16-93-615. Parole eligibility procedures — Offenses committed after January 1, 1994.

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 transfer. (B) The Parole Board has two (2) options: (i) To transfer the individual to the Department of Community Correction accompanied by notice of conditions of the transfer, including without limitation: (a) Supervision levels; (b) Economic fee sanction; (c) Treatment program; (d) Programming requirements; and (e) Facility placement when appropriate; or (ii) To deny transfer based on a set of established criteria and to accompany the denial with a prescribed course of action to be undertaken by the inmate to rectify the Parole Board's concerns. (C) Upon completion of the course of action determined by the Parole Board and after final review of the inmate's file to ensure successful completion, the Parole Board shall authorize the inmate's transfer to the Department of Community Correction under this section and §§ 16-93-614, 16-93-616, and 16-93-617, in accordance with administrative policies and procedures governing the transfer and subject to conditions attached to the transfer. (3) Should an inmate fail to fulfill the course of action outlined by the Parole Board to facilitate transfer to community correction, it shall be the responsibility of the inmate to petition the Parole Board for rehearing. (4)(A) The Parole Board shall conduct open meetings and shall make public its findings for each eligible candidate for parole. (B)(i) Open meetings held under subdivision (a)(2)(A) of this section may be conducted through video-conference technology if the person is housed at that time in a county jail and if the technology is available. (ii) Open meetings utilizing video-conference technology shall be conducted in public. (5) Inmate interviews and related deliberations may be closed to the public. (b)(1) An inmate under sentence for one (1) of the following felonies is eligible for discretionary transfer to the Department of Community Correction by the Parole Board after having served one-third (1/3) or one-half (½) of his or her sentence, with credit for meritorious good time, depending on the seriousness determination made by the Arkansas Sentencing Commission, or one-half (½) of the time to which his or her sentence is commuted by executive clemency, with credit for meritorious good time: (A) Unless the offense is listed under § 16-93-612(e)(1), the following offenses: (i) Capital murder, § 5-10-101, or attempted capital murder; (ii) Murder in the first degree, § 5-10-102, or attempted murder in the first degree; (iii) Murder in the second degree, § 5-10-103; (iv) Manslaughter, § 5-10-104; (v) Negligent homicide, § 5-10-105; or (vi) An offense under § 5-54-201 et seq.; (B) Unless the offense is listed under § 16-93-612(e)(1), the following Class Y felonies: (i) Kidnapping, § 5-11-102; (ii) Aggravated robbery, § 5-12-103, or attempted aggravated robbery; (iii) Terroristic act, § 5-13-310; (iv) Causing a catastrophe, § 5-38-202(a); (v) Arson, § 5-38-301; (vi) Aggravated residential burglary, § 5-39-204; or (vii) Unlawful discharge of a firearm from a vehicle, § 5-74-107; (C) Unless the offense is listed under § 16-93-612(e)(1), an offense for which the inmate is required upon release to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (D) Battery in the first degree, § 5-13-201; (E) Domestic battering in the first degree, § 5-26-303; (F) Engaging in a continuing criminal enterprise, § 5-64-405; or (G) Simultaneous possession of drugs and firearms, § 5-74-106. (2) The transfer of an offender convicted of an offense listed in subdivision (b)(1) of this section is not automatic. (3)(A) Review of an inmate convicted of the enumerated offenses in subdivision (b)(1) of this section shall be based upon policies and procedures adopted by the Parole Board for the review, and the Parole Board shall conduct a risk-needs assessment review. (B) The policies and procedures shall include a provision for notification of the victim or victims that a hearing shall be held and records kept of the proceedings and that there be a listing of the criteria upon which a denial may be based. (4) Any transfer of an offender specified in this subsection shall be issued upon an order, duly adopted, of the Parole Board in accordance with such policies and procedures. (5) After the Parole Board has fully considered and denied the transfer of an offender sentenced for committing an offense listed in subdivision (b)(1) of this section, the Parole Board may delay any reconsideration of the transfer for a maximum period of two (2) years. (6) Notification of the court, prosecutor, county sheriff, and the victim or the victim's next of kin for a person convicted of an offense listed in subdivision (b)(1) of this section shall follow the procedures set forth below: (A)(i) Before the Parole Board shall grant any transfer, the Parole Board shall solicit the written or oral recommendations of the committing court, the prosecuting attorney, and the county sheriff of the county from which the inmate was committed. (ii) If the person whose transfer is being considered by the Parole Board was convicted of one (1) of the offenses enumerated in subdivision (b)(1) of this section, the Parole Board shall also notify the victim of the crime or the victim's next of kin of the transfer hearing and shall solicit written or oral recommendations of the victim or his