Stricken language would be deleted from and underlined language would be added to present law.
*JLC013* 03-30-2023 14:29:46 JLC013
State of Arkansas As Engrossed: S3/30/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 495 3
4
By: Senators Gilmore, J. Dismang, J. Boyd, J. Bryant, Caldwell, Crowell, B. Davis, Dees, J. English, 5
Flippo, K. Hammer, Hester, Hill, Irvin, B. Johnson, M. Johnson, M. McKee, C. Penzo, J. Petty, Rice, 6
Stone, G. Stubblefield, D. Wallace, A. Clark 7
By: Representatives Gazaway, M. Shepherd, Achor, Andrews, Barker, Beck, Beaty Jr., Bentley, M. Berry, 8
S. Berry, Breaux, Brooks, K. Brown, M. Brown, Burkes, Joey Carr, John Carr, Cavenaugh, C. Cooper, 9
Cozart, Crawford, Dalby, Duffield, Eaves, Eubanks, Evans, C. Fite, L. Fite, Fortner, Furman, Gramlich, 10
Haak, Hawk, G. Hodges, Holcomb, Hollowell, L. Johnson, Ladyman, Lundstrum, Maddox, McAlindon, 11
McCollum, McGrew, B. McKenzie, McNair, S. Meeks, Milligan, J. Moore, Painter, Pearce, Pilkington, 12
Ray, R. Scott Richardson, Richmond, Rose, Rye, Schulz, Steimel, Tosh, Underwood, Vaught, Walker, 13
Wardlaw, Warren, Watson, Wing, Wooldridge, Wooten 14
15
For An Act To Be Entitled 16
AN ACT TO CREATE THE PROTECT ARKANSAS ACT ; TO AMEND 17
ARKANSAS LAW CONCERN ING SENTENCING AND P AROLE; TO 18
AMEND ARKANSAS LAW C ONCERNING CERTAIN CR IMINAL 19
OFFENSES; TO AMEND A RKANSAS LAW CONCERNI NG THE PAROLE 20
BOARD; TO CREATE THE LEGISLATIVE RECIDIVI SM REDUCTION 21
TASK FORCE; AND FOR OTHER PURPOSES. 22
23
24
Subtitle 25
TO CREATE THE PROTECT ARKANSAS ACT; TO 26
AMEND ARKANSAS LAW CONCERNING SENTENCING 27
AND PAROLE; TO AMEND ARKANSAS LAW 28
CONCERNING CERTAIN CRIMINAL OFFENSES; AND 29
TO CREATE THE LEGISLATIVE RECIDIVISM 30
REDUCTION TASK FORCE. 31
32
33
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 34
35
SECTION 1. DO NOT CODIFY. This act shall be known as the "Protect 36 As Engrossed: S3/30/23 SB495
2 03-30-2023 14:29:46 JLC013
Arkansas Act". 1
2
SECTION 2. Arkansas Code Title 16, Chapter 93, is amended to add 3
additional subchapters to read as follows: 4
Subchapter 18 — Release Eligibility and Procedures for Offenses Committed 5
on or after January 1, 2025 6
7
16-93-1801. Applicability. 8
(a) This subchapter applies to a felony offense committed on or after 9
January 1, 2025. 10
(b) A person who, before January 1, 2025, committed a felony and who 11
was convicted and incarcerated for that felony is eligible for release on 12
parole in accordance with the law in effect at the time the felony was 13
committed. 14
15
16-93-1802. Definitions. 16
As used in this subchapter: 17
(1)(A) “Felony ineligible to receive earned release credits” 18
means a felony offense for which a person is not eligible for release until 19
one hundred percent (100%) of the sentenced imposed by the sentencing court 20
has been served. 21
(B) "Felony ineligible to receive earned release credits" 22
includes only the following felony offenses, or an attempt, solicitation, or 23
conspiracy to commit one (1) of the following felony offenses: 24
(i) Capital murder, § 5 -10-101; 25
(ii) Murder in the fi rst degree, § 5-10-102; 26
(iii) Kidnapping, § 5 -11-102, if a Class Y felony; 27
(iv) Aggravated robbery, § 5 -12-103; 28
(v) Rape, § 5-14-103; 29
(vi) Trafficking of persons, § 5 -18-103; 30
(vii) Engaging children in sexually explicit conduct 31
for use in visual or print medium, § 5 -27-303; 32
(viii) Pandering or possessing visual or print 33
medium depicting sexually explicit conduct involving a child, § 5 -27-304; 34
(ix) Transportation of minors for prohibited sexual 35
conduct, § 5-27-305; 36 As Engrossed: S3/30/23 SB495
3 03-30-2023 14:29:46 JLC013
(x) Internet stalking of a child, § 5 -27-306; 1
(xi) Sexually grooming a child, § 5 -27-307, if a 2
felony offense; 3
(xii) Producing, directing, or promoting a sexual 4
performance by a child, § 5 -27-403; 5
(xiii) Computer exploitation of a child, § 5 -27-605; 6
(xiv) Causing a catastrophe, § 5 -38-202(a); 7
(xv) Aggravated residential burglary, § 5 -39-204, if 8
a Class Y felony; 9
(xvi) Treason, § 5-51-201; 10
(xvii) Fleeing, § 5 -54-125, if a Class B felony; and 11
(xviii) Possession of firear ms by certain persons, § 12
5-73-103, if a Class B felony; and 13
(2)(A) “Restricted release felony” means a felony offense for 14
which a person is not eligible for release until at least eighty -five percent 15
(85%) of the sentenced imposed by the sentencing court has been served. 16
(B) "Restricted release felony" includes only the following 17
felony offenses, or an attempt, solicitation, or conspiracy to commit one (1) 18
of the following felony offenses: 19
(i) Murder in the second degree, § 5 -10-103; 20
(ii) Manslaughter, § 5 -10-104; 21
(iii) Negligent homicide, § 5 -10-105; 22
(iv) Encouraging the suicide of another person, § 5 -23
10-107; 24
(v) Kidnapping, § 5 -11-102, if a Class B felony; 25
(vi) Battery in the first degree, § 5 -13-201; 26
(vii) Terroristic act, § 5-13-310; 27
(viii) Sexual indecency with a child, § 5 -14-110; 28
(ix) Sexual extortion, § 5 -14-113; 29
(x) Exposing another person to human 30
immunodeficiency virus, § 5 -14-123; 31
(xi) Sexual assault in the first degree, § 5 -14-124; 32
(xii) Unlawful female genital mutilation of a minor, 33
§ 5-14-136; 34
(xiii) Crime of video voyeurism, § 5 -16-101, if a 35
Class C felony offense; 36 As Engrossed: S3/30/23 SB495
4 03-30-2023 14:29:46 JLC013
(xiv) Voyeurism, § 5 -16-102, if a Class C felony 1
offense; 2
(xv) Patronizing a victim of human tra fficking, § 5-3
18-104; 4
(xvi) Grooming a minor for future sex trafficking, § 5
5-18-106; 6
(xvii) Traveling for the purpose of an unlawful sex 7
act with a minor, § 5 -18-107; 8
(xviii) Domestic battering in the first degree, § 5 -9
26-303; 10
(xix) Aggravated assault on a family or household 11
member, § 5-26-306, if under § 5-26-306(a)(3); 12
(xx) Permitting abuse of a minor, § 5 -27-221, if a 13
Class B felony; 14
(xxi) Exposing a child to a chemical substance or 15
methamphetamine, § 5 -27-230; 16
(xxii) Employing or consenting to the use of a child 17
in a sexual performance, § 5 -27-402; 18
(xxiii) Arson, § 5-38-301, if a Class Y felony; 19
(xxiv) Aggravated residential burglary, § 5 -39-204, 20
if a Class A felony; 21
(xxv) Advocating assassination or overthrow of 22
government, § 5-51-202; 23
(xxvi) First degree escape, § 5 -54-110; 24
(xxvii) Soliciting material support for terrorism, § 25
5-54-202(a); 26
(xxviii) Providing material support for a terrorist 27
act, § 5-54-202(b); 28
(xxix) Making a terro rist threat, § 5-54-203; 29
(xxx) Falsely communicating a terrorist threat, 5 -30
54-204; 31
(xxxi) Terrorism, § 5 -54-205; 32
(xxxii) Hindering prosecution of terrorism, § 5 -54-33
207; 34
(xxxiii) Exposing the public to toxic biological, 35
chemical, or radioactive substances, § 5 -54-208; 36 As Engrossed: S3/30/23 SB495
5 03-30-2023 14:29:46 JLC013
(xxxiv) Use of a hoax substance or hoax bomb, § 5 -1
54-209; 2
(xxxv) Engaging in a continuing criminal enterprise, 3
§ 5-64-405; 4
(xxxvi) Delivery of fentanyl, § 5 -64-421(c); 5
(xxxvii) Manufacture of fentanyl, § 5-64-421(d); 6
(xxxviii) Trafficking a controlled substance, § 5 -7
64-440; 8
(xxxix) Driving or boating while intoxicated, sixth 9
or subsequent offense, § 5 -65-111(f); 10
(xl) Promoting prostitution in the first degree, § 11
5-70-104, if a Class B felon y; 12
(xli) Arming rioters, § 5 -71-204; 13
(xlii) Criminal use of prohibited weapons, § 5 -73-14
104, if a Class B felony; 15
(xliii) Criminal possession of explosive material or 16
a destructive device, § 5 -73-108(a); 17
(xliv) Criminal distribution of e xplosive material, 18
§ 5-73-108(b); 19
(xlv) Possession of stolen explosive material, § 5 -20
73-108(c); 21
(xlvi) Unlawful receipt or possession of an 22
explosive material, § 5 -73-108(d); 23
(xlvii) Theft of any explosive material with the 24
purpose to cause harm to a person or property, § 5 -73-108(f); 25
(xlviii) Possession or use of weapons by 26
incarcerated persons, § 5 -73-131; 27
(xlix) Possession or use of a machine gun in the 28
course of a criminal offense, § 5 -73-211; 29
(l) Unlawful discharge of a firearm from a vehicle 30
in the first degree, § 5 -74-107(a); 31
(li) Using a born-alive infant for scientific 32
research or other kind of experimentation, § 20 -16-604(i); 33
(lii) Partial-birth abortion, § 20 -16-1203; and 34
(liii) Performing an abortion in violation of the 35
Arkansas Unborn Child Protection from Dismemberment Abortion Act, § 20 -16-36 As Engrossed: S3/30/23 SB495
6 03-30-2023 14:29:46 JLC013
1801 et seq. 1
2
16-93-1803. Release eligibility for felony ineligible for earned 3
release credits or restricted release felony comm itted on or after January 1, 4
2025. 5
(a) A person who, on or after January 1, 2025, commits a felony 6
ineligible to receive earned release credits and who is convicted and 7
incarcerated for the felony ineligible to receive earned release credits is 8
not eligible for release before serving the entire term of imprisonment 9
imposed by the sentencing court. 10
(b)(1) A person who, on or after January 1, 2025, commits a restricted 11
release felony and who was convicted and incarcerated for the restricted 12
release felony is not eligible for release prior to serving at least eighty -13
five percent (85%) of the term of incarceration imposed by the sentencing 14
court. 15
(2) A person serving a sentence for a restricted release felony 16
may accrue earned release credits in accordanc e with the policy adopted by 17
the Division of Correction and as described in § 12 -29-701 et seq. 18
(3) Earned release credits shall not be applied to a sentence for a 19
restricted release felony in an amount that exceeds fifteen percent (15%) of 20
the term of imprisonment imposed by the sentencing court. 21
(c) A person who commits a restricted release felony and who has 22
previously been convicted of a restricted release felony or a felony 23
ineligible to receive earned release credits is ineligible for release befo re 24
serving one hundred percent (100%) of the period of incarceration imposed by 25
the sentencing court. 26
27
16-93-1804. Release eligibility for felonies committed on or after 28
January 1, 2025. 29
Except as provided in § 16 -93-1803, a person who commits a felon y on or 30
after January 1, 2025, and who is convicted and incarcerated for that felony 31
is eligible for release as follows: 32
(1) A person who commits an offense meeting the definition of 33
target group as defined under § 16 -93-1202 and who is judicially or 34
administratively transferred to a community correction center is eligible for 35
transfer to post-release supervision as follows: 36 As Engrossed: S3/30/23 SB495
7 03-30-2023 14:29:46 JLC013
(A) If the person is transferred back to the Division of 1
Correction for disciplinary reasons, he or she is ineligible to accrue earned 2
release credits against the sentence for which he or she is transferred to 3
the Division of Correction for disciplinary reasons; 4
(B) If the person is transferred back to the Division of 5
Correction for administrative reasons, he or she may be con sidered for 6
transfer to post-release supervision as otherwise authorized in § 16 -93-1803 7
and this section; 8
(C) If the person is not transferred back to the Division 9
of Correction for administrative or disciplinary reasons, he or she is 10
eligible for release under § 12-27-127(c); and 11
(D) A person who has committed a felony that is within the 12
target group as defined under § 16 -93-1202 and who is transferred to 13
community supervision is eligible, under the rules established by the Post -14
Prison Transfer Board, for commitment to a community correction facility if 15
he or she is found to be in violation of any of his or her conditions of 16
post-release supervision, unless the post -release supervision violation 17
constitutes a non-target felony offense; 18
(2) For a person sentenced to death, life imprisonment without 19
parole, or life imprisonment: 20
(A) If the sentence is death or life imprisonment without 21
parole, the person is not eligible for transfer to post -release supervision 22
unless his or her sentence is pard oned or commuted to a term of years by the 23
Governor as provided by law; 24
(B) If the sentence is life imprisonment, the person is 25
not eligible for transfer to post -release supervision unless his or her 26
sentence is commuted to a term of years by executive clemency; 27
(C) Upon commutation, a person under sentence of death or 28
life imprisonment without parole must serve the entire term set by the 29
commutation; and 30
(D) Upon commutation, a person under a sentence of life 31
imprisonment is eligible for transf er to post-release supervision as provided 32
in this section or in § 16 -93-1803; 33
(3) A person sentenced for a felony who was a minor at the time 34
he or she committed the felony is eligible for release on the earlier of 35
either the date authorized by this se ction or the date authorized by § 16 -93-36 As Engrossed: S3/30/23 SB495
8 03-30-2023 14:29:46 JLC013
621; and 1
(4)(A) Every other person who is incarcerated for commission of 2
a felony is eligible for transfer to post -release supervision when the sum of 3
his or her actual time served in confinement and his or her ea rned release 4
credits equals or exceeds one hundred percent (100%) of the term of 5
imprisonment imposed by the sentencing court. 6
(B) The maximum amount of earned release credits that can 7
be accrued and granted by the Post -Prison Transfer Board under subd ivision 8
(4)(A) of this section is fifty percent (50%) or seventy -five percent (75%) 9
of the term of imprisonment imposed by the sentencing court, depending on the 10
seriousness determination provided in the seriousness grid or table 11
promulgated by the Arkansa s Sentencing Commission and approved by the 12
Legislative Council. 13
14
16-93-1805. Procedures for release — Generally. 15
(a) An inmate under sentence for a felony and who is eligible for 16
release, may be transferred to post -release supervision under this section 17
and § 16-93-1903 subject to rules promulgated by the Board of Corrections or 18
the Post-Prison Transfer Board and conditions adopted by the Post -Prison 19
Transfer Board. 20
(b) Notwithstanding any minimum serving requirement, upon 21
recommendation of the Director of the Division of Correction, the Post -Prison 22
Transfer Board may consider an inmate for transfer to post -release 23
supervision if: 24
(1) The inmate is at least sixty (60) years of age; and 25
(2) The inmate has served at least one -half (1/2) of his or her 26
sentence. 27
28
16-93-1806. Procedures for release — Hearing. 29
(a) An inmate under sentence for a felony, except those designated as 30
a felony ineligible to receive earned release credits under § 16 -93-1802, may 31
be transferred to post -release supervision under § 16-93-1903 and § 16-93-32
1904 subject to rules promulgated by the Board of Corrections or the Post -33
Prison Transfer Board and conditions adopted by the Post -Prison Transfer 34
Board. 35
(b) Before a hearing of the Post -Prison Transfer Board to consider a 36 As Engrossed: S3/30/23 SB495
9 03-30-2023 14:29:46 JLC013
transfer to post-release supervision, notification of the committing court, 1
the prosecuting attorney, county sheriff, and the victim or the victim’s next 2
of kin for an inmate under sente nce for an offense other than one (1) in the 3
target group as defined in § 16 -93-1202 shall follow the procedures stated in 4
§ 16-93-1810. 5
(c)(1) For an inmate under sentence for a felony within the target 6
group as defined in § 16 -93-1202, before the Post -Prison Transfer Board sets 7
conditions for transfer of the inmate to post -release supervision, a victim, 8
or his or her next of kin in cases in which the victim is unable to express 9
his or her desire, who has expressed the desire to be consulted by the Post -10
Prison Transfer Board shall be notified of the date, time, and place of the 11
transfer hearing. 12
(2)(A) A victim or his or her next of kin who desires to be 13
consulted by the Post -Prison Transfer Board under this section shall inform 14
the Post-Prison Transfer Board of his or her desire to be consulted in 15
writing at the time of sentence. 16
(B) A victim or his or her next of kin who does not inform 17
the Post-Prison Transfer Board of his or her desire to be consulted as 18
required under subdivision (c)(2)(A) of t his section is not required to be 19
notified by the Post -Prison Transfer Board. 20
(3)(A) Victim input to the Post -Prison Transfer Board under this 21
section is limited to oral or written recommendations on conditions relevant 22
to the inmate under review for tr ansfer to post-release supervision. 23
(B) The oral or written recommendations received under 24
