Arkansas Administrative Code

16 CAR § 23-101. Definitions. As used in this part: (1) “Board” or “Post-Prison Transfer Board” means the state agency described in Arkansas Code § 16-93-201 that serves as the releasing authority for any person subject to either parole or post-release supervision; (2) “Board dec…

16 CAR § 23-201. Transfer-eligible inmates. (a) The inmate’s transfer eligibility shall be determined by the laws in effect at the time of the offense for which the inmate is sentenced pursuant to Arkansas Code §§ 16-93-612(a), 16-93-1803(b), and 16-93-1804. (b) The Post-Prison T…

16 CAR § 23-202. Transfer-ineligible inmates. An inmate is ineligible for transfer if an inmate: (1) Is serving a sentence for a felony ineligible to receive earned release credits pursuant to Arkansas Code § 16-93-609(d)(1) or Arkansas Code § 16-93-1803(a); (2) Commits a restric…

16 CAR § 23-301. File preparation. (a) Transfer consideration shall begin with jacket review no later than six (6) months before the date an inmate becomes transfer-eligible pursuant to Arkansas Code §§ 16-93-615(a)(1)(C) and 16-93-1807(c)(1). (b) Once a transfer-eligible inmate …

16 CAR § 23-302. Transfer hearing notices. (a) Notices for public officials and victims for discretionary offenses and nontarget offenses. (1) Before the Post-Prison Transfer Board grants transfer for an inmate whose offense is a discretionary offense committed prior to January 1…

16 CAR § 23-303. Victim input hearings, statements, and letters. (a) The victim input hearing provides the opportunity for a victim of discretionary offenses or nontarget offenses to state concerns regarding the transfer of the inmate as follows: (1) The Post-Prison Transfer Boar…

16 CAR § 23-304. Inmate transfer hearings and transfer screenings — Determining criteria. (a) The Post-Prison Transfer Board shall conduct an inmate transfer hearing: (1) For any felony offense that is: (A) A discretionary offense committed prior to January 1, 2025, listed in Ark…

16 CAR § 23-305. Inmate transfer hearings and transfer screenings — Procedures. (a) An inmate transfer hearing is conducted subject to the following procedures: (1) The transfer-eligible inmate shall be notified of the date, place, and time of the inmate transfer hearing; (2) The…

16 CAR § 23-306. Transfer criteria for board consideration. (a) The Post-Prison Transfer Board considers key factors reflecting best practices in transfer decision-making that: (1) Use research-supported factors as criteria; (2) Use relevant policy considerations that are consist…

16 CAR § 23-307. Awarding of earned release credits. (a) Inmates may accrue earned release credits pursuant to Arkansas Code §§ 12-29-703, 16-93-1801 et seq., and 12 CAR § 60-116, for offenses committed on or after January 1, 2025. (b) Eligible inmates may accrue earned release c…

16 CAR § 23-308. Decisions of the board. (a) The Post-Prison Transfer Board decisions include, without limitation, the following: (1) Transfer; (2) Denial; (3) Deferral; and (4) Rescission. (b) A designee’s recommendation to the Post-Prison Transfer Board for a board decision sha…

16 CAR § 23-309. Adoption and ratification of board decisions. The final board decision described in 16 CAR § 23-308 will be formally adopted and ratified at an open meeting in accordance with Arkansas Code §§ 16-93-615(a)(4), 16-93-1809, 16-93-201(d)(2), 16-93-615(b)(4), 16-93-7…

16 CAR § 23-310. Conflict of interest — Recusal by board member. No Post-Prison Transfer Board member or designee shall participate in the determination of transfer of an inmate if the board member or designee: (1) Is closely related to the inmate, the inmate’s attorney, or the v…

16 CAR § 23-311. Notice of board decisions. The following notices of board decisions shall be provided by the Post-Prison Transfer Board or its designee following adoption and ratification of board decisions, and prior to release of the inmate: (1) Notice to inmates shall be prov…

16 CAR § 23-312. Notice to victim or victim’s next of kin of release of inmate. At the time of release, notice shall be given to the registered victim or the victim’s registered next of kin by the Post-Prison Transfer Board or its designee.

