
								5-10-101 -
		  5-10-105
b. Battery in the first degree,
		  §
								5-13-201
c. Domestic battering in the first
		  degree, §
								5-26-303
d. Kidnapping, §
								5-11-102
e. Aggravated robbery, §
								5-12-103
f. Causing a catastrophe, §
								5-38-202(a)
g. Engaging in a continuing
		  criminal enterprise, §
								5-64-405
h. Simultaneous possession of
		  drugs and firearms, §
								5-74-106