Arkansas Administrative Code › Agency 158 - Arkansas Parole Board › Rule 158.00.15-002 - Arkansas Parole Board Manual

Current through Register Vol. 49, No. 6, June, 2024
1 - BOARD MEMBERSHIP, ELIGIBILITY, RESPONSIBILITY,
			 TRAINING, AND OFFICERS
The Arkansas Parole Board ("the Board" or "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, upon referral by the
			 Chairman, when that member has been determined to have been derelict in their
			 performance or if they no longer meet the eligibility criteria prescribed by
			 law. A member referred to the Governor for removal, shall be notified in
			 writing, via USPS certified mail, of the referral. The notification shall
			 include at a minimum;
(1) a copy of
		  the referral submitted to the Governor and (2) any supporting documentation
		  provided to the Governor. A referral to the Governor, and the subsequent notice
		  to the member, to include supporting documentation, shall be made a part of the
		  member's personnel record and may not be disclosed prior to the final
		  administrative resolution of the referral (i.e. retention, removal, suspension,
		  or probation). Upon notification to the Governor the member of the Board shall
		  be allowed an opportunity to respond within seven (7) days.
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 at the request of the inmate.
			 Subject to an order of the Board to the contrary, related deliberations are
			 closed to the public.
The Board is also responsible for reviewing all pardon and
			 commutation applications and making non-binding recommendations to the
			 Governor.
Board Members, Parole Revocation Judges, and Support Staff are
			 responsible for carrying out the Board's mission and complying with applicable
			 laws; and all policies within this manual.
Board members should not seek or hold public office which would
			 represent a conflict of interest while on the Board. Prior to seeking public
			 office, the member should notify the Chairman of any potential conflicts of
			 interest.
No member of the Board shall hold any outside employment for the
			 duration of his or her appointment to the Board. A member of the board may
			 engage in employment that has a limited time commitment and has been approved,
			 in writing, by the Chair. The determination of a "limited time commitment"
			 shall be at the discretion of the Chair and subject to revocation at any time.
			 A revocation of an employment waiver shall be provided in writing to the member
			 by the Chair. Both the approval and any subsequent waivers shall be made a part
			 of the member's personnel record.
State law requires that each member must have at least a
			 bachelor's degree from an accredited college or university, and should have no
			 less than five (5) years of professional experience in a field listed below. If
			 a member does not have a bachelor's degree from an accredited college or
			 university, they must have (7) years of professional experience in one of the
			 fields listed below:
1. Parole
		  Supervision;
2. Probation
		  Supervision;
3.
		  Corrections;
4. Criminal
		  Justice;
5. Law;
6. Law Enforcement;
7. Psychology;
8. Psychiatry;
9. Sociology;
10. Social Work or;
11. A related field
The American Correctional Association (ACA) recommends that the
			 racial makeup of the Board should be representative of the diversity of the
			 significant population under its jurisdiction
If the composition of the Board does not meet this standard, the
			 Chairperson will bring this issue to the Governor's attention during the
			 selection process for a new Board member.
Whether or not they have served on the Board previously, a member
			 appointed after July 1, 2011, shall complete a comprehensive training course
			 developed in compliance with guidelines from the National Institute of
			 Corrections, the Association of Paroling Authorities International, or the
			 American Probation and Parole Association.
All members shall complete annual training developed in
			 compliance with guidelines from the National Institute of Corrections, the
			 Association of Paroling Authorities International, or the American Probation
			 and Parole Association.
Training components shall include at a minimum an emphasis on the
			 following subjects:
1.
		  Data-driven decision making
2.
		  Evidence-based practice
3.
		  Stakeholder collaboration
4.
		  Recidivism reduction
A Parole Revocation Judges may be subject to the same training
			 curriculum developed for members of the Board.
The Governor shall designate one member as the Chair of the Board
			 who shall serve at the Governor's will. As set forth in State law, the Chair
			 shall serve as the chief executive, administrative, budgetary, and fiscal
			 officer of the Board. No rule or policy, to include administrative directives
			 or memoranda, shall be interpreted to in any way limit the authority of the
			 Chair as prescribed by State law.
The Board shall elect, during the first regular meeting after
			 February 1st of each year, a Vice Chair and a
			 Secretary to serve as officers for the upcoming year. If the office of
			 Vice-Chair or Secretary becomes vacant in the interim, the Board shall elect,
			 at its next regular meeting, a member to serve in that office until the next
			 regular election. A special election of officers may be called at any time at
			 the request of five (5) members of the Board. The Vice-Chair and the Secretary
			 shall assume, in that order and with the consent of the Governor, the duties of
			 Chair in the case of extended absence, vacancy, or other similar disability of
			 the Chair until the Governor designates a new Chair of the Board. Prior to
			 assuming the duties of Chair, the Vice-Chair or Secretary shall notify the
			 Office of the Governor and provide a summary of the situation requiring the
			 assumption of those duties.
1.1-
Quorum and General Voting
		  Information
A quorum of four members is required to hold a meeting of the
			 Board. If a case that is discretionary fails to receive five (5) affirmative
			 votes, the inmate shall be reconsidered for parole or transfer after one (1)
			 year from the date of the Board's vote. If a case that is non-discretionary
			 fails to receive five (5) affirmative votes, the inmate shall be reconsidered
			 after 6 months from the date of the Board's vote
All parole cases reviewed by a single member shall be reviewed by
			 the full Board for agreement prior to a final decision. The review shall
			 consist of the single member
Board practice is to have 7 members vote on executive clemency
			 death sentence cases and a minimum of five (5) votes on other clemency
			 requests.
1.2-
Recusal
No member of the Board or a Parole Revocation Judge should
			 participate in the determination of any matter before them if they:
1. are closely related to the person, the
		  person's attorney, or the victim
2.
		  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. have served as counsel
		  for either party in legal proceedings concerning the person
4. have any other interest in the proceeding
		  that would affect or reasonably give the appearance of affecting their judgment
		  in the matter.
Generally, the responsibility for determining the appropriateness
			 of recusal under the guidelines established by this policy shall be upon that
			 member or Parole Revocation Judge. The Chair may order that a member or Parole
			 Revocation Hearing Judge recuse themselves from a case.
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 Parole Revocation Judge which is not
			 otherwise provided by the laws or Constitution of this State or the United
			 States. In the event a Board member or Parole Revocation Judge recuses, or is
			 removed, from a parole, transfer, clemency, or revocation case, this action is
			 final and cannot be reversed. A member who recuses, or is removed, from a case
			 shall be counted in determining whether a quorum exists or if a sufficient
			 number of votes were made on the case.
2- CONSIDERATION OF INMATES ELIGIBLE FOR PAROLE /
			 TRANSFER
2.1
- 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 (ACC).
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 ACC Institutional Release Services (IRS) staff will prepare
			 case records for use by Board members in conducting case reviews and hearings,
			 as required by Arkansas law. Preparation by ACC IRS for an inmate's review
			 shall begin no later than six (6) months prior to that inmate's eligibility
			 date. Board staff will manage these case records to ensure timely
			 review/hearings.
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 Parole Revocation Judges to
			 conduct release hearings on an interim basis.
2.2
- Risk/Needs Assessments
The Board shall consider the results of a validated risk/needs
			 assessment tool as a part of all release decisions. That same assessment will
			 also influence any conditions of release. The assessment will be administered
			 by staff from ADC and/or ACC in a manner authorized by the Board.
2.3 -
Inmates with Transfer
		  Eligible (TE) Dates
The Arkansas Code Annotated
			 16-93-614,
			 615, 616, and 617 allows for the 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 ADC subject to rules and regulations
			 promulgated by the Board of Corrections and conditions set by the Board. 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 an inmate with a TE date the Board will
			 have only two options:
1. Transfer the
		  inmate to the ACC with specified conditions such as supervision level,
		  programming requirements, and facility placement when appropriate. Conditions
		  must be within the current resources of the ACC; or
2. Deny transfer to the inmate, based on
		  established criteria, 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 ADC), and final review of the inmate's file to ensure successful
		  completion, the Board will be required to transfer the inmate to the ACC in
		  accordance with administrative policy and subject to conditions attached to the
		  transfer. Should an inmate fail to complete the course of action outlined by
		  the Board to facilitate their transfer to community supervision, it shall be
		  the responsibility of the inmate to petition the Board for a rehearing. In
		  these cases, there will not be an automatic rehearing.
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 a 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) will 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 who are in
			 administrative segregation should be reviewed to determine class and the level
			 of the Varner SuperMax program completion. An inmate may be reviewed by a
			 single member, but the file shall then be forwarded to the full Board for
			 hearing and final determination. Final determination is subject to review by
			 the Board. Unless otherwise determined by a of the Board, an inmate
			 incarcerated at the Varner SuperMax 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.
2.4
- Discretionary Transfer (Exceptions to Transfer Eligible (TE)
		  Dates)
The following classes of inmates shall be considered for
			 discretionary transfer to the ACC. Discretionary transfer means the Board can
			 deny parole with or without recommending a course of action to the inmate. Even
			 if a course of action is recommended and completed, the Board is not required
			 to release the inmate to community supervision.
* Inmates who, after January 1, 1994, commit Murder in the First
			 Degree, Engaging in a Continuing Criminal Enterprise, or the following Class Y
			 felonies: Kidnapping, Rape, Aggravated Robbery, or Causing a
			 Catastrophe.
* Inmates who on or after July 30, 1999 commit Capital Murder,
			 Murder in the Second Degree, Manslaughter, Negligent Homicide , Sexual Assault
			 in the First Degree, Sexual Assault in the Second Degree, Sexual Abuse in the
			 First Degree, Battery in the First Degree, Domestic Battering in the First
			 Degree, or Simultaneous Possession of Drugs and Firearms.
* Inmates who, on or after February 20, 2013, commit an offense
			 for which they are required upon release to register as a sex offender under
			 the Sex Offender Registration Act of 1997, §
									12-12-901 et
			 seq.
* Inmates who, on or after August 16, 2013 commit Attempted
			 Capital Murder, Attempted Murder in the First Degree, any offense listed under
			 A.C.A. §
									5-54-201 et seq.
			 (Terrorism-related offenses), or the following Class Y felonies: Attempted
			 Aggravated Robbery, Terroristic Act, Arson, Aggravated Residential Burglary, or
			 Unlawful Discharge of a Firearm from a Vehicle.
* Inmates who, on or after April 2, 2015 commit Battery in the
			 Second Degree, Aggravated Assault, Terroristic Threatening, Residential
			 Burglary, or Domestic Battering in the Second Degree.
The Board will have the authority to transfer such an inmate at a
			 time when, based on a combination of its members' opinion and a validated risk
			 needs assessment tool, there is a reasonable probability that the inmate can be
			 released without detriment to the community or the inmate.
After the Board has fully considered and denied the transfer of
			 an offender sentenced for committing a discretionary offense, the Board may
			 delay any reconsideration of the transfer for a maximum period of two (2)
			 years.
Note: The same standard of review listed in this section shall
			 apply to all inmates whose crimes were committed prior to January 1, 1994
			 (Parole Eligible).
2.5
- 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 will use the release decision criteria listed on page
			 8 of this manual as a basis for deciding whether to approve a transfer.
