Title 16, Practice, Procedure, And Courts

(a) (1) A person who is placed on supervised probation or suspended imposition of sentence or is released on parole or post-release supervision under this chapter is required to agree to a waiver as a condition of his or her supervised probation, suspended imposition of sentence,…

(a) The Division of Correction shall screen inmates nearing release from incarceration and the Division of Community Correction shall screen parolees and probationers under supervision for Medicaid eligibility. (b) If an inmate nearing release from incarceration, parolee, offende…

A parolee or probationer who is enrolled in a Medicaid program shall be referred to mental health or substance abuse treatment, or both, when the referral is included as part of a court order, supervision plan, or treatment plan.

Unless otherwise prohibited by law, the Department of Human Services shall cooperate with the Division of Correction and the Division of Community Correction to establish protocols for utilizing Medicaid to reimburse the Division of Correction, Division of Community Correction, D…

The Department of Correction and the Department of Community Correction each may contract with a provider in order to facilitate the enrollment of an inmate, a probationer, or a parolee in Medicaid.

A person required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., who is under felony probation or released on parole or post-release supervision shall have as a term and condition of his or her probation, parole, or post-releas…

(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; …

(a) The State of Arkansas hereby finds that the cost of incarcerating the ever-increasing numbers of offenders in traditional penitentiaries is skyrocketing, bringing added fiscal pressures on state government, and that some inmates can be effectively punished, with little risk t…

As used in this subchapter: (1) “Board” means the Board of Corrections; (2) “Community correction” means:(A) Probation, a judicially imposed criminal sanction permitting varying levels of supervision of eligible offenders in the community;(B) Economic sanctions programs, includin…

(1) The Board of Corrections shall have the following duties and responsibilities with regard to community correction programming:(1) Establish community correction programs to which eligible offenders may be assigned as a condition of probation, sentenced to by the trial court p…

(a) The Board of Corrections shall implement a correctional plan, to be developed in conjunction with the Arkansas Sentencing Commission, which ensures the efficient use of prison beds, which are becoming scarce resources, through the development and expansion of community correc…

(a) The Board of Corrections shall promulgate policies and rules relating to the operation of community correction facilities and programs, the supervision of eligible offenders participating therein, and the termination of that participation, including but not limited to:(1) The…

(a) Upon the sentencing or placing on probation of any person under the provisions of this subchapter, the sentencing court shall issue an order or commitment, whichever is appropriate, in writing, setting forth the following:(1) That the offender is being:(A) Committed to the Di…

(a) (1) (A) Upon commitment of an eligible offender to the Division of Correction, the Division of Correction will transfer the eligible offender to a community correction program, when he or she reaches his or her transfer date, in accordance with the rules promulgated by the Bo…

The Division of Correction, the Board of Corrections, the Division of Community Correction, the Post-Prison Transfer Board, and all governmental agencies and units utilizing eligible offenders in community correction programs as defined in this subchapter are immune from liabilit…

Nothing in this subchapter shall grant any offender the right to be sentenced or transferred under this subchapter as a matter of right.

(1) As used in this subchapter:(1) “Correctional institution” means any state or privately operated prison, community correctional facility, county jail, city jail, or any other state, local, or privately operated detention facility; and(2) “Community supervision officer” means a…

(a) The purpose of this subchapter is to provide community supervision officers with information so they can make informed programming decisions and direct offenders to autoimmune deficiency syndrome-related resources, including appropriate financial, housing, legal, medical, and…

(1) It is the intent of the General Assembly to:(1) Establish rules for facilities that house offenders who have been transferred, paroled, or placed on probation through the Arkansas criminal justice system in order to promote, protect, and improve the health, safety, and welfar…

(1) As used in this subchapter:(1) “Applicant” means any individual, business, or organization that has applied to receive an Arkansas transitional housing facility license;(2) “License” means an Arkansas transitional housing facility license; and(3) (A) “Transitional housing” me…

(a) The Board of Corrections shall promulgate rules or develop administrative directives that set minimum standards for all transitional housing facilities in the State of Arkansas. (b) (1) The Post-Prison Transfer Board, a district court, or a circuit court shall not release a t…

(a) The Division of Community Correction shall implement the rules or administrative directives described in § 16-93-1603. (b) (1) The division shall be responsible for the enforcement of the rules and administrative directives established by the Board of Corrections under § 16-9…

(a) In order to operate a transitional housing facility for criminal offenders who have been transferred, paroled, or placed on probation through the Arkansas criminal justice system, the operator shall obtain a license by facility type from the Division of Community Correction. …

(1) The Administrative Office of the Courts shall:(1) Create the Swift and Certain Accountability on Probation Pilot Program, awarding up to five (5) grants in the program's first year to counties or judicial districts requesting funds to establish probation programs to be admini…

