Arkansas Administrative Code › Agency 158 - Arkansas Parole Board › Rule 158.00.02-001 - Revision of Policies and Procedures Manual

Current through Register Vol. 49, No. 6, June, 2024
I.
COMPOSITION OF THE BOARD
The Arkansas Post Prison Transfer Board (Board) is composed of
			 seven members appointed by the Governor and confirmed by the Senate. Each
			 member is appointed for a term of seven years. The Board is required to
			 consider persons eligible for parole, release, or transfer and to determine
			 which persons shall be placed under supervision and/or to establish the
			 conditions under which such persons shall be released.
The Board is also responsible for reviewing all pardon and
			 executive clemency applications and making non-binding recommendations to the
			 Governor.
The Governor shall appoint the Chairperson of the Board. The
			 Board shall elect, during the month of February, a Vice-Chairperson and a
			 Secretary to serve as officers for the upcoming year. Officers shall be elected
			 by a majority of members present and voting. If an office becomes vacant in the
			 interim, the Board shall elect, at its next regular meeting, a member to serve
			 in that office until the next election. A special election of officers may be
			 called at any time at the request of a majority of the members. The duties of
			 the officers shall be as follows:
Chairperson
- The Chairperson shall preside over the
			 meetings of the Board and shall perform other duties as required during the
			 periods between Board meetings. Unit assignments shall be made between
			 Full-time Board members upon notification of the Chairperson. Additionally, the
			 Chairperson may assign the Part-time Board member to fill an assignment if
			 necessary due to illness, vacation, or other valid reason of the full-time
			 Board membership. Shall serve bylaw as a member of the Board of
			 Correction.
Vice-Chairperson
- In the temporary absence of the
			 Chairperson, the Vice-Chairperson shall perform the duties of the
			 Chairperson.
Secretary
- In the temporary absence of the
			 Chairperson and the Vice-Chairperson, the Secretary shall perform the duties of
			 the Chairperson. The Secretary shall be responsible for the recording of the
			 minutes of all Board meetings.
Board Members
- Each Full-time Board member shall
			 have the right to vote on each consideration presented. Five (5) votes are
			 required. The Part-time Board member may vote when designated to fill an
			 assignment as defined under duties of the Chairperson; additionally, the
			 Part-time Board member may vote on requests for clemency and pardon.
II.
QUORUM
A quorum of five members will be designated to vote on each file.
			 A member who abstains for cause is not eligible to vote and shall not be
			 counted in determining whether there is a quorum. It is sufficient that a
			 motion, decision, or proposition receives a majority of the votes actually
			 cast..
III.
RECUSAL
No member of the Board should participate in the determination of
			 any matter before the Board if he/she is closely related to the person, the
			 person's attorney, or the victim; or if he/she has 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 he/she knows would affect or reasonably
			 give the appearance of affecting his/her judgment in the matter; or if he/she
			 has served as counsel for either party in legal proceedings concerning the
			 person; or if he/she has any other interest in the proceeding that he/she knows
			 would affect or reasonably give the appearance of affecting his/her judgment in
			 the matter. The responsibility for determining the appropriateness of a
			 member's recusal under the guidelines established by this policy shall be
			 solely upon that member. Neither the Board nor any member of the Board shall
			 have the duty to request or the authority to compel any member to recuse. In
			 establishing these guidelines for recusal for members of this Board, it is not
			 the intent of the Board to create a right or basis to challenge the actions of
			 this Board, or any member of the Board, which is not otherwise provided by the
			 laws or Constitution of this State or the United States. In the event a Board
			 member abstains or recuses from a vote for parole, transfer, pardon or
			 clemency, this action is final and cannot be changed.
IV.
GENERAL PROCEDURES
The Board may designate a panel for the interviewing of persons
			 for possible parole, transfer and executive clemency. In addition to a board
			 member, a panel may be comprised of one of the following: a hearing examiner, a
			 designated official of the Department of Correction, a designated official of
			 the Department of Community Correction, (or a designated official selected by
			 the board member interviewing).
Inmates convicted of Capital Murder, Murde-1st Degree, Murder-2nd
			 Degree, Manslaughter, Negligent Homicide, Kidnaping (Class Y), Rape, Aggravated
			 Robbery, Causing a Catastrophe, Engaging in a Continuing Criminal Enterprise,
			 Simultaneous Possession of Drugs and Firearms, Sexual Abuse -1st Degree,
			 Battery-1st Degree, or Domestic Battery-1st Degree are eligible for
			 discretionary transfer after serving the time required, as set forth by the
			 Arkansas Sentencing commission, with credit for good time as established by law
			 and/or regulation.
V.
ACCESS TO PERSONS AND RECORDS
All Department of Correction and Department Community Correction
			 officials have a legal duty to grant to the members of the Board, or its
			 properly accredited 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 Department of Correction or Department of
			 Community Correction and to provide any information deemed pertinent by the
			 Board in determining whether a person shall be released.
Inspection of Records
Parole and Clemency Request Files - Pursuant the provisions of
			 A.C.A.
			 16-93-202,
			 the following portions of Parole and Clemency Request files be provided 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:
a. Cover
		  sheet;
b. 153 forms; and
c. Vote sheet