2.6
- Inmates Determined to
		  be a Detriment to the Community
The Board may deny parole to any otherwise eligible inmate,
			 regardless of the sentence that he or she is serving, if five (5) members of
			 the Board determine that the inmate upon release would be a detriment to the
			 community upon release as defined in A.C.A. §
									16-93-101.
A Board member recommending a denial under this section must
			 provide a written justification that the inmate meets the definition a
			 detriment to the community. The written justification shall be made a part of
			 the inmate's parole hearing record.
2.7
- 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. A foreign national may be paroled to their home country when
			 informal arrangements can be made for the transfer and when the inmate
			 consents. The Board shall consider the placement of post-release conditions on
			 offenders released to their home country or an immigration detainer. The
			 condition(s) will take effect upon their reentry to the United States.
2.8
- Time
		  Computation
Within 90 days of incarceration, the 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.
2.9
-
		  Notification of Officials
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.
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 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.
2.10
-
		  Consideration and Release of Victim Impact Statements
Before determining whether to release an inmate on parole, the
			 Board shall permit the victim to present a written victim impact statement at a
			 victim impact hearing conducted by one of more members of the Board, concerning
			 the effects of the crime, the circumstances surrounding the crime, the manner
			 in which the crime was perpetrated and the reason(s) for the victim's
			 opposition to the inmate's potential parole. The Board shall ensure that
			 notification of this right is provided to all victims registered with the ADC.
			 If the victim has expressed a documented desire to not be notified of future
			 parole hearings, no notification will be made. For those wishing, and eligible,
			 to attend a victim impact hearing, it is the responsibility of the victim to
			 express their desire to attend a victim impact hearing and to provide current
			 contact information to the Board or its designee.
At the discretion of the Board, a victim impact hearing may be
			 conducted through the video conference technology.
The Board shall consider impact statements written by the victim.
			 These written statements may be in lieu of, or in addition to, an oral victim
			 impact statement. An impact statement written by the victim of a sex crime as
			 defined by A.C.A. §
									16-90-1101
			 or the Sex Offender Registration Act of 1997, §
									12-12-901
			 etseq., is privileged. It shall not be disclosed, directly or indirectly, to
			 any person other than a member of the Board, its authorized agents, a court, or
			 other person, excluding the inmate, entitled under state law or Board policy to
			 receive the statement.
The Board or a court of competent jurisdiction may order the
			 disclosure of an impact statement written by the victim of a sex offense when
			 the Board finds that the interests of the inmate outweigh the privacy and
			 safety interests of the victim or to enhance the accuracy of the Board's
			 determination.
An inmate eligible to receive an impact statement written by
			 their victim shall only receive it upon a written request. The inmate's request
			 shall be submitted to the Institutional Release Officer assigned to their unit.
			 The Institutional Release Officer will in turn submit the request to the ACC
			 Public Information Office and the Board for fulfillment. The Board, or the ACC
			 Public Information Office, shall redact the following information from an
			 impact statement written by a victim prior to releasing the statement to the
			 inmate:
* Any information protected by Federal or State privacy
			 laws;
* The address of a victim, their parent, legal guardian, and/or
			 their next of kin;
* Any information that could reasonably be used to determine the
			 location of a victim, their parent, or legal guardian, and/or their next of
			 kin;
The Board shall ensure that a victim is notified of the release
			 of an impact statement written by them. The notification shall consist
			 of:
* The inmate's name and ADC number;
* The date the statement was released; and
* A copy of the released statement.
No other information related to a victim may be released by the
			 Board or an agent of the Board unless required by Federal and/or State
			 Law.
For the purposes of this policy, "victim" is defined as someone
			 who is the victim of a:
* A sex offense as defined by the Sex Offender Registration Act
			 of 1997, §
									12-12-901 et
			 seq,;
* A sex offense as defined by A.C.A. §
									16-90-1101;
* An offense involving the use of a deadly weapon, terroristic
			 threatening in the first degree, §
									5-13-301(a),
			 and stalking, as defined in §
									5-71-229;
* An offense against a victim who is a minor;
* A violent offense as defined by A.C.A. §
									5-4-501(d)(2);
* An offense subject to the discretionary transfer authority of
			 the Board; or
* An offense committed by an inmate previously determined to be a
			 "detriment to the community" in accordance with A.C.A. §
									16-93-101.
For the purposes of this policy, "offense against a victim who is
			 a minor" is defined as:
* Kidnapping pursuant to §
									5-11-102(a)(4)
			 when the victim is a minor and the offender is not the parent of the
			 victim;
* False imprisonment in the first degree pursuant to §
									5-11-103
			 when the victim is a minor and the offender is not the parent of the
			 victim;
* Permanent detention or restraint pursuant to §
									5-11-106
			 when the victim is a minor and the offender is not the parent of the
			 victim;
* Any sex offense when the victim is a minor;
* An attempt, solicitation, or conspiracy to commit any of the
			 offenses listed above;
* An adjudication of guilt for an offense of the law of another
			 state, for a federal offense, or for a military offense, which is substantially
			 equivalent to any of the offenses listed above; or
* A violation of any former law of this State that is
			 substantially equivalent to any of the offenses listed above.
If a victim has requested notification, notice will be provided
			 once the Board's decision on the case has been finalized.
2.11
- Release Hearing Preparation and
		  Guidelines
The Board requires that an inmate receive written notice of
			 parole or transfer hearings at least fourteen days prior to the hearing. An
			 inmate will be notified by the 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 inmate's 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 questions the
		  inmate may have regarding parole.
Approximately fourteen days before the hearing the IRS 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, a Field Report submitted by a Parole/Probation
			 Officer, required legal notices, the results of a validated risk/needs
			 assessment, 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 in order for Board members to review
			 prior to the hearing and to refer to the file during the hearing if
			 necessary.
The IRS 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 ACC Public
			 Relations Office for processing. State law prohibits staff from releasing State
			 criminal justice records to inmates. The IRS 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.
Inmates shall be allowed to select and identify persons to appear
			 before the Board in support of his/her potential release on parole. These
			 persons should be chosen for their ability to provide information to the Board
			 relevant to the inmate's potential release. The persons chosen by the inmate
			 must meet the attendance criteria established by the ADC. 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.
2.12
- Parole Hearing Designee
The Board may designate a parole revocation judge or investigator
			 employed by the Board to interview inmates for possible parole, or transfer. A
			 parole revocation judge or investigator designated to conduct a hearing may
			 only prepare a summary of the hearing and make a non-binding recommendation to
			 the Board.
The Board may also secure the assistance of professionals (i.e. a
			 mental health or a language interpreter) to enhance in their ability to conduct
			 a hearing.
2.13 -
Transfer Decision Criteria for TE and PE Inmates
Release or discretionary transfer may be granted to an eligible
			 person by the Board when, in its opinion, there is a reasonable probability
			 that the person can be released without detriment to the community or
			 him/herself.
In making its determination regarding an inmate's release or
			 discretionary transfer, the Board must consider the following factors:
1. Institutional adjustment in general,
		  including the nature of any disciplinary actions;
2. When considered necessary, an examination
		  and opinion by a psychiatrist or psychologist can be requested and
		  considered;
3. The record of
		  previous criminal offenses (misdemeanors and felonies), the frequency of such
		  offenses, and the nature thereof;
4. Conduct in any previous release program,
		  such as probation, parole, work release, boot camp or alternative
		  service;
5. Recommendations made by
		  the Judge, Prosecuting Attorney, and Sheriff of the county from which a person
		  was sentenced, or other interested persons;
6. The nature of the release plan, including
		  the type of community surroundings in the area the person plans to live and
		  work;
7. The possibility that the
		  inmate poses a detriment to the community they will be released into;
8. The results of a validated risk/needs
		  assessment
9. The inmate's
		  employment record;
10. The inmate's
		  susceptibility to drugs or alcohol;
11. The inmate's basic good physical and
		  mental health;
12. The inmate's
		  participation in institutional activities, such as, educational programs,
		  rehabilitation programs, work programs, and leisure time activities
		  and;
13. When there is a detainer,
		  the Board must pursue the basis of any such detainer and only release the
		  inmate to a detainer where appropriate. A detainer must not be considered an
		  automatic reason for denying parole.
2.14
- Conducting a Release
		  Hearing
All hearings will be conducted in privacy unless the inmate
			 requests otherwise in accordance with applicable State law and ADC policy. All
			 deliberations shall be closed to the public in accordance with applicable state
			 law. Individual case information will be kept confidential to the extent
			 allowed by A.C.A. §
									16-93-202.
			 Prior to the hearing, Board members must review information available about the
			 offender's prior history, current situation, events in the case since any
			 previous hearing, information about the offender's future plans and relevant
			 conditions in the community. The Board member conducting the hearing is
			 responsible for making a record of the major issues and findings in a summary
			 of interview.
The Chairman, in consultation with Board staff and staff from the
			 ADC and ACC, will decide if video conferencing will be used at a given hearing
			 and who will participate by way of video conferencing. Video conferencing is an
			 appropriate option in certain circumstances, including the following; to meet
			 urgent deadlines, when severe weather conditions prevent the safe travel of
			 Board members, or when it would be the most effective and efficient use of
			 manpower and budgetary resources.
In advance of the hearing, the inmate will be notified about
			 their hearing may be conducted via video. If it is apparent that participating
			 in a hearing conducted via video will create an undo hardship due to a
			 documented disability, the Chairman will make arrangements for certain
			 accommodations and/or ensure that an inmate is seen in person.
The specific date of an inmate's release will be set by the
			 inmate's unit of assignment. The unit's Institutional Release Officer is the
			 designated party for conveying that date to the inmate.
2.15
- Parole Consideration of
		  Out-Of-State Inmates (Interstate Compact, Act 700)
The Board will transfer or consider for parole those eligible
			 persons serving sentences outside the State in the following manner:
When an inmate confined in the prison system of another state or
			 the federal system becomes eligible for transfer or parole in Arkansas, as
			 indicated by a certified copy of a Judgment and Commitment Order from a court
			 of this state, the appropriate records office of the ADC shall notify the ACC
			 IRS office.
Before taking action on a transfer or parole request by an
			 out-of-state inmate, the ACC IRS office will request, in writing, that the
			 corresponding board or commission in the jurisdiction where the person is
			 incarcerated, provide the following information:
1) For all cases, a validated risk assessment
		  evaluation;
2) For cases with a PE
		  date, a recommendation and supporting documentation as to whether the person
		  should be released.
The Board will use the information provided in lieu of the
			 person's personal appearance before the Board. The Board will also consider
			 information about the person and his/her crime provided by parole staff, law
			 enforcement agencies, the victim(s) (or the victim(s)' next-of-kin), public
			 officials, the person being considered, and other interested persons.
All other provisions of Arkansas law pertaining to transfer
			 and/or the granting or denying of parole to persons held by the state shall
			 apply.
2.16
- Processing and Transmitting Release Decisions
The ACC IRS office is the designated entity for processing all
			 Board decisions relating to parole/transfer (grant, denial, or deferral) and
			 Executive Clemency (a recommendation of with or without merit). The Board will
			 record all votes and verify the accuracy of all records. Once IRS has been
			 notified that voting is complete, a copy of the decision will be made available
			 to each Institutional Release Officer (IRO) at the various ADC and ACC units.
			 The decision of the Board will then be given to the inmate in a manner
			 consistent with unit policy. Refer to the "Release Decision Summary" section
			 below for additional information.