16 CAR § 23-313. Reconsideration of board decisions. (a) The inmate or the inmate’s attorney may request reconsideration of the final board decision within sixty (60) days of the date of the adoption and ratification of the final board decision. (b) The request for reconsideratio…

16 CAR § 23-401. Transfer of inmate whose crime was committed as a minor. (a) A person who was a minor at the time of committing an offense before, on, or after March 20, 2017, and sentenced to the Division of Correction is eligible for transfer in accordance with the following: …

16 CAR § 23-402. Transfer of inmate who has attained certain age. (a) For offenses committed after January 1, 1994, and prior to January 1, 2025, inmates who were sentenced as habitual offenders under Arkansas Code § 5-4-501(c) or Arkansas Code § 5-4-501(d) for serious violent fe…

16 CAR § 23-403. Transfer of inmate for terminal illness or permanent incapacitation. (a) When an inmate is terminally ill or permanently and irreversibly incapacitated, as defined in Arkansas Code § 12-29-404, the inmate may be considered for transfer subject to the following cr…

16 CAR § 23-404. Community correction reentry program — Participation and transfer. (a) An inmate who is within eighteen (18) months of the inmate’s projected transfer eligibility date may be considered for participation in the community correction reentry program administered by…

16 CAR § 23-405. Transfer of inmate from a community correction center. (a) As used in this section, a “community correction center” means a facility operated by a division of the Department of Corrections that provides programming for the target offenses listed in Arkansas Code …

16 CAR § 23-501. Post-release supervision generally. An inmate who is transferred to post-release supervision, or subject to court-imposed post-release supervision, shall remain: (1) In the legal custody of the Division of Correction; (2) Subject to the supervision of the Divisio…

16 CAR § 23-502. Court-imposed post-release supervision. (a) The Post-Prison Transfer Board shall set the conditions for any inmate subject to court-imposed post-release supervision prior to the inmate’s release from incarceration pursuant to Arkansas Code § 5-4-104(c)(1)(C). (b)…

16 CAR § 23-601. Discharge of post-release supervision generally. When an offender has completed a term of post-release supervision, the community supervision officer will provide an order of discharge to the offender.

16 CAR § 23-602. Early discharge of supervision. (a) An offender shall be eligible for consideration of early discharge if: (1) The felony sentence was entered on or after July 27, 2011, pursuant to Arkansas Code § 16-90-1301; (2) The offense is eligible under Arkansas Code § 16-…

16 CAR § 23-603. Early discharge of post-release supervision of offender whose offense was committed as a minor. (a) The Post-Prison Transfer Board may discharge an offender from post-release supervision, pursuant to Arkansas Code § 16-93-622, if the offender was released on post…

16 CAR § 30-101. Community correction center criteria and standards. (a) Applicability. This section applies to: (1) Residents of and offenders being considered for transfer to Division of Community Correction community correction centers (CCCs) other than technical violator cent…

16 CAR § 30-102. Community service program. (a) Policy. It is the policy of the Division of Community Correction to operate community service programs that administer sanctions appropriate to the seriousness of offenses/violations, hold offenders accountable for violations of rel…

16 CAR § 30-103. Furlough program. (a) Policy. The Board of Corrections supports the implementation of furlough programs to authorize temporary release of a resident from a community correction center. (b) Guidance. (1)(A) The Division of Community Correction must establish and m…

16 CAR § 30-104. Reentry facility program. (a) Applicability. (1) This section applies to: (A) Division of Community Correction employees and agents; (B) Division of Correction employees and agents; (C) Inmates; (D) Applicants for and recipients of a reentry facility license; and…

16 CAR § 30-105. Transitional housing program. (a) Applicability. This section applies to: (1) Division of Community Correction employees; (2) Offenders; (3) Applicants for and recipients of a transitional housing facility license; and (4) Owners, operators, and staff members of …

16 CAR § 30-106. Volunteer program. (a) Applicability. This section applies to citizens and Division of Community Correction employees. (b) Policy. (1) It shall be the policy of the division to administer a volunteer program that: (A) Encourages, supports, and recognizes the valu…

