ArkansasSB5392025 Regular SessionSenateWALLET

TO UPDATE AND CLARIFY CERTAIN PORTIONS OF THE LAW REGARDING THE DIVISION OF COMMUNITY CORRECTION AND THE DIVISION OF CORRECTION; TO CLARIFY REFERENCES TO COMMUNITY CORRECTION CENTERS; AND TO DECLARE AN EMERGENCY.

Sponsored By: Jimmy Gazaway (Republican), Ben Gilmore (Republican)

Enacted

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 2 benefits, 1 costs, 5 mixed.

Counties get inmate legal expense reimbursement

Counties are entitled to Department of Corrections reimbursement for legal proceedings involving inmates at covered secured facilities. These facilities must be run or contracted by a department division. Claims must list expenses, be verified by the county judge, and be submitted within 90 days after the expense. The law does not specify a payment amount.

Release options and credits for inmates

People sentenced to covered correctional facilities may earn good-time credits while awaiting transfer, under applicable law and Board rules. For inmates transferred to community centers, release requires the Secretary’s finding that the prescribed treatment program was successfully completed. Minimum time served remains 180 days for sentences of four years or less. It remains 270 days for sentences over four years but under six years. Release depends on the Post-Prison Transfer Board’s authority and procedures; it is not guaranteed and does not change the sentence.

Program participants’ pay can cover costs

Part of an eligible person’s pay from a community correction program can go to the Arkansas Department of Corrections. This money can cover program costs and the person’s custody and care. The law does not set a percentage or require a specific amount.

Correction agencies get clearer oversight roles

The Division of Correction takes over community centers’ operations and security, including budgets, purchases, records, contracts, staff, property, and funds. The Department of Corrections supervises eligible community-program participants to support public safety. The Division of Community Correction administers parole and post-release supervision, coordinating with the transfer board and Division of Correction. Community supervision rules expressly cover people eligible for post-release supervision. The Division of Community Correction loses this section’s power to issue escape arrest warrants; other arrest powers are not addressed.

Counties get revised jail reimbursement rules

The Department of Corrections must reimburse counties when a division cannot accept jail inmates because beds are unavailable. The rate includes transportation costs. Payment requires available appropriations and funding, plus a complete and accurate sentencing order. This bed-shortage rule replaces separate community-correction reimbursement triggers, including prerelease-program or sanction confinement.

More facilities for supervised release sanctions

Parole and post-release incarceration sanctions may use any facility run or contracted by a Department of Corrections division. For the specified parole sanctions, each placement is capped at 120 days. Parolees may accumulate up to 240 facility days before a violation recommendation. For the specified post-release sanctions, each placement is capped at 90 days. A revocation recommendation is required after more than 360 total facility days.

New placement rules for eligible defendants

Courts may place eligible defendants in community correction centers run or contracted by a Department of Corrections division. Administrative transfers require available beds; the Division of Correction now makes final placement eligibility decisions. Judicial transfers require sentences of three years or less, with good-time or earned-release credits and department approval. The existing 365-day confinement cap still applies. The law also removes a ban on transport to prison during initial center placement after judicial or administrative transfer, without requiring transport.

Probation sanctions have options and limits

Probation authorities may use increased substance-use screening, treatment, or both as sanctions without revoking probation. Confinement sanctions may use facilities run or contracted by any Department of Corrections division. Limits are six uses, up to 180 days per placement, and 360 total facility days before a violation recommendation. Technical violations allow up to 90 days; serious violations allow 180 days, with no more than two such placements in two years. Revocation rules also apply after specified prior confinements, including six under one rule or two under the referenced combined rules.

Sponsors & Cosponsors

Sponsors

  • Jimmy Gazaway

    Republican • House

  • Ben Gilmore

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 131 • No: 0

House vote • 4/14/2025

House Vote - Monday, April 14, 2025 7:28:16 PM

Yes: 98 • No: 0

Senate vote • 4/2/2025

Senate Vote - Wednesday, April 2, 2025 4:15:48 PM

Yes: 33 • No: 0

Actions Timeline

  1. Notification that SB539 is now Act 723

    4/18/2025Senate
  2. DELIVERED TO GOVERNOR.

    4/15/2025Senate
  3. Reported correctly enrolled and ordered delivered to the Governor.

    4/15/2025Senate
  4. ORDERED ENROLLED

    4/14/2025Senate
  5. Returned from the House as passed.

    4/14/2025Senate
  6. Returned to the Senate as passed.

    4/14/2025House
  7. EMERGENCY CLAUSE ADOPTED

    4/14/2025House
  8. Read the third time and passed and ordered transmitted to the Senate.

    4/14/2025House
  9. Returned by the Committee Do Pass

    4/10/2025House
  10. Read the first time, rules suspended, read the second time and referred to the Committee on JUDICIARY COMMITTEE- HOUSE

    4/2/2025House
  11. RECEIVED FROM THE SENATE

    4/2/2025House
  12. Ordered immediately transmitted to the House.

    4/2/2025Senate
  13. EMERGENCY CLAUSE ADOPTED

    4/2/2025Senate
  14. Read the third time and passed.

    4/2/2025Senate
  15. REPORTED CORRECTLY ENGROSSED

    4/1/2025Senate
  16. Amendment # 1 read the first time, rules suspended, read the second time and adopted, ordered engrossed.

    4/1/2025Senate
  17. Placed on second reading for purpose of amendment.

    4/1/2025Senate
  18. Returned by the Committee with the recommendation that it Do Pass as amended, Amendment # 1

    3/31/2025Senate
  19. Read first time, rules suspended, read second time, referred to JUDICIARY COMMITTEE - SENATE

    3/20/2025Senate
  20. Filed

    3/20/2025Senate

Bill Text

  • SB539 - Introduced

    3/20/2025

  • Act Version

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