Title 16, Practice, Procedure, And Courts

As used in this subchapter, “sealing” means the procedure and effect as defined in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.

(a) (1) A person may not avail himself or herself of the provisions of this section and §§ 16-93-301 and 16-93-303 on more than one (1) occasion.(2) Any person seeking to avail himself or herself of the benefits of this section and §§ 16-93-301 and 16-93-303 who falsely testifies…

(a) (1) (A) (i) When an accused enters a plea of guilty or nolo contendere prior to an adjudication of guilt, the circuit court or district court, in the case of a defendant who previously has not been convicted of a felony, without making a finding of guilt or entering a judgmen…

(a) All district court judges and circuit court judges shall immediately report to the Arkansas Crime Information Center, in the form prescribed by the center, all probations of criminal defendants under §§ 16-93-301 — 16-93-303. (b) Prior to granting probation to a criminal defe…

(a) If a person enters a plea of guilty or nolo contendere to or is found guilty of a sexual offense under § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110, or incest, § 5-26-202, perpetrated against a minor and is otherwise elig…

(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 probationers designed to enhance public safety and to assist the probationers in integrating into …

(a) (1) A defendant arrested for violation of suspension or probation is entitled to a preliminary hearing to determine whether there is reasonable cause to believe that he or she has violated a condition of suspension or probation.(2) The preliminary hearing shall be conducted b…

(a) (1) At any time before the expiration of a period of suspension of sentence or probation, a court may summon a defendant on probation or who is serving a suspended imposition of sentence to appear before the court or may issue a warrant for the defendant's arrest.(2) The warr…

(a) Following a revocation hearing held under § 16-93-307 and in which a defendant on probation or who is serving a suspended imposition of sentence has been found guilty or has entered a plea of guilty or nolo contendere, the court may:(1) Continue the period of suspension of se…

(a) When a person sentenced under a community correction program, § 5-4-312, violates any terms or conditions of his or her sentence or term of probation, revocation of the sentence or term of probation shall be consistent with the procedures under this subchapter. (b) Upon revoc…

(1) If the court has suspended imposition of sentence or placed a defendant on probation conditioned upon the defendant's making restitution and the defendant has not satisfactorily made all of his or her payments when the probation period has ended, the court may:(1) Continue to…

(a) During a period of suspension or probation, upon the petition of a probation officer or a defendant or upon the court's own motion, a court may:(1) Modify a condition imposed on the defendant;(2) Impose an additional condition authorized by § 5-4-303;(3) Impose an additional …

(a) If a defendant during a period of probation goes from a county where he or she is being supervised to another county, jurisdiction over the defendant may be transferred in the discretion of the supervising court to a court of comparable jurisdiction in the other county if the…

(a) (1) The court may discharge the defendant from probation at any time.(2) If a judgment of conviction was not entered by the court at the time of suspension or probation and the defendant fully complies with the conditions of suspension or probation for the period of suspensio…

(a) Death Sentence. An individual under sentence of death is not eligible for release on parole or post-release supervision. (b) Life Imprisonment. (1) An individual sentenced to life imprisonment prior to March 1, 1968, and any individual sentenced to life imprisonment after Feb…

(a) It is the purpose and intent of this section and §§ 16-93-603 and 16-93-604 to establish parole eligibility for a person convicted of a felony committed on or after April 1, 1977, and prior to April 1, 1983. (b) Nothing in this section and §§ 16-93-603 and 16-93-604 is to be …

(1) For the purposes of §§ 16-93-602 — 16-93-604, inmates are to be classified as follows:(1) A first offender is an inmate convicted of one (1) or more felonies but who has not been incarcerated in some correctional institution in the United States, whether local, state, or fede…

(a) A person who committed felonies prior to April 1, 1977, and who was convicted and incarcerated therefor, is eligible for release on parole in accordance with the parole eligibility law in effect at the time the crime was committed. (b) A person who committed felonies on and a…

(a) As used in this section, “felony” means a crime classified as Class Y felony, Class A felony, or Class B felony by the laws of this state. (b) For the purposes of § 16-93-607, inmates shall be classified as follows:(1) A first offender is an inmate convicted of one (1) or mor…

(a) As used in this section, “felony” means a crime classified as Class Y felony, Class A felony, or Class B felony by the laws of this state. (b) A person who committed a felony prior to April 1, 1983, and who was convicted and incarcerated for that felony, shall be eligible for…

A person who commits a Class C felony or Class D felony on or after April 1, 1983, and who is incarcerated therefor is eligible for release on parole after having served one-third (⅓) of his or her sentence, with credit for good-time allowances, or one-third (⅓) of the time to wh…

(a) Any person who commits murder in the first degree, § 5-10-102, rape, § 5-14-103, or aggravated robbery, § 5-12-103, subsequent to March 24, 1983, and who has previously been found guilty of or pleaded guilty or nolo contendere to murder in the first degree, § 5-10-102, rape, …

(a) Time served is deemed to begin on the day sentence is imposed, not on the day a prisoner is received by the Division of Correction. It shall continue only during the time in which a prisoner is actually confined in a county jail or other local place of lawful confinement or w…

