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16-93-715. Revocation — Technical conditions violations and serious conditions violations.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-715. Revocation — Technical conditions violations and serious conditions violations.
(a)(1) If a parolee is subject to a parole revocation hearing under this subchapter for a technical conditions violation or a serious conditions violation, the parolee is subject to confinement for the following periods, subject to subdivision (a)(2)(A) of this section, before being released and returned to parole supervision:
(A) Up to ninety (90) days' confinement for a technical conditions violation; and
(B) Exactly one hundred eighty (180) days' confinement for a serious conditions violation.
(2)(A) A period of confinement under subdivision (a)(1) of this section may be reduced by the Division of Correction or the Division of Community Correction for good behavior and successful program completion.
(B) A period of confinement shall not be reduced under subdivision (a)(2)(A) of this section for more than fifty percent (50%) of the total time of confinement ordered to be served.
(3) Any time in custody for which the person is held before a period of confinement is ordered to be served under subdivision (a)(1) of this section shall not be credited to the overall period of confinement ordered under subdivision (a)(1) of this section.
(b)(1) Except as provided for in subdivision (b)(2) of this section, if a parolee is subject to a revocation hearing under this subchapter or an administrative parole sanction for a technical conditions violation or a serious conditions violation, the parolee is subject to confinement according to the time periods set out in § 16-93-712(d) and subdivision (a)(1) of this section without having his or her parole revoked.
(2)(A) A parolee is subject to having his or her parole revoked and being returned to the Division of Correction or th
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-715
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:16-93-715
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8e29fd5bcf2402e3796c316059351f4e57d0297969f914c12510adda2263cb5f
Source location: content.xml paragraph 39458
Stored source content
16-93-715. Revocation — Technical conditions violations and serious conditions violations.
(a)(1) If a parolee is subject to a parole revocation hearing under this subchapter for a technical conditions violation or a serious conditions violation, the parolee is subject to confinement for the following periods, subject to subdivision (a)(2)(A) of this section, before being released and returned to parole supervision:
(A) Up to ninety (90) days' confinement for a technical conditions violation; and
(B) Exactly one hundred eighty (180) days' confinement for a serious conditions violation.
(2)(A) A period of confinement under subdivision (a)(1) of this section may be reduced by the Division of Correction or the Division of Community Correction for good behavior and successful program completion.
(B) A period of confinement shall not be reduced under subdivision (a)(2)(A) of this section for more than fifty percent (50%) of the total time of confinement ordered to be served.
(3) Any time in custody for which the person is held before a period of confinement is ordered to be served under subdivision (a)(1) of this section shall not be credited to the overall period of confinement ordered under subdivision (a)(1) of this section.
(b)(1) Except as provided for in subdivision (b)(2) of this section, if a parolee is subject to a revocation hearing under this subchapter or an administrative parole sanction for a technical conditions violation or a serious conditions violation, the parolee is subject to confinement according to the time periods set out in § 16-93-712(d) and subdivision (a)(1) of this section without having his or her parole revoked.
(2)(A) A parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction for the next violation of his or her parole if the parolee has been confined six (6) times under § 16-93-712(d).
(B) After a parolee has been confined two (2) times under subdivision (a)(1) of this section for any combination of a technical conditions violation or serious conditions violation for any period of time, the parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction for the next violation of his or her parole.
(C) A parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction under this section without having been sanctioned for a period of confinement set out under § 16-93-712(d) or subdivision (a)(1) of this section if the Parole Board determines by a preponderance of the evidence that the parolee is engaging in or has engaged in behavior that poses a threat to the community.
(c) The location of the appropriate confining facility in which a parolee serves a period of confinement under this section shall be determined by the Board of Corrections.
(d) A period of confinement that a parolee serves as a result of being arrested for a parole violation but before being administratively sanctioned shall not count as a period of confinement for the purposes of the aggregate number of periods of confinement under this section.
(e) Noncompliance with Division of Correction or Division of Community Correction program requirements or violent or sexual behavior while confined for a technical conditions violation or serious conditions violation under this section may result in revocation of the parolee's parole for a period of time exceeding the limitations of subdivision (a)(1) of this section, up to and including the time remaining on the person's original sentence.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-712. Parole supervision.
(a)(1) The Parole Board shall establish written policies and procedures governing the supervision of parolees designed to enhance public safety and to assist the parolees in reintegrating into society.
(2)(A) The supervision of parolees shall be based on evidence-based practices, including a validated risk-needs assessment.
(B) Decisions shall target the parolee's criminal risk factors with appropriate supervision and treatment designed to reduce the likelihood of reoffense.
(b) A parole officer shall:
(1) Investigate each case referred to him or her by the Chair of the Parole Board, the Division of Community Correction, or the prosecuting attorney;
(2) Furnish to each parolee under his or her supervision a written statement of the conditions of parole and instruct the parolee that he or she must stay in compliance with the conditions of parole or risk revocation under § 16-93-705;
(3) Develop a case plan for each individual who is assessed as being moderate to high risk to reoffend based on the risk and needs assessment that targets the criminal risk factors identified in the assessment, is responsive to individual characteristics, and provides supervision of offenders according to that case plan;
(4) Stay informed of the parolee's conduct and condition through visitation, required reporting, or other methods and shall report to the board that information upon request;
(5) Use practicable and suitable methods that are consistent with evidence-based practices to aid and encourage a parolee to improve his or her conduct and condition and to reduce the risk of recidivism;
(6)(A) Conduct a validated risk-needs assessment of the parolee, including without limitation criminal risk factors and specific individual needs.
(B)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-712
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 16-93-712. This identifies an authority to review, not proof of applicability.