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16-93-614. Parole eligibility — Offenses committed after January 1, 1994 — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-614. Parole eligibility — Offenses committed after January 1, 1994 — Definition.
(a) As used in this section and §§ 16-93-615 — 16-93-617, “felonies” means those crimes classified as Class Y felonies, Class A felonies, Class B felonies, Class C felonies, Class D felonies, or unclassified felonies by the laws of this state.
(b)(1) A person who committed a felony before January 1, 1994, and who was convicted and incarcerated for that felony shall be eligible for release on parole under this section and §§ 16-93-615 — 16-93-617 in accordance with the parole eligibility law in effect at the time the crime was committed.
(2) A person who committed a target offense under the Community Punishment Act, § 16-93-1201 et seq., before January 1, 1994, and who has not been sentenced to a term of incarceration may waive the right to be released under the parole eligibility law in effect at the time the crime was committed and shall become eligible for judicial transfer pursuant to the transfer provisions provided in subdivision (c)(2) of this section.
(3) A person who has committed a felony who is within a target group as currently defined under § 16-93-1202(10) and who is released on parole shall be eligible, pursuant to rules established by the Parole Board, for commitment to a community correction facility if he or she is found to be in violation of any of his or her parole conditions, unless the parole violation constitutes a nontarget felony offense.
(c) A person who commits a felony on or after January 1, 1994, and who shall be convicted and incarcerated for that felony shall be eligible for transfer to community correction as follows:
(1)(A) An inmate under sentence of death or life imprisonment without parole shall not be eligible for transfer, but may be pa
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-614
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:16-93-614
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5a62fe878498068114d8de9452c8b46097392a04f49c8dc70b6780130b4a51b3
Source location: content.xml paragraph 38818
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16-93-614. Parole eligibility — Offenses committed after January 1, 1994 — Definition.
(a) As used in this section and §§ 16-93-615 — 16-93-617, “felonies” means those crimes classified as Class Y felonies, Class A felonies, Class B felonies, Class C felonies, Class D felonies, or unclassified felonies by the laws of this state.
(b)(1) A person who committed a felony before January 1, 1994, and who was convicted and incarcerated for that felony shall be eligible for release on parole under this section and §§ 16-93-615 — 16-93-617 in accordance with the parole eligibility law in effect at the time the crime was committed.
(2) A person who committed a target offense under the Community Punishment Act, § 16-93-1201 et seq., before January 1, 1994, and who has not been sentenced to a term of incarceration may waive the right to be released under the parole eligibility law in effect at the time the crime was committed and shall become eligible for judicial transfer pursuant to the transfer provisions provided in subdivision (c)(2) of this section.
(3) A person who has committed a felony who is within a target group as currently defined under § 16-93-1202(10) and who is released on parole shall be eligible, pursuant to rules established by the Parole Board, for commitment to a community correction facility if he or she is found to be in violation of any of his or her parole conditions, unless the parole violation constitutes a nontarget felony offense.
(c) A person who commits a felony on or after January 1, 1994, and who shall be convicted and incarcerated for that felony shall be eligible for transfer to community correction as follows:
(1)(A) An inmate under sentence of death or life imprisonment without parole shall not be eligible for transfer, but may be pardoned or have his or her sentence commuted by the Governor as provided by law.
(B) An inmate sentenced to life imprisonment shall not be eligible for transfer unless his or her sentence is commuted to a term of years by executive clemency.
(C) Upon commutation, an inmate shall be eligible for transfer as provided in this section;
(2)(A)(i)(a) An offender convicted of a target offense under the Community Correction Act, § 16-93-1201 et seq., may be committed to the Division of Correction and judicially transferred to the Division of Community Correction by specific provision in the commitment that the trial court order such a transfer.
(b) No other offender is eligible for transfer to a Division of Community Correction facility.
(ii) A copy of the commitment shall be forwarded immediately to the Division of Correction and to the Division of Community Correction.
(iii) In the event that an offender is sentenced to the Division of Correction without judicial transfer on one (1) sentence and concurrently sentenced to the Division of Correction with judicial transfer on another sentence, the offender shall remain in the Division of Correction, and the sentence with judicial transfer may be discharged in the same manner as that of an offender transferred back to the Division of Correction.
(B) The Division of Community Correction shall take over supervision of the offender in accordance with the order of the court.
(C) The Division of Community Correction shall provide for the appropriate disposition of the offender as expeditiously as practicable under rules developed by the Board of Corrections.
(D) The offender shall not be transported to the Division of Correction on the initial placement in a Division of Community Correction facility pursuant to a judicial transfer.
(E) An offender who is transferred back to the Division of Correction for disciplinary reasons may be considered for transfer to Division of Community Correction supervision after earning good-time credit equal to one-half (½) of the remainder of his or her sentence.
