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16-93-618. Parole eligibility — Certain Class Y felony offenses and certain methamphetamine offenses — Seventy-percent crimes.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-93-618
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 235c59bc796cf5bd596dd90136b7b87604aecf847a34d955c7ed653b4450bb43
Source location: content.xml paragraph 38986
Stored source content
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 pleads guilty or nolo contendere to:
(a) Manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401;
(b) Trafficking methamphetamine, § 5-64-440(b)(1); or
(c) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5).
(ii) Regardless of the date of the offense and unless the person is sentenced to a term of life imprisonment, the seventy-percent provision under subdivision (a)(1) of this section may include credit for the award of meritorious good time under § 12-29-202 to any person who is found guilty of or pleads guilty or nolo contendere to:
(a) Manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401;
(b) Trafficking methamphetamine, § 5-64-440(b)(1); or
(c) Possession of drug paraphernalia with the purpose to manufacture methamphetamine, former § 5-64-403(c)(5).
(B) In no event shall the time served by any person who is found guilty of or pleads guilty or nolo contendere to manufacturing methamphetamine, § 5-64-423(a) or former § 5-64-401, trafficking methamphetamine, § 5-64-440(b)(1), or possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443(b), be reduced to less than fifty percent (50%) of the person's original sentence.
(4)(A) When any person sentenced under subdivision (a)(3) of this section becomes eligible for parole, the Division of Community Correction shall send a notice of the parole hearing to the prosecuting attorney of the judicial district or districts in which the person was found guilty or pleaded guilty or nolo contendere to an offense listed in subdivision (a)(1) of this section.
(B) The notice shall contain the following language in 12-point capital letters, bold type: “INMATE SENTENCED UNDER ARKANSAS CODE § 16-93-618”.
(b) A jury may be instructed under § 16-97-103 regarding the awarding of meritorious good time under subdivision (a)(3) of this section.
(c) The sentencing judge, in his or her discretion, may waive subsection (a) of this section under the following circumstances:
(1) The defendant was a juvenile at the time of the offense;
(2) The juvenile was merely an accomplice to the offense; and
(3) The offense occurred on or after July 28, 1995.
(d) The awarding of meritorious good time under § 12-29-201 or § 12-29-202 does not apply to persons sentenced under subdivisions (a)(1)(A)-(E) of this section.
(e) A person who commits the offense of possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443(b), after July 27, 2011, shall not be subject to the provisions of this section.
(f) 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 (a) of this section is eligible for release on parole under this section.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-102. Murder in the first degree.
(a) A person commits murder in the first degree if:
(1) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit a felony; and
(B) In the course of and in the furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life;
(2) With a purpose of causing the death of another person, the person causes the death of another person; or
(3) The person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed.
(b) It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for an offense in which the defendant was not the only participant that the defendant:
(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission;
(2) Was not armed with a deadly weapon;
(3) Reasonably believed that no other participant was armed with a deadly weapon; and
(4) Reasonably believed that no other participant intended to engage in conduct that could result in death or serious physical injury.
(c)(1) Murder in the first degree is a Class Y felony.
(2) Unless the application of § 16-93-621 results in a person's being eligible for parole at an earlier date, if a person was younger than eighteen (18) years of age at the time he or she committed murder in the first degree and is sentenced to life imprisonment, the person is eligible for parole after serving a minimum of twenty-five (25) years' imprisonment.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-102
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 5-10-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-11-102. Kidnapping.
(a) A person commits the offense of kidnapping if, without consent, the person restrains another person so as to interfere substantially with the other person's liberty with the purpose of:
(1) Holding the other person for:
(A) Ransom or reward; or
(B) Any other act to be performed or not performed for the other person's return or release;
(2) Using the other person as a shield or hostage;
(3) Facilitating the commission of any felony or flight after the felony;
(4) Inflicting physical injury upon the other person;
(5) Engaging in sexual intercourse, deviate sexual activity, or sexual contact with the other person;
(6) Terrorizing the other person or another person; or
(7) Interfering with the performance of any governmental or political function.
(b)(1) Kidnapping is a Class Y felony.
(2) However, kidnapping is a Class B felony if the defendant shows by a preponderance of the evidence that he or she or an accomplice voluntarily released the person restrained alive and in a safe place prior to trial.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-11-102
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 5-11-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-12-103. Aggravated robbery.
(a) A person commits aggravated robbery if he or she commits robbery as defined in § 5-12-102, and the person:
(1) Is armed with a deadly weapon;
(2) Represents by word or conduct that he or she is armed with a deadly weapon; or
(3) Inflicts or attempts to inflict death or serious physical injury upon another person.
(b) Aggravated robbery is a Class Y felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-12-103
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 5-12-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-501. Habitual offenders — Sentencing for felony.
(a)(1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and to an extended term of imprisonment as set forth in subdivision (a)(2) of this section:
(A) A defendant who:
(i) Is convicted of a felony other than those enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies or who has been found guilty of more than one (1) but fewer than four (4) felonies;
(B) A defendant who:
(i) Is convicted of any felony enumerated in subsection (c) of this section committed after August 31, 1997; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (c) of this section or who has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (c) of this section; or
(C) A defendant who:
(i) Is convicted of any felony enumerated in subsection (d) of this section committed after August 31, 1997; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (d) of this section or has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (d) of this section.
(2) The extended term of imprisonment for a defendant described in subdivision (a)(1) of this section is as follows:
(A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than sixty (60) years, or life;
(B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-501
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 5-4-501. This identifies an authority to review, not proof of applicability.