Earning Safe Reentry Through Work Act — Definitions

Ark. Code Ann. § 16-93-112 — under Probation and Parole.

Ark. Code Ann. § 16-93-112

(a) As used in this section:(1) “Eligible employment” means any occupation or combination of occupations for which a supervised offender can provide documentation of verifiable wage-earning hours in the amount of at least one hundred and thirty (130) hours per thirty-day period; (2) “Supervised offender” means an individual on probation, parole, or post-release supervision under the supervision of the Division of Community Correction;(3) “Supporting documentation” means an employment record, pay stub, employment letter, contract, or other similarly reliable method of employment verification, as determined by the division;(4) “Work-for-time credit” means a credit that is equal to a one (1) day reduction in a supervised offender's sentence that can be accrued for maintaining eligible employment; and(5) “Working days” means a business day that does not include Saturday, Sunday, or a state or federal holiday.

(1) “Eligible employment” means any occupation or combination of occupations for which a supervised offender can provide documentation of verifiable wage-earning hours in the amount of at least one hundred and thirty (130) hours per thirty-day period; (2) “Supervised offender” means an individual on probation, parole, or post-release supervision under the supervision of the Division of Community Correction;

(3) “Supporting documentation” means an employment record, pay stub, employment letter, contract, or other similarly reliable method of employment verification, as determined by the division;

(4) “Work-for-time credit” means a credit that is equal to a one (1) day reduction in a supervised offender's sentence that can be accrued for maintaining eligible employment; and

(5) “Working days” means a business day that does not include Saturday, Sunday, or a state or federal holiday.

(b) For offenses committed on or after April 17, 2025, each supervised offender who maintains eligible employment shall accrue work-for-time credits under the following conditions:(1) The supervised offender shall provide supporting documentation of eligible employment to the community supervision officer responsible for the supervised offender's supervision at each meeting with his or her community supervision officer;(2) (A) The community supervision officer shall verify the supervised offender's eligible employment through the supervised offender's supporting documentation and any other means that the division determines necessary.(B) The community supervision officer shall enter the supporting documentation into and record the supervised offender's accrual of all work-for-time credits in the supervised offender's file within five (5) working days of verifying the supervised offender's eligible employment;(3) A supervised offender, including a person who is being supervised in another state, shall accrue five (5) work-for-time credits for every thirty-day-period in which the offender maintains eligible employment, except for the sixty-day-period immediately prior to the supervised offender's adjusted sentence end date during which no work-for-time credits shall accrue;(4) If the supervised offender's probation, parole, or post-release supervision is revoked or if the supervised offender is convicted of a new criminal offense or if the supervised offender provides fraudulent employment documents, the supervised offender forfeits all previously accrued work-for-time credits; and(5) (A) A supervised offender shall not receive a work-for-time credit if the supervised offender's supporting documentation is unverifiable, inaccurate, or absent from his or her file.(B) If a request for a work-for-time credit is denied, the community supervision officer shall record the reason for the denial of the work-for-time credit in the supervised offender's file.

(1) The supervised offender shall provide supporting documentation of eligible employment to the community supervision officer responsible for the supervised offender's supervision at each meeting with his or her community supervision officer;

(2) (A) The community supervision officer shall verify the supervised offender's eligible employment through the supervised offender's supporting documentation and any other means that the division determines necessary.(B) The community supervision officer shall enter the supporting documentation into and record the supervised offender's accrual of all work-for-time credits in the supervised offender's file within five (5) working days of verifying the supervised offender's eligible employment;

(A) The community supervision officer shall verify the supervised offender's eligible employment through the supervised offender's supporting documentation and any other means that the division determines necessary.

(B) The community supervision officer shall enter the supporting documentation into and record the supervised offender's accrual of all work-for-time credits in the supervised offender's file within five (5) working days of verifying the supervised offender's eligible employment;

(3) A supervised offender, including a person who is being supervised in another state, shall accrue five (5) work-for-time credits for every thirty-day-period in which the offender maintains eligible employment, except for the sixty-day-period immediately prior to the supervised offender's adjusted sentence end date during which no work-for-time credits shall accrue;

(4) If the supervised offender's probation, parole, or post-release supervision is revoked or if the supervised offender is convicted of a new criminal offense or if the supervised offender provides fraudulent employment documents, the supervised offender forfeits all previously accrued work-for-time credits; and

(5) (A) A supervised offender shall not receive a work-for-time credit if the supervised offender's supporting documentation is unverifiable, inaccurate, or absent from his or her file.(B) If a request for a work-for-time credit is denied, the community supervision officer shall record the reason for the denial of the work-for-time credit in the supervised offender's file.

(A) A supervised offender shall not receive a work-for-time credit if the supervised offender's supporting documentation is unverifiable, inaccurate, or absent from his or her file.

(B) If a request for a work-for-time credit is denied, the community supervision officer shall record the reason for the denial of the work-for-time credit in the supervised offender's file.

(c) There is no right to appeal the denial or forfeiture of work-for-time credits under this section.

(d) The community supervision officer responsible for supervising a supervised offender who accrues work-for-time credits shall notify the sentencing court of the supervised offender's accrual of work-for-time credits no less than sixty (60) days in advance of the supervised offender's adjusted sentence end date, which includes the accrual of work-for-time credits up to the date of the notification.