this subsection are not binding on the Post -Prison Transfer Board but are 25
given due consideration within the resources available for transfer to post -26
release supervision. 27
28
16-93-1807. Risk and needs assessment to be considered — Release 29
without a hearing. 30
(a)(1) A risk and needs assessment that evaluates and quantifies the 31
inmate’s risk to reoffend following release shall inform the transfer 32
determination, along with other relevant information. 33
(2) If transfer to post -release supervision is granted, the risk 34
and needs assessment under this section and other relevant information shall 35
be used to set the conditions for post -release supervision. 36 As Engrossed: S3/30/23 SB495
10 03-30-2023 14:29:46 JLC013
(b)(1) Review of an inmate’s appropriateness for transfer to post -1
release supervision is based on rules and policies adopted by the board and 2
the board shall conduct a risk and needs assessment review as a part of the 3
review of the inmate's appropriateness for transfe r to post-release 4
supervision. 5
(2) The rules and policies adopted by the board under 6
subdivision (c)(1) of this section shall include without limitation: 7
(A) A provision for notification of the victim or his or 8
her next of kin that a hearing shall be held under this section; 9
(B) A requirement for keeping a record of the proceedings; 10
and 11
(C) A list of the criteria upon which a denial may be 12
based. 13
(c) In order to prepare applications for post -release supervision 14
transfer consideration, the Post-Prison Transfer Board shall: 15
(1) Begin transfer proceedings for post -release supervision or a 16
preliminary review for post -release supervision under this subchapter no 17
later than six (6) months before an inmate’s post -release supervision 18
transfer eligibility date; and 19
(2) Authorize procedures for jacket review , as defined in § 16 -20
93-101, no later than six (6) months before an inmate’s post -release 21
supervision transfer eligibility. 22
(d) The transfer review for post -release supervision may be con ducted 23
without a hearing when: 24
(1) The inmate has not received a major disciplinary report; 25
(2) There has not been a request by a victim or his or her next 26
of kin to have input on post -release supervision transfer conditions; and 27
(3) There is no indication in the risk and needs assessment 28
review under this section that special conditions need to be placed on the 29
inmate. 30
31
16-93-1808. Hearing procedure. 32
(a) When a hearing is needed to determine whether to transfer an 33
inmate to post-release supervision, the Post-Prison Transfer Board shall 34
conduct a hearing to determine the appropriateness of the inmate for transfer 35
to post-release supervision. 36 As Engrossed: S3/30/23 SB495
11 03-30-2023 14:29:46 JLC013
(b) At the conclusion of a hearing under this section, the board shall 1
issue one (1) of the following decisions: 2
(1) Transfer the inmate to post -release supervision as 3
authorized under § 16 -93-1901 et seq. and accompany the transfer with a 4
notice of the conditions of the transfer, including without limitation: 5
(A) Supervision levels; 6
(B) Economic fee sanction; 7
(C) Participation in a treatment program; 8
(D) Programming requirements; and 9
(E) Facility placement when appropriate; 10
(2)(A) Deny transfer of the inmate to post -release supervision 11
based on a set of established criteria and ac company the denial with a 12
prescribed course of action to be undertaken by the inmate to rectify the 13
board’s concern. 14
(B) Upon completion of the course of action determined by 15
the board under subdivision (b)(2)(A) of this section and after final review 16
of the inmate’s file to ensure successful completion of the course of action, 17
the board shall authorize the inmate’s transfer to the post -release 18
supervision under this subchapter in accordance with administrative rules and 19
policies governing the transfer and subject to the conditions attached to the 20
transfer. 21
(C) If an inmate fails to fulfill the course of action 22
outlined by the board to facilitate transfer to post -release supervision 23
under subdivision (b)(2)(A) of this section, it is the responsibilit y of the 24
inmate to petition the board for a rehearing; or 25
(3) Deny transfer of the inmate to post -release supervision for 26
a period of up to two (2) years. 27
(d) A transfer of an inmate to post -release supervision under 28
this section shall be issued upon the adoption of an order by the board in 29
accordance with the rules and policies adopted by the board under this 30
section. 31
32
16-93-1809. Open meetings. 33
(a) The Post-Prison Transfer Board shall conduct open meetings and 34
shall make public its findings for each inmate eligible for transfer to post -35
release supervision. 36 As Engrossed: S3/30/23 SB495
12 03-30-2023 14:29:46 JLC013
(b)(1) Open meetings under this section may be conducted through 1
videoconference technology if the inmate is housed in a county jail and if 2
the videoconference technology is available. 3
(2) Open meetings utilizing videoconference technology under 4
this section shall be conducted in public, except that inmate interviews and 5
related deliberations may be closed to the public. 6
7
16-93-1810. Notices required for hearings on transfer to post -release 8
supervision. 9
(a)(1) Before the Post -Prison Transfer Board grants a transfer of an 10
inmate to post-release supervision, the board shall solicit the written 11
recommendations of the committing court, the prosecuting attorney, and the 12
county sheriff of the county from which the inmate was committed. 13
(2) Notification of the committing court, the prosecuting 14
attorney, county sheriff, and the victim or the victim’s next of kin for a 15
inmate under sentence for an offense governed by this section shall follow 16
the procedures stated in this section. 17
(b)(1) If the inmate whose transfer to post -release supervision is 18
being considered by the board is under sentence for a felony other than a 19
felony in the target group as defined in § 16 -93-1202, the board shall als o 20
notify the victim of the offense or the victim’s next of kin of the transfer 21
hearing and shall solicit written recommendations from the victim or his or 22
her next of kin regarding the granting of the transfer unless the prosecuting 23
attorney has notified t he board at the time of commitment of the inmate that 24
the victim or his or her next of kin does not desire to be notified of future 25
transfer hearings. 26
(2) The written recommendations received under subdivision 27
(b)(1) of this section are not binding upon the board in the granting of any 28
transfer to post-release supervision but are maintained in the inmate’s 29
record. 30
(3) When soliciting written recommendations from a victim of an 31
offense, the board shall notify the victim or his or her next of kin of the 32
date, time, and place of the transfer hearing. 33
(c)(1) The board shall not schedule transfer hearings at which victims 34
or the next of kin of victims of offenses are invited to appear at a facility 35
where inmates are housed other than the Department of Cor rections 36 As Engrossed: S3/30/23 SB495
13 03-30-2023 14:29:46 JLC013
Headquarters building in North Little Rock. 1
(2) The board may conduct transfer hearings in two (2) sessions: 2
(A) One (1) session at the place of the inmate’s 3
incarceration with the inmate, the inmate’s witnesses, and correctional 4
facility personnel; and 5
(B) One (1) session for victims and the next of kin of 6
victims as stated in this section. 7
(d)(1) At the time that any inmate eligible for transfer to post -8
release supervision under this section is transferred by the board, the 9
Division of Community Correction shall give written notice of the granting of 10
the transfer to post -release supervision to the: 11
(A) County sheriff; 12
(B) Prosecuting attorney of the judicial district; 13
(C) Committing court; and 14
(D) Chief of police of e ach city of the first class of the 15
county from which the inmate was sentenced. 16
(2) If the inmate is transferred to a county other than the 17
county from which he or she was committed, the board shall give notice to the 18
chief of police or marshal of the ci ty or town to which the inmate is 19
transferred and to the county sheriff and prosecuting attorney of the county 20
from which the inmate was committed. 21
(e)(1) The prosecuting attorney of the county from which the inmate 22
was committed shall notify the board a t the time of commitment of the desire 23
of the victim or his or her next of kin to be notified of any future transfer 24
hearings and to forward to the board the last known address and telephone 25
number of the victim or his or her next of kin. 26
(2) It is the responsibility of the victim or his or her next of 27
kin to notify the board of any change in address or phone number. 28
(3) It is the responsibility of the victim or his or her next of 29
kin to notify the board after the date of commitment of any change in r egard 30
to the desire to be notified of any future transfer hearings. 31
32
16-93-1811. Post-release supervision. 33
(a)(1) The Post-Prison Transfer Board shall establish a set of 34
conditions that are applicable to all inmates transferred to post -release 35
supervision. 36 As Engrossed: S3/30/23 SB495
14 03-30-2023 14:29:46 JLC013
(2) The set of conditions established by the Post -Prison 1
Transfer Board under subdivision (a)(1) of this section is subject to 2
periodic review, revision, and approval as the Post -Prison Transfer Board 3
deems necessary. 4
(b)(1)(A) A course of action required by the Post -Prison Transfer 5
Board shall not be outside the current resources of the Division of 6
Correction. 7
(B) The conditions for post -release supervision set by the 8
Post-Prison Transfer Board shall not be outside the current resources of th e 9
Division of Community Correction. 10
(2) The Division of Correction and Division of Community 11
Correction shall strive to accommodate the actions required by the Board of 12
Corrections or the Post -Prison Transfer Board to the best of their abilities. 13
(c) Transfer to post-release supervision is not an award of clemency, 14
and it shall not be considered as a reduction of sentence or a pardon. 15
(d) An inmate on post -release supervision shall remain: 16
(1) In the legal custody of the Division of Correction; 17
(2) Under the supervision of the Division of Community 18
Correction; and 19
(3) Subject to the orders of the Post -Prison Transfer Board. 20
(e) Decisions on release to post -release supervision, courses of 21
action before transfer to post -release supervision, and post-release 22
supervision transfer conditions to be set by the Post -Prison Transfer Board 23
shall be: 24
(1) Informed by the risk and needs assessment tool under § 16 -25
93-1807; 26
(2) Reasonable and rational; and 27
(3) Defensible based on preestablished c riteria. 28
29
16-93-1812. Rules. 30
The Post-Prison Transfer Board shall adopt rules to implement this 31
subchapter. 32
33
Subchapter 19 — Post-Release Supervision for Persons Committing Offenses on 34
or after January 1, 2025 35
36 As Engrossed: S3/30/23 SB495
15 03-30-2023 14:29:46 JLC013
16-93-1901. Applicability. 1
This subchapter applies to a felony offense committed on or after 2
January 1, 2025. 3
4
16-93-1902. Definitions. 5
As used in this subchapter: 6
(1) "Community supervision officer" means an employee of the 7
Division of Community Correction who is tasked with the s upervision of 8
offenders released to post -release supervision or persons who otherwise fall 9
under the supervisory authority of the Division of Community Correction; 10
(2) "Eligible inmate" means an inmate eligible for post -release 11
supervision; 12
(3) "Felony ineligible for earned release credits" means the 13
same as defined in § 16 -93-1802; 14
(4) "Offender" means a person transferred to post -release 15
supervision; 16
(5) "Post-release supervision" means a period of community 17
supervision for an offender after his or her release from incarceration; and 18
(6) "Restricted release felony" means the same as defined in § 19
16-93-1802. 20
21
16-93-1903. Post-release supervision — Authority and parameters. 22
(a)(1) The Post-Prison Transfer Board may transfer to post-release 23
supervision an eligible inmate who is confined in a correctional institution 24
administered by the Division of Correction or the Division of Community 25
Correction, if the board determines: 26
(A) There is a reasonable probability that the eligib le 27
inmate can be transferred without detriment to the community or himself or 28
herself; 29
(B) The eligible inmate is able and willing to fulfill the 30
obligations of a law -abiding citizen; and 31
(C) That post-release supervision is in the best interest 32
of society. 33
(2) A transfer to post -release supervision under this section 34
shall issue upon the adoption of an order of the board. 35
(b)(1) Before ordering the transfer to post -release supervision of an 36 As Engrossed: S3/30/23 SB495
16 03-30-2023 14:29:46 JLC013
eligible inmate under this section, the board, a hearing judge, or an 1
investigator employed by the board shall interview the eligible inmate, 2
unless a hearing is not required under §§ 16 -93-1807 and 16-93-1808. 3
(2) The board shall consider the results of the risk and needs 4
assessments of all applicant s for transfer to post -release supervision. 5
(3) Transfer to post -release supervision shall not be considered 6
a reduction of a sentence or a pardon. 7
(4) An inmate on post -release supervision shall remain: 8
(A) In the legal custody of the Division of Correction; 9
(B) Under the supervision of the Division of Community 10
Correction; and 11
(C) Subject to the orders of the board. 12
13
16-93-1904. Post-release supervision — Required recommendations. 14
(a) Before the Post -Prison Transfer Board may grant a transfer to 15
post-release supervision based on accrual and application of earned release 16
credits, the board shall: 17
(1) Notify and solicit the written recommendations of the 18
committing court, the prosecuting attorney, and the county sheriff of the 19
county from which the inmate was committed as provided in § 16-93-1810; and 20
(2) Notify the victim or the next of kin as provided in § 16-93-21
1810. 22
(b) An inmate who is ineligible to accrue earned release credits may 23
be transferred to post -release supervision only if: 24
(1) Sentenced by the sentencing court to a period of post -25
release supervision to follow the inmate's term of imprisonment; and 26
(2) The inmate has served the entire sentence of imprisonment 27
before transfer to post -release supervision. 28
29
16-93-1905. Length of post -release supervision. 30
(a)(1) For a person under sentence for a term of imprisonment for 31
which he or she is eligible for transfer to post -release supervision upon 32
accrual and award of earned release credits, the inmate is subj ect to post-33
release supervision for the remainder of the term of imprisonment assessed by 34
the sentencing court. 35
(2) For a person under sentence for a term of imprisonment for 36 As Engrossed: S3/30/23 SB495
17 03-30-2023 14:29:46 JLC013
which he or she is not eligible to accrue or be awarded earned release 1
credits, the inmate is subject to a term of post -release supervision as 2
assessed by the sentencing judge under § 5-4-104(c). 3
(3) The term of supervised release, when aggregated with the 4
term of imprisonment imposed by the sentencing court, shall not exceed the 5
statutory maximum for the offense. 6
(b) If the sentencing court sentenced a person to a term of suspended 7
imposition of sentence to follow his or her term of imprisonment at the 8
Division of Correction, the period of post -release supervision runs 9
concurrently with the term of suspended imposition of sentence. 10
11
16-93-1906. Post-release supervision — Generally. 12
(a)(1) The Director of the Division of Community Correction with the 13
advice of the Board of Corrections shall establish written policies and 14
procedures governing the supervision of offenders released to a term of post -15
release supervision by the Post -Prison Transfer Board. 16
(2) The policies and procedures established under subdivision 17
(a)(1) of this section shall be designed to enhance public safet y and to 18
assist the offenders in reintegrating into society. 19
(3)(A) Supervision of offenders on post -release supervision 20
shall be based on evidence -based practices. 21
(B) Decisions concerning supervision of offenders shall 22
target the offender’s crimin al risk factors with appropriate supervision and 23
treatment. 24
(4) The Division of Community Correction shall assume 25
supervisory responsibilities over an offender when the offender is lawfully 26