It is the responsibility of the IRO to contact the appropriate
			 unit staff if an inmate is required to complete any program(s) prior to
			 release. The IRO is also responsible for any other action requested regarding
			 the Board's decision.
2.17
- Release Decision Summary.
A person considered by the Board for release will be advised in
			 writing of the Board's decision within 21 days from the date of the hearing.
			 The notification will include the Board's action and the most significant
			 reason(s) for that action. The needs for safety and security within each unit
			 prescribe that no information concerning the vote on the possible release of an
			 inmate will be made until such date determined by the Board following the
			 ratification of voting held at a regularly scheduled meeting of the
			 Board.
When used, interview worksheets shall be made available upon
			 request following the release of the Board's decision.
2.18
- Release of an Inmate with an
		  Incurable Illness, who is Permanently Incapacitated, or who is Eligible for
		  Hospice Care
When, in the independent opinions of a physician employed, or
			 contracted by the ADC or ACC and a consultant physician from the State
			 at-large, an inmate, who is not serving a sentence of life or life without
			 parole, has an incurable illness which, on the average, will result in death
			 within twenty-four (24) months, is permanently incapacitated, or would be a
			 suitable candidate for hospice care, the Director of the ADC or the Director of
			 the ACC shall make these facts known to the Board.
The Board shall request all such information that is germane to
			 determining an inmate's suitability for parole supervision. If the facts
			 warrant and the inmate's physical condition no longer makes them a threat to
			 public safety, the Board may approve the inmate for immediate transfer to
			 parole supervision.
An inmate is not eligible for parole under A.C.A. §
									12-29-404
			 if:
1. The inmate is required to
		  register as a sex offender under Arkansas Code Ann. §
									12-12-901 et
		  seq. and has been assessed as a Level Three (3) or four (4) for community
		  notification; or
2. A victim of one
		  or more of the inmate's sex offenses was 14 years of age or younger.
The Board may revoke an inmate's parole supervision granted under
			 this section if, after notification, it is determined that the offender's
			 medical condition improves to the point that they would initially not have been
			 eligible under A.C.A. §
										16-93-708
			 or §
										12-29-404.
			 Revocation proceedings for an offender released under this section shall follow
			 all legal requirements applicable to parole and shall be subject to any
			 additional policies, rules, and regulations set by the Board.
2.19
- Modified Release
		  Guidelines for Short-Term Offenders
Arkansas Code Annotated §
									16-93-710,
			 authorizes the Board to set modified hearing guidelines for offenders who have
			 a sentence of 2 years or less and become Transfer Eligible while in the county
			 jail.
Upon notification of an offender's eligibility by the ADC, the
			 ACC shall immediately make all necessary notifications to law enforcement
			 officials and victims (See "Notification of Officials and Victims"), schedule
			 the offender for a hearing, and assemble the hearing file for the Board's
			 review. The ADC shall expedite the intake of eligible offenders.
The Board shall consider the file as a screening. All other
			 standard hearing processes shall be followed.
At the discretion of the Board, eligible offenders may be paroled
			 directly from the County Jail Back-up List. If an offender is to be released
			 directly from the County Jail Back-up List, their file must be reviewed by the
			 Board no later than 6 months prior to their eligibility date. The Board shall
			 work collectively with both ADC and ACC to develop guidelines for these
			 offenders.
* Any offender convicted under A.C.A. §
									5-4-501(c)(2)
			 or of a Class Y felony shall be ineligible for release under this option. As
			 determined by the county sheriff, an offender who has committed a violent or
			 sexual act while incarcerated in a county jail facility shall be ineligible for
			 release under this option.
For offenders with a sentence greater than two years, the Board
			 shall establish procedures sufficient to mitigate the risk of those offenders
			 becoming Transfer Eligible while in the county jail. The Board Chairman shall
			 designate an employee of the Board to regularly review the ADC County Jail
			 Back-up List and compile the names of offenders whose intake needs to be
			 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 ACC-lnstitutional Release Services of their Intake. ACC 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.
2.20
- Electronic Monitoring of
		  Offenders
Based on the pre-established criteria in Arkansas Code Ann.
			 §
									16-93-711,
			 the Director of ADC or ACC 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.
2.21
- 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 (ACC) 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 parole or transfer
			 eligibility date.
It is determined that there is a reasonable probability that an
			 offender within one (1) or more of 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 themselves. Therefore an offender is wet
			 ineligible for this program if:
1.
		  They have failed to maintain Class I or II status at the time of application or
		  between the time of their hearing and release to the transitional housing
		  facility.
2. They have served less
		  than 6 months in the ADC. Time served in the county jail shall not be counted
		  toward program eligibility.
3. They
		  have an active conviction for a felony involving violence, as defined under
		  §
									5-4-501(d)(2)
4. They have ever been convicted
		  of any offense requiring registration under §
									12-12-903
		  (Sex Offender Registration Act of 1997).
5. They have an active conviction for, or
		  documented criminal history of, any offense determined by the Board to, by its
		  nature or definition, involve violence, the threat of violence, the potential
		  threat of violence, or the disregard for the safety of the lives of
		  others.
6. They have ever received
		  a disciplinary while incarcerated, or conviction (§§
									5-54-110 -
		  5-54-112 ),
		  for behavior related to an escape, or an attempted escape, from the ADC, ACC,
		  or another law enforcement agency.
7. They have an active detainer or felony
		  warrant lodged against them by another law enforcement agency or jurisdiction.
The Board may, upon request by the Director of ACC or their
			 designee, consider granting a waiver to an offender otherwise excluded by the
			 program's eligibility rules. The request shall be based at minimum on the
			 following factors:
1. The
		  results of a validated risk-needs assessment.
2. The recommendation of field supervision
		  staff, staff trained in area of offender reentry, and/or institutional or
		  community-based treatment professionals;
3. The belief of the Director, or their
		  designee, that placement in a transitional housing facility will not pose a
		  detriment to the community or the offender.
Prior to implementation of the above process, the Director of ACC
			 shall provide the Board with an outline of the procedures that will be utilized
			 in making this determination. The Board shall, in an open meeting, adopt said
			 procedures prior to their implementation. The same process of notification and
			 adoption shall be utilized for any subsequent changes in any procedure
			 previously adopted by the Board.
Eligible offenders shall submit a written request to the Board
			 for consideration under this program through their unit Institutional Release
			 Officer (IRO). The request shall at minimum be accompanied by confirmation that
			 the offender has been accepted as a resident of a licensed transitional housing
			 facility upon release. Once a request has been received and the offender's
			 eligibility has been determined, the offender shall be scheduled for an Act 679
			 hearing before the Board. Offenders granted a waiver by the Board based upon
			 the request of the Director of ACC, or their designee, shall be scheduled once
			 the unit IRO is notified of the decision by the Chairman or their designee.
			 Hearings scheduled under this program shall follow the distribution of all
			 applicable notices under §
										16-93-615
			 and all applicable policies established by the Board pertaining to a
			 parole/transfer hearing and by ACC pertaining to parole plan approval.
Inmates released under this program shall be supervised by
			 officers of the ACC under the guidelines of the Act 679 Conditions of Release
			 established by the Board (see Board Manual Attachments). The conditions must be
			 based on a reasoned, rational plan developed in conjunction with validated
			 risk-needs assessment and include at minimum a curfew requiring an offender
			 placed in a transitional housing facility under this program to present
			 themselves at a scheduled time to be confined in the transitional housing
			 facility. Prior to release, ACC shall require offenders to sign a statement
			 acknowledging:
(1) their receipt and
		  understanding of the Act 679 Conditions of Release
(2) their receipt and understanding of, and
		  willingness to adhere to, facility rules and
(3) their parole or transfer eligibility
		  date.
An offender who without permission leaves the custody of the
			 transitional housing facility in which he or she is placed, prior to their
			 parole or transfer eligibility date, may be subject to criminal prosecution for
			 escape, §§
											5-54-110 -
			 5-54-112.
			 Facilities receiving an offender released under this program shall be provided
			 with information by ACC on reporting an offender who without permission leaves
			 the custody of the facility prior to their eligibility date.
Revocation of placement in transitional housing must follow the
			 revocation proceedings established in §
											16-93-705.
2.22
- Consideration of Act 146 of 2015 Reentry Program Participants
In accordance with A.C.A. §
									12-27-127,
			 the Board may release from incarceration an inmate who has been:
1. Administratively transferred from the ADC
		  to the ACC for the purpose of participating in a reentry program administered
		  by the ACC of at least six (6) months in length; and
2. Determined by the ACC to have successfully
		  completed its program.
At the request of the ACC, the Board may screen inmates prior to
			 their administrative transfer from the ADC in order to provide non-binding
			 guidance on their suitability for reentry programing.
Sixty (60) days before their projected program completion date,
			 an inmate participating in a reentry program administered by the ACC shall be
			 scheduled for a release screening. In order for the Board to determine the
			 character of the inmate being considered for release, the scheduling of release
			 screening shall be accompanied by a notice from ACC IRS to the sentencing
			 court, the prosecuting attorney, and the sheriff of the county from which the
			 inmate was committed. The notice shall solicit their oral or written
			 recommendation relating to the inmate's potential release. The scheduling of a
			 release screening shall also be accompanied by the notification from ACC IRS to
			 any registered victims, the victim's parent or legal guardian, or the victim's
			 next of kin regarding the inmate's potential release and their right to provide
			 a written or oral statement to the Board in accordance with applicable State
			 law and Board policy.
When conducting a release screening for an inmate participating
			 in a reentry program administered by ACC, the Board shall only have the
			 following options:
1. Order
		  the inmate's release to community supervision upon program completion;
		  or
2. Deny the inmate's release to
		  community supervision.
An inmate whose release is granted subject to program completion
			 who then fails to complete the program shall have their release rescinded. If
			 the inmate's release is rescinded or denied, he or she shall be
			 administratively transferred back to the ADC, and shall be eligible to be
			 considered by the Board six (6) months prior to their PE/TE date.
A decision to deny or rescind the inmate's release to community
			 supervision shall not be made public until the inmate has been returned to a
			 secure facility administered or contracted by the ADC.
2.23
- Discharge
		  Planning
The Board shall engage in a coordinated program of discharge
			 planning to ensure the effective and efficient reentry of inmates in to
			 society. At least 120 days before an inmate's anticipated release date, Board
			 shall work with the ADC and the ACC to complete a prerelease assessment and
			 reentry plan. The Chair of the Board shall designate 1 or more members of the
			 Board or support staff to monitor this process and ensure that all stipulated
			 programs and conditions of release are made a part of the reentry plan.
2.24
- Supervision of
		  Parolees
Supervision of parolees is done on behalf of the Board, by the
			 Department of Community Correction. In consultation with the Board, ACC is
			 authorized to establish written policies and procedures for the supervision of
			 parolees. The supervision of parolees shall be based on evidenced-based
			 practices including a validated risk/needs assessment. Decisions shall target
			 the parolee's criminal risk factors with appropriate supervision and treatment
			 designed to reduce the likelihood to reoffend. Further guidance for parole
			 supervision can be found in Arkansas Code Ann. §
									16-93-712
Every parolee, while on release, shall be subject to the orders
			 of the Board. Failure to abide by any of the conditions as instructed may
			 result in revocation of his/her conditional release.
