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16-90-122. Post-conviction release of nonviolent offenders.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-122. Post-conviction release of nonviolent offenders.
(a) Except as provided in subsection (b) of this section, any circuit judge may authorize the temporary release of an offender in the county sheriff's custody who has:
(1) Been found guilty of or pleaded guilty or nolo contendere to a nonviolent felony offense in circuit court; and
(2) Been sentenced to a term of imprisonment and committed to the Division of Correction or the Division of Community Correction and is awaiting transfer to the Division of Correction or the Division of Community Correction.
(b) A circuit judge shall not authorize the temporary release of an offender under subsection (a) of this section if the offender has been found guilty of or pleaded guilty or nolo contendere to a:
(1) Class Y felony offense listed in § 16-93-618; or
(2) Felony sex offense listed in the definition of “sex offense” in § 12-12-903.
(c)(1) The circuit judge may authorize the release under the terms and conditions that he or she determines are necessary to protect the public and to ensure the offender's return to custody upon notice that bed space is available at the Division of Correction or the Division of Community Correction.
(2) The circuit judge may require a cash or professional bond to be posted in an amount suitable to ensure the offender's return to custody.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-122
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:16-90-122
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f29aec41e88a84530ef3f9a376b92f80982fc83010cc4ecbf0007aedf1d11737
Source location: content.xml paragraph 34141
Stored source content
16-90-122. Post-conviction release of nonviolent offenders.
(a) Except as provided in subsection (b) of this section, any circuit judge may authorize the temporary release of an offender in the county sheriff's custody who has:
(1) Been found guilty of or pleaded guilty or nolo contendere to a nonviolent felony offense in circuit court; and
(2) Been sentenced to a term of imprisonment and committed to the Division of Correction or the Division of Community Correction and is awaiting transfer to the Division of Correction or the Division of Community Correction.
(b) A circuit judge shall not authorize the temporary release of an offender under subsection (a) of this section if the offender has been found guilty of or pleaded guilty or nolo contendere to a:
(1) Class Y felony offense listed in § 16-93-618; or
(2) Felony sex offense listed in the definition of “sex offense” in § 12-12-903.
(c)(1) The circuit judge may authorize the release under the terms and conditions that he or she determines are necessary to protect the public and to ensure the offender's return to custody upon notice that bed space is available at the Division of Correction or the Division of Community Correction.
(2) The circuit judge may require a cash or professional bond to be posted in an amount suitable to ensure the offender's return to custody.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-903. Definitions.
As used in this subchapter:
(1) “Adjudication of guilt” or other words of similar import mean a:
(A) Plea of guilty;
(B) Plea of nolo contendere;
(C) Negotiated plea;
(D) Finding of guilt by a judge; or
(E) Finding of guilt by a jury;
(2)(A) “Administration of criminal justice” means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.
(B) “Administration of criminal justice” also includes criminal identification activities and the collection, maintenance, and dissemination of criminal justice information;
(3) “Aggravated sex offense” means an offense in the Arkansas Code substantially equivalent to “aggravated sexual abuse” as defined in 18 U.S.C. § 2241 as it existed on March 1, 2003, which principally encompasses:
(A) Causing another person to engage in a sexual act:
(i) By using force against that other person; or
(ii) By threatening or placing or attempting to threaten or place that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping;
(B) Knowingly:
(i) Rendering another person unconscious and then engaging in a sexual act with that other person; or
(ii) Administering to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or similar substance and thereby:
(a) Substantially impairing the ability of that other person to appraise or control conduct; and
(b) Engaging or attempting to engage in a sexual act with that other person; or
(C) Crossing a state line with intent to:
(i) Engage or attempt to engage in a sexual act with a person who has not attained twelve (12) yea
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-903
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 12-12-903. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-618. Parole eligibility — Certain Class Y felony offenses and certain methamphetamine offenses — Seventy-percent crimes.
(a)(1) Notwithstanding any law allowing the award of meritorious good time or any other law to the contrary, a person who is found guilty of or pleads guilty or nolo contendere to subdivisions (a)(1)(A)-(I) of this section shall not be eligible for parole or community correction transfer, except as provided in subdivision (a)(3) or subsection (c) of this section, until the person serves seventy percent (70%) of the term of imprisonment to which the person is sentenced, including a sentence prescribed under § 5-4-501:
(A) Murder in the first degree, § 5-10-102;
(B) Kidnapping, Class Y felony, § 5-11-102;
(C) Aggravated robbery, § 5-12-103;
(D) Rape, § 5-14-103;
(E) Trafficking of persons, Class Y felony, § 5-18-103;
(F) Causing a catastrophe, § 5-38-202(a);
(G) Manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401;
(H) Trafficking methamphetamine, § 5-64-440(b)(1); or
(I) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5).
(2)(A) The seventy-percent provision of subdivision (a)(1) of this section has no application to any person who is found guilty of or pleads guilty or nolo contendere to kidnapping, Class B felony, § 5-11-102, regardless of the date of the offense.
(B) The provisions of this section shall apply retroactively to all persons presently serving a sentence for kidnapping, Class B felony, § 5-11-102.
(3)(A)(i) Regardless of the date of the offense, the seventy-percent provision under subdivision (a)(1) of this section shall include credit for the award of meritorious good time under § 12-29-201 to any person who is found guilty of or plea
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-618
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 16-93-618. This identifies an authority to review, not proof of applicability.