(F) An offender who is sentenced after July 31, 2007, and who is transferred back to the Division of Correction for administrative reasons is eligible for transfer to Division of Community Correction supervision in the same manner as an offender who is sentenced to the Division of Correction without a judicial transfer to the Division of Community Correction; and
(3)(A) Every other classified or unclassified felon who is incarcerated therefor shall be eligible for transfer to community correction after having served one-third (1/3) or one-half (½), with credit for meritorious good time, of his or her sentence depending on the seriousness determination made by the Arkansas Sentencing Commission, or one-half (½), with credit for meritorious good time, of the time to which his or her sentence is commuted by executive clemency.
(B) For example, a six-year sentence with optimal meritorious good-time credits will make the offender eligible for transfer in one (1) year if he or she is required to serve one-third (1/3) of his or her sentence, or one and one-half (1½) years if he or she is required to serve one-half (½) of his or her sentence.
(d) Except as provided for under § 16-93-621, for an offense committed before, on, or after March 20, 2017, a person who was a minor at the time of committing an offense listed under subsection (c) of this section is eligible for release on parole under this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-1201. Findings and determinations.
(a) The State of Arkansas hereby finds that the cost of incarcerating the ever-increasing numbers of offenders in traditional penitentiaries is skyrocketing, bringing added fiscal pressures on state government, and that some inmates can be effectively punished, with little risk to the public, in a more affordable manner through the use of community correction programs and nontraditional facilities.
(b) As a result of the rising cost of traditional incarceration, the state finds that the purpose of corrections in Arkansas is twofold:
(1) “Community correction”, defined as both nontraditional correction centers and nonresidential community corrections, including supervision on probation, parole, and transfer, is charged with the provision of correction focused on promoting offender accountability and the supervision of offenders at appropriate levels to promote public safety; and
(2)(A) “Institutions”, defined as traditional prison beds, are charged with the appropriate incapacitation of high risk offenders.
(B) “Incapacitation” involves traditional aspects of incarceration coupled with highly supervised community correction when appropriate.
(C) “High risk” is defined as those convicted of the most serious offenses, those who have longer criminal histories, and those who have repeatedly failed to comply with conditions imposed under less restrictive sanctions.
(c) Furthermore, the state determines that services designed to address offender needs must be integrated into the framework of both institutions and community correction programs and must be balanced with supervision and correction such that the community is repaid for the offense, public safety is promoted through supervision, and the offender is assisted in
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-1201
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 16-93-1201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-1202. Definitions.
As used in this subchapter:
(1) “Board” means the Board of Corrections;
(2) “Community correction” means:
(A) Probation, a judicially imposed criminal sanction permitting varying levels of supervision of eligible offenders in the community;
(B) Economic sanctions programs, including an active organized collection of fees, fines, restitution, day fines, day reporting centers, and penalties attached for nonpayment of fines;
(C) Home detention programs, ranging from curfew programs to house arrest with and without electronic monitoring;
(D) Community service programs, including both supervised and unsupervised work assignments and projects such that offenders provide substantial labor benefit to the community;
(E) Work-release programs, including residential and nonresidential forms of labor, with salary, in the community;
(F) Restitution programs, an organized collection and dissemination of restitution by a designated entity within the community correction range of services, including, when necessary, the use of restitution centers such that the offender is held accountable and the victim receives restitution ordered by the court in a timely fashion;
(G)(i) Community correction facilities, multipurpose facilities encompassing security, correction, and services such that offenders can be housed therein when necessary but can also be assigned to or access correction programs and services which are housed there.
(ii) Included therein are revocation centers, restitution centers, work-release centers, and community correction centers;
(H) Boot camps, highly regimented programs encompassing strict discipline, education, treatment, and counseling designed to have the greatest positive impact on the offender in the shortest period
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-1202
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 16-93-1202. This identifies an authority to review, not proof of applicability.
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
16-93-617. Parole eligibility procedures — Offenses committed after January 1, 1994 — Revocation of transfer.
(a) In the event an offender transferred under this section, §§ 16-93-614 — 16-93-616, or § 16-93-618 violates the terms or conditions of his or her transfer, a hearing shall follow all applicable legal requirements and shall be subject to any additional policies and rules set by the Parole Board.
(b)(1) In the event an offender transferred under this section and §§ 16-93-614 — 16-93-616, or § 16-93-618 is found to be or becomes ineligible for transfer into a Division of Community Correction facility, he or she shall be transported to the Division of Correction to serve the remainder of his or her sentence.
(2) Notice of the ineligibility and the reasons therefor shall be provided to the offender, and a hearing may be requested before the board if the offender contests the factual basis of the ineligibility. Otherwise, the board may administratively approve the transfer to the Division of Correction.
(c) An offender who is judicially transferred to a Division of Community Correction facility and subsequently transferred back to the Division of Correction by the board for disciplinary or administrative reasons may not become eligible for any further transfer under § 16-93-614(c)(2)(E) and (F).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-617
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 16-93-617. This identifies an authority to review, not proof of applicability.