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16-90-1113. Consideration and release of a victim impact statement during an inmate's parole determination.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-1113. Consideration and release of a victim impact statement during an inmate's parole determination.
(a)(1)(A) Before determining whether to release the inmate on parole, the Parole Board shall permit the victim to present a written victim impact statement at a victim impact hearing concerning the effects of the crime on the victim, the circumstances surrounding the crime, the manner in which the crime was perpetrated, and the victim's opinion regarding whether the inmate should be released on parole.
(B) At the victim's option, the victim may present the statement verbally at a victim impact hearing conducted by one (1) or more members of the board.
(2) Under this section, a victim impact hearing may be conducted through video-conference technology if utilizing video-conference technology does not inhibit the victim's statement.
(b)(1) Except in those circumstances listed under subdivision (b)(2) of this section, the board upon request shall give the inmate a copy of all impact statements written by the victim.
(2)(A) An impact statement written by the victim of an offense requiring registration under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., or of an offense defined as a sex offense by § 16-90-1101, is privileged and 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, not including the inmate, entitled under this section to receive the statement.
(B) However, the board or a court with jurisdiction may order the disclosure of an impact statement written by the victim and otherwise privileged under this subdivision (b)(2) to the affected inmate when the board or a court finds that the interests or welfare of the inmate outweighs the priva
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1113
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-90-1113
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ab5a3a65f0ae5203f55742d63228edd132cee59dd33dd3a8d14c82466a28a588
Source location: content.xml paragraph 35722
Stored source content
16-90-1113. Consideration and release of a victim impact statement during an inmate's parole determination.
(a)(1)(A) Before determining whether to release the inmate on parole, the Parole Board shall permit the victim to present a written victim impact statement at a victim impact hearing concerning the effects of the crime on the victim, the circumstances surrounding the crime, the manner in which the crime was perpetrated, and the victim's opinion regarding whether the inmate should be released on parole.
(B) At the victim's option, the victim may present the statement verbally at a victim impact hearing conducted by one (1) or more members of the board.
(2) Under this section, a victim impact hearing may be conducted through video-conference technology if utilizing video-conference technology does not inhibit the victim's statement.
(b)(1) Except in those circumstances listed under subdivision (b)(2) of this section, the board upon request shall give the inmate a copy of all impact statements written by the victim.
(2)(A) An impact statement written by the victim of an offense requiring registration under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., or of an offense defined as a sex offense by § 16-90-1101, is privileged and 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, not including the inmate, entitled under this section to receive the statement.
(B) However, the board or a court with jurisdiction may order the disclosure of an impact statement written by the victim and otherwise privileged under this subdivision (b)(2) to the affected inmate when the board or a court finds that the interests or welfare of the inmate outweighs the privacy and safety interests of the victim or to enhance the accuracy of the board's determination.
(c) In deciding whether to release an inmate on parole, the board shall consider among other factors:
(1) Victim impact statements presented under subsection (a) of this section; and
(2) Victim impact statements presented to the sentencing court under § 16-90-1112.
(d) The board may establish rules not otherwise addressed by this section governing the preparation, use, and disclosure of a victim impact statement.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-901. Title.
This subchapter shall be known and may be cited as the “Sex Offender Registration Act of 1997”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-901
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-12-901. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-1101. Definitions.
As used in this subchapter:
(1) “Crime” means an act or omission committed by a person, whether or not competent or an adult, which is punishable by incarceration if committed by a competent adult;
(2) “Member of the victim's family” means the spouse, a child by birth or adoption, a stepchild, a parent, a stepparent, a sibling, or an individual designated by the victim or by a court in which the crime is being or could be prosecuted, but does not include an individual who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan;
(3) “Offense against a victim who is a minor” means:
(A) Kidnapping pursuant to § 5-11-102(a)(4) when the victim is a minor and the offender is not the parent of the victim;
(B) 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;
(C) 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;
(D) Any sex offense when the victim is a minor;
(E) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (3);
(F) 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 enumerated in this subdivision (3); or
(G) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (3);
(4) “Person” means an individual, corporation, estate, trust, partnership, association, joint venture, governmental entity, agency, or instrumentality, or any other legal entity;
(5) “Representative of th
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-90-1101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-1112. Victim impact statement.
(a)(1) Before imposing sentence, the court shall permit the victim to present a victim impact statement concerning the effects of the crime on the victim, the circumstances surrounding the crime, and the manner in which the crime was perpetrated.
(2) The victim may present the statement in writing before the sentencing proceeding or orally under oath at the sentencing proceeding.
(3) The defendant is required to physically remain in the courtroom during the presentation of any victim impact statement, unless the court determines that the defendant is behaving in a disruptive manner or in a manner that presents a threat to the safety of any person present in the courtroom.
(b) The court shall give copies of all written victim impact statements to the prosecuting attorney and the defendant.
(c) The sentencing court shall consider the victim impact statement along with other factors, but if the victim impact statement includes new material factual information upon which the court intends to rely, the court shall adjourn the sentencing proceeding or take other appropriate action to allow the defendant adequate opportunity to respond.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1112
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-90-1112. This identifies an authority to review, not proof of applicability.