Every inmate receives a written copy of his/her supervision
			 conditions from the Parole/Probation Officer and signs that they understand
			 their release conditions. A Parole/Probation Officer may request that a
			 supervision condition be amended or removed entirely. All requests for the
			 amending or removal of a condition must be made in writing to the Board. Any
			 request for exemption of a special condition must be approved by the
			 Board.
At any time during a parolee's conditional release, the Board may
			 issue a warrant for the arrest of the parolee for violation of any conditions
			 of release or may issue a notice to appear to answer a charge of a violation.
			 The Board will not issue a notice to appear without an accompanying warrant.
			 The warrant and notice shall be served personally upon the parolee. The warrant
			 shall authorize all officers named therein to place the parolee in custody at
			 any suitable detention facility pending a hearing.
Any Department of Community Correction officer may arrest a
			 parolee without a warrant or may deputize any officer with power of arrest to
			 do so by giving the officer a written statement (or white warrant) setting
			 forth that the parolee, in the judgment of the Department of Community
			 Correction officer, violated conditions of the parolee's release. The written
			 statement (or white warrant) delivered with the parolee by the arresting
			 officer to the official in charge of the detention facility to which the
			 parolee is brought shall be sufficient warrant for detaining the parolee
			 pending disposition.
2.25
- Appeal of Board Decision
An inmate or his/her attorney may request reconsideration of any
			 parole decision of the Board within sixty days of the official vote of the
			 Board. The request must be made in writing. Requests for reconsideration may be
			 submitted through the Unit's IRO or to the Board. Only one reconsideration
			 request will be considered by the Board per decision. A request for
			 reconsideration shall only be granted following the affirmative vote of no less
			 than five (5) members of the Board.
3 - RELEASE REVOCATION
3.1
- Jurisdiction and
		  Authority
Pursuant to A.C.A. §
									16-93-206,
			 "the Parole Board shall serve as the revocation review board for any person
			 subject to either parole or transfer from prison. Revocation proceedings for
			 either parole or transfer shall follow all legal requirements applicable to
			 parole and shall be subject to any additional policies, rules, and regulations
			 set by the Board."
3.2
- Designee for Conducting Hearings
The Board's designee for conducting felease preliminary and
			 revocation hearings is the Parole Revocation Judge (PRJ). However, the Board
			 shall retain the right to exercise any authority delegated to the PRJ.
3.3
- Warrant and Criteria
		  for Arrest of Parolee
When a parolee has committed a violation (other than those
			 referenced in the following paragraph) that results in a violation report, a
			 warrant is issued when the parolee's presence in the community, pending
			 disposition of a Revocation Hearing, would present unreasonable risks to public
			 or individual safety or when it is very likely that the paroiee will abscond.
			 Supervision officers shall utilize violation reports to provide the information
			 necessary for the Board to determine if these criteria have been met. The
			 officer should compile and submit the violation report within three (3)
			 calendar days of the decision to bring the parolee to a hearing or the offender
			 being arrested on a new charge, unless a waiver of the submission deadline has
			 been granted by the Board or its designee. The Board will review the violation
			 report and issue a warrant only when the aforementioned mentioned criteria is
			 met and within two (3) working days of the Board's receipt of the violation
			 report; excluding, weekends, holidays, and acts of nature. However, the
			 evidence does not need to rise to the same standard of probable cause required
			 for arrest and criminal charges. This does not prohibit the supervision officer
			 from arresting and detaining the parolee with a "white warrant" until the
			 offender's preliminary or full parole revocation hearing or when directed by
			 Board policy to arrest and detain the offender on the Board's warrant.
If a parolee has been charged with a felony involving violence,
			 as defined under §
									5-4-501(d)(2)
			 or a felony requiring registration under the Sex Offender Registration Act of
			 1997, §
									12-12-901 et
			 seq. (Refer to Attachment #7), the Board shall issue a warrant for the arrest
			 of the parolee. Supervision officers shall utilize the violation report to
			 provide the information necessary to issue a warrant under this paragraph. The
			 violation report should be received by the Board within 3 (three) calendar days
			 of the offender's arrest; unless a waiver of the submission deadline has been
			 granted by the Board or its designee.
A parolee arrested on a warrant issued under the previous
			 paragraph shall be detained pending a mandatory Revocation Hearing.
3.4
- Waiver of Parole
		  Revocation Hearing
When an offender has committed a serious technical violation or a
			 repeated pattern of minor violations, and the parolee meets eligibility
			 requirements established by written policy of the ACC for the Technical
			 Violator Program (TVP), the Board authorizes a supervision officer to prepare a
			 violation report, give notice to the parolee and sanction the offender to the
			 TVP provided the offender knowingly and intelligently signs a hearing
			 waiver.
An offender may knowingly and intelligently waive his/her right
			 to a hearing and be returned to the ADC or placed in an ACC Regional
			 correctional Facility (RCF). A waiver to the ADC or ACC-RCF must be signed by a
			 member of the Board or a Parole Revocation Judge. An offender returned to the
			 ADC on a hearing waiver shall be eligible for release consideration after
			 serving no less than 30 days. An offender placed in an ACC-RCF on a hearing
			 waiver shall be eligible for release consideration after serving no more than
			 six (6) months.
An offender shall be made aware of his/her right to knowingly and
			 intelligently waive his/her right to a hearing prior to the hearing. At this
			 point the offender shall also be made aware of the possible outcomes of a
			 Revocation hearing.
If a hearing waiver is granted, the parolee may subsequently
			 appeal the waiver to the Board. An appeal of a hearing waiver shall be made in
			 the manner listed below. However the filing of an appeal may not suspend the
			 transport of an offender to a residential treatment program or the ADC,
			 ACC-RCF, or TVP.
* The appeal must be made in writing by the parolee or his/her
			 attorney to the Board within thirty (30) days from the date the hearing waiver
			 is signed by the parolee unless the time period or other requirements are
			 waived by the Board.
* In the written appeal, the parolee or his/her attorney may
			 request a general reiew of the hearing waiver only and ask that it be rescinded
			 and a hearing be scheduled. The parolee or his/her attorney should state in the
			 appeal specific reasons for the belief that the hearing waiver should be
			 reversed.
* The appeal shall be presented to the Board as soon as practical
			 after it is received. The Board may request statements in response to the
			 appeal from the PRJ or member of the Board that signed the waiver and/or the
			 parolee's supervising officer.
* A Board member who signs a hearing waiver shall not consider
			 any subsequent appeals of the waiver and/or revocation hearing decision.
Upon the consideration of the waiver appeal, the Board may, by no
			 less than five (5) affirmative votes, order a new Revocation hearing or amend
			 the length of the hearing waiver.
3.5-
New Felony Charges
When a new felony is committed and the parolee is not held on a
			 Board-issued warrant, the Board or PRJ may choose to hold or postpone the
			 Revocation Hearing. If the Revocation Hearing is postponed, the Board or PRJ
			 can choose to conduct a hearing later, such as when new violations occur. If
			 postponed and the court sentences the parolee to time at the ADC, the Board
			 processes an administrative revocation (no hearing).
When a parolee receives a new felony conviction and is sentenced
			 to prison, his/her release may be revoked without a hearing. Written notice of
			 this action will be forwarded to the parolee with a copy to the state file, if
			 the parolee's conviction is set aside on appeal or otherwise nullified, his/her
			 release will be reinstated, unless the Board or its designee has previously
			 found there to be a preponderance of the evidence, after a hearing, that the
			 parolee inexcusably violated one or more conditions of release. This finding
			 justifies revocation notwithstanding the lack of a conviction for a criminal
			 offense.
3.6
-
		  Possible Outcomes of the Revocation Hearing
If a parolee is found to have violated a condition(s) of his/her
			 release, the Board or PRJ may still return the parolee to supervision, impose
			 additional conditions of release, order placement in ADC, (or if eligible),
			 ACC-RCF, the Technical Violator's Program, or utilize an appropriate
			 alternative to incarceration. If placement in a facility administered or
			 contracted by ADC or ACC is ordered, immediate transport to the nearest
			 reception/intake facility may also be ordered when space for the offender is
			 available and when authorized in writing by the Chair of the Board
When making a revocation decision, the full range of alternatives
			 to incarceration and available treatment options should be considered, in
			 addition to considering the benefit of incarceration to the offender and the
			 general public. During the hearing, the Board member or designee conducting the
			 hearing may confer with the supervision officer to determine the best course of
			 action for the offender based on the nature of the violation(s), supervision
			 history, and available resources.
3.7
- Actions When Revoked
If the offender's supervision is revoked, the Board member or PRJ
			 conducting the hearing will complete appropriate sections of the hearing
			 disposition form. The Board member or PRJ will enter the month when the parolee
			 is to be scheduled to appear before the Board using the criteria in the
			 following section. This month is entered even when the parolee is sent to the
			 TVP because the parolee may subsequently be transferred to ADC for disciplinary
			 reasons in which case the date would apply.
3.8
- Determining the Release Hearing
		  Date
On the disposition of revocation hearing form, the Board member
			 or PRJ will indicate the month the parolee will be scheduled for a release
			 hearing. A Board member or PRJ may revoke an offender's release for up to one
			 (1) year provided they are being revoked to the ADC. An offender revoked to an
			 ACC-RCF may only be revoked for up to 6 months.
3.9
- Release Revocation
		  Process
At a revocation hearing, the Board member or PRJ conducting the
			 hearing must seek and consider evidence that supports or counters the violation
			 charges as well as any extenuating or mitigating circumstances that suggest
			 that the violation does or does not warrant revocation of the parolee's
			 supervision.
The Board member or PRJ conducting the preliminary or revocation
			 hearing must allow the parolee and his/her attorney, when present, to exercise
			 the right to:
1. Present evidence and
		  favorable witnesses;
2. Seek
		  disclosure of evidence;
3. Confront
		  adverse witness(es), unless the witness(es) would be subjected thereby to a
		  risk of harm or when good cause is found to limit the cross-examination by the
		  Board member or designee conducting the hearing;
4. Have counsel of choice present or, in the
		  case of indigent parolees who request assistance to adequately present their
		  case, have counsel appointed; however, the - the Board or its designee may
		  determine that the situation does not justify the expense of a lawyer;
		  and
5. Request postponement of the
		  hearing for good cause. The Board member or PRJ conducting the hearing may
		  require written confirmation of the postponement. Only one (1) postponement may
		  be granted to either party without the written permission of the Chair.
The Supervising Officer will:
1. Request a warrant when an arrest is
		  considered necessary;
2. Arrest and
		  jail a parolee on the Board's warrant as directed by Board policy;
3. Advise parolee of hearing related rights
		  to include the rights a Board member or Parole Revocation Judge must allow as
		  described in the previous paragraph ;
4. Give the parolee notice of the violation,
		  the violation report, and hearing notice 72 hours prior to the hearing date
		  unless the timeframe has been waived by the offender;
5. Offer the parolee an opportunity to sign a
		  hearing waiver prior to requesting a hearing before the Board;
6. Provide the Board with notice, via the
		  violation report, that an offender is eligible to be revoked to an
		  ACC-RCF;
7. Provide the Board with
		  a list of available and appropriate alternatives to incarceration;
8. Transport jailed parolees to scheduled
		  hearings in the county where the alleged violation(s) took place;
9. Be present at hearings to present the case
		  for revocation, and to provide supplemental information and security;
10. Use criteria to set the release hearing
		  month for parolees sent to the TVP (this date is for a release hearing if the
		  revoked parolee is subsequently transferred from the TVP to ADC);
11. Arrange transportation to the TVP,
		  ACC-RCF, or ADC if space is available; and
12. Process any additional supervision
		  conditions.
