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16-93-711. Parole alternatives — Electronic monitoring of parolees — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-711. Parole alternatives — Electronic monitoring of parolees — Definition.
(a) As used in this section, “approved electronic monitoring or supervising device” means a device described in § 16-93-708(a).
(b)(1)(A) Subject to the provisions of subdivision (b)(2) of this section, an inmate serving a sentence in the Department of Correction may be released from incarceration if the:
(i) Sentence was not the result of a jury or bench verdict;
(ii) Inmate has served one hundred twenty (120) days of his or her sentence;
(iii) Inmate has an approved parole plan;
(iv) Inmate does not have a prior felony conviction for a sex offense or for a felony offense that involved the use or threat of violence or bodily harm;
(v) Inmate was sentenced from a cell in the sentencing guidelines with:
(a) An incarceration range of thirty-six (36) months or less; or
(b) A presumptive sentence of probation;
(vi) Conviction is for a Class C or Class D felony;
(vii) Conviction is not for a crime of violence, regardless of felony level;
(viii) Conviction is not for a sex offense, including failure to register as a sex offender under § 12-12-906, regardless of felony level;
(ix) Conviction is not for manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401;
(x) Conviction is not for possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443, if the conviction is a Class C felony or higher;
(xi) Conviction is not for a crime involving the use or threat of violence or bodily harm;
(xii) Conviction is not for a crime that resulted in a death; and
(xiii) Inmate has not previously failed a drug court program.
(B) The Director of the Department of Correction shall make the facts described in subdivision (b)(1)(A) of t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-711
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:16-93-711
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4bcad21342942c359c571072f1d6ff01d6fe427c22baddeeb3555749706e75bc
Source location: content.xml paragraph 39361
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16-93-711. Parole alternatives — Electronic monitoring of parolees — Definition.
(a) As used in this section, “approved electronic monitoring or supervising device” means a device described in § 16-93-708(a).
(b)(1)(A) Subject to the provisions of subdivision (b)(2) of this section, an inmate serving a sentence in the Department of Correction may be released from incarceration if the:
(i) Sentence was not the result of a jury or bench verdict;
(ii) Inmate has served one hundred twenty (120) days of his or her sentence;
(iii) Inmate has an approved parole plan;
(iv) Inmate does not have a prior felony conviction for a sex offense or for a felony offense that involved the use or threat of violence or bodily harm;
(v) Inmate was sentenced from a cell in the sentencing guidelines with:
(a) An incarceration range of thirty-six (36) months or less; or
(b) A presumptive sentence of probation;
(vi) Conviction is for a Class C or Class D felony;
(vii) Conviction is not for a crime of violence, regardless of felony level;
(viii) Conviction is not for a sex offense, including failure to register as a sex offender under § 12-12-906, regardless of felony level;
(ix) Conviction is not for manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401;
(x) Conviction is not for possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443, if the conviction is a Class C felony or higher;
(xi) Conviction is not for a crime involving the use or threat of violence or bodily harm;
(xii) Conviction is not for a crime that resulted in a death; and
(xiii) Inmate has not previously failed a drug court program.
(B) The Director of the Department of Correction shall make the facts described in subdivision (b)(1)(A) of this section known to the Parole Board for consideration of electronic monitoring.
(2) The Board of Corrections shall promulgate rules that will establish policy and procedures for an electronic monitoring program.
(c)(1) An inmate released from incarceration on parole under this section shall be supervised by the Department of Community Correction using electronic monitoring until the inmate's transfer eligibility date or for at least ninety (90) days of full compliance by the inmate, whichever is sooner.
(2)(A) The term of electronic monitoring shall not exceed the maximum number of years of imprisonment or supervision to which the inmate could be sentenced.
(B) The length of time the defendant participates in an electronic monitoring program and any good-time credit awarded shall be credited against the defendant's sentence.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-906. Duty to register or verify registration generally — Review of requirements with offenders.