set at liberty from the Division of Correction. 27
(b)(1) An offender assigned to a term of post -release supervision 28
shall be supervised by a community supervision officer employed by the 29
Division of Community Correction. 30
(2) A community supervision officer shall: 31
(A) Investigate all cases referred to him or her by the 32
Post-Prison Transfer Board, the Division of Community Correction, or the 33
prosecuting attorney; 34
(B) Furnish each offender on post -release supervision a 35
written statement of the conditions of post -release supervision and instruct 36 As Engrossed: S3/30/23 SB495
18 03-30-2023 14:29:46 JLC013
the offender that he or she is required to stay in compliance with the 1
conditions of post-release supervision or risk revocation under § 16 -93-1908; 2
(C) Develop a case plan for each offender who is 3
determined to be a moderate -risk or high risk to reoffend that: 4
(i) Is based on the risk and needs assessment under 5
§ 16-93-1807 and targets the criminal risk factors identified in the risk and 6
needs assessment; 7
(ii) Is responsive to the individual characteristics 8
of the offender; and 9
(iii) Provides a strategy for the supervision of the 10
offender according to that case plan; 11
(D) Stay informed of the conduct and condition of each 12
offender assigned to the community supervision officer through: 13
(i) Visitation; 14
(ii) Required reporting; or 15
(iii) Other methods and reporting to the sentencing 16
court of the information described in subdivisions (b)(2)(D)(i) and (ii) of 17
this section upon request; 18
(E) Use practicable and suitable methods that are 19
consistent with evidence -based practices to aid and enc ourage an offender on 20
post-release supervision to improve his or her conduct and condition and to 21
reduce the risk of recidivism; 22
(F)(i) Conduct a validated risk and needs assessment of 23
the offender on post -release supervision, including without limitat ion 24
criminal risk factors and specific individual needs. 25
(ii) The validated risk and needs assessment shall 26
include an initial screening and, if necessary, a comprehensive assessment. 27
(iii) The results of the validated risk and needs 28
assessment under § 16-93-1807 shall assist in making decisions that are 29
consistent with evidence -based practices on the type of supervision and 30
services necessary for each offender; and 31
(G) Receive annual training on evidence -based practices 32
and criminal risk fact ors as well as instruction on how to target criminal 33
risk factors to reduce recidivism. 34
(c)(1) The Division of Community Correction shall allocate resources, 35
including assignment of community supervision officers, to focus on moderate -36 As Engrossed: S3/30/23 SB495
19 03-30-2023 14:29:46 JLC013
risk and high-risk offenders as determined by the validated risk and needs 1
assessment provided under this section. 2
(2) The Division of Community Correction shall require public 3
and private treatment and service providers to use evidence -based programs 4
and practices if the public and private treatment and service providers 5
receive state funds for the treatment of or service of offenders on post -6
release supervision. 7
8
16-93-1907. Post-release supervision — Administrative sanctions. 9
(a)(1)(A) The Division of Community Corr ection may sanction offenders 10
on post-release supervision administratively without utilizing the revocation 11
process under § 16-93-1908. 12
(B) An administrative sanction as described in subdivision 13
(a)(1)(A) of this section is an intermediate sanction and is not a revocation 14
of post-release supervision. 15
(2)(A) The Division of Community Correction shall develop an 16
intermediate sanctions procedure and an intermediate sanctions grid to guide 17
a community supervision officer in determining the appropriate re sponse to a 18
violation of the conditions of supervision. 19
(B) Intermediate sanctions administered by the Division of 20
Community Correction shall conform to the intermediate sanctions grid. 21
(C) The intermediate sanctions grid shall include: 22
(i) An assignment of point values to commonly 23
occurring violations of terms of post -release supervision or criminal 24
behavior; 25
(ii) An assignment of point values to behaviors that 26
decrease the likelihood of recidivism including without limitation: 27
(a) Education; 28
(b) Workforce development; 29
(c) Community service; and 30
(d) Behavioral health programming; 31
(iii) Details on the mechanisms by which points are 32
accumulated and reduced; and 33
(iv) Guidance on which intermediate sanctions s hould 34
be applied at which points thresholds. 35
(3) Intermediate sanctions shall include without limitation: 36 As Engrossed: S3/30/23 SB495
20 03-30-2023 14:29:46 JLC013
(A) Community service; 1
(B) Increased substance abuse screening and treatment; 2
(C) Increased monitoring, including electronic monitoring 3
and home confinement; and 4
(D)(i) Incarceration in a county or regional jail for no 5
more than seven (7) days or incarceration in a Division of Correction 6
facility or a Division of Community Correction facility for no more than 7
ninety (90) days. 8
(ii)(a) Incarceration as an intermediate sanction 9
shall not be used more than six (6) times with an offender on post -release 10
supervision. 11
(b) If an offender on post -release supervision 12
accumulates no more than thirty (30) days’ incarceration in a co unty or 13
regional jail or more than three hundred sixty (360) days’ incarceration in a 14
Division of Correction facility or a Division of Community Correction 15
facility as an intermediate sanction, the community supervision officer shall 16
recommend a revocation of the offender’s post -release supervision under § 16 -17
93-1908. 18
(c) An offender shall not be incarcerated more 19
than two (2) times as a result of an intermediate sanction in a Division of 20
Correction facility during any two (2) year period. 21
(4) The Division of Community Correction shall: 22
(A) Notify the Post -Prison Transfer Board in writing when 23
an offender has been incarcerated due to an intermediate sanction under this 24
subsection; 25
(B) Include an explanation of the cause for incarceration; 26
and 27
(C) Include the result of the intermediate sanction, if 28
applicable. 29
(b) Any time in custody for which the offender on post -release 30
supervision is held, before a period of incarceration under this section is 31
administered, does not count as a period of incarceration ordered toward the 32
total accumulation of days of incarceration as stated in subsection (a) of 33
this section. 34
(c) A period of incarceration under this section: 35
(1) May be reduced by the Division of Correction for good 36 As Engrossed: S3/30/23 SB495
21 03-30-2023 14:29:46 JLC013
behavior and successful program completion; and 1
(2) Shall not be reduced under this section for more than fifty 2
percent (50%) of the total time of incarceration ordered to be served. 3
(d)(1) An offender subject to an intermediate sanction under 4
subsection (a) of th is section does not have the right to an attorney at the 5
intermediate sanction hearing. 6
(2) This subsection does not prohibit an offender from 7
conferring with a privately retained attorney during the intermediate 8
sanction process. 9
10
16-93-1908. Revocation of post-release supervision. 11
(a)(1)(A) At any time during an offender’s post -release supervision, 12
the Post-Prison Transfer Board may issue a warrant for the arrest of the 13
offender for violation of any of the conditions of post -release supervision 14
or may issue a notice to appear to answer a charge of a violation. 15
(B)(i) The board shall issue a warrant for the arrest of 16
an offender on post-release supervision if the board determines that the 17
offender has been charged with a felony ineligible to rece ive earned release 18
credits or a restricted release felony, as defined in § 16 -93-1802. 19
(ii) An offender arrested on a warrant issued under 20
subdivision (a)(1)(B)(i) of this section shall be detained pending a 21
mandatory post-release supervision hearing. 22
(C) The Division of Community Correction shall provide the 23
information necessary for the board to issue a warrant under this subdivision 24
(a)(1). 25
(2) A warrant or notice issued under subdivision (a)(1) of this 26
section shall be served personally upon the offender. 27
(3) A warrant issued under subdivision (a)(1) of this section 28
shall authorize all officers named in the warrant to place the offender in 29
custody at any suitable detention facility pending a hearing. 30
(4) A community supervision officer may arrest an offender on 31
post-release supervision without a warrant by giving him or her a written 32
statement stating that the offender, in the judgment of the community 33
supervision officer, violated the conditions of his or her post -release 34
supervision. 35
(5) A written statement under subdivision (a)(4) of this section 36 As Engrossed: S3/30/23 SB495
22 03-30-2023 14:29:46 JLC013
delivered by the arresting community supervision officer with the offender to 1
the official in charge of the detention facility to which the offender is 2
brought is sufficient for detaining t he offender pending disposition. 3
(6) If the board or its designee finds, by a preponderance of 4
the evidence, that the offender has inexcusably failed to comply with a 5
condition of his or her post -release supervision, the post -release 6
supervision may be revoked at any time before the expiration of the period of 7
post-release supervision. 8
(7) An offender serving on post -release supervision for whose 9
return a warrant has been issued by the board under this subsection shall be 10
deemed a fugitive from justic e if it is found that the warrant cannot be 11
served. 12
(b)(1) An offender transferred to or serving on post -release 13
supervision shall be entitled to a preliminary hearing to determine whether 14
there is reasonable cause to believe that the offender has violated a 15
condition of his or her post -release supervision. 16
(2) A preliminary hearing conducted under subdivision (b)(1) of 17
this section shall be scheduled within seven (7) days after arrest or within 18
seven (7) days after notice is served and shall be conducted within fourteen 19
(14) days after arrest or service of notice to appear, excluding a weekend, 20
holiday, or delay caused by an act of nature, by the revocation hearing judge 21
for the board and at a location reasonably near the place of the alleged 22
violation or the arrest. 23
(3) The offender shall be given notice of the date, time, and 24
location of the preliminary hearing and the conditions of post -release 25
supervision that the offender is alleged to have violated. 26
(4) Except as provided in subsection (d) of this section, the 27
offender has the right to hear and controvert evidence against him or her, to 28
offer evidence on his or her own behalf, and to be represented by counsel at 29
the preliminary hearing. 30
(5) If a revocation hearing judge finds after t he preliminary 31
hearing that there is reasonable cause to believe that an offender has 32
violated a condition of post -release supervision by committing a felony 33
ineligible to receive earned release credits or a restricted release felony, 34
as defined in § 16-93-1802, the revocation hearing judge shall order the 35
offender be returned to the nearest facility of the Division of Correction or 36 As Engrossed: S3/30/23 SB495
23 03-30-2023 14:29:46 JLC013
the Division of Community Correction where he or she shall be placed in 1
custody for a revocation hearing before the board. 2
(6) If a revocation hearing judge finds after the preliminary 3
hearing that there is reasonable cause to believe that an offender has 4
violated a condition of post -release supervision other than the commission of 5
a felony ineligible to receive earned release credits or a restricted release 6
felony, as defined in § 16 -93-1802, the revocation hearing judge shall: 7
(A) Order the offender be returned to the nearest facility 8
of the Division of Correction or the Division of Community Correction where 9
he or she shall be placed in custody for a revocation hearing before the 10
board; or 11
(B) Return the offender to post -release supervision with 12
or without additional supervision conditions in response to the violating 13
conduct. 14
(7)(A) If a revocation hearing judge does not find after the 15
preliminary hearing reasonable cause to believe that an offender has violated 16
a condition of post-release supervision, he or she shall order the offender 17
be released from custody. 18
(B) An order to release the offender from custod y under 19
subdivision (b)(7) of this section does not bar the board from holding a 20
revocation hearing on the alleged violation of a condition of post -release 21
supervision or from ordering the offender to appear before the board. 22
(8) A revocation hearing ju dge shall prepare and furnish to the 23
board and the offender a summary of the preliminary hearing proceedings, 24
including without limitation the substance of the evidence and testimony 25
considered along with his or her finding and order, within twenty -one (21) 26
days from the date of the preliminary hearing, excluding a weekend, holiday, 27
or delay caused by an act of nature. 28
(c)(1)(A) Unless a revocation hearing is knowingly and intelligently 29
waived by the offender, transfer to post -release supervision shall no t be 30
revoked except after a revocation hearing, which shall be conducted by the 31
board or its designee within a reasonable period after the offender’s arrest 32
or service of notice to appear. 33
(B) If a waiver is granted under subdivision (c)(1)(A) of 34
this section, the offender may subsequently appeal the waiver to the board. 35
(2) An offender shall be given notice of the date, time, and 36 As Engrossed: S3/30/23 SB495
24 03-30-2023 14:29:46 JLC013
location of the revocation hearing, the purpose of the revocation hearing, 1
and the conditions of supervision he or she is alleged to have violated. 2
(3) Except as provided in subsection (d) of this section, the 3
offender has the right to hear and controvert evidence against him or her, to 4
offer evidence in his or her own defense, and to be represented by counsel at 5
the revocation hearing. 6
(4) If post-release supervision is revoked after a revocation 7
hearing, the board or its designee shall prepare and furnish to the offender 8
a statement of evidence relied on and the reasons for revoking the post -9
release supervision. 10
(d) At a preliminary hearing under subsection (b) of this section or a 11
revocation hearing under subsection (c) of this section: 12
(1) The offender has the right to confront and cross -examine 13
adverse witnesses unless the revocation hearing judge, the board, o r the 14
designee of the board specifically finds good cause for not allowing 15
confrontation and cross -examination; and 16
(2) The offender may introduce any relevant evidence of the 17
alleged violation, including without limitation letters, affidavits, and 18
other documentary evidence, regardless of the admissibility of the evidence 19
under the rules governing the admission of evidence. 20
(e)(1) A preliminary hearing under subsection (b) of this section is 21
not required if the offender knowingly and intelligently wai ves the 22
preliminary hearing. 23
(2) If the preliminary hearing is not waived by the offender 24
under subsection (c) of this section, the revocation hearing shall be held 25
within fourteen (14) days after the arrest and reasonably near the place 26
where the alleged violation occurred or where the offender was arrested. 27
(f) A preliminary hearing under subsection (b) of this section and a 28
revocation hearing under subsection (c) of this section is not required if 29
the revocation is based on the offender’s conviction of a felony offense for 30
which he or she is sentenced to the Division of Correction or to any other 31
state or federal correctional institution. 32
(g) An offender may be held in a county or regional jail while 33
awaiting a revocation hearing and the ruling of the board or its designee 34
under this section. 35
(h) An offender whose post -release supervision is revoked under this 36 As Engrossed: S3/30/23 SB495
25 03-30-2023 14:29:46 JLC013
section due to a technical conditions violation or serious conditions 1
violation and who is sentenced to any period of incarceration resulti ng from 2
the revocation is subject to the periods of incarceration provided in § 16 -3
93-1907. 4
(i) Upon revocation under this section, an offender subject to a term 5
of post-release supervision for a felony ineligible to receive earned release 6
credits or a restricted release felony shall return to incarceration for the 7