The Board member or PRJ conducting the preliminary or revocation
			 hearing will:
1. Hold a
		  preliminary revocation hearing when required by law or Board policy. A
		  revocation hearing may be held in lieu of a preliminary hearing. When held, the
		  preliminary revocation hearing shall begin within 14 calendar days of arrest on
		  the Board's warrant, excluding weekends, holidays, and delays caused by acts of
		  nature. A revocation hearing must begin within 14 calendar days of the offender
		  being arrested on the Board's warrant. Failure to conduct a hearing within the
		  aforementioned timeframes shall not preclude the Board or its designee from
		  conducting the hearing;
2. Conduct
		  a hearing where the parolee resides or near the community where the violation
		  is alleged to have occurred or where the parolee has been taken into custody;
		  the Board member or PRJ conducting the hearing may be at a remote location
		  using a telephone or video conference system;
3. Complete the hearing results and give
		  provide a copy of the hearing report to the supervising officer. This hearing
		  report will include a statement of the reasons for the determination made and
		  the evidence relied upon to include a summary of documents presented and
		  responses made at the preliminary or revocation hearing. The offender shall be
		  furnished a copy of the hearing report within 21 calendar days of the
		  completion of the preliminary or revocation hearing, excluding weekends,
		  holidays, and delays caused by acts of nature; and
4. Order that the offender be arrested on the
		  Board's warrant when the arrest of the offender would enhance their safety or
		  the safety of the public, or when otherwise directed by Board policy.
The Supervising Officer will:
1. Provide a copy of the hearing report to
		  the parolee;
2. Retain a copy in
		  the offender's supervision file;
3.
		  Provide a copy to the receiving facility (TVP, ACC-RCF, or
		  ADC).
3.10
-
		  Intermediate Sanctions Procedure and Grid
Notwithstanding any other policy, rule, or regulation, the Board
			 may establish an intermediate sanctions procedure and grid to guide a member of
			 the Board or PRJ in determining the appropriate response to an alleged
			 violation of conditions of supervision.
3.11
- Boot Camp Alternative
Notwithstanding any other policy, rule, or regulation, a member
			 of the Board or PRJ may order the revocation of an offender to an intensified
			 correctional, or Boot Camp, program administered by the ADC. Upon completion of
			 a Boot Camp Program, the offender shall be administratively transferred to
			 supervision in the community. An offender revoked to a Boot Camp program who
			 fails to complete the program, shall not appear before the Board until they
			 have served six (6) months in the ADC. Time served in the program shall not be
			 counted toward determining their length of stay.
Revocation to a Boot Camp Program shall be subject to eligibility
			 guidelines set by the ADC, and only upon certification by the ADC
			 Classification Administrator that the offender meets those eligibility
			 guidelines.
3.12
-
		  Appeal of Revocation Decision
A parole violator may appeal the revocation decision by
			 submitting a written appeal to the Board. Filing of an appeal will not preclude
			 sending the release violator to a residential treatment program or the TVP,
			 ACC-RCF, or ADC. However, the Board or PRJ may choose to suspend sending the
			 violator to the residential treatment facility, TVP, ACC-RCF, or ADC when the
			 Board or PRJ is aware of an appeal or intent to appeal, and if the violator has
			 not yet been taken to the TVP, ACC-RCF, or ADC.
An appeal of release revocation or the placement of additional
			 conditions is made in the following manner:
1. The appeal must be made in writing by the
		  parolee or his/her attorney to the Board within thirty (30) days from the date
		  of the revocation hearing disposition unless the time period or other
		  requirements are waived by the Board.
2. In the written appeal, the parolee or
		  his/her attorney may request a general review of the decision to revoke and ask
		  that the decision be reversed. The parolee or his/her attorney should state in
		  the appeal specific reasons for the belief that the decision should be
		  reversed.
3. The appeal shall be
		  presented to the Board as soon as practicable after it is received. The report
		  of the designee containing a summary of the evidence presented at the
		  revocation hearing, the decision of the designee, and the reasons for the
		  decisions shall also be presented to the Board.
Upon the consideration of the appeal, the Board may, by no less
			 than five (5) affirmative votes, decide:
1. To affirm the decision of the Parole
		  Revocation Judge;
2. To reverse the
		  decision of the Parole Revocation Judge, or
3. To schedule an appearance by the parolee
		  before the Board for further consideration..
If the revocation hearing was conducted by a member of the Board,
			 that member shall not consider the appeal of the revocation hearing
			 decision.
If the parolee is scheduled to appear before the Board, he/she
			 will be afforded the same rights he/she was afforded at the revocation
			 hearing.
4 - EXECUTIVE CLEMENCY
4.1
- Overview and Terminology
Clemency means kindness, mercy, forgiveness and leniency.
			 Executive Clemency is sometimes referred to in this section as
			 "clemency."
Executive Clemency is the process through which the Governor
			 considers requests for granting reprieves, commutations of sentence and pardons
			 after conviction and considers requests to remit (forgive) fines and
			 forfeitures.
A reprieve is a temporary relief from or postponement of
			 execution or criminal punishment or sentence. A reprieve is merely a stay
			 (delay) of the execution of the sentence for a certain time period which is
			 typically given to allow an offender an opportunity to reach an agreement on a
			 change to the imposed sentence.
A respite is a temporary suspension of the execution of a
			 sentence.
Commutation means a permanent change of sentence or punishment
			 such as changing a death sentence to a life sentence without parole.
			 Commutations are usually requested by incarcerated persons. Incarcerated
			 persons submit requests through the IRO.
A pardon request asks that a criminal record be removed from the
			 public record. A pardon is usually requested by a person who is no longer
			 incarcerated. Persons who are not incarcerated submit applications directly to
			 the ACC IRS office in Pine Bluff where background information is
			 gathered.
All requests are then forwarded to the Board for investigation.
			 After the investigation, the Board provides a report and recommendation to the
			 Governor. Important guidance about the executive clemency process can be found
			 in the following sections, in attachment 1, on the application form, and in
			 supplemental guidance published in a governor's memo.
4.2
- Authority for Executive
		  Clemency
The Arkansas Constitution, Article 6, Section
			 18, gives the Governor pardoning
			 power as follows:
"In all criminal and penal cases, except in those of treason and
			 impeachment, the Governor shall have power to grant reprieves, commutations of
			 sentence and pardons after conviction; and to remit fines and forfeitures under
			 such rules and regulations as shall be prescribed by law. In cases of treason
			 he shall have power, by and with the advice and consent of the Senate, to grant
			 reprieves and pardons; and he may, in the recess of the Senate, respite the
			 sentence until the adjournment of the next regular session of the General
			 Assembly. He shall communicate to the General Assembly at every regular session
			 each case of reprieve, commutation or pardon, with his reasons therefore,
			 stating the name and crime of the convict, the sentence, its date and the date
			 of the commutation, pardon or reprieve."
4.3
- Eligibility and Application for
		  Executive Clemency
The eligibility criteria for the various forms of executive
			 clemency are listed on the applications. A person who is incarcerated may
			 request an application form from IRO unless the applicant has a pending
			 clemency request. The incarcerated person must return the completed application
			 to the IRO. Once an application is submitted for screening and/or
			 consideration, the process cannot be interrupted.
For persons who are not currently incarcerated, an application
			 form can be obtained from, and completed applications sent to, the Arkansas
			 Department of Community Correction, Institutional Release Services; 2801 South
			 Olive, Suite 6-D, Pine Bluff, Arkansas 71601.
Applications for commutations and pardons may also be obtained
			 from the Board's office during normal business hours or from their website.
			 Applications obtained from the Board must still be sent to ACC IRS for
			 processing.
Inmates serving a death penalty must file an application for
			 executive clemency as described in the application form. Further information on
			 the application process can be found on pages 19 of this manual.
An application for executive clemency must set forth the grounds
			 upon which the pardon or commutation is sought. Following are examples of
			 grounds upon which an application may be filed:
(1) to correct an injustice which may have
		  occurred during the person's trial;
(2) life threatening medical condition (also
		  see Ark. Code Ann. §
									12-29-404
		  )
(3) to reduce an excessive
		  sentence; or
(4) the person's
		  institutional adjustment has been exemplary, and the ends of justice have been
		  achieved.
Any person who files for clemency and is denied by the Governor
			 shall not be eligible to reapply for a period of four (4) years from the date
			 of application. If the applicant is serving a life sentence without parole for
			 a crime other than Capital Murder, they will not be eligible to reapply for six
			 (6) years from the date of denial. If an applicant is serving a sentence of
			 life without parole for a conviction of Capital Murder, they will not be
			 eligible to reapply for eight (8) years from the date of denial. However, a
			 person who is denied by the Governor, can petition the Board for a waiver of
			 the waiting period.
4.4
- Date and Place of Filing
An application for executive clemency will be considered as
			 having been filed when it is received by ACC IRS. The address is on the
			 application form.
4.5
- Required Notice of a Clemency Request and Request for Comment
In addition to any other requirements, the Executive Clemency
			 Coordinator will solicit the written or oral recommendations from the
			 sentencing court the prosecuting attorney, and the sheriff of the county from
			 which the person was committed.
If the inmate is serving a sentence for capital murder (Ark. Code
			 Ann. §
									5-10-101 and
			 5-4-607(a)(1)
			 ) or a Class Y, Class A, or Class B felony, copies of the application will be
			 filed with the Secretary of State, the Attorney General, the Sheriff of the
			 county in which the offense was committed, the Prosecuting Attorney of the
			 judicial district in which the applicant was found guilty and sentenced and the
			 Circuit Judge who presided over the proceedings at which the applicant was
			 found guilty and sentenced or his/her successor.
If the inmate is serving a sentence for capital murder (Ark. Code
			 Ann. §
									5-10-101 ), the
			 application will also be published by the Executive Clemency Coordinator by
			 placing two insertions, separated by a minimum of seven (7) days, in a
			 newspaper of general circulation in the county in which the applicant committed
			 the offense.
For crimes described in this section, the Executive Clemency
			 Coordinator will send notification of the person's application to the victim(s)
			 (or the victim(s)' next-of-kin), at their last known address(es), when the
			 victim/next-of-kin has registered to receive such notices. The notice will
			 solicit a written or oral recommendation.
The Executive Clemency Coordinator will use eOMIS to ask the
			 Parole/Probation Officer to prepare a field report. As part of a field report,
			 the officer contacts the prosecuting attorney and asks whether there are any
			 victims or next-of-kin who have requested notification (and checks eOMIS for
			 this information). If there are, the officer sends them notification of the
			 clemency application and informs the Executive Clemency Coordinator of this
			 action. When the suspense date for comments has passed, the Executive Clemency
			 Coordinator assembles a file and sends it to the Board for
			 consideration.
