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16-93-211. Early release to transitional housing facilities — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-211. Early release to transitional housing facilities — Definition.
(a)(1) As used in this section, “transitional housing” means a program that provides housing for one (1) or more offenders who have been:
(A) Transferred or paroled from the Division of Correction by the Parole Board;
(B) Placed on probation by a circuit court or district court; or
(C) Administratively transferred from the Division of Correction to the Division of Community Correction for participation in a reentry program.
(2) An offender's home or the residence of an offender's family member shall not be considered a transitional housing facility for purposes of this section.
(b)(1) To assist an offender who will be eligible for parole or transfer to successfully reintegrate into the community, the board is authorized to place the offender into approved transitional housing up to one (1) year prior to the offender's date of eligibility for parole or transfer.
(2) Subject to conditions of release and consistent with rules promulgated by the board, placement in a transitional housing facility must be preceded by:
(A) The provision of all applicable notices under § 16-93-615; and
(B) A hearing conducted by the board.
(c) The decision to place an offender in transitional housing and the establishment of conditions of release by the board must be based on a reasoned, rational plan developed in conjunction with an accepted risk-needs assessment tool such that each placement decision is based on:
(1) Established criteria; and
(2) A determination that there is a reasonable probability that an offender can be placed in a transitional housing facility without detriment to:
(A) The community; or
(B) The offender.
(d) Conditions of release imposed by the board must at a minimum
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-211
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:16-93-211
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ecd0a8d31f2f491676ebf74c40f2905d4a2e53ab7e6feb19c00233acc2eaee59
Source location: content.xml paragraph 37531
Stored source content
16-93-211. Early release to transitional housing facilities — Definition.
(a)(1) As used in this section, “transitional housing” means a program that provides housing for one (1) or more offenders who have been:
(A) Transferred or paroled from the Division of Correction by the Parole Board;
(B) Placed on probation by a circuit court or district court; or
(C) Administratively transferred from the Division of Correction to the Division of Community Correction for participation in a reentry program.
(2) An offender's home or the residence of an offender's family member shall not be considered a transitional housing facility for purposes of this section.
(b)(1) To assist an offender who will be eligible for parole or transfer to successfully reintegrate into the community, the board is authorized to place the offender into approved transitional housing up to one (1) year prior to the offender's date of eligibility for parole or transfer.
(2) Subject to conditions of release and consistent with rules promulgated by the board, placement in a transitional housing facility must be preceded by:
(A) The provision of all applicable notices under § 16-93-615; and
(B) A hearing conducted by the board.
(c) The decision to place an offender in transitional housing and the establishment of conditions of release by the board must be based on a reasoned, rational plan developed in conjunction with an accepted risk-needs assessment tool such that each placement decision is based on:
(1) Established criteria; and
(2) A determination that there is a reasonable probability that an offender can be placed in a transitional housing facility without detriment to:
(A) The community; or
(B) The offender.
(d) Conditions of release imposed by the board must at a minimum include a curfew requiring an offender placed in transitional housing to present himself or herself at a scheduled time to be confined in the transitional housing facility.
(e) An offender placed in transitional housing by the board will be supervised by officers of the Division of Community Correction.
(f) An offender who without permission leaves the custody of the transitional housing facility in which he or she is placed may be subject to criminal prosecution for first degree escape, § 5-54-110, second degree escape, § 5-54-111, and third degree escape, § 5-54-112.
(g) Revocation of placement in transitional housing must follow the revocation proceedings established in § 16-93-705.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-615. Parole eligibility procedures — Offenses committed after January 1, 1994.
(a)(1)(A) An inmate under sentence for any felony, except those listed in subsection (b) of this section, shall be transferred from the Department of Correction to the Department of Community Correction under this section and §§ 16-93-614, 16-93-616, and 16-93-617, subject to rules promulgated by the Board of Corrections or the Parole Board and conditions adopted by the Parole Board.
(B) The determination under subdivision (a)(1)(A) of this section shall be made by reviewing information such as the result of the risk-needs assessment to inform the decision of whether to release a person on parole by quantifying that person's risk to reoffend, and if parole is granted, this information shall be used to set conditions for supervision.
(C) The Parole Board shall begin transfer release proceedings or a preliminary review under this subchapter no later than six (6) months before a person's transfer eligibility date, and the Parole Board shall authorize jacket review procedures no later than six (6) months before a person's transfer eligibility at all institutions holding parole-eligible inmates to prepare parole applications.
(D) This review may be conducted without a hearing when the inmate has not received a major disciplinary report against him or her that 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.
(2)(A) When one (1) or more of the circumstances in subdivision (a)(1) of this section are present, the Parole Board shall conduct a hearing to determine the appropriateness of the inmate for tran
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-615
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 16-93-615. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-54-110. First degree escape.
(a) A person commits the offense of first degree escape if:
(1) At any time, including from the point of departure from confinement to the return to confinement, aided by another person actually present, he or she uses or threatens to use physical force in escaping from:
(A) Custody;
(B) A correctional facility;
(C) A juvenile detention facility; or
(D) A youth services program; or
(2) At any time, including from the point of departure from confinement to the return to confinement, he or she uses or threatens to use a deadly weapon in escaping from:
(A) Custody;
(B) A correctional facility;
(C) A juvenile detention facility; or
(D) A youth services program.
(b)(1) First degree escape is a Class A felony if, at the time of the escape, the person is in the custody of:
(A) The Division of Correction;
(B) The Division of Community Correction; or
(C) A law enforcement agency.
(2) Otherwise first degree escape is a Class C felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-54-110
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 5-54-110. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-54-111. Second degree escape.
(a) A person commits the offense of second degree escape if he or she:
(1) At any time, including from the point of departure from confinement to the return to confinement, uses or threatens to use physical force in escaping from custody;
(2) Having been found guilty of a felony, escapes from custody;
(3) Escapes from a correctional facility;
(4) Escapes from a juvenile detention facility; or
(5) Escapes from a youth services program.
(b)(1) Second degree escape is a Class B felony if, at the time of the escape, the person is in the custody of:
(A) The Division of Correction;
(B) The Division of Community Correction; or
(C) A law enforcement agency.
(2) Otherwise second degree escape is a Class D felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-54-111
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 5-54-111. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-54-112. Third degree escape.
(a) A person commits the offense of third degree escape if he or she escapes from custody.
(b) It is a defense to a prosecution under this section that the person escaping was in custody pursuant to an unlawful arrest.
(c)(1) Third degree escape is a Class C felony if, at the time of the escape, the person is in the custody of:
(A) The Division of Correction;
(B) The Division of Community Correction; or
(C) A law enforcement agency.
(2) Otherwise third degree escape is a Class A misdemeanor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-54-112
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 5-54-112. This identifies an authority to review, not proof of applicability.