entire remaining period of imprisonment or post -release supervision assessed 8
by the sentencing court. 9
10
16-93-1909. Subpoena of witnesses and documents for revocation of 11
post-release supervision. 12
(a)(1) The following persons have the power to issue oaths, subpoena 13
witnesses to appear, and subpoena the production of any relevant books, 14
papers, records, or documents under this subchapter: 15
(A) The Chair of the Post -Prison Transfer Board or his or 16
her designee; 17
(B) The administrator of the Post -Prison Transfer Board; 18
(C) Any member of the Post -Prison Transfer Board; and 19
(D) The revocation hearing judge presiding over any 20
preliminary hearing concerning an alleged violation of the conditions of 21
post-release supervision. 22
(2)(A) A subpoena issued under this section shall be: 23
(i) Directed to the county sheriff, county coroner, 24
or constable of any county where the design ated witness resides or is found; 25
and 26
(ii) Served and returned in the same manner as 27
subpoenas in civil actions in the circuit courts. 28
(B) An endorsed affidavit on a subpoena of a person 29
eighteen (18) years of age or older is proof of service of the subpoena. 30
(b) The fees and mileage expenses prescribed by law for witnesses in 31
civil cases shall be paid by the Division of Correction for any witness 32
subpoenaed to appear under this section. 33
(c)(1) If a person fails or refuses to comply with a sub poena issued 34
under this section to testify or answer to any matter regarding which the 35
person may be lawfully interrogated, a circuit court in this state, on 36 As Engrossed: S3/30/23 SB495
26 03-30-2023 14:29:46 JLC013
application of hearing officer or the chair, shall issue an attachment for 1
the person and compel h im or her to comply with the subpoena and appear 2
before the revocation hearing judge or the board and produce any testimony or 3
documents as may be required. 4
(2)(A) The circuit court shall have the same power to punish any 5
contempt, in case of disobedien ce, as in civil cases. 6
(B) It is a criminal violation for a witness to refuse or 7
neglect to appear and testify, punishable upon conviction by a fine of not 8
less than fifty dollars ($50.00) nor more than five hundred dollars ($500). 9
(d) A person knowingly testifying falsely under oath before the board 10
or at a preliminary hearing in which probable cause for revocation of 11
transfer to post-release supervision is to be considered as to any matter 12
material to lawful inquiry by the board or revocation heari ng judge may be 13
charged with perjury. 14
15
16-93-1910. Prohibition on sex offenders residing with minors. 16
(a)(1) Except as specified in subdivision (a)(2) of this section, the 17
Post-Prison Transfer Board shall prohibit, as a condition of granting 18
transfer to post-release supervision, an offender from residing in a 19
residence with a minor, if the offender was convicted of one (1) or more of 20
the following offenses perpetrated against a minor: 21
(A) A sexual offense as defined in § 5 -14-101 et seq.; 22
(B) Incest, § 5-26-202; or 23
(C) An offense under the Arkansas Protection of Children 24
Against Exploitation Act of 1979, § 5 -27-301 et seq. 25
(2) The board may permit an offender to reside in a residence 26
with a minor if the board finds that the offender no lon ger poses a danger to 27
any minor residing in the residence. 28
(b) If the board, upon a hearing under § 16 -93-1908, finds by a 29
preponderance of the evidence that the offender has failed to comply with a 30
condition of post-release supervision, the post -release supervision may be 31
revoked and the offender returned to the custody of the Division of 32
Correction. 33
34
16-93-1911. Rules. 35
The Post-Prison Transfer Board shall adopt rules to implement this 36 As Engrossed: S3/30/23 SB495
27 03-30-2023 14:29:46 JLC013
subchapter. 1
2
SECTION 3. Arkansas Code Title 5, Chapter 2, Subcha pter 3 is amended 3
to add a new section to read as follows: 4
5-2-332. Secured restoration program authorized. 5
(a) The purpose of this section is to provide an additional setting 6
for the provision of restorative treatment services in the least restrictive 7
environment. 8
(b) The Division of Aging, Adult, and Behavioral Health Services of 9
the Department of Human Services may establish and maintain a program to 10
provide restoration services in a secure setting for defendants who: 11
(1) Have been found to lack fitness to proceed; and 12
(2) Are not in an acute phase of illness requiring the services 13
of a psychiatric hospital. 14
(c)(1) A secure setting established under this section shall: 15
(A) Provide a twenty -four-hour program of care by 16
qualified clinicians and professional staff; and 17
(B) Admit each defendant for a term not to exceed one 18
hundred twenty (120) days, unless the division extends the term for good 19
cause. 20
(2) The division has the exclusive authority to determine 21
whether and when a defendant is admitted to the program based on the 22
defendant’s acuity, medical need, and other factors determined by the 23
division. 24
(3) The division may procure one (1) or more qualified vend ors 25
to operate the program in part or in whole. 26
27
SECTION 4. Arkansas Code § 5 -4-101(5), concerning definitions 28
applicable in Title 5, Chapter 4, is amended to read as follows: 29
(5) “Recidivism” means a criminal act that results in the 30
rearrest, reconviction, or return to incarceration of a person with or 31
without a new sentence or a revocation from parole or post -release 32
supervision during a three-year period following the person's release from 33
custody; 34
35
SECTION 5. Arkansas Code § 5 -4-104(c)-(e), concerning authorized 36 As Engrossed: S3/30/23 SB495
28 03-30-2023 14:29:46 JLC013
sentences generally, are amended to read as follows: 1
(c)(1)(A) Except as provided under subdivision (c)(2) of this section, 2
a defendant convicted of a Class Y felony , or murder in the second degree, § 3
5-10-103, or a felony ineligible to receive earned release credits as defined 4
in § 16-93-1802, shall be sentenced to a term of imprisonment in accordance 5
with §§ 5-4-401 — 5-4-404. 6
(B) In addition to imposing a term of imprisonment, the 7
trial court may sentence a defendant convicted of a Class Y felony or murder 8
in the second degree, § 5 -10-103, or a felony ineligible to receive earned 9
release credits as defined in § 16 -93-1802, to any one (1) or more of the 10
following: 11
(i) Pay a fine as authorized by §§ 5 -4-201 and 5-4-12
202; 13
(ii) Make restitution as authorized by § 5 -4-205; or 14
(iii) Suspend imposition of an additional term of 15
imprisonment, as authorized by subdivision (e)(3) of this section. 16
(C)(i) In addition to the term o f imprisonment imposed by 17
the trial court, the trial court shall impose a period of post -release 18
supervision for any defendant sentenced to a felony ineligible to receive 19
earned release credits or a restricted release felony, as defined in § 16 -93-20
1802, who is not sentenced to the statutory maximum for the offense. 21
(ii) The Post-Prison Transfer Board shall set the 22
terms and conditions of post -release supervision for a defendant subject to 23
subdivision (c)(1)(C)(i) of this section before the defendant’s release from 24
imprisonment. 25
(iii) The maximum terms of post -release supervision 26
that may be imposed under subdivision (c)(1)(C)(i) of this section are: 27
(a) For a Class Y felony, seven (7) years; 28
(b) For a Class A felony, a Class B felony, or 29
an unclassified felony with a maximum term of imprisonment exceeding ten (10) 30
years, five (5) years; and 31
(c) For all other felonies, three (3) years. 32
(iv) A term of post -release supervision, when 33
aggregated with the term of imprisonment impo sed by the trial court, shall 34
not exceed the statutory maximum for the offense. 35
(v) When a defendant is subject to an additional 36 As Engrossed: S3/30/23 SB495
29 03-30-2023 14:29:46 JLC013
term of post-release supervision on a sentence for which he or she is 1
required to serve one hundred percent (100%) of the term of imprisonment 2
imposed by the sentencing court, the jury shall be instructed as to the 3
potential additional term of post -release supervision. 4
(2) A defendant who was eighteen (18) years of age or older at 5
the time of the offense and who was convic ted of one (1) or more of the 6
following Class Y felonies in which the victim was less than fourteen (14) 7
years of age at the time of the offense shall be sentenced to life without 8
the possibility of parole: 9
(A) Rape involving forcible compulsion, § 5 -14-103(a)(1); 10
(B) Trafficking of persons, § 5 -18-103; 11
(C) Engaging children in sexually explicit conduct for use 12
in visual or print medium, § 5 -27-303; 13
(D) Transportation of minors for prohibited sexual 14
conduct, § 5-27-305; 15
(E) Producing, directing, or promoting a sexual 16
performance by a child, § 5 -27-403; and 17
(F) Computer exploitation of a child in the first degree, 18
§ 5-27-605. 19
(d) A defendant convicted of an offense other than a Class Y felony, 20
capital murder, § 5-10-101, treason, § 5-51-201, or murder in the second 21
degree, § 5-10-103, or a felony ineligible to receive earned release credits 22
as defined in § 16-93-1802, may be sentenced to any one (1) or more of the 23
following, except as precluded by subsection (e) of this section: 24
(1) Imprisonment as authorized by §§ 5 -4-401 — 5-4-404; 25
(2) Probation as authorized by §§ 5 -4-301 — 5-4-307 and 16-93-26
306 — 16-93-314; 27
(3) Payment of a fine as authorized by §§ 5 -4-201 and 5-4-202; 28
(4) Restitution as authorized by a provision of § 5-4-205; or 29
(5) Imprisonment and payment of a fine. 30
(e)(1)(A) The court shall not suspend imposition of sentence as to a 31
term of imprisonment nor place the defendant on probation for the following 32
offenses: 33
(i) Capital murder, § 5 -10-101; 34
(ii) Treason, § 5-51-201; 35
(iii) A Class Y felony, except to the extent 36 As Engrossed: S3/30/23 SB495
30 03-30-2023 14:29:46 JLC013
suspension of an additional term of imprisonment is permitted in subsection 1
(c) of this section; 2
(iv) Driving or boating while intoxicated, § 5 -65-3
103; 4
(v) Murder in the s econd degree, § 5-10-103, except 5
to the extent suspension of an additional term of imprisonment is permitted 6
in subsection (c) of this section; or 7
(vi) Engaging in a continuing criminal enterprise, § 8
5-64-405; 9
(vii) Furnishing a prohibited articl e, possessing a 10
prohibited article, using a prohibited article, or delivering a prohibited 11
article, § 5-54-119; or 12
(viii) A felony ineligible to receive earned release 13
credits as defined in § 16 -93-1802. 14
(B)(i) In any other case, the court may suspend imposition 15
of sentence or place the defendant on probation, in accordance with §§ 5 -4-16
301 — 5-4-307 and 16-93-306 — 16-93-314, except as otherwise specifically 17
prohibited by statute. 18
(ii) The court may not suspend execution of sentence. 19
(2) If the offense is punishable by fine and imprisonment, the 20
court may sentence the defendant to pay a fine and suspend imposition of the 21
sentence as to imprisonment or place the defendant on probation. 22
(3)(A) The court may sentence the defendant to a ter m of 23
imprisonment and suspend imposition of sentence as to an additional term of 24
imprisonment. 25
(B) However, the court shall not sentence a defendant to 26
imprisonment and place him or her on probation, except as authorized by § 5 -27
4-304. 28
(C) This subdivision (e)(3) does not prohibit a period of 29
post-release supervision as authorized in § 16 -93-1801 et seq. and § 16 -93-30
1901 et seq. 31
32
SECTION 6. Arkansas Code § 5 -4-107(a)(1), concerning extended 33
supervision and monitoring for certain sex offenders, is amended to read as 34
follows: 35
(a)(1) The Division of Correction within one hundred twenty (120) days 36 As Engrossed: S3/30/23 SB495
31 03-30-2023 14:29:46 JLC013
before the release on parole or post-release supervision of a person who is 1
required to register as a sex offender under the Sex Offender Registration 2
Act of 1997, § 12-12-901 et seq., shall notify in writing the prosecuting 3
attorney in the judicial district in which the person was sentenced of the 4
person's impending release on parole or post-release supervision. 5
6
SECTION 7. Arkansas Code § 5 -4-202, is amended to read as follows: 7
5-4-202. Alternative sentence prohibited — Time of payment. 8
(a) If the defendant is sentenced to pay a fine or costs, the court 9
shall not at the same time impose an alternative sentence or imprisonment to 10
be served if the fin e or costs are not paid. 11
(b)(1) If a defendant is sentenced to pay a fine or costs, the court 12
may grant permission for payment to be made: 13
(A) Within a specified period of time; or 14
(B) In specified installments. 15
(2) If Except as provided in su bsection (c) of this section, if 16
permission under subdivision (b)(1) of this section is not granted in the 17
sentence, the fine or costs are payable immediately. 18
(c)(1) If a defendant is sentenced to a term of imprisonment, fines 19
and costs shall be suspend ed for the period of confinement and the one 20
hundred twenty (120) days following the defendant’s release from custody. 21
(2) If a defendant is sentenced to a term of imprisonment, 22
restitution shall be suspended for the period of confinement and is payable 23
immediately following the defendant's release from custody. 24
25
SECTION 8. Arkansas Code § 5 -4-205(f)(1), concerning restitution to be 26
included as a condition of release, is amended to read as follows: 27
(f)(1) If the defendant is placed on probation or any form of 28
conditional release, any restitution ordered under this section is a 29
condition of the suspended imposition of sentence, probation, parole, post-30
release supervision, or transfer. 31
32
SECTION 9. Arkansas Code § 5-4-206(a), concerning the collection of 33
unpaid restitution and the interception of state income tax returns, is 34
amended to read as follows: 35
(a) As used in this section, “restitution order” means a judgment and 36 As Engrossed: S3/30/23 SB495
32 03-30-2023 14:29:46 JLC013
commitment sentencing order, judgment and disposition order, or other order 1
that imposes a duty on a defendant to pay restitution. 2
3
SECTION 10. Arkansas Code § 5 -4-301(a)(1), concerning crimes for which 4
suspension or probation is prohibited, is amended to read as follows: 5
(a)(1) A court shall not suspend imposition of sentence as to a term 6
of imprisonment or place a defendant on probation for the following offenses: 7
(A) Capital murder, § 5 -10-101; 8
(B) Treason, § 5-51-201; 9
(C) A Class Y felony, except to the extent susp ension of 10
an additional term of imprisonment is permitted in § 5 -4-104(c); 11
(D) Driving or boating while intoxicated, § 5 -65-103; 12
(E) Murder in the second degree, § 5 -10-103, except to the 13
extent suspension of an additional term of imprisonment is p ermitted in § 5-14
4-104(c); or 15
(F) Engaging in a continuing criminal enterprise, § 5 -64-16
405; 17
(G) Furnishing a prohibited article, possessing a 18
prohibited article, using a prohibited article, or delivering a prohibited 19
article, § 5-54-119; or 20
(H) A felony ineligible to receive earned release credits 21
as defined in § 16-93-1802. 22
23
SECTION 11. Arkansas Code § 5 -4-301, concerning crimes for which 24
suspension or probation is prohibited, is amended to add a new subsection to 25
read as follows: 26
(e)(1) Notwithstanding any provision prohibiting a sentence of 27
probation or suspended imposition of sentence for certain felonies, a court 28
may sentence a defendant to a term of imprisonment and suspend imposition of 29
sentence as to an additional term of imprisonme nt. 30
(2) However, a court shall not sentence a defendant to a term of 31
imprisonment and place him or her on probation, except as authorized in this 32
section. 33
(3) This section does not prohibit a period of post -release 34
supervision as authorized in § 16 -93-1801 et seq. and § 16 -93-1901 et seq. 35
36 As Engrossed: S3/30/23 SB495
33 03-30-2023 14:29:46 JLC013
SECTION 12. Arkansas Code § 5 -4-312(b)(3)(D), concerning a decision to 1
transfer a defendant from the Division of Correction to the Division of 2
Community Correction, is amended to read as follows: 3
(D) A decision to release a defendant administratively 4
transferred to the Division of Community Correction from the Division of 5
Correction under subdivision (b)(3)(A) of this section is vested solely with 6
the Parole Post-Prison Transfer Board. 7
8
SECTION 13. Arkansas C ode § 5-4-402(d)(1)(A), concerning transferring 9
a juvenile from the Division of Youth Services to the Division of Correction, 10