4.6
-
		  Board Investigation, Review, and Report
At leas five (5) Board members will individually screen each
			 clemency application. Board members will vote to recommend whether the clemency
			 application is with or without merit or to schedule the person for a hearing
			 before the Board (a hearing is required for death sentence cases). Five (5)
			 affirmative votes shall be required to issue a recommendation or to schedule a
			 hearing. A member of the Board may request supplemental information or take
			 other reasonable actions to ensure a complete investigation prior to making a
			 decision. All Executive Clemency applications shall be returned to ACC IRS once
			 the Board has finalized its decision
If a hearing is granted, the Executive Clemency Coordinator will
			 notify the victim(s) of the crime, or the victim's' next-of-kin, and will ask
			 the IRO to schedule a hearing at least 30 days from the time notice of the
			 hearing was given to the victims(s) of the crime, or the victim's'
			 next-of-kin.
4.7
-
		  Hearing Process
An applicant for executive clemency who appears before the Board
			 may be accompanied by supporters, including his/her attorney. If the person is
			 not incarcerated in this state, his/her appearance before the Board is not
			 necessary. The Board shall consider the statements of the applicant and a
			 spokesperson, the applicant's file, reports from law enforcement, a presentence
			 report and any documentary evidence presented by the applicant or other
			 interested persons, including the victims(s) of the crime, or the victim's'
			 next-of-kin. On the basis of this information, the Board will vote (1) to
			 recommend that the application is with merit, or (2) to recommend that the
			 application is without merit. If the Board recommends that the application is
			 with merit, it may specify the nature and terms of the commutation being
			 recommended. There are some differences in this process for inmates sentenced
			 to death, as described in the "Supplemental Guidance Pertaining to Death
			 Sentence Cases" paragraph.
4.8
- Supplemental Guidance Pertaining
		  to Death Sentence Cases
In death sentence cases, executive clemency requests must be in
			 the time period described on the application form. When the Governor sets an
			 execution date, the Institutional Release office will cause to be sent to the
			 inmate and the inmate's attorney of record certified letters informing them
			 that an application for executive clemency must be filed no later than 40 days
			 prior to the scheduled execution date. Executive clemency requests filed late
			 will not be considered. The last date on which an application for executive
			 clemency will be accepted will be specified in the letters. This date will be
			 determined by counting back 40 days from the scheduled date of execution, with
			 the day preceding the scheduled date of execution being counted as day 1. If
			 the 40th day is a Saturday, Sunday, or holiday, an
			 application filed on the next business day will be accepted.
At least 30 days prior to the execution date, the Board, with a
			 quorum of members present, must conduct a hearing with the inmate who has
			 submitted an executive clemency request. Additional instructions can be found
			 within the attachment section of this manual. In clemency death sentence cases,
			 a hearing is mandatory.
4.9
- After the Board Review/Hearing
The Board shall submit to the Governor its recommendation, a
			 report of the investigation, and all other information the Board may have
			 regarding the applicant (Ark Code Ann. §
									16-93-204 ).
			 All applications for executive clemency considered by the Board, with the
			 non-binding recommendation will be forwarded to the Governor for final
			 action.
4.10
-
		  Clemency Appeals
There is no appeal of the Board's recommendation. There is no
			 appeal of the Governor's decision. When the situation merits a new clemency
			 application may be submitted, subject to the statutory timeframes listed in
			 this manual.
5 - BOARD MANAGEMENT AND ADMINISTRATION
5.1
- Committees of the Board
In order to ensure effective oversight of agency operations, the
			 Chairman may establish certain committees comprised of members of the Board
			 which shall monitor operational areas and/or address certain issues. Members of
			 the Board's support staff may be invited to provide information at the request
			 of a committee. However, only members of the Board shall have the ability to
			 vote in a committee meeting.
Committees of the Board shall be designated as either 'Standing"
			 or 'Special." The formation, scope, and membership of Standing Committees are
			 established by the provisions of this Manual and may only be altered following
			 the policy revision process outlined in the "Policy Manual Availability and
			 Review" section of this Manual. The Board Chair may refer issues to a Standing
			 Committee not specially listed in its mission and/or scope but which are
			 related to its subject matter. Appointments to Standing Committees shall occur
			 during the same February meeting as the election of Vice-Chair and Secretary.
			 Special Committees may be established at the discretion of the Board Chairman.
			 The scope, duration, and membership of Special Committees shall be limited by
			 the discretion of the Board Chair.
The following are Standing Committees of the Board:
Fiscal Committee - This committee is responsible for monitoring
			 the fiscal activities of the Board and ensuring that appropriate fiscal
			 controls are in place. It is also responsible for making policy recommendations
			 to the Chairman regarding budget, procurement, inventory control, and other
			 related functions. Three (3) working days prior to the last Board meeting in a
			 calendar month, the Board's fiscal officer, or another designated employee,
			 shall file with the Board Chair and Fiscal Committee Chair a report detailing
			 the previous month's expenditures. That same report shall be presented at the
			 upcoming
Board Meeting. The report shall contain expenditures by General
			 Ledger Code and provide the remaining fund balance(s) at the end of the
			 reporting period. The Chairman may also direct the Fiscal Committee to review
			 budget requests prior to submission for executive and legislative approval.
			 Membership of the Fiscal Committee shall consist of no less than (3) three
			 Board members but no more than four (4) Board members appointed by the Chair.
			 One of the members must be the Board's Vice-Chair who shall Chair the Fiscal
			 Committee.
Personnel Committee - This committee is responsible for reviewing
			 and recommending changes to agency personnel policies to include but not
			 limited to changes in the Board's Employee Manual and applicable Administrative
			 Directives. The Personnel Committee Chair is responsible to for coordinating an
			 annual review of the Employee Manual and reporting the findings of that review
			 to the Chair, this committee may review applicants for vacant positions within
			 the agency and make hiring/promotion recommendations to the Chair. The Chair
			 may also direct the Personnel Committee to review personnel requests prior to
			 submission for executive and legislative approval. Membership of the Personnel
			 Committee shall consist of no less than (3) three Board members but no more
			 than four (4) Board members appointed by the Board Chair. One of the members
			 must be the Board's Secretary who shall Chair the Personnel Committee.
The Chair may submit budget and personnel request to the full
			 Board for review and approval prior to submission for executive and legislative
			 approval, without first referring them to a Committee.
However, nothing in this Manual, or a related policy, shall be
			 interpreted to limit the ability of the Chair to submit budget and personnel
			 requests for executive and legislative approval without the review and approval
			 of the full Board.
All committees shall meet at the call of the Committee Chair,
			 Board Chair, or a majority of the Committee's membership. Committee Chairs are
			 required to provide adequate notice to the Administrative Services Section of
			 their committee's meeting schedule to allow for the required public
			 notification. Committee Chairs are also responsible for filing a written
			 summary of their meetings with the Administrative Services Section. No
			 committee action shall be considered final until it has been ratified by the
			 Chair or Full Board in accordance with applicable State law and Board
			 policy.
The Chair shall serve as an ex-officio member on all
			 committees.
5.2
-
		  Policy Manual Availability and Review
The Chair of the Board shall:
1. Ensure that ADC and ACC make this policy
		  manual readily available to inmates, residents and parolees;
2. Ensure that this policy manual is readily
		  available online to members and staff of the Board, in addition to members of
		  the general public;
3. Initiate an
		  annual review of this policy manual, and all other Board policies, by the full
		  Board and will ensure that revisions and updates are undertaken when necessary;
		  and
4. Designate a single member of
		  the Board's support staff to maintain this manual.
Revisions to this policy manual must receive the affirmative vote
			 of no less than five (5) members of the Board. Revisions shall not take effect
			 until they have been through the review and approval process as prescribed by
			 Executive Order and in State law.
5.3
- Access to Persons and
		  Records
All ADC and ACC officials have a legal duty to grant to Board
			 members and properly accredited Board representatives, access at all reasonable
			 times to any person over whom the Board has jurisdiction, to provide facilities
			 for communicating with and observing such persons, to furnish the Board such
			 reports as the Board shall require concerning the conduct and character of any
			 person in the custody of the ADC or ACC, and to provide any information deemed
			 pertinent by the Board in determining whether a person shall be
			 released.
5.4
-
		  Legal Assistance
Board members may seek legal advice from the ACC Staff Attorney
			 or an assigned attorney at the State Attorney General's Office. The State
			 Attorney General will represent the Board when required.
5.5
- Inspection of Records
5.5.1
General Instructions
- No
		  member of the Board or its support staff shall release information to inmates,
		  members of the media, or the public unless authorized in this manual or in
		  writing by the Chair, or the designee of the Chair.
5.5.2
Inspection of Parole and
		  Executive Clemency Files
- Pursuant to the provisions of Ark. Code Ann.
		  §
									16-93-202,
		  the following portions of Parole and Clemency files will be provided by the
		  Chair or the designee of the Chair for inspection upon request by a person
		  having a proper interest therein and whenever the interests or welfare of the
		  person involved make inspection desirable or helpful: 153 forms, Executive
		  Clemency (commutation & pardon) applications, and vote worksheets. The
		  release of any other information not restricted by law requires the expressed
		  permission of the Board Chair. The Board Chair or their designee may release
		  any information to researchers and others involved in monitoring or studying
		  the criminal justice system not restricted by law.
5.5.3
Online Inspection of
		  Records
- To the extent permitted by federal law, the Board shall cause
		  to be posted on its website the following information concerning an inmate who
		  is being considered for parole no less than six (6) months before his or her
		  PE/TE date, or the date the Board, or its designee, determines eligibility for
		  parole or transfer if inmate is past their PE/TE date:
1. The inmate's name;
2. The inmate's ADC identification
		  number;
3. The inmate's projected
		  hearing date;
4. The number of
		  previous parole and/or probation revocations;
5. The most current photograph of the inmate
		  provided by the ADC or ACC; and
6.
		  A link to the inmate's demographic profile as required by Ark. Code Ann. §
										12-27-144.
The Board shall ensure that the information posted is constantly
			 update and also instruct the victim of a crime, the victim's parent or legal
			 guardian, or the victim's next of kin on how to contact the Board and provide
			 information on the inmate. The information posted shall remain available online
			 until the inmate's parole has been either granted or denied.
5.5.4 Legislative Inspection
		  Records - Pursuant to the provisions of A.C.A. §
									16-93-202(e),
		  the Board shall ensure that an employee assigned to one or more of the
		  following legislative committees has access to view all classification,
		  disciplinary, demographic, and parole hearing records of a current or former
		  inmate or parolee is currently or was formally granted parole by the Board:
1. Senate Committee on Judiciary;
2. House Committee on Judiciary; or
3. The Charitable, Penal and Correctional
		  Institutions Subcommittee of the Legislative Council.
Access shall be granted to the authorized employees through the
			 State's electronic offender management information system (eOMIS). Upon
			 granting access, the Board shall provide the employee with a statement that at
			 minimum includes the following language:
"You have been provided access to the State's electronic offender
			 management information system (eOMIS) for the sole purpose of allowing a member
			 of the General Assembly or an employee of the House of Representatives, Senate,
			 or the Bureau of Legislative Research acting on the member's behalf to view all
			 classification, disciplinary, demographic, and parole hearing records of a
			 current or former inmate or parolee is currently or was formally granted parole
			 by the Board. Unauthorized access or disclosure of data may result in immediate
			 denial of access.
Any record requested to be viewed is privileged and confidential
			 and shall not be shown to any person not authorized to have access to the
			 record and shall not be used for any political purpose including without
			 limitation to political advertising, fundraising, or campaigning."