16 CAR § 30-107. Research and program evaluation. (a) Applicability. This section applies to all Division of Community Correction employees and people outside the agency who request and conduct research. (b) Policy. (1) The division supports programs of research, evaluation, stat…

16 CAR § 30-201. Safety, security, and sanitation at residential centers. (a) Applicability. This section applies to Division of Community Correction employees and offenders. (b) Policy. The Division of Community Correction will: (1) Promote the safety and security of: (A) The pu…

16 CAR § 30-202. Resident correspondence. (a) Applicability. To residents, people who correspond with residents, and center staff. (b) Policy. (1) It shall be the policy of the Division of Community Correction to encourage and promote wholesome communication between residents and…

16 CAR § 30-203. Resident publications. (a) Applicability. All Division of Community Correction staff and residents. (b) Policy. (1) It is Board of Corrections policy that residents may receive publications from recognized commercial or charitable outlets. (2) All publications ar…

16 CAR § 30-204. Resident visitation. (a) Applicability. This section applies to staff, residents, and persons who visit residents at residential centers administered or operated by the Division of Community Correction. (b) Policy. (1) Residents may have visits with their family,…

16 CAR § 30-301. Escapes, disturbances, or emergencies. (a) Applicability. This section applies to all Division of Community Correction employees. (b) Policy. (1) Plans and procedures for managing escapes, disturbances, or emergencies must be readily available to appropriate pers…

16 CAR § 30-302. Use of force. (a) Applicability. This section applies to Division of Community Correction employees. (b) Policy. Based on the facts and circumstances perceived at the time, an employee may use the amount of force reasonable to effectively bring a situation under …

16 CAR § 30-303. Offender substance abuse. (a) Applicability. This section applies to Division of Community Correction employees who conduct or assist in conducting substance abuse testing of offenders. (b) Policy. (1) The division’s policy is to administer a program of testing o…

16 CAR § 30-304. Public release of offender information. (a) Applicability. This section applies to Division of Community Correction employees and medical contractor staff. (b) Policy. Offender information must be protected and must not be released to the public except as permitt…

16 CAR § 30-305. Economic sanctions. (a) Applicability. Circuit courts, Arkansas Post-Prison Transfer Board, offenders, and Division of Community Correction employees. (b) Policy. It is Board of Corrections policy that Division of Community Correction offenders participate in eco…

16 CAR § 50-101. Filing fees and court costs. (a) Filing fees and court costs for each type of case filed in general and limited jurisdiction courts in Arkansas are uniform and are assessed according to law. (b) All court costs and filing fees for initiation or reopening a cause …

16 CAR § 50-102. Fines and other miscellaneous fees. (a) Certain statutory fines and fees are collected by city courts, district courts, and circuit courts in Arkansas. (b) Each town, city, or county that collects these fines or fees is required to remit the fines or fees collect…

16 CAR § 50-103. State district court judges’ program. (a) The state shall pay the salary and benefits of pilot state district court judges. (b) Each town, city, and county that has a pilot state district court judgeship created shall pay to the state an amount equal to its propo…

16 CAR § 50-104. Notices. (a)(1) When any town, city, or county fails to timely report and/or remit the required fees, fines, or court costs, the Administration of Justice Funds Section will send notices to the mayor, district judge, district court clerk, circuit clerk, or other …

16 CAR § 50-105. Judicial remedies to collect delinquent funds. (a) The Chief Fiscal Officer of the State may request that the Attorney General file a civil suit in circuit court against the town, city, or county that fails to comply with the provisions of Arkansas Code § 16-10-3…

16 CAR § 60-101. Membership and officers of the board. (a) The Crime Victims Reparations Board shall consist of five (5) members appointed by the Governor to serve four-year terms and until the successor is appointed and qualified. (b) At least two (2) members of the board shall …

16 CAR § 60-102. Purpose of the board. (a) The purpose of the Crime Victims Reparations Board shall be to hear and decide all matters relating to crime victims reparations applications. (b) The board shall have the authority to award compensation to victims of crime for economic …

16 CAR § 60-103. Powers and duties of the board. The Crime Victims Reparations Board shall have the power: (1) To hear and determine all matters relating to applications filed with the board for compensation, including the power to reinvestigate or reopen claims without regard to…