is amended to read as follows: 11
(d)(1)(A) A juvenile sentenced in circuit court who is less than 12
sixteen (16) years of age when s entenced shall be committed to the custody of 13
the Division of Youth Services until his or her sixteenth birthday, at which 14
time he or she shall be transferred to the Division of Correction, except as 15
provided by court order or parole decision made by the Parole Post-Prison 16
Transfer Board. 17
18
SECTION 14. Arkansas Code § 5 -4-403(a), concerning multiple sentences 19
and concurrent and consecutive terms, is amended to read as follows: 20
(a) When Except as provided in subsections (c) and (e) of this 21
section, when multiple sentences of imprisonment are imposed on a defendant 22
convicted of more than one (1) offense, including an offense for which a 23
previous suspension or probation has been revoked, the sentences shall run 24
concurrently unless, upon recommendation of t he jury or the court's own 25
motion, the court orders the sentences to run consecutively. 26
27
SECTION 15. Arkansas Code § 5 -4-403, concerning multiple sentences and 28
concurrent and consecutive terms, is amended to add an additional subsection 29
to read as follows: 30
(e)(1) If a defendant is sentenced to an additional term of 31
imprisonment due to a sentence enhancement and the statute governing the 32
sentence enhancement provides that the sentence enhancement shall run 33
consecutively, the sentence enhancement shall ru n consecutively to the 34
sentence imposed for the underlying offense. 35
(2) If a defendant is convicted of a felony for an offense 36 As Engrossed: S3/30/23 SB495
34 03-30-2023 14:29:46 JLC013
committed while serving a term of imprisonment at a facility operated or 1
contracted by the Division of Correction or the Divis ion of Community 2
Correction, the sentence for the offense committed while serving the term of 3
imprisonment shall run consecutively to the sentence for which the defendant 4
was serving the term of imprisonment. 5
(3) If a defendant is convicted of a felony for an offense 6
committed while on post -release supervision, the sentence for the offense 7
committed while on post -release supervision shall run consecutively to the 8
sentence for which the defendant was subject to post -release supervision. 9
10
SECTION 16. Arkansas Code § 5-4-501(c)(1) and (2), concerning habitual 11
offenders, are amended to read as follows: 12
(c)(1) Except as provided in subdivision (c)(3) of this section, a 13
defendant who is convicted of a serious felony involving violence enumerated 14
in subdivision (c)(2) of this section and who previously has been convicted 15
of one (1) or more of the serious felonies involving violence enumerated in 16
subdivision (c)(2) of this section may be sentenced to pay any fine 17
authorized by law for the serious felony involv ing violence conviction and 18
shall be sentenced: 19
(A) To to imprisonment for a term of not less than forty 20
(40) years nor more than eighty (80) years, or life ; and 21
(B) Without eligibility for parole or community correction 22
transfer except under § 16 -93-615. 23
(2) As used in this subsection, “serious felony involving 24
violence” means: 25
(A) Any of the following felonies: 26
(i) Murder in the first degree, § 5 -10-102; 27
(ii) Murder in the second degree, § 5 -10-103; 28
(iii) Kidnapping, § 5 -11-102, involving an activity 29
making it a Class Y felony; 30
(iv) Aggravated robbery, § 5 -12-103; 31
(v) Terroristic act, § 5 -13-310, involving an 32
activity making it a Class Y felony; 33
(vi) Rape, § 5-14-103; 34
(vii) Sexual assault in the first degree, § 5-14-35
124; 36 As Engrossed: S3/30/23 SB495
35 03-30-2023 14:29:46 JLC013
(viii) Causing a catastrophe, § 5 -38-202(a); 1
(ix) Aggravated residential burglary, § 5 -39-204; or 2
(x) Aggravated assault upon a law enforcement 3
officer or an employee of a correctional facility, § 5 -13-211, if a Class Y 4
felony; or 5
(xi) Capital murder, § 5 -10-101; or 6
(xii) Unlawful discharge of a firearm from a 7
vehicle, § 5-74-107; or 8
(B) A conviction of a comparable serious felony involving 9
violence from another jurisdiction. 10
11
SECTION 17. Arkansas Code § 5-4-501(d)(1) and (2), concerning habitual 12
offenders, are amended to read as follows: 13
(d)(1) A defendant who is convicted of a felony involving violence 14
enumerated in subdivision (d)(2) of this section and who previously has been 15
convicted of two (2) or more of the felonies involving violence enumerated in 16
subdivision (d)(2) of this section may be sentenced to pay any fine 17
authorized by law for the felony involving violence conviction and shall be 18
sentenced to an extended term of imprisonment without eligibility for parole 19
or community correction transfer except under § 16 -93-615 as follows: 20
(A) For a conviction of a Class Y felony, a term of 21
imprisonment of not less than life in prison; 22
(B) For a conviction of a Class A felony, a term of 23
imprisonment of not less than forty (40) years nor more than life in prison; 24
(C) For a conviction of a Class B felony or for a 25
conviction of an unclassified felony punishable by life imprisonment, a term 26
of imprisonment of not less than thirty (30) years nor mo re than sixty (60) 27
years; 28
(D) For a conviction of a Class C felony, a term of 29
imprisonment of not less than twenty -five (25) years nor more than forty (40) 30
years; 31
(E) For a conviction of a Class D felony, a term of 32
imprisonment of not less than twe nty (20) years nor more than forty (40) 33
years; and 34
(F) For a conviction of an unclassified felony punishable 35
by less than life imprisonment, a term of imprisonment not more than three 36 As Engrossed: S3/30/23 SB495
36 03-30-2023 14:29:46 JLC013
(3) times the maximum sentence for the unclassified felony offense. 1
(2) As used in this subsection, “felony involving violence” 2
means: 3
(A) Any of the following felonies: 4
(i) Murder in the first degree, § 5 -10-102; 5
(ii) Murder in the second degree, § 5 -10-103; 6
(iii) Kidnapping, § 5 -11-102; 7
(iv) Aggravated robbery, § 5 -12-103; 8
(v) Rape, § 5-14-103; 9
(vi) Battery in the first degree, § 5 -13-201; 10
(vii) Terroristic act, § 5 -13-310; 11
(viii) Sexual assault in the first degree, § 5 -14-12
124; 13
(ix) Sexual assault in the second degree, § 5-14-14
125; 15
(x) Domestic battering in the first degree, § 5 -26-16
303; 17
(xi) Residential burglary, § 5 -39-201(a); 18
(xii) (xi) Aggravated residential burglary, § 5 -39-19
204; 20
(xiii) (xii) Unlawful discharge of a firearm from a 21
vehicle, § 5-74-107; 22
(xiv) (xiii) Criminal use of prohibited weapons, § 23
5-73-104, involving an activity making it a Class B felony; 24
(xv) (xiv) A felony attempt, solicitation, or 25
conspiracy to commit: 26
(a) Capital murder, § 5 -10-101; 27
(b) Murder in the firs t degree, § 5-10-102; 28
(c) Murder in the second degree, § 5 -10-103; 29
(d) Kidnapping, § 5 -11-102; 30
(e) Aggravated robbery, § 5 -12-103; 31
(f) Aggravated assault upon a law enforcement 32
officer or an employee of a correctional facility, § 5 -13-211, if a Class Y 33
felony; 34
(g) Rape, § 5-14-103; 35
(h) Battery in the first degree, § 5 -13-201; 36 As Engrossed: S3/30/23 SB495
37 03-30-2023 14:29:46 JLC013
(i) Domestic battering in the first degree, § 1
5-26-303; or 2
(j) Residential burglary, § 5 -39-201(a); or 3
(k) (j) Aggravated residential burglary, § 5-4
39-204; or 5
(xvi) (xv) Aggravated assault upon a law enforcement 6
officer or an employee of a correctional facility, § 5 -13-211, if a Class Y 7
felony; or 8
(xvi) Capital murder, § 5 -10-101; or 9
(B) A conviction of a comparable felony involving violence 10
from another jurisdiction. 11
12
SECTION 18. DO NOT CODIFY. Residential burglary. 13
(a)(1) Residential burglary is removed from the definition of "felony 14
involving violence" under § 5 -4-501(d)(2) effective January 1, 2024. 15
(2) Because residential burglary is not a felony involving 16
violence as of January 1, 2024, residential burglary is not considered a 17
prior felony involving violence under § 5 -4-501 for offenses committed on or 18
after January 1, 2024. 19
(b) Aggravated residential b urglary remains a felony involving 20
violence under § 5-4-501. 21
22
SECTION 19. Arkansas Code § 5 -4-702(a), concerning enhanced penalties 23
for certain offenses committed in the presence of a child, is amended to read 24
as follows: 25
(a) A person who commits any of the following offenses may be subject 26
to an enhanced sentence of an additional term of imprisonment of not less 27
than one (1) year and not greater than ten (10) years if the offense is 28
committed in the presence of a child: 29
(1) Capital murder, § 5 -10-101; 30
(2) Murder in the first degree, § 5 -10-102; 31
(3) Murder in the second degree, § 5 -10-103; 32
(4) Aggravated robbery, § 5 -12-103; 33
(5) A felony offense of assault or battery under § 5 -13-201 et 34
seq.; 35
(6) Rape, § 5-14-103; 36 As Engrossed: S3/30/23 SB495
38 03-30-2023 14:29:46 JLC013
(7) Sexual assault in the second degree, § 5 -14-125; or 1
(8) A felony offense of domestic battering or assault on a 2
family or household member under §§ 5 -26-303 — 5-26-309; 3
(9) Unlawful discharge of a firearm from a vehicle, § 5 -74-107; 4
or 5
(10) Terroristic act, § 5 -13-310. 6
7
SECTION 20. Arkansas Code § 5 -4-702(e), concerning enhanced penalties 8
for offenses committed in the presence of a child, is amended to read as 9
follows: 10
(e) Any person convicted under this section is not eligible for early 11
release on parole, transfer to post-release supervision, or community 12
correction transfer for the enhanced portion of the sentence. 13
14
SECTION 21. Arkansas Code § 5 -4-707(f), concerning an additional term 15
of imprisonment for an offense constituting violence against a church or 16
other place of worship, is amended to read as follows: 17
(f) A person receiving an additional term of imprisonment under this 18
section is not eligible for early release on parole , transfer to post-release 19
supervision, or community correction transfer for the additional term of 20
imprisonment. 21
22
SECTION 22. Arkansas Code § 5 -4-803(c)(3), concerning community 23
service work as a sentencing alternative, is amended to read as follows: 24
(3) If an eligible offender withdraws consent to participate in 25
a community work project, the eligible offender is entitled to all good time , 26
and parole, and post-release supervision eligibility considerations as 27
provided by law. 28
29
SECTION 23. Arkansas Code § 5 -4-803(d)(5), concerning community 30
service work as a sentencing alte rnative, is amended to read as follows: 31
(5) If an eligible offender's conduct is found to be 32
unsatisfactory, the eligible offender is entitled to all good time , and 33
parole, and post-release supervision eligibility considerations as provided 34
by law. 35
36 As Engrossed: S3/30/23 SB495
39 03-30-2023 14:29:46 JLC013
SECTION 24. Arkansas Code § 5 -5-204(a)(1)(B), concerning the use or 1
sale of conveyances and the disposition of sale proceeds, is amended to read 2
as follows: 3
(B) After allowance for reasonable expenses of seizure and 4
maintenance of custody of the conveyance, the proceeds from a sale under 5
subdivision (a)(1)(A) of this section shall be used to satisfy any 6
outstanding restitution under § 5 -4-205 owed to a victim of an offense for 7
which the conveyance was used, if the victim files a petition with the 8
circuit court or makes a request to the circuit court within thirty (30) days 9
of the filing of the judgment and commitment sentencing order of the 10
convicted defendant. 11
12
SECTION 25. Arkansas Code § 5 -10-101(a)(3), concerning the murder of 13
certain persons as an element of capital murder, is amended to read as 14
follows: 15
(3) With the premeditated and deliberated purpose of causing the 16
death of any law enforcement officer, jailer, prison official, firefighter, 17
judge or other court official, probation officer, parole officer community 18
supervision officer, any military perso nnel, or teacher or school employee, 19
when such person is acting in the line of duty, the person causes the death 20
of any person; 21
22
SECTION 26. Arkansas Code § 5 -10-101(c)(1)(B), concerning the 23
punishment for capital murder if the defender was younger than the age of 24
eighteen (18) at the time of the capital murder, is amended to read as 25
follows: 26
(B) If the defendant was younger than eighteen (18) years 27
of age at the time he or she committed the capital murder, life imprisonment 28
with the possibility of p arole or transfer to post-release supervision after 29
serving a minimum of thirty (30) years' imprisonment. 30
31
SECTION 27. Arkansas Code § 5 -10-102(c)(2), concerning the punishment 32
for murder in the first degree if the defender was younger than the age of 33
eighteen (18) at the time of the murder in the first degree, is amended to 34
read as follows: 35
(2) Unless the application of § 16 -93-621 results in a person's 36 As Engrossed: S3/30/23 SB495
40 03-30-2023 14:29:46 JLC013
being eligible for parole or transfer to post-release supervision at an 1
earlier date, if a person was younger than eighteen (18) years of age at the 2
time he or she committed murder in the first degree and is sentenced to life 3
imprisonment, the person is eligible for parole or post-release supervision 4
after serving a minimum of twenty -five (25) years' imprisonment. 5
6
SECTION 28. Arkansas Code § 5 -10-104(c), concerning manslaughter, is 7
amended to read as follows: 8
(c) Manslaughter is a Class C B felony. 9
10
SECTION 29. Arkansas Code § 5 -10-105(b), concerning negligent 11
homicide, is amended to read as follows: 12
(b)(1) A person commits negligent homicide if he or she negligently 13
causes the death of another person. 14
(2) A person who violates subdivision (b)(1) of this section 15
upon conviction is guilty of a Class A misdemeanor D felony. 16
17
SECTION 30. Arkansas Code § 5-14-110(a)(4)(B), concerning sexual 18
indecency with a child committed by certain persons, is amended to read as 19
follows: 20
(B) Employed by or contracted with the Division of 21
Community Correction, a local law enforcement agency, a court, or a local 22
government and the actor is supervising the minor while the minor is on 23
probation, or parole, or post-release supervision or for any other court -24
ordered reason; 25
26
SECTION 31. Arkansas Code § 5 -14-112(b), concerning indecent exposure, 27
is amended to read as follows: 28
(b)(1) Except as provided in subdivisions (b)(2) and (b)(3) of this 29
section, indecent exposure is a Class A misdemeanor. 30
(2) Indecent exposure is a Class D felony: 31
(A) For a fourth or fifth conviction within ten (10) years 32
of a previous conviction, indecent exposure is a Class D felony. ; or 33
(B) If a person is in the custody of a correctional 34
facility or a detention facility at the time the person exposes his or her 35
sex organs. 36 As Engrossed: S3/30/23 SB495
41 03-30-2023 14:29:46 JLC013
(3) For a sixth conviction and each successive conviction within 1
ten (10) years of a previous conviction, indecent exposure is a Class C 2
felony. 3
4
SECTION 32. Arkansas Code § 5 -14-113 is amended to read as follows: 5
5-14-113. Sexual extortion. 6
(a) A person commits the offense of sexual extortion if: 7
(1) With the purpose to coerce another person to engage in 8
sexual contact or sexually explicit conduct, the person communicates a threat 9
to: 10
(A) Damage the property or harm the reputation of the 11
other person; or 12
(B) Produce or distribute a recording of the other person 13
engaged in sexually explicit conduct or depicted in a state of nudity; 14
(2) With the purpose to produce or distribute a recording of a 15
person in a state of nudity or engaged in sexually explicit conduct, the 16
person communicates a threat to: 17
(A) Damage the property or harm the reputation of the 18
other person; or 19
(B) Produce or distribute a recording of the other person 20
engaged in sexually explicit conduct or depicted in a state of nudity; or 21
(3) The person knowingly causes another person to engage in 22
sexual contact or sexually explicit conduct or to produce or distribute a 23
recording of a person in a state of nudity or engaged in sexually explicit 24
conduct by communicating a threat to: 25
(A) Damage the property or har m the reputation of the 26
other person; or 27
(B) Produce or distribute a recording of the other person 28
engaged in sexually explicit conduct or depicted in a state of nudity ; or 29
(4) The person knowingly demands payment of money or receipt of 30
anything of value by communicating a threat to distribute a recording of a 31
person engaged in sexually explicit conduct or depicted in a state of nudity . 32
(b) Sexual extortion is a Class B felony. 33
