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16-93-617. Parole eligibility procedures — Offenses committed after January 1, 1994 — Revocation of transfer.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-93-617
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1ca7bd165dcee3cdeddaa91a76c4a5f4f0afe914432664c10c96e5db38ffa850
Source location: content.xml paragraph 38973
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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).
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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. The source passage cites 16-93-614. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-616. Parole eligibility procedures — Offenses committed after January 1, 1994 — Computation of sentence.
(a)(1) Time served for a sentence shall be deemed to begin on the day sentence is imposed, not on the day a prisoner is received by the Division of Correction.
(2) Time served shall continue only during the time in which an individual is actually confined in a county jail or other local place of lawful confinement or while under the custody and supervision of the division.
(3) Once sentenced to the division, the division shall retain legal custody of the inmate for the duration of the original sentence.
(b) The sentencing judge shall direct, when he or she imposes sentence, that time already served by the defendant in jail or other place of detention shall be credited against the sentence.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-616
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 16-93-616. 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.