Title 16, Practice, Procedure, And Courts

(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…

(a) (1) (A) At any time during an offender's post-release supervision, the Post-Prison Transfer Board may issue a warrant for the arrest of the offender for violation of any of the conditions of post-release supervision or may issue a notice to appear to answer a charge of a viol…

(a) (1) The following persons have the power to issue oaths, subpoena witnesses to appear, and subpoena the production of any relevant books, papers, records, or documents under this subchapter:(A) The Chair of the Post-Prison Transfer Board or his or her designee;(B) The adminis…

(a) (1) Except as specified in subdivision (a)(2) of this section, the Post-Prison Transfer Board shall prohibit, as a condition of granting transfer to post-release supervision, an offender from residing in a residence with a minor, if the offender was convicted of one (1) or mo…

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

(a) (1) There is created the Post-Prison Transfer Board, to be composed of seven (7) members to be appointed from the state at large by the Governor and confirmed by the Senate.(2) (A) (i) A member of the board shall be a full-time official of this state and shall not have any ot…

(a) The Post-Prison Transfer Board shall adopt an official seal of which the courts shall take judicial notice. (b) The board shall keep a record of its acts and shall notify each institution and facility of its decisions relating to persons who have been confined therein. (c) (1…

(1) It shall be the duty of any correctional official to:(1) Grant access at all reasonable times to any prisoner over whom the Post-Prison Transfer Board has jurisdiction under this chapter to the members of the board or its properly accredited representatives;(2) Provide the bo…

(a) (1) (A) All applications for pardon, commutation of sentence, reprieve, respite, or remission of fine or forfeiture shall be signed by the applicant under oath.(B) For purposes of § 5-53-102, the application shall be deemed an official proceeding.(2) An applicant shall obtain…

(a) The Post-Prison Transfer Board may request the appropriate board or commission having jurisdiction over parole, post-release supervision, or transfer matters in other states or the United States Parole Commission to make recommendations concerning whether Arkansas inmates con…

(a) The Post-Prison Transfer Board shall serve as the revocation review board for any person subject to either parole, post-release supervision, or transfer from prison. (b) Revocation proceedings for either parole, post-release supervision, or transfer shall follow all legal req…

(a) (1) (A) At least thirty (30) days before granting an application for pardon, commutation of sentence, or remission of fine or forfeiture, the Governor shall file with the Secretary of State a notice of his or her intention to grant the application.(B) The Governor shall also …

The Division of Correction and the Division of Community Correction may provide services, furnishings, equipment, and office space to assist the Post-Prison Transfer Board in fulfilling the purposes for which the board was created by law.

(a) (1) The Post-Prison Transfer Board shall submit a monthly report to the chairs of the House Committee on Judiciary and the Senate Committee on Judiciary, the Legislative Council, the Board of Corrections, and the Governor, showing the number of persons who make application fo…