34
SECTION 33. Arkansas Code § 5 -14-124(a)(1)(B), concerning sexual 35
assault in the first degree committed by certain persons, is amended to read 36 As Engrossed: S3/30/23 SB495
42 03-30-2023 14:29:46 JLC013
as follows: 1
(B) Employed by or contracted with the Division of 2
Community Correction, a local law enforcement agency, a court, or a local 3
government and the actor is supervisin g the minor while the minor is on 4
probation, or parole, or post-release supervision or for any other court -5
ordered reason; 6
7
SECTION 34. Arkansas Code § 5 -14-125(a)(4)(A)(ii), concerning sexual 8
assault in the second degree committed by certain persons, is amended to read 9
as follows: 10
(ii) Employed by or contracted with the Division of 11
Community Correction, a local law enforcement agency, a court, or a local 12
government and the actor is supervising the minor while the minor is on 13
probation, or parole, or post-release supervision or for any other court -14
ordered reason; 15
16
SECTION 35. Arkansas Code § 5 -14-126(a)(1)(B), concerning sexual 17
assault in the third degree committed by certain persons, is amended to read 18
as follows: 19
(B) Employed by or contracted w ith the Division of 20
Community Correction, a local law enforcement agency, a court, or a local 21
government and the actor is supervising the person while the person is on 22
probation, or parole, or post-release supervision or for any other court -23
ordered reason; 24
25
SECTION 36. Arkansas Code § 5 -14-137(b)(1), concerning the prohibition 26
against a registered sex offender recording a person younger than fourteen 27
years of age, is amended to read as follows: 28
(1) Record a person under fourteen (14) years of age and p ost 29
the recording of the person on an online social media platform or other 30
internet website that allows the using or posting of a recording in any form 31
after the person has previously been warned of his or her possible criminal 32
exposure by a judge at the person's sentencing for the offense for which the 33
person is required to register as a sex offender, or by his or her parole or 34
probation community supervision officer that recording a person under 35
fourteen (14) years of age is a violation of his or her ter ms and conditions 36 As Engrossed: S3/30/23 SB495
43 03-30-2023 14:29:46 JLC013
of his or her probation , or parole, or post-release supervision; or 1
2
SECTION 37. Arkansas Code § 5 -36-103(b)(3), concerning theft of 3
property that is classified as Class D felony, is amended to add an 4
additional subdivision to read as f ollows: 5
(J) The value of the property is one thousand dollars 6
($1,000) or less and the person has been previously convicted of a theft 7
offense of any classification; or 8
9
SECTION 38. Arkansas Code § 5 -39-204, concerning aggravated 10
residential burglary , is amended to read as follows: 11
(a) A person commits aggravated residential burglary if he or she 12
commits residential burglary as defined in § 5 -39-201 of a residential 13
occupiable structure occupied by any person , and he or she either: 14
(1) Is The residential occupiable structure is occupied by 15
another person; or 16
(2) He or she is armed with a deadly weapon or represents by 17
word or conduct that he or she is armed with a deadly weapon ; or. 18
(2) Inflicts or attempts to inflict death or serious inj ury upon 19
another person. 20
(b) Aggravated residential burglary is a : 21
(1) Class Y felony if: 22
(A) Committed under subdivision (a)(2) of this section; or 23
(B) The person causes or attempts to cause death or 24
serious physical injury to another person; or 25
(2) Class A felony if otherwise committed . 26
27
SECTION 39. Arkansas Code § 5 -53-101(4)(A), concerning the definitions 28
used concerning offenses related to official proceedings, is amended to read 29
as follows: 30
(4)(A) “Official proceeding” means a pro ceeding heard before any 31
legislative, judicial, administrative, or other government agency or official 32
authorized to hear evidence under oath, including any referee, hearing 33
examiner, parole revocation hearing judge, commissioner, notary, or other 34
person taking testimony or depositions in any such proceeding. 35
36 As Engrossed: S3/30/23 SB495
44 03-30-2023 14:29:46 JLC013
SECTION 40. Arkansas Code § 5 -54-119, concerning the furnishing, 1
possessing, using, or delivering of a prohibited article, is amended to add 2
an additional subsection to read as follows: 3
(g) A person convicted of furnishing a prohibited article, possessing 4
a prohibited article, using a prohibited article, or delivering a prohibited 5
article and who, at the time of the offense, was an employee of, volunteer 6
for, or contractor with a correctional fa cility shall have his or her 7
sentence enhanced as follows: 8
(1)(A) The term of imprisonment is enhanced by up to ten (10) 9
additional years. 10
(B) The enhanced term of imprisonment under subdivision 11
(g)(1)(A) of this section is consecutive to any other sentence imposed. 12
(C) A person subject to an enhanced term of imprisonment 13
under subdivision (g)(1)(A) of this section is not eligible for parole, post -14
release supervision, or community correction transfer for the enhanced term 15
of imprisonment under su bdivision (g)(1)(A) of this section; and 16
(2) The fine is enhanced by up to ten thousand dollars 17
($10,000). 18
19
SECTION 41. Arkansas Code § 5 -54-129 is amended to read as follows: 20
5-54-129. Search of persons and vehicles entering institutions. 21
It is lawful for a superintendent, warden, or jailor, or his or her 22
duly authorized agent, to require, as a condition of admission, a reasonable 23
search as permitted by the Arkansas Constitution and the United States 24
Constitution of the person or vehicle of anyone seeking admission to, or to 25
visit in, the Department of Community Correction Corrections, jails, state 26
institutions, or other places where persons are confined. 27
28
SECTION 42. Arkansas Code § 5 -54-206(c), concerning enhanced penalties 29
for the offense of te rrorism, is amended to read as follows: 30
(c) Any person sentenced under this section is not eligible for early 31
release on parole, transfer to post-release supervision, or community 32
correction transfer for the enhanced portion of the sentence. 33
34
SECTION 43. Arkansas Code § 5 -55-107(c)(1), concerning restitution and 35
collection under the Medicaid Fraud Act, is amended to read as follows: 36 As Engrossed: S3/30/23 SB495
45 03-30-2023 14:29:46 JLC013
(c)(1) In addition to the judgment and commitment sentencing order in 1
a criminal case, a court shall enter a separate restitution order against the 2
defendant convicted of Medicaid fraud regarding restitution consistent with 3
this section and § 5 -55-108. 4
5
SECTION 44. Arkansas Code § 5 -64-407(c), concerning the manu facture of 6
methamphetamine in the presence of certain persons, is amended to read as 7
follows: 8
(c) Any person sentenced under this section is not eligible for early 9
release on parole, transfer to post-release supervision, or community 10
correction transfer for the enhanced portion of the sentence. 11
12
SECTION 45. Arkansas Code § 5 -64-411(c), concerning enhanced penalties 13
for controlled substances offenses in close proximity to certain facilities, 14
is amended to read as follows: 15
(c) Any person convicted under this section is not eligible for early 16
release on parole, transfer to post-release supervision, or community 17
correction transfer for the enhanced portion of the sentence. 18
19
SECTION 46. Arkansas Code § 5 -70-104(b), concerning promoting 20
prostitution in the first degree, is amended to read as follows: 21
(b) Promoting prostitution in the first degree is a : 22
(1) Class D felony under subdivision (a)(1) of this section; 23
(2) Class B felony under subdivision (a)(2) of this section . 24
25
SECTION 47. Arkansas Cod e § 5-65-115(a)(1), concerning alcohol 26
treatment or education programs for persons whose driving privileges are 27
suspended or revoked due to driving under the influence and related offenses, 28
is amended to read as follows: 29
(a)(1)(A) A person whose driving privileges are suspended or 30
revoked for violating § 5 -65-103, § 5-65-303, § 5-65-310, or § 3-3-203 is 31
required to complete an alcohol education program provided by a contractor 32
with the Division of Aging, Adult, and Behavioral Health Services of the 33
Department of Human Services or an alcoholism treatment program licensed by 34
the division. 35
(B) The Department of Human Services shall coordinate with the 36 As Engrossed: S3/30/23 SB495
46 03-30-2023 14:29:46 JLC013
Department of Corrections to license Department of Corrections employees or 1
contractors to provide the al cohol education or alcohol treatment program 2
required under subdivision (a)(1)(A) of this section to inmates. 3
4
SECTION 48. Arkansas Code § 5 -73-103(c)(1), concerning possession of 5
firearms by certain persons, is amended to read as follows: 6
(c)(1) A person who violates this section commits a Class B felony if: 7
(A) The person has a prior violent felony conviction; 8
(B) The person's current possession of a firearm involves 9
the commission of another crime; or 10
(C) The person has a prior felony con viction for an 11
offense that had as an element of the offense the use or possession of a 12
deadly weapon; or 13
(C)(D) The person has been previously convicted under this 14
section or a similar provision from another jurisdiction. 15
16
SECTION 49. Arkansas Cod e § 5-73-323, concerning licenses to carry a 17
concealed handgun held by certain persons, is amended to read as follows: 18
A member of the Parole Post-Prison Transfer Board, a board 19
investigator, or a parole revocation hearing judge who has been issued a 20
license to carry a concealed handgun by the Department Division of Arkansas 21
State Police under this subchapter may carry his or her concealed handgun 22
into a building in which or a location on which a law enforcement officer may 23
carry a handgun if the board member, board investigator, or parole revocation 24
hearing judge is on official business of the board. 25
26
SECTION 50. Arkansas Code § 9 -27-507(b)(2)(B), concerning penalties 27
for violating a disposition order in an extended juven ile jurisdiction case, 28
is amended to read as follows 29
(B) Statutory provisions prohibiting or limiting probation 30
or suspended imposition of sentence , or parole, or transfer to post -release 31
transfer for offenses when committed by an adult shall not apply to juveniles 32
sentenced as extended juvenile jurisdiction offenders. 33
34
SECTION 51. Arkansas Code § 9 -27-507(e)(4)(B), concerning options for 35
disposition at certain points in an extended juvenile juri sdiction case, is 36 As Engrossed: S3/30/23 SB495
47 03-30-2023 14:29:46 JLC013
amended to read as follows: 1
(B) Statutory provisions prohibiting or limiting probation 2
or suspended imposition of sentence , or parole, or post-release transfer for 3
offenses when committed by an adult shall not apply to juveniles sente nced as 4
extended juvenile jurisdiction offenders. 5
6
SECTION 52. Arkansas Code § 9 -27-510(a)(2), concerning placement of a 7
juvenile with the Division of Correction, is amended to read as follows: 8
(2) If a juvenile receives a sentence to the Division of 9
Correction before the juvenile's sixteenth birthday, the juvenile shall be 10
housed by the Division of Youth Services until that date, except as provided 11
by a court order or parole or post-release supervision decision made by the 12
Parole Post-Prison Transfer Board. 13
14
SECTION 53. Arkansas Code § 9 -27-510(c)(1)(A) and (B), concerning 15
placement of a juvenile with the Division of Correction, are amended to read 16
as follows: 17
(c)(1)(A) Juveniles sentenced to the Division of Correction pursuant 18
to extended juvenile jurisdiction are subject to parole and post-release 19
supervision as is any other inmate within the Division of Correction. 20
(B) Juveniles adjudicated for capital murder, § 5 -10-101, 21
or murder in the first degree, § 5 -10-102, are subject to parole or post-22
release supervision. 23
24
SECTION 54. Arkansas Code § 9 -28-409(f)(1), concerning criminal 25
background and child maltreatment checks for employees of child welfare 26
agencies, is amended to read as follows: 27
(f)(1) A person who is required to have a criminal records check under 28
subdivision (b)(1) or subdivision (c)(1) of this section who has pleaded 29
guilty or nolo contendere to or been found guilty of any of the offenses 30
listed in subdivision (e)(3) of this section shall be absolutely disqualified 31
from being an owner, operator, volunteer, foster parent, adoptive parent, 32
member of a child welfare agency's board of directors, or employee in a child 33
welfare agency during the period of the person's confinement, probation, or 34
parole, or post-release supervision unless the conviction is vacated or 35
reversed. 36 As Engrossed: S3/30/23 SB495
48 03-30-2023 14:29:46 JLC013
1
SECTION 55. Arkansas Code § 9 -28-409(f)(3)(A), concerning criminal 2
background and child maltreatment checks for employees of child welfare 3
agencies, is amended to read as follows: 4
(3)(A) Except as provided un der subdivision (f)(1) of this 5
section, a person who is required to have a criminal records check under 6
subdivision (b)(1) or subdivision (c)(1) of this section who has pleaded 7
guilty or nolo contendere to or been found guilty of any of the offenses 8
listed in subdivision (e)(3) of this section shall be presumed to be 9
disqualified to be an owner, operator, volunteer, foster parent, adoptive 10
parent, member of a child welfare agency's board of directors, or employee in 11
a child welfare agency after the completi on of his or her term of 12
confinement, probation, or parole, or post-release supervision unless the 13
conviction is vacated or reversed. 14
15
SECTION 56. Arkansas Code § 11 -10-513(a)(3), concerning 16
disqualification for unemployment benefits due to voluntarily leaving work, 17
is amended to read as follows: 18
(3) Any person who leaves his or her last work to comply with 19
the order of a correctional institution or to satisfy the terms of his or her 20
parole, post-release supervision, or probation shall be deemed to ha ve left 21
work “voluntarily and without good cause connected with the work”. 22
23
SECTION 57. Arkansas Code § 12 -1-102 is amended to read as follows: 24
12-1-102. Records to be posted on a public website. 25
(a) Relevant research studies and reports concerning t he following 26
topics that are generated by the research divisions of the Division of 27
Correction, the Division of Community Correction, and the Parole Post-Prison 28
Transfer Board or by third-party contractors on behalf of the Division of 29
Correction, the Divis ion of Community Correction, and the board, when 30
applicable, shall be posted on the Division of Correction’s, the Division of 31
Community Correction’s, or the board's website: 32
(1) Population projections; 33
(2) Recidivism; and 34
(3) Evaluation of the cos t-benefit of evidence-based practices 35
of: 36 As Engrossed: S3/30/23 SB495
49 03-30-2023 14:29:46 JLC013
(A) Adult prisons; 1
(B) Community corrections facilities; 2
(C) Probation; and 3
(D) Parole; and 4
(E) Post-release supervision. 5
(b) Data posted on the board's, the Division of Correction’s, or the 6
Division of Community Correction’s websites under this section may be removed 7
from the board's, the Division of Correction’s, or the Division of Community 8
Correction’s websites after five (5) years. 9
10
SECTION 58. Arkansas Code Title 12, Chapter 1, Subchap ter 1, is 11
amended to add an additional section to read as follows: 12
12-1-104. Bail reporting system. 13
(a)(1) The Arkansas Crime Information Center shall administer a public 14
portal for entry by a court of the information required to be reported under 15
§ 16-84-118. 16
(2) To facilitate the administration of the portal required 17
under subdivision (a)(1) of this section, the Arkansas Crime Information 18
Center may seek the assistance of the Division of Information Systems of the 19
Department of Transformation and S hared Services or enter into a contract for 20
technical database and data processing services. 21
(b) The public portal administered under subsection (a) of this 22
section shall provide the following information concerning a defendant or 23
arrestee: 24
(1) The defendant or arrestee’s name and alias, if available; 25
(2) The date of each arrest of the defendant or arrestee along 26
with the following details: 27
(A) The county of arrest; 28
(B) Any corresponding case number, if available; 29
(C) The specific charges; 30
(D) Eligibility for bail and the amount of the initial 31
bail; 32