5.6
-
		  Expunging Records (Act 378 Participants)
A person sentenced to the Department of Correction under Act 378
			 of 1975, as amended (Ark Code Ann. § 16-93-501 et seq.), shall receive an
			 expungement of his/her records by the following process:
After the person discharges the entire sentence imposed by the
			 Court, a report will be submitted by the ADC to the Board Chairperson. After
			 reviewing the information, the Chairperson shall approve an expungement, if
			 required by law.
Upon approval, the Chairperson, or their designee, shall complete
			 a Certificate of Expungement, which shall be forwarded to the person by the ADC
			 staff.
The ADC staff will notify all pertinent law enforcement agencies
			 and the Circuit Clerk's office(s) that the person's record has been expunged.
			 The record will then be sealed and sequestered, to be made available only to
			 law enforcement or judicial officials.
5.7
- Participation of Parolee in Law
		  Enforcement Undercover Operations
The Board will not authorize a parolee to participate in any Law
			 Enforcement Undercover Operation. However, the ACC Director may authorize
			 parolee participation in undercover investigations in a manner consistent with
			 ACC policy.
5.8
-
		  Additional Information about Related Activities Accomplished by Other
		  Agencies
In addition to related tasks described elsewhere in this manual,
			 other agencies accomplish the following tasks in support of the Board's
			 mission.
The agency to which an offender is committed (ADC or ACC) will
			 promptly inform every registered victim and next-of-kin of the offender's
			 estimated date of release from incarceration, as well as each of the following
			 events:
* An escape from a correctional facility or community
			 program;
* A recapture;
* A decision of the Governor to commute the sentence or to
			 pardon;
* A release from incarceration and any conditions attached to the
			 release; and
* The offender's death
5.9
- Facilities and Equipment
The Chairperson will ensure staff has adequate equipment and
			 space with appropriate privacy as necessary for the effective and efficient
			 processing of business.
5.10
- Planning, Goals, Objectives,
		  and Program Coordination
The Chairperson must accomplish the following:
1. Participate in Board of Corrections
		  meetings to facilitate planning.
2.
		  Meet at least annually with the ADC and ACC Directors, and as necessary with
		  the Sentencing Commission to coordinate programs and facilitate joint
		  State-wide planning.
3. Meet at
		  least semiannually with the director(s) of institutions from which parole is
		  granted.
4. Ensure the Board has
		  written long-range goals and related objectives and that these are reviewed,
		  updated as needed, and evaluated for progress.
5. Maintain regular liaison with appropriate
		  legislative committees, during at least each regular session of the
		  legislature, for the purposes of offering advice and opinions on appropriate
		  legislative matters.
The Chairperson or designee will meet at least annually with the
			 administrative staff of the parole investigation and supervision agency to
			 ensure a means exists for coordinating efforts, to undertake joint planning,
			 and to agree on means of implementing and evaluating such plans. The
			 Chairperson a or designee will meet at least annually with representatives of
			 relevant criminal justice agencies, police, prosecution and courts to develop a
			 means of coordinating programs, to undertake joint planning and to agree on
			 means of implementing and evaluating such plans.
Each Board member will visit one or more institutions and a
			 representative sample of community facilities at least annually, specifically
			 for the purpose of meeting with staff and inmates/residents to exchange
			 information about programs, institutional operations, and parole policies and
			 procedures. The Chairperson, as the chief administrative officer of the Board,
			 is exempted from this requirement. Minutes or notes from such visits must be
			 provided to the Accreditation Coordinator.
Board members and -s Parole Revocation Judges must initiate
			 ongoing interaction with the Parole/Probation Services staff through such means
			 as conferences, seminars, training sessions, and visits to field
			 offices.
5.11
-
Financial Processes and Controls
The Board must have a budget system which links continuing basis
			 agency functions and activities to the costs necessary for their support. There
			 must be a clearly defined budget which provides for personnel, operating, and
			 travel costs sufficient for the operation of the Board. The Chair must ensure
			 the budgetary process includes financial controls and monitoring of expenses.
			 The Chair must ensure a detailed budget request is submitted and must
			 participate in the legislative budget allocation process. Pursuant to A.C.A.
			 §
									16-93-201
			 the Chair may permit the Board to review and approve budget and personnel
			 requests prior to submission for executive and legislative approval.
5.12
- Additional
		  Chairperson Duties
The Chair has the following additional administrative
			 responsibilities:
1. Exercise general
		  supervisory authority over the members and staff to include:
a. Organizing, controlling, and tracking the
		  work of the Board's support staff;
b. Establishing and regulating Board member
		  work schedules and job assignments; and
c. Notifying the Governor that a member of
		  the Board has been derelict in his or her duties or no longer meets the
		  eligibility requirements to serve on the Board and providing written notice of
		  the notification to the affected member.
2. Chair and approve agenda items for Board
		  meetings
3. Serve as the official
		  spokesperson for the Board, or appoint a designee to serve as a spokesperson,
		  as long as the Chair ensures that the fully understands the Board's policies
		  and positions on matters of public interest.
5.13
- Personnel & Staffing
		  Guidelines
The Chairperson will from time to time assess the staffing mix to
			 determine it reasonably matches the local population in terms of racial mix,
			 thereby meeting or exceeding the intent of the affirmative action program. When
			 necessary, deficiencies will be documented and an affirmative action plan will
			 be put in place. Pay rates will also be assessed to ensure they compare
			 favorably with comparable positions in the community.
Parole Revocation Judges must have a minimum of a Juris Doctorate
			 unless there is documented justification of experience that can be reasonably
			 substituted. At least 2/3 of the Parole Revocation Judges must have at 3 or
			 more years experience in a criminal justice or juvenile justice experience, or
			 equivalent experience in a relevant profession
5.14
- Data Collection, Research,
		  Analysis, and Reports
The Board will gather data throughout the year from such sources
			 as eOMIS. At least annually the Board will review and analyze the parole
			 decision-making, statistical, and research data.
Consistent with confidentiality requirements, the Chairperson or
			 his/her designee will collaborate with criminal justice and human service
			 agencies on programs of information gathering, exchange, and standardization,
			 including national data collection efforts.
Board and staff members and external research professionals are
			 encouraged to conduct research.
Board members and designated staff will work with researchers in
			 deciding which questions should be addressed, which data should be gathered,
			 and how data should be presented.
The Board Chairperson must review and approve all research study
			 plans before implementation. This review should ensure the privacy interests of
			 offenders and other parties for the cases understudy are protected.
The Board Chairperson and others involved in parole
			 decision-making will use statistical and research data among other factors in
			 making decisions and policy development.
The Board and staff will use the eOMIS as a key element in their
			 research and decision-making system.
The Board will collect data for outcome measures by using eOMIS
			 or other means. Outcome measures may be based on ACA recommendations, the
			 uniform parole reporting system, or internally developed data elements. As part
			 of this process, the Chairperson or designated staff members will obtain
			 information from eOMIS at least quarterly.
Custom reports, to display eOMIS data suitable for outcome
			 measures and special studies, may be requested from the ACC Research and
			 Evaluation section.
The Chairperson will ensure results of significant research
			 projects are provided to the appropriate staff and others. Additionally, copies
			 will be made available to the public upon request.
Beginning October 1, 2011, the Board shall file, in an electronic
			 format, a monthly report to the Chairs of the House and Senate Judiciary
			 Committees, the Legislative Council, the Board of Corrections, the Governor's
			 Office, and the Commission on Disparity in Sentencing. This report shall
			 contain the number of persons who make application for parole and those who are
			 granted or denied parole during the previous month for each criminal offense
			 classification, a breakdown by race of all persons sentenced in each criminal
			 offense classification, the reason for each denial of parole, 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).
			 A copy of this report shall be provided to the Board at its next regular
			 meeting following the filing of the report.
Beginning October 1, 2015, the Chairman, on behalf of the Board,
			 shall quarterly, and electronically, file with the Legislative Council a report
			 containing all new and revised administrative directives issued in the previous
			 quarter by:
1. The Board;
2. The Chairman of the Board;
3. The Administrative Manager of the
		  Board,
4. The Administrator of the
		  Board; and
5. Staff of the Board.
A copy of this report shall be provided to the Board at its next
			 regular meeting following the filing of the report.
The Board will also file an annual report with the Governor's
			 Office and the General Assembly before February 1 of each year for the
			 preceding year. Following its adoption by the Board, the report shall be filed
			 in an electronic format with the General Assembly and shall be submitted only
			 to the Speaker of the House, the President Pro Tempore of the Senate, the lead
			 sponsor of the legislation authorizing preparation of the report, and the
			 Director of the Bureau of Legislative Research. The report shall contain
			 statistical and other data concerning the work of the Board, including research
			 studies which it may make on parole or related functions. A copy of the report
			 shall be published to the Board's website.
The Board shall cooperate with, and upon request make
			 presentations and provide various reports, to the extent the Board's budget
			 will allow, to the Legislature. The presentations shall consist of a review of
			 Board policy and discretionary offender programs and services.
Presentations to the Legislative Criminal Justice Oversight
			 Taskforce shall be made as directed by the taskforce and include performance
			 and outcome measures related to the implementation of Act 895 of 2015 or any
			 other topic requested by the Taskforce and within the power pf the Board to
			 provide.
6-ATTACHMENTS
Attachment 1
Click
			 here to view image
Attachment 2
ARKANSAS PAROLE BOARD
POLICIES AND PROCEDURES FOR EXECUTIVE CLEMENCY
			 APPLICATION
BY PERSONS SENTENCED TO DEATH
1. Any person sentenced to death may apply
		  for executive clemency (Arkansas Constitution, Article 6, Section
		  18 ).
2. An application for executive clemency must
		  be filed no later than 40 days prior to the scheduled execution date.
3. An application for executive clemency will
		  be considered as having been duly filed once it is received at the Arkansas
		  Department of Community Correction, Institutional Release Services; 2801 South
		  Olive, Suite 6-D, Pine Bluff, Arkansas 71601.
4. All exhibits or supporting documentation
		  to be considered by the Board should be attached to the executive clemency
		  application at the time of filing.
5. The application shall set forth the
		  specific reasons or grounds upon which executive clemency is requested. Failure
		  to set forth specific grounds shall be cause for rejection and return of the
		  application.
6. The Board, meeting
		  in regular or special session, will interview the inmate concerning their
		  request for executive clemency at least 30 days prior to the execution
		  date.
7. The applicant's attorney
		  will submit a list of all persons who will appear at the executive clemency
		  hearing on behalf of the inmate to the Board and the Warden of the maximum
		  security unit on the day prior to the hearing. The list must show complete
		  names and relationship to the inmate.
8. The time allocated for all presentations
		  and/or testimony by the inmate, attorney and/or witnesses at the executive
		  clemency hearing will be limited to a total of two hours.
9. No more than four (4) persons (the inmate,
		  attorney, and two others) may present arguments and/or testify to the Board at
		  the executive clemency hearing. The Board will accept written statements by
		  other interested persons.
10. Tape
		  recordings of the executive clemency hearing will not be transcribed, but will
		  be sent directly to the governor with the clemency file and supporting
		  evidence. The inmate is responsible for providing recorders and/or
		  stenographers should a transcript be desired.
11. The Board's decision will be available
		  within 72 hours after the completion of hearings for the inmate and
		  protesters.