(a)(1)(A)(i) At the time of adjudication of guilt, the sentencing court shall enter on the judgment and commitment or judgment and disposition form that the offender is required to register as a sex offender and shall indicate whether the:
(a) Offense is an aggravated sex offense;
(b) Sex offender has been adjudicated guilty of a prior sex offense under a separate case number; or
(c) Sex offender has been classified as a sexually dangerous person.
(ii) If the sentencing court finds the offender is required to register as a sex offender, then at the time of adjudication of guilt the sentencing court shall require the sex offender to complete the sex offender registration form prepared by the Director of the Arkansas Crime Information Center pursuant to § 12-12-908 and shall forward the completed sex offender registration form to the Arkansas Crime Information Center.
(iii) A sex offender is not required to register as a sex offender under this subchapter if the:
(a) Victim was under eighteen (18) years of age and the sex offender was no more than three (3) years older than the victim at the time of the sex offense;
(b) Court determines that there was no evidence of force, compulsion, threat, or intimidation in the commission of the sex offense; and
(c) Court does not otherwise order registration under § 12-12-903(13)(B)(i).
(B)(i) The Division of Correction shall ensure that a sex offender received for incarceration has completed the sex offender registration form.
(ii) If the Division of Correction cannot confirm that the sex offender has completed the sex offender registration form, the Division of Correction shall require the sex offender to comp
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-906
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 12-12-906. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-708. Parole alternative — Home detention — Definitions.
(a) As used in this section:
(1) “Approved electronic monitoring or supervising device” means an electronic device approved by the Board of Corrections that meets the minimum Federal Communications Commission regulations and requirements and that utilizes available technology that is able to track a person's location and monitor his or her location;
(2) “Hospice” means an autonomous, centrally administered, medically directed, coordinated program providing a continuum of home, outpatient, and homelike inpatient care for the terminally ill patient and the patient's family and which employs an interdisciplinary team to assist in providing palliative and supportive care to meet the special needs arising out of the physical, emotional, spiritual, social, and economic stresses that are experienced during the final stages of illness and during dying and bereavement;
(3) “Permanently incapacitated” means an inmate who, as determined by a licensed physician:
(A) Has a medical condition that is not necessarily terminal but renders him or her permanently and irreversibly incapacitated; and
(B) Requires immediate and long-term care; and
(4) “Terminally ill” means an inmate who, as determined by a licensed physician:
(A) Has an incurable condition caused by illness or disease; and
(B) Will likely die within two (2) years due to the illness or disease.
(b)(1)(A) Subject to the provisions of subdivision (b)(2) of this section, a defendant convicted of a felony or misdemeanor and sentenced to imprisonment may be incarcerated in a home detention program when the Director of the Department of Correction or the Director of the Department of Community Correction communicates to the Parole Board when, in the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-708
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 16-93-708. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-401. [Repealed.]
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. The source passage cites 5-64-401. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-423. Manufacture of methamphetamine — Manufacture of cocaine.
(a)(1) Except as provided by this chapter, it is unlawful for a person to manufacture methamphetamine.
(2)(A) A person who manufactures methamphetamine in an amount less than two grams (2g) by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class C felony.
(B)(i) A person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class Y felony.
(ii)(a) However, a person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluents, upon conviction is guilty of a Class A felony if the person shows by a preponderance of the evidence that he or she manufactured the methamphetamine for personal use only.
(b) Factors indicative of personal use may include without limitation the:
(1) Person did not make a delivery of methamphetamine;
(2) Quantity of methamphetamine manufactured by the person; or
(3) Method of manufacturing methamphetamine used by the person.
(3) A person who has one (1) or more prior convictions of manufacturing methamphetamine in any amount under this section or the former § 5-64-401 upon conviction is guilty of a Class Y felony.
(b)(1) Except as provided by this chapter, it is unlawful for a person to manufacture cocaine.
(2)(A) A person who manufactures cocaine in an amount less than two grams (2g) by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class C felony.
(B) A person who manufactures cocaine in an amount of two grams (2g) or more but less than ten grams (10g), by aggregate weight, including an adulterant or diluent, up
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-423
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 5-64-423. This identifies an authority to review, not proof of applicability.