(a) A county or judicial district may apply for a grant award under this subchapter by submitting a written application to the Administrative Office of the Courts. (b) The application shall include the following:(1) A description of the proposed probation program and the need in …

(a) A grant awarded under this subchapter shall be used by the grantee to establish probation programs that:(1) Identify probationers for enrollment in the probation program, through, among other tools, a validated risk-needs assessment tool, who are:(A) Serving a term of probati…

(a) Each county or judicial district receiving a grant under this subchapter shall:(1) Not later than twelve (12) months after an initial grant award under this section and annually thereafter through the end of the grant period calculate the amount of cost savings and costs aver…

(a) This subchapter applies to a felony offense committed on or after January 1, 2025. (b) A person who, before January 1, 2025, committed a felony and who was convicted and incarcerated for that felony is eligible for release on parole in accordance with the law in effect at the…

(1) As used in this subchapter:(1) (A) “Felony ineligible to receive earned release credits” means a felony offense for which a person is not eligible for release until one hundred percent (100%) of the sentence imposed by the sentencing court has been served.(B) “Felony ineligib…

(a) A person who, on or after January 1, 2025, commits a felony ineligible to receive earned release credits and who is convicted and incarcerated for the felony ineligible to receive earned release credits is not eligible for release before serving the entire term of imprisonmen…

(1) Except as provided in § 16-93-1803, a person who commits a felony on or after January 1, 2025, and who is convicted and incarcerated for that felony is eligible for release as follows:(1) A person who commits an offense meeting the definition of target group as defined under …

(a) An inmate under sentence for a felony and who is eligible for release may be transferred to post-release supervision under this section and § 16-93-1903 subject to rules promulgated by the Board of Corrections or the Post-Prison Transfer Board and conditions adopted by the Po…

(a) An inmate under sentence for a felony, except those designated as a felony ineligible to receive earned release credits under § 16-93-1802, may be transferred to post-release supervision under §§ 16-93-1903 and 16-93-1904 subject to rules promulgated by the Board of Correctio…

(a) (1) A risk and needs assessment that evaluates and quantifies the inmate's risk to reoffend following release shall inform the transfer determination, along with other relevant information.(2) If transfer to post-release supervision is granted, the risk and needs assessment u…

(a) When a hearing is needed to determine whether to transfer an inmate to post-release supervision, the Post-Prison Transfer Board shall conduct a hearing to determine the appropriateness of the inmate for transfer to post-release supervision. (b) At the conclusion of a hearing …

(a) The Post-Prison Transfer Board shall conduct open meetings and shall make public its findings for each inmate eligible for transfer to post-release supervision. (b) (1) Open meetings under this section may be conducted through videoconference technology if the inmate is house…

(a) (1) Before the Post-Prison Transfer Board grants a transfer of an inmate to post-release supervision, the board shall solicit the written recommendations of the committing court, the prosecuting attorney, and the county sheriff of the county from which the inmate was committe…

(a) (1) The Post-Prison Transfer Board shall establish a set of conditions that are applicable to all inmates transferred to post-release supervision.(2) The set of conditions established by the Post-Prison Transfer Board under subdivision (a)(1) of this section is subject to per…

The Post-Prison Transfer Board shall adopt rules to implement this subchapter.

This subchapter applies to a felony offense committed on or after January 1, 2025.

(1) As used in this subchapter:(1) “Community supervision officer” means an employee of the Division of Community Correction who is tasked with the supervision of offenders released to post-release supervision or persons who otherwise fall under the supervisory authority of the d…

(a) (1) The Post-Prison Transfer Board may transfer to post-release supervision an eligible inmate who is confined in a correctional institution administered by the Division of Correction or the Division of Community Correction, if the board determines:(A) There is a reasonable p…

(a) Before the Post-Prison Transfer Board may grant a transfer to post-release supervision based on accrual and application of earned release credits, the board shall:(1) Notify and solicit the written recommendations of the committing court, the prosecuting attorney, and the cou…

(a) (1) For a person under sentence for a term of imprisonment for which he or she is eligible for transfer to post-release supervision upon accrual and award of earned release credits, the inmate is subject to post-release supervision for the remainder of the term of imprisonmen…

(a) (1) The Director of the Division of Community Correction with the advice of the Board of Corrections shall establish written policies and procedures governing the supervision of offenders released to a term of post-release supervision by the Post-Prison Transfer Board.(2) The…

(a) (1) (A) The Division of Community Correction may sanction offenders on post-release supervision administratively without utilizing the revocation process under § 16-93-1908.(B) An administrative sanction as described in subdivision (a)(1)(A) of this section is an intermediate…