12. The Board
		  Chairperson, with the approval of the Board, will make an exception to these
		  policies and procedures in the interest of justice.
Attachment 3
Arkansas Parole Board Conditions of Release
1.
REPORTS.
You must
		  report to your supervising officer the next day after you are released unless
		  that day is a weekend or holiday. In such cases you must report the next day
		  the Parole Office is open. Thereafter, you must report as instructed by your
		  supervising officer. All written and oral statements made by you to your
		  supervising officer must be truthful.
2.
EMPLOYMENT/EDUCATION.
You
		  must maintain approved employment or be enrolled in an approved education
		  program unless otherwise directed. You must obtain permission from your
		  supervising officer before quitting your employment or education program, if
		  you lose your job or are terminated from your education program, you must
		  notify your supervising officer within 48 hours.
3.
RESIDENCE AND TRAVEL.
You
		  must obtain prior approval from you supervising officer to change your place of
		  residence, stay away from your approved residence overnight, or leave your
		  assigned county.
4.
LAWS.
You must obey all federal and state laws, local ordinances and
		  court orders. You are required to pay all court-ordered fines, fees, and/or
		  restitution. You must report any citations or summons to your supervising
		  officer on the next regular workday. You must report in person following your
		  release from an arrest, release from parole hold, and any other contact with
		  law enforcement authorities on the next regular workday.
5.
WEAPONS.
You must not own,
		  possess, use, pawn, sell or have under you control any firearm (or imitation)
		  or other dangerous weapon, or be in the company of any person possessing such
		  weapons. You must not possess any ammunition.
6.
ALCOHOL/CONTROLLED
		  SUBSTANCES.
You will avoid the excessive use of alcohol, or abstain
		  completely if directed, and will stay out of bars, taverns, clubs, and liquor
		  stores. You must not sell, deliver or possess, or use controlled substances
		  except as prescribed by a physician. You will submit yourself to random testing
		  for the use of intoxicants and/or controlled substances.
7.
ASSOCIATION.
You must not
		  associate with convicted felons, persons who are engaged in criminal activity,
		  or other persons with whom your supervising officer instructs you not to
		  associate. (Association with convicted felons at work, in counseling programs,
		  in church, or in other locations and circumstances specifically approved by the
		  Parole Board or your supervising officer is not prohibited).
8.
SUPERVISION FEES.
You must
		  pay a monthly supervision fee unless granted an exemption. Community service
		  work in lieu of supervision fees may be required.
9.
COOPERATION.
You must, at all
		  times, cooperate with your supervising officer and the Parole Board. You must
		  submit yourself to any rehabilitative, medical, or counseling program that the
		  Parole Board or your supervising officer deems appropriate.
10.
SEARCH AND SEIZURE.
You must
		  submit your person and/or property, place of residence, and motor vehicles to
		  search and seizure at any time, day or night, with or without a search warrant
		  by any Arkansas Department of Community Correction officer. You must also
		  submit your person, place of residence, or motor vehicle to search at any time,
		  day or night, whenever requested by any other certified law enforcement
		  officer.
11.
WAIVER OF
		  EXTRADITION.
Your acceptance of conditional release constitutes an
		  agreement to waive extradition to the State of Arkansas from any jurisdiction
		  in or outside the United States where you may be found, and you also agree that
		  you will not contest any effort by any jurisdiction to return you to the State
		  of Arkansas to answer a charge of violation of any of the conditions of your
		  release.
12.
SPECIAL
		  CONDITIONS.
The Board may set special conditions and the parolee must
		  abide by any special conditions set by the Board, e.g., mental health, alcohol
		  and/or drug abuse treatment program, or community service in lieu of fee
		  exemption.
Attachment 4
Arkansas Parole Board
Act 679 Conditions of Release
(For Offenders Released under Act 679 of
			 2005)
1.
EMPLOYMENT:
You must maintain approved employment to be housed in the
		  Transitional Living Facility. You must obtain permission from the Transitional
		  Living Facility staff before quitting your employment. Termination from
		  employment will result in removal from the Transitional Living
		  Facility.
2.
RESIDENCE:
You must be physically located at the Transitional Living
		  Facility at all times unless you are at an approved employment site or unless
		  approved in writing by your supervising officer.
3.
LAWS:
You must obey all
		  federal and state laws, local ordinances and court orders. You are required to
		  pay all court ordered fines, fees and restitution. You must report any arrest,
		  citation, or summons to your supervising officer within 48 hours.
4.
WEAPONS:
You must not own,
		  possess, use, pawn, sell, or have under your control any firearm (or imitation)
		  or other dangerous weapon, or be in the company of any person possessing such
		  weapons. You must not possess any ammunition.
5.
ALCOHOL/CONTROLLED
		  SUBSTANCES:
You will avoid the use of alcohol and all controlled
		  substances. You must not sell, deliver, possess, or use controlled substances
		  except as prescribed by a physician. You will submit yourself to random
		  testing.
6.
COOPERATION:
You must, at all times, cooperate with the Transitional
		  Living Facility staff and staff of the Arkansas Parole Board, Arkansas
		  Department of Community Correction, and Arkansas Department of
		  Correction.
7.
SEARCH AND
		  SEIZURE.
You must submit your person, place of residence, and motor
		  vehicles to search and seizure at any time, day or night, with or without a
		  search warrant by any Arkansas Department of Community Correction officer. You
		  must also submit your person, place of residence, or motor vehicle to search at
		  any time, day or night, whenever requested by any other certified law
		  enforcement officer.
8.
SPECIAL CONDITIONS:
I agree to abide by the specific rules and
		  conditions established by the Transitional Living Facility to which I am being
		  released. A signed copy of these rules will be attached to this document.
Attachment 5
A Resolution of the Arkansas Parole Board
Regarding Minimum Length of Stay at Transitional Living
			 Facilities
Approved and Adopted on June 26, 2014
WHEREAS, the mission of the Arkansas Parole Board ("the Board" or
			 "Board") is to "promote public safety by the return of offenders into the
			 community through supervised conditional release."
WHEREAS, Arkansas Parole Board Manual requires among other things
			 that the Board considers (1)"The nature of the release plan, including the type
			 of community surroundings in the area the person plans to live and work. (2)
			 The results of a validated risk/needs assessment. (3) The offender's
			 susceptibility to drugs or alcohol and (4) The offender's basic good physical
			 and mental health."
WHEREAS, the Board allows offenders to parole out to a licensed
			 Transitional Living Facility.
WHEREAS, Transitional Living Facilities generally provide
			 treatment programs and support services to their residents.
WHEREAS, the Board realizes the value of these treatment programs
			 and support services in the reintegration of offenders in to the
			 community.
WHEREAS, a period of 60 days has been determined, through
			 communication with parole supervision staff and management of Transitional
			 Living Facilities, to be an adequate time period to deliver these treatment
			 programs and support services.
WHEREAS, Arkansas Law establishes that every offender, while
			 under parole supervision, shall be subject to the orders of the Board.
NOW THEREFORE BE IT RESOLVED, that the Arkansas Parole Board
			 during its June 26, 2014 Board meeting passed this Resolution in establishment
			 of a mandatory standard requiring offenders to remain at the Transitional
			 Living Facility they are initially released to for a period of no less than 60
			 days. This requirement shall remain in effect until a written waiver has been
			 received from the Board. This requirement shall not apply to offenders released
			 under the provisions of Act 679 of 2005. They shall adhere to the Act 679
			 Program Rules.
Attachment 6
Discretionary Offenses (Offenses for which the Parole
			 Board CAN DENY Parole)
Offenses COMMITTED on or after 1/1/1994
* Murder in the 1st degree
* Kidnapping
* Rape
* Aggravated Robbery
* Causing a Catastrophe
* Engaging in a continuing Criminal Enterprise
Offenses COMMITTED on or after 7/30/1999
* Capital Murder
* Murder in the 2nd degree
* Manslaughter
* Negligent Homicide
* Simultaneous Possession of Drugs and Firearms
* Battery in the 1st degree
* Domestic Battering in the 1st
			 Degree
* Sexual Assault in the 1s1
			 degree
* Sexual Assault in the 2nd
			 degree
Offenses COMMITTED on or after 2/20/2013
Any offense for which an inmate is required, upon release, to
			 register as a sex offender under the Sex Offender Registration Act of 1997
			 other than Rape, Sexual Assault in the 1st degree, and Sexual Assault in the
			 2nd degree (see previous sections).
Offenses COMMITTED on or after 08/16/2013
* Attempted Capital Murder
* Attempted Murder in the 1st
			 Degree
* Attempted Aggravated Robbery
* Terroristic Act
* Arson
* Aggravated residential burglary
* Unlawful discharge of a firearm from a vehicle
* Offenses related to acts of terrorism
* Soliciting Material Support for Terrorism
* Providing Material Support for a Terrorist Act
* Making a Terrorist Threat
* Falsely Communicating a Terrorist Threat
* Terrorism
* Hindering Prosecution of Terrorism
* Exposing the Public to Toxic, Biological, or Radioactive
* Use of a Hoax Substance
Offenses COMMITTED on or after 04/02/2015
* Battery in the 2nd Degree
* Aggravated Assault
* Terroristic Threatening
* Domestic Battering in the 2nd
			 degree
* Residential Burglary
Attachment 7 Offenses Requiring a Mandatory Parole
			 Revocation Hearing under Act 1029 of 2013
1. Violent felonies referenced in A.C.A
		  §
									5-4-501(d)(2):
* Murder in the first degree, §
										5-10-102
* Murder in the second degree, §
										5-10-103
* Kidnapping, §
										5-11-102
* Aggravated robbery, §
										5-12-103
* Rape, §
										5-14-103
* Battery in the first degree, §
										5-13-201
* Terroristic act, §
										5-13-310
* Sexual assault in the first degree, §
										5-14-124
* Sexual assault in the second degree, §
										5-14-125
* Domestic battering in the first degree, §
										5-26-303
* Residential Burglary, §
										5-39-201(a)
* Aggravated residential burglary, §
										5-39-204
* Unlawful discharge of a firearm from a vehicle, §
										5-74-107
* Criminal use of prohibited weapons, §
										5-73-104,
			 involving an activity making it a Class B felony
* A felony attempt, solicitation, or conspiracy to commit:
(a) Capital murder, §
										5-10-101
(b) Murder in the first degree,
		  §
										5-10-102
(c) Murder in the second degree,
		  §
										5-10-103
(d) Kidnapping, §
										5-11-102
(e) Aggravated robbery, §
										5-12-103
(f) Rape, §
										5-14-103
(g) Battery in the first degree, §
										5-13-201
(h) Domestic battering in the
		  first degree, §
										5-26-303
(i) Residential Burglary, §
										5-39-201(a)
(j) Aggravated residential
		  burglary, §
										5-39-204
2. A conviction of a
		  comparable felony involving violence from another jurisdiction.
3. A felony requiring registration under the
		  Sex Offender Registration Act of 1997
Attachment 8
Employee Acknowledgement of Parole Board Policy
			 Manual
Please acknowledge by signing that you have read and understand
			 the Arkansas Parole Board Policy Manual.
All employees or officials of the Arkansas Parole Board are
			 responsible for complying with all pertinent policies. The Fiscal/Human
			 Resources Section will place a signed copy of this form in your personnel
			 file.
This form must be signed and returned within five days of
			 receipt.
Click here
			 to view image