(a) A person's parole eligibility shall be determined by the laws in effect at the time of the offense for which he or she is sentenced to the Division of Correction. (b) For an offender serving a sentence for a felony committed before April 1, 1977, § 16-93-601 governs that pers…

(a) Except for a person subject to delayed release under § 5-4-405 and except for a drug offense addressed in § 16-93-618 or a Class Y felony addressed in § 5-4-104(c)(2), § 16-93-614, or § 16-93-618, a person who commits a Class Y felony, Class A felony, or Class B felony and wh…

(a) As used in this section and §§ 16-93-615 — 16-93-617, “felonies” means those crimes classified as Class Y felonies, Class A felonies, Class B felonies, Class C felonies, Class D felonies, or unclassified felonies by the laws of this state. (b) (1) A person who committed a fel…

(a) (1) (A) An inmate under sentence for any felony, except those listed in § 5-4-104(c)(2) or subsection (b) of this section, shall be transferred from the Division of Correction to the Division of Community Correction under this section and §§ 16-93-614, 16-93-616, and 16-93-61…

(a) (1) Time served for a sentence shall be deemed to begin on the day sentence is imposed, not on the day a prisoner is received by the Division of Correction.(2) Time served shall continue only during the time in which an individual is actually confined in a county jail or othe…

(a) In the event an offender transferred under this section, §§ 16-93-614 — 16-93-616, or § 16-93-618 violates the terms or conditions of his or her transfer, a hearing shall follow all applicable legal requirements and shall be subject to any additional policies and rules set by…

(a) (1) Notwithstanding any law allowing the award of meritorious good time or any other law to the contrary, and subject to provisions requiring that an offender serve a greater percentage of his or her sentence in § 16-93-609 or delayed release under § 5-4-405, a person who is …

The Post-Prison Transfer Board may adopt rules to implement, administer, and enforce this subchapter.

(a) An inmate sentenced for one (1) of the following felonies on or after April 1, 2015, is eligible for discretionary transfer to the Division of Community Correction by the Post-Prison Transfer Board after having served one-third (⅓) or one-half (½) of his or her sentence, with…

(a) (1) (A) A minor who was convicted and sentenced to the former Department of Correction or the Division of Correction for an offense committed before he or she was eighteen (18) years of age and in which the death of another person did not occur is eligible for release on paro…

(a) The Post-Prison Transfer Board may discharge a person from parole or post-release supervision if the person:(1) Was released on parole or post-release supervision under § 16-93-621 or any provision of this chapter in which the person's parole or post-release supervision term …

(a) (1) The Post-Prison Transfer Board may release on parole any eligible inmate who is confined in any correctional institution administered by the Division of Correction or the Division of Community Correction, when in the board's opinion there is a reasonable probability that …

(a) Before the Post-Prison Transfer Board shall grant any parole, the board shall solicit the written or oral recommendations of the committing court, the prosecuting attorney, and the county sheriff of the county from which the inmate was committed. (b) If the person whose parol…

(a) The Post-Prison Transfer Board shall not schedule parole hearings at which victims or relatives of victims of crime are invited to appear at a facility wherein inmates are housed other than the Central Administration Building of the Division of Correction at Pine Bluff. (b) N…

(a) At the time that any person is paroled by the Post-Prison Transfer Board, the board shall give written notice of the granting of the parole to the county sheriff, the committing court, and the chief of police of all cities of the first class of the county from which the perso…

(a) (1) (A) (i) At any time during a parolee's release on parole, the Post-Prison Transfer Board may issue a warrant for the arrest of the parolee for violation of any conditions of parole or may issue a notice to appear to answer a charge of a violation.(ii) The Division of Comm…

(a) (1) The Chair of the Post-Prison Transfer Board or his or her designee, the hearing officer presiding over any preliminary hearing with respect to an alleged parole violation, the administrator of the Post-Prison Transfer Board, or any member of the board pursuant to the auth…

(a) As used in this section:(1) “Approved electronic monitoring or supervising device” means an electronic device approved by the Board of Corrections that meets the minimum Federal Communications Commission regulations and requirements and that utilizes available technology that…

(a) Whenever an inmate in a facility of the Division of Correction who has been found guilty of or has pleaded guilty or nolo contendere to any sexual offense defined in § 5-14-101 et seq., or incest as defined by § 5-26-202, and the sexual offense or incest was perpetrated again…

(a) (1) Subject to conditions set by the Post-Prison Transfer Board, an offender convicted of a felony and sentenced to a term of imprisonment of two (2) years or less in the Division of Correction, and who has served his or her term of imprisonment in a county jail prior to bein…

(a) As used in this section, “approved electronic monitoring or supervising device” means a device described in § 16-93-708(a). (b) (1) (A) Subject to the provisions of subdivision (b)(2) of this section, an inmate serving a sentence in the Division of Correction may be released …

(a) (1) The Post-Prison Transfer Board shall establish written policies and procedures governing the supervision of parolees designed to enhance public safety and to assist the parolees in reintegrating into society.(2) (A) The supervision of parolees shall be based on evidence-b…

The Post-Prison Transfer Board may adopt rules to implement, administer, and enforce this subchapter.