(E) The name of the judge and court, including without 33
limitation judicial district and county, setting the initial bail; 34
(F) The date and amount of any bail modification; 35
(G) The name of the judge and court, including without 36 As Engrossed: S3/30/23 SB495
50 03-30-2023 14:29:46 JLC013
limitation judicial district and county, modifying the bail set; and 1
(H) The date of release on bond and type of bond posted; 2
and 3
(3) The date of each conviction of the defendant or arrestee a nd 4
corresponding case number. 5
(c) The information entered into the public portal administered under 6
this section shall be disseminated: 7
(1) In a manner that will allow the information to be organized 8
by: 9
(A) A defendant or arrestee; 10
(B) A judicial district; 11
(C) A county; and 12
(D) A judge and 13
(2) Upon request to the: 14
(A) Governor; 15
(B) Speaker of the House of Representatives; 16
(C) President Pro Tempore of the Senate; 17
(D) Arkansas Legislative Audit; and 18
(E) Attorney General. 19
20
SECTION 59. Arkansas Code § 12 -12-905(a)(2), concerning registration 21
requirements for sex offenders, is amended to read as follows: 22
(2) Is serving a sentence of incarceration, probation, parole, 23
post-release supervision, or other form of community supervision as a result 24
of an adjudication of guilt on or after August 1, 1997, for a sex offense, 25
aggravated sex offense, or sexually violent offense; 26
27
SECTION 60. Arkansas Code § 12 -12-906(a)(1)(A)(i), concerning the duty 28
to register as a sex o ffender or verify registration as a sex offender and 29
the review of requirements with sex offenders, is amended to read as follows: 30
(a)(1)(A)(i) At the time of adjudication of guilt, the sentencing 31
court shall enter on the judgment and commitment or judgment and disposition 32
form sentencing order that the offender is required to register as a sex 33
offender and shall indicate whether the: 34
(a) Offense is an aggravated sex offense; 35
(b) Sex offender has been adjudicated guilty 36 As Engrossed: S3/30/23 SB495
51 03-30-2023 14:29:46 JLC013
of a prior sex offense under a separate case number; or 1
(c) Sex offender has been classified as a 2
sexually dangerous person. 3
4
SECTION 61. Arkansas Code § 12 -12-909(a)(3) and (4), concerning a 5
change of address of a registered sex offender, are amended to read as 6
follows: 7
(3) If the sex offender changes his or her address without 8
notice, notification shall be sent to law enforcement and supervising parole , 9
post-release supervision, or probation authorities, and notice may be posted 10
on the internet until proper repo rting is again established or the sex 11
offender is incarcerated. 12
(4) Subdivision (a)(1) of this section applies to a sex offender 13
required to register as a sexually dangerous person, except that the sexually 14
dangerous person shall verify the registration in person every ninety (90) 15
days after the date of the initial release or commencement of parole or post-16
release supervision. 17
18
SECTION 62. Arkansas Code § 12 -12-913(c)(1)(B), concerning developing 19
guidelines and procedures for the release of information concerning sex 20
offenders, is amended to read as follows: 21
(B) In developing the guidelines and procedures, the Sex 22
Offender Assessment Committee shall consult with persons who, by experience 23
or training, have a personal interest or professional experti se in law 24
enforcement, crime prevention, victim advocacy, criminology, psychology, 25
parole, post-release supervision, public education, and community relations. 26
27
SECTION 63. Arkansas Code § 12 -12-913(j)(1)(A)(viii), concerning 28
information to be made publi c concerning a Level 3 or Level 4 sex offender, 29
is amended to read as follows: 30
(viii) The sex offender's parole , post-release 31
supervision, or probation office; 32
33
SECTION 64. Arkansas Code § 12 -12-917(b)(2)(A)(ii)(b)(2)(D), 34
concerning the relevant records to be forwarded to Community Notification 35
Assessment regarding an adult sex offender convicted of an offense described 36 As Engrossed: S3/30/23 SB495
52 03-30-2023 14:29:46 JLC013
in 42 U.S.C. § 14071 et seq., is amended to read as follows: 1
(D) Judgment and disposition forms 2
Sentencing orders; 3
4
SECTION 65. Arkansas Code § 12 -12-917(b)(4)(A)(ii), concerning 5
notification that will be provided when a sex offender disrupts a sex 6
offender assessment, is amended to read as follows: 7
(ii) The parole or probation community supervision 8
officer, if applicable, shall be notified. 9
10
SECTION 66. Arkansas Code § 12 -12-917(f)(2), concerning evaluation of 11
a sex offender, is amended to read as follows: 12
(2) The committee shall provide the Parole Post-Prison Transfer 13
Board with copies of the offender fact sheet on inmates of the Division of 14
Correction. 15
16
SECTION 67. Arkansas Code § 12 -12-917(h)(2)(A), concerning evaluation 17
of a sex offender, is amended t o read as follows: 18
(2)(A) A local law enforcement agency having jurisdiction, the 19
Division of Community Correction, or the Parole Post-Prison Transfer Board 20
may request the committee to reassess a sex offender's assigned risk level at 21
any time. 22
23
SECTION 68. Arkansas Code § 12 -12-917(h)(2)(B), concerning evaluation 24
of a sex offender, is amended to read as follows: 25
(B) In the request for reassessment, the local law 26
enforcement agency having jurisdiction, the Division of Community Correction, 27
or the Parole Post-Prison Transfer Board shall list the facts and 28
circumstances that prompted the requested reassessment. 29
30
SECTION 69. Arkansas Code § 12 -12-918(d), concerning classification of 31
a person as a sexually dangerous person, is amended to read as follo ws: 32
(d)(1) The judgment and commitment sentencing order should state 33
whether the offense qualifies as an aggravated sex offense. 34
(2) Should the aggravated sex offense box not be checked on the 35
commitment sentencing order, the court will be contacted by the committee and 36 As Engrossed: S3/30/23 SB495
53 03-30-2023 14:29:46 JLC013
asked to furnish a written determination as to whether the offense qualifies 1
as an aggravated sex offense. 2
3
SECTION 70. Arkansas Code § 12 -12-919(b)(2)(A), concerning 4
termination of the obligation to register as a sex offender, is amended to 5
read as follows: 6
(A) The applicant, for a period of fifteen (15) years 7
after the applicant was released from prison or other institution or placed 8
on parole, post-release supervision, supervised release, or probation has not 9
been adjudicated guilty of a sex offense; and 10
11
SECTION 71. Arkansas Code § 12 -12-1003(c), concerning the collection 12
and maintenance of criminal history information, is amended to read as 13
follows: 14
(c) The reporting requirements of thi s subchapter apply to prosecuting 15
attorneys, judges, and law enforcement, court, probation, correction, and 16
parole, and post-release supervision officials within the limits defined in 17
§§ 12-12-1006 and 12-12-1007. 18
19
SECTION 72. Arkansas Code § 12 -12-1109(e)(1), concerning the 20
collection of a deoxyribonucleic acid sample upon conviction of certain 21
offenses, is amended to read as follows: 22
(e)(1) The requirements of this subchapter are mandatory and apply 23
regardless of whether or not a court advises a person that a DNA sample must 24
be provided to the State DNA Data Base and State DNA Data Bank as a condition 25
of probation, or parole, or post-release supervision. 26
27
SECTION 73. Arkansas Code § 12 -12-1110(e)(1), concerning procedures 28
for the collection of a deoxyribonucleic acid sample upon conviction of 29
certain offenses, is amended to read as follows: 30
(e)(1) Any person who refuses to provide a DNA sample required by this 31
subchapter will receive no further sentence reduction for meritorious good 32
time or earned release credits until such time as a sample is provided, and 33
the Division of Correction shall notify the Parole Post-Prison Transfer Board 34
regarding the refusal. 35
36 As Engrossed: S3/30/23 SB495
54 03-30-2023 14:29:46 JLC013
SECTION 74. Arkansas Code § 12 -12-1506(a)(2), concerning the 1
dissemination of records of felony arrest and conviction, is amended to read 2
as follows: 3
(2) Any criminal history information of felony arrest records 4
and all conviction information that pertains to a person currently being 5
processed by the criminal justice system, including du ring the entire period 6
of correctional supervision extending through final discharge from parole or 7
post-release supervision, may be disseminated without restriction. 8
9
SECTION 75. Arkansas Code § 12 -27-103(b)(15), concerning the creation 10
and powers of the Division of Correction, is amended to read as follows: 11
(15) The Division of Correction shall cooperate with the 12
Division of Community Correction, the Parole Post-Prison Transfer Board, the 13
Arkansas Sentencing Commission, judicial districts, municipali ties, and 14
counties in this state in providing guidance and services required to ensure 15
a full range of correctional options for the state as a whole; 16
17
SECTION 76. Arkansas Code § 12 -27-104(a)(2), concerning members of the 18
Board of Corrections, is amended to read as follows: 19
(2) The Chair of the Parole Post-Prison Transfer Board; and 20
21
SECTION 77. Arkansas Code § 12 -27-105(b)(17)(C), concerning the Board 22
of Corrections powers and duties, is amended to read as follows: 23
(C) The payment of such sancti ons and fees may be a 24
condition of probation, parole, post-release supervision, post prison post-25
prison transfer, or attached to admission and participation in a community 26
correction program. 27
28
SECTION 78. Arkansas Code § 12 -27-107(a), concerning the Director of 29
the Division of Correction, is amended to read as follows: 30
(a) The Director of the Division of Correction , who shall be the 31
executive, administrative, budgetary, and fiscal officer of the Division of 32
Correction, shall be appointed by the Boar d of Corrections in consultation 33
with the Secretary of the Department of Corrections at a salary fixed by the 34
Board of Corrections which shall not exceed the maximum salary for the 35
position established by law. 36 As Engrossed: S3/30/23 SB495
55 03-30-2023 14:29:46 JLC013
1
SECTION 79. Arkansas Code § 12 -27-107(c), concerning the Director of 2
the Division of Correction, is amended to read as follows: 3
(c) The director shall serve at the pleasure of the Board Secretary of 4
the Department of Corrections. 5
6
SECTION 80. Arkansas Code § 12 -27-107(d)(5), concerning the Dire ctor 7
of the Division of Correction, is amended to read as follows: 8
(5) Cooperate with the Division of Community Correction, the 9
Parole Post-Prison Transfer Board, the Arkansas Sentencing Commission, 10
judicial districts, counties, and municipalities to pr ovide the guidance and 11
services required to ensure a full range of correctional options for the 12
state as a whole; and 13
14
SECTION 81. Arkansas Code § 12 -27-113(b)(3), concerning the transfer 15
of inmates between the Division of Correction and Division of Community 16
Correction, is amended to read as follows: 17
(3) Inmates may be transferred between the Division of 18
Correction and the Division of Community Correction within the constraints of 19
law applicable to judicial or administrative transfer, subject to t he 20
policies and rules established by the Board of Corrections and conditions set 21
by the Parole Post-Prison Transfer Board. 22
23
SECTION 82. Arkansas Code § 12 -27-117 is amended to read as follows: 24
12-27-117. Employees' uniforms. 25
As deemed appropriate by the Secretary of the Department of Corrections 26
and approved by the Board of Corrections, the Department of Corrections may 27
purchase identifying occupational uniforms for correctional personnel and 28
probation and parole community supervision personnel. 29
30
SECTION 83. Arkansas Code § 12 -27-124(a)(3), concerning the purposes 31
and construction of the Division of Community Correction, is amended to read 32
as follows: 33
(3) To accomplish the objectives and purposes of this act in an 34
effective, coordinated, and uniform manner, the division shall be responsible 35
for the administration of all community correction facilities, services, and 36 As Engrossed: S3/30/23 SB495
56 03-30-2023 14:29:46 JLC013
means of supervision, including probation and parole community supervision or 1
any type of post-prison release or transfer. 2
3
SECTION 84. Arkansas Code § 12 -27-125(b)(5)(A), concerning the powers 4
and duties of the Division of Community Correction, is amended to read as 5
follows: 6
(5)(A) It may exercise all legally sanctioned supervision and 7
appropriate care over all offenders referred with proper documentation from 8
the circuit courts and all offenders transferred with proper documentation 9
from the Division of Correction pursuant to policies established by the Board 10
of Corrections and conditions set by the Parole Post-Prison Transfer Board. 11
12
SECTION 85. Arkansas Code § 12 -27-125(b)(7) and (8), concerning the 13
powers and duties of the Division of Community Correction, is amended to read 14
as follows: 15
(7) It shall administer the provision of parole services in 16
coordination with the Parole Post-Prison Transfer Board and in cooperation 17
with the Division of Correction; 18
(8) It shall provide support services to the Parole Post-Prison 19
Transfer Board or its designated representatives as determined by the Parole 20
Post-Prison Transfer Board; 21
22
SECTION 86. Arkansas Code § 12 -27-125(b)(17)(C), concerning the powers 23
and duties of the Division of Community Correction and the payment of 24
sanctions and fees by offenders, is amended to read as follows: 25
(C) The payment of such sanctions and fees may be a 26
condition of probation, parole, post-release supervision, or post prison 27
post-prison transfer or attached to admission and participation in a 28
community correction program. 29
30
SECTION 87. Arkansas Code § 12 -27-125(b)(21), concerning the powers 31
and duties of the Division of Community Correction, is amended to read as 32
follows: 33
(21) Subject to availability of funds, it shall employ officers, 34
employees, and agents and secure sufficient offices for monitoring each sex 35
offender on parole, post-release supervision, or probation who is required to 36 As Engrossed: S3/30/23 SB495
57 03-30-2023 14:29:46 JLC013
register under the Sex Offender Registration Act of 1997, § 12 -12-901 et 1
seq., and who has been assessed as a risk Level 3 or Level 4 offender; and 2
3
SECTION 88. Arkansas Code § 12 -27-126(a), concerning the Director of 4
the Division of Community Correction, is amended to read as follows: 5
(a) The Director of the Division of Community Correction shall be 6
appointed by the Board of Corrections in consultation with the Secretary of 7
the Department of Corrections at a salary fixed by the Board of Corrections, 8
which shall not exceed the maximum salary for the position established by 9
law. 10
11
SECTION 89. Arkansas Code § 12 -27-126(c), concerning the Director of 12
the Division of Community Correction, is am ended to read as follows: 13
(c) The director shall serve at the pleasure of the Board Secretary of 14
the Department of Corrections. 15
16
SECTION 90. Arkansas Code § 12 -27-126(d)(5), concerning the Director 17
of the Division of Community Correction, is amended to read as follows: 18
(5) Cooperate with the Division of Correction, the Parole Post-19
Prison Transfer Board, the Arkansas Sentencing Commission, judicial 20
districts, counties, and municipalities to provide the guidance and services 21
required to ensure a full range of correctional and community correction 22
options for the state as a whole. 23
24
SECTION 91. Arkansas Code § 12-27-127 is amended to read as follows: 25
12-27-127. Transfer to the Division of Community Correction — Transfer 26
of an inmate between divisions. 27
(a)(1) A commitment shall be treated as a commitment to the Division 28
of Correction and subjec t to regular transfer eligibility. 29
(2) However, an inmate may be judicially or administratively 30
transferred to the Division of Community Correction by the Division of 31
Correction unless the court indicates on the sentencing order that the 32
Division of Correction shall not administratively transfer a statutorily 33
eligible inmate to the Division of Community Correction in accordance with 34
the rules promulgated by the Board of Corrections. 35
(b)(1) In accordance with rules and procedures promulgated by the 36 As Engrossed: S3/30/23 SB495
58 03-30-2023 14:29:46 JLC013
Board of Corrections and the orders of the committing court, the Director of 1
the Division of Community Correction shall assign a newly transferred inmate 2
