Title 16 — Practice, Procedure, And Courts

(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.C.A. § 16-93-209Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(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…

(a) (1) As used in this section, “transitional housing” means a program that provides housing for one (1) or more offenders who have been:(A) Paroled or transferred to post-release supervision from the Division of Correction by the Post-Prison Transfer Board;(B) Placed on probati…

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

(a) To the extent permitted by federal law, the Post-Prison Transfer Board shall post on the board's website the following information concerning an inmate who is being considered for parole or post-release supervision no less than six (6) months before his or her transfer-eligib…

(a) As used in this section, “mobile application” means a computer software program designed to run on a smartphone, computer tablet, or other mobile device. (b) (1) To the extent permitted by federal law, the Post-Prison Transfer Board shall administer a mobile application that …

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.C.A. § 16-93-401Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

A.C.A. § 16-93-402Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

A.C.A. § 16-93-403Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(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…