or her next of kin regarding the granting of the transfer unless the prosecuting attorney has notified the Parole Board at the time of commitment of the prisoner that the victim or his or her next of kin does not want to be notified of future transfer hearings. (iii) The recommendations shall not be binding upon the Parole Board in the granting of any transfer but shall be maintained in the inmate's file. (iv) When soliciting recommendations from a victim of a crime, the Parole Board shall notify the victim or his or her next of kin of the date, time, and place of the transfer hearing; (B)(i) The Parole Board shall not schedule transfer hearings at which victims or relatives of victims of crimes are invited to appear at a facility wherein inmates are housed other than the Central Administration Building of the Department of Correction at Pine Bluff. (ii) Nothing herein shall be construed as prohibiting the Parole Board from conducting transfer hearings in two (2) sessions, one (1) at the place of the inmate's incarceration for interviews with the inmate, the inmate's witnesses, and correctional personnel, and the second session for victims and relatives of victims as set out in subdivision (b)(6)(B)(i) of this section; (C)(i) At the time that any person eligible under subdivision (c)(1) of this section is transferred by the Parole Board, the Department of Community Correction shall give written notice of the granting of the transfer to the county sheriff, the committing court, and the chief of police of each city of the first class of the county from which the person was sentenced. (ii) If the person is transferred to a county other than that from which he or she was committed, the Parole Board shall give notice to the chief of police or marshal of the city to which he or she is transferred, to the chief of police of each city of the first class and the county sheriff of the county to which he or she is transferred, and to the county sheriff of the county from which the person was committed; and (D)(i) It shall be the responsibility of the prosecuting attorney of the county from which the inmate was committed to notify the Parole Board at the time of commitment of the desire of the victim or his or her next of kin to be notified of any future transfer hearings and to forward to the Parole Board the last known address and telephone number of the victim or his or her next of kin. (ii) It shall be the responsibility of the victim or his or her next of kin to notify the Parole Board of any change in address or telephone number. (iii) It shall be the responsibility of the victim or his or her next of kin to notify the Parole Board after the date of commitment of any change in regard to the desire to be notified of any future transfer hearings. (c)(1) In all other felonies, before the Parole Board sets conditions for transfer of an inmate to community correction, a victim, or his or her next of kin in cases in which the victim is unable to express his or her wishes, who has expressed the wish to be consulted by the Parole Board shall be notified of the date, time, and place of the transfer hearing. (2)(A) A victim or his or her next of kin who wishes to be consulted by the Parole Board shall inform the Parole Board in writing at the time of sentencing. (B) A victim or his or her next of kin who does not so inform the Parole Board shall not be notified by the Parole Board. (3)(A) Victim input to the Parole Board shall be limited to oral or written recommendations on conditions relevant to the offender under review for transfer. (B) The recommendations shall not be binding on the Parole Board, but shall be given due consideration within the resources available for transfer. (d)(1) The Parole Board shall approve a set of conditions that shall be applicable to all inmates transferred from the Department of Correction to the Department of Community Correction. (2) The set of conditions is subject to periodic review and revision as the Parole Board deems necessary. (e)(1) The course of action required by the Parole Board shall not be outside the current resources of the Department of Correction nor the conditions set be outside the current resources of the Department of Community Correction. (2) However, the Department of Correction and Department of Community Correction shall strive to accommodate the actions required by the Board of Corrections or the Parole Board to the best of their abilities. (f) Transfer is not an award of clemency, and it shall not be considered as a reduction of sentence or a pardon. (g) Every inmate while on transfer status shall remain in the legal custody of the Department of Correction under the supervision of the Department of Community Correction and subject to the orders of the Parole Board. (h) An inmate who is sentenced under the provisions of § 5-4-501(c) or § 5-4-501(d) for a serious violent felony or a felony involving violence may be considered eligible for parole or for community correction transfer upon reaching regular parole or transfer eligibility, but only after reaching a minimum age of fifty-five (55) years. (i) Decisions on parole release, courses of action applicable prior to transfer, and transfer conditions to be set by the Parole Board shall be based on a reasoned and rational plan developed in conjunction with an accepted risk-needs assessment tool such that each decision is defensible based on preestablished criteria.