to an appropriate facility, placement, program, or status within the Division 3
of Community Correction. 4
(2) The director may transfer an inmate from one facility, 5
placement, program, or status to another facility, placement, program, or 6
status consistent with the commitment, applicable law, and in accordance with 7
treatment, training, and security needs. 8
(3)(A) An inmate may be administratively transferred back to the 9
Division of Correction from the Division of Community Correction by the 10
Parole Board Post-Prison Transfer Board following a hearing in which the 11
inmate is found ineligible for placement in a D ivision of Community 12
Correction facility as he or she fails to meet the criteria or standards 13
established by law or policy adopted by the Board of Corrections or has been 14
found guilty of a violation of the rules of the facility. 15
(B) Time served in a co mmunity correction facility or 16
under supervision by the Division of Community Correction shall be credited 17
against the sentence contained in the commitment to the Division of 18
Correction. 19
(c)(1) In accordance with rules and procedures promulgated by the 20
Board of Corrections, or except as otherwise prohibited by subdivision (c)(4) 21
of this section, upon receipt of a referral from the director or his or her 22
designee, the Parole Board Post-Prison Transfer Board may release from 23
confinement an inmate who has be en: 24
(A) Sentenced and judicially or administratively 25
transferred to the Division of Community Correction; 26
(B) Incarcerated for a minimum of : 27
(i) one One hundred eighty (180) days for a sentence 28
of four (4) years or less ; and or 29
(ii) Two hundred seventy (270) days for a sentence 30
of more than four (4) years but less than six (6) years; and 31
(C) Determined by the Division of Community Correction to 32
have successfully completed its therapeutic program. 33
(2)(A) The General Assembly finds t hat the power granted to the 34
Parole Board Post-Prison Transfer Board under subdivision (c)(1) of this 35
section will: 36 As Engrossed: S3/30/23 SB495
59 03-30-2023 14:29:46 JLC013
(i) Aid the therapeutic rehabilitation of the 1
inmates judicially or administratively transferred to the Division of 2
Community Correction; and 3
(ii) More efficiently use the correctional resources 4
of the State of Arkansas. 5
(B) The power granted to the Parole Board Post-Prison 6
Transfer Board under subdivision (c)(1) of this section shall be the sole 7
authority required for the accomp lishment of the purposes set forth in this 8
subdivision (c)(2), and when the Parole Post-Prison Transfer Board exercises 9
its power under this section, it shall not be necessary for the Parole Post-10
Prison Transfer Board to comply with general provisions of o ther laws dealing 11
with the minimum time constraints as applied to release eligibility. 12
(3) This subsection does not grant the Parole Post-Prison 13
Transfer Board or the Division of Community Correction the authority either 14
to detain an inmate beyond the s entence imposed upon him or her by a 15
transferring court or to shorten that sentence. 16
(4) An inmate may not be released from confinement under this 17
section if the inmate was sentenced and judicially or administratively 18
transferred to the Division of Comm unity Correction at a time earlier than 19
that which would otherwise be possible if the inmate was sentenced to the 20
Division of Correction, regardless of any program completed by the inmate. 21
(d)(1) An inmate of the Division of Correction who is to be released 22
on parole transferred to post-release supervision may be administratively 23
transferred to the Division of Community Correction when the inmate is within 24
eighteen (18) months of his or her projected release date for the purpose of 25
participating in a reen try program of at least six (6) months in length. 26
(2) Each inmate administratively transferred under this 27
subsection shall be thoroughly screened and approved for participation by the 28
director or his or her designee. 29
(3) In accordance with rules prom ulgated by the Board of 30
Corrections, upon receipt of a referral from the director or his or her 31
designee, the Parole Post-Prison Transfer Board may release from 32
incarceration an inmate who has been: 33
(A) Administratively transferred to the Division of 34
Community Correction; and 35
(B) Determined by the Division of Community Correction to 36 As Engrossed: S3/30/23 SB495
60 03-30-2023 14:29:46 JLC013
have successfully completed its reentry program. 1
(4) An inmate who has been administratively transferred under 2
this subsection shall be administratively transferred back to the Division of 3
Correction if he or she: 4
(A) Is denied parole or transfer to post-release 5
supervision; or 6
(B) Fails to complete or is removed from the reentry 7
program. 8
9
SECTION 92. Arkansas Code § 12 -27-129(b)(2), concerning the report on 10
rehabilitation of the inmate population, is amended to read as follows: 11
(2) Further, the report is to include the amount of meritorious 12
good time or earned release credits awarded inmates by the division for the 13
successful completion of the various rehabilitative programs. 14
15
SECTION 93. Arkansas Code § 12 -27-136, is amended to read as follows: 16
12-27-136. Services and equipment. 17
The Division of Correction and the Division of Com munity Correction may 18
provide services, furnishings, equipment, and office space to assist the 19
Parole Post-Prison Transfer Board in fulfilling the purposes for which the 20
board was created by law. 21
22
SECTION 94. Arkansas Code § 12 -27-145(a)(2)(B), concernin g records of 23
the Division of Community Correction to be posted on a public website, is 24
amended to read as follows: 25
(B) Additionally, the list and the date of major 26
disciplinary violations for which the inmate was found guilty shall be 27
displayed during the period the inmate is being considered for transfer to 28
parole or post-release supervision; 29
30
SECTION 95. Arkansas Code § 12 -27-145(a)(10), concerning records of 31
the Division of Community Correction to be posted on a public website, is 32
amended to read as follows: 33
(10) An inmate's parole eligibility date , post-release 34
supervision date, or date he or she is to be released from incarceration as 35
well as a general explanation of how an inmate's parole release eligibility 36 As Engrossed: S3/30/23 SB495
61 03-30-2023 14:29:46 JLC013
date is calculated, including good time credits. 1
2
SECTION 96. Arkansas Code § 12 -27-145(b)(1)(I), concerning records of 3
the Division of Community Correction to be posted on a public website, is 4
amended to read as follows: 5
(I) A list of previous revocation offenses while on 6
probation or parole community supervision and date of revocation. 7
8
SECTION 97. Arkansas Code § 12 -27-147 is amended to read as follows: 9
12-27-147. Rulemaking and administrative directive reporting 10
requirement. 11
(a) A rule implemented by the Board of Corrections, Division of 12
Correction, Division of Community Correction, or the Parole Post-Prison 13
Transfer Board pertaining to this act shall be approved by the appropriate 14
legislative committee before becoming effective. 15
(b) Any administrative directive or board pol icy pertaining to this 16
act implemented by the Board of Corrections, the Division of Correction, the 17
Division of Community Correction, or the Parole Post-Prison Transfer Board 18
shall be reported to the Legislative Council. 19
20
SECTION 98. Arkansas Code § 12 -27-149 is amended to read as follows: 21
12-27-149. Division of Community Correction — Sufficient staffing 22
guidelines. 23
For the purposes of maintaining a sufficiently trained and specialized 24
staff of probation and parole community supervision officers, the Division of 25
Community Correction shall establish staffing guidelines using evidence -based 26
practices to develop ratios between the number of high -risk, medium-risk, and 27
low-risk probationers, and parolees, and offenders on post -release 28
supervision and the probation officers and parole officers community 29
supervision officers assigned to the high -risk, medium-risk, and low-risk 30
probationers, and parolees, and offenders on post -release supervision in 31
order to maximize the effectiveness of the mon itoring ability of the 32
probation officers and parole community supervision officers. 33
34
SECTION 99. Arkansas Code § 12 -27-204(a), concerning pay -for-success 35
programs under the Division of Community Correction, is amended to read as 36 As Engrossed: S3/30/23 SB495
62 03-30-2023 14:29:46 JLC013
follows: 1
(a) The Division of Community Correction may enter into an agreement 2
with entities, including without limitation licensed or accredited, as 3
applicable, community -based providers specializing in behavioral health, case 4
management, and job placement service s, and two-year or four-year public 5
universities to create a pay -for-success program for incarcerated individuals 6
or individuals on parole or probation community supervision that requires the 7
division to pay for the intervention services only if the perfor mance targets 8
stated in the agreement are achieved. 9
10
SECTION 100. Arkansas Code § 12 -28-103 is repealed. 11
12-28-103. Cost impact statements. 12
(a) Each of the following bills introduced in the General Assembly 13
shall have a cost impact statement attached to the bill prior to the 14
committee to which the bill is referred taking action in regard to the bill: 15
(1) Bills that affect inmate population patterns at facilities 16
of the Department of Correction by imposing restrictions on inmate release or 17
by increased intake into the department of inmates based on felony 18
convictions; and 19
(2) Bills that affect programs or services of the department. 20
(b) In addition, copies of the cost impact statement shall be 21
furnished on the desk of each member of the Se nate and of the House of 22
Representatives at least one (1) day prior to the date on which the bill is 23
on third reading and debated for final passage in the respective houses. 24
(c) Cost impact statements required under this section shall be 25
prepared, upon referral thereof by the Speaker of the House of 26
Representatives, with respect to House of Representatives bills, and by the 27
President of the Senate upon recommendation of the Senate Committee on Rules, 28
Resolutions and Memorials, with respect to Senate bills , at the time of 29
introduction thereof, to: 30
(1) The Director of the Department of Correction who shall 31
either personally prepare or cause appropriate officials of the department to 32
prepare, a cost impact statement to be approved by the director before 33
submission to the house in which the request was made; or 34
(2) Any other state agency that has information available upon 35
which to base a cost impact statement. 36 As Engrossed: S3/30/23 SB495
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(d) The cost impact statement shall be furnished to the Governor and 1
to the President of the Senate and the Speaker of the House of 2
Representatives who shall cause copies thereof to be prepared for 3
distribution upon the desks of the members of the House of Representatives 4
and Senate at least twenty -four (24) hours prior to consideration of any suc h 5
bill by committee or twenty -four (24) hours prior to the bill's being called 6
up for third reading and final passage. 7
(e) The cost impact statement shall be certified by the director or 8
the director of the appropriate agency to which the bill is referre d for 9
preparation of an impact statement, and shall be returned and filed as 10
required in this section within not more than five (5) days from the date of 11
receipt thereof unless additional time in which to prepare the statement is 12
granted by the requesting official. 13
14
SECTION 101. Arkansas Code § 12 -28-104 is amended to read as follows: 15
12-28-104. Paroling Tranferring authority — Pardon recommendations . 16
(a) The Parole Post-Prison Transfer Board shall be the paroling 17
transferring authority for parole and post-release supervision for the units 18
of the Department of Corrections and shall make recommendations to the 19
Governor in cases from the criminal courts that, in the board's opinion, the 20
defendant in the case should be pardoned. 21
(b) The board shall consider the work skills, education, 22
rehabilitation, and treatment programs recommended to the inmate upon intake 23
and determine whether the inmate took advantage of those opportunities while 24
incarcerated in the department in making dec isions regarding parole or 25
transfer to post-release supervision. 26
27
SECTION 102. Arkansas Code § 12 -28-107(b)(3), concerning training for 28
inmates, is amended to read as follows: 29
(3) Programs under this section shall may include without 30
limitation training in the following fields: 31
(A) Professional careers and vocations; 32
(B) Service careers and vocations; 33
(C) Information and computer technology; 34
(D) Medical technology; and 35
(E) Office administration. 36 As Engrossed: S3/30/23 SB495
64 03-30-2023 14:29:46 JLC013
1
SECTION 103. Arkansas Code § 12 -28-604, concerning inmates who shall 2
not be early released in the event of prison overcrowding, is amended to add 3
an additional subsection to read as follows: 4
(c) The following are not eligible for early release under this 5
section: 6
(1) An inmate serving a term of imprisonment for a felony 7
ineligible to receive earned release credits as defined in § 16 -93-1802; and 8
(2) An inmate serving a term of imprisonment for a restricted -9
release felony, as defined in § 16 -93-1802, who has not yet served the 10
minimum period of time required by law. 11
12
SECTION 104. Arkansas Code § 12 -29-112(a) and (b), concerning 13
discharge or release of an inmate, are amended to read as follows: 14
(a) At least one hundred twenty (120) days befor e an inmate's 15
anticipated release date, the Division of Correction, in collaboration with 16
the inmate and the Division of Community Correction and the Parole Post-17
Prison Transfer Board, shall complete a prerelease assessment and reentry 18
plan, which may incl ude a travel subsidy and transportation to the closest 19
commercial transportation pick -up point. 20
(b) A copy of the reentry plan under this section shall be provided to 21
the inmate and the assigned parole community supervision officer, if 22
applicable. 23
24
SECTION 105. Arkansas Code § 12 -29-112, concerning discharge or 25
release of an inmate, is amended to additional subsections to read as 26
follows: 27
(d) Except as provided in subsection (e) of this section, the Division 28
of Correction shall provide the following d ocumentation to an inmate upon 29
release: 30
(1) A copy of the training record of the inmate, if applicable; 31
(2) A copy of the institutional work record of the inmate, if 32
applicable; 33
(3) A certified copy of the birth certificate of the inmate, if 34
the inmate was born in Arkansas; 35
(4) A social security card or a replacement Social S 36 As Engrossed: S3/30/23 SB495
65 03-30-2023 14:29:46 JLC013
ecurity card, if obtainable; and 1
(5) Notification to the inmate if he or she is eligible to apply 2
for a license from a state entity charged with oversight of an occup ational 3
license or certification, based on the inmate’s criminal history, 4
institutional training record, and institutional work record. 5
(e) The Division of Correction is not required to provide the 6
documentation in subsection (d) of this section if: 7
(1) The inmate is sixty -five (65) years of age or older; 8
(2) The inmate is subject to early release due to permanent 9
incapacitation or terminal illness; 10
(3) The inmate is being released to the custody of another 11
jurisdiction on a warrant or detainer; or 12
(4) The inmate was in the custody of the Division of Correction 13
for less than nine (9) months. 14
15
SECTION 106. Arkansas Code § 12 -29-117 is amended to read as follows: 16
12-29-117. Educational, training, and rehabilitative programs. 17
(a) An inmate who was convicted and sentenced as an adult for an 18
offense he or she committed before he or she attained eighteen (18) years of 19
age shall not be prevented from participating in an educational, training, or 20
rehabilitative program that is otherwise available to other inmates in the 21
general population of the correctional facility in which he or she is housed. 22
(b)(1) The Department of Corrections shall regularly assess the impact 23
and efficacy of educational, training, and rehabilitative programs available 24
to inmates of correctional facilities owned or operated by the department. 25
(2) The assessment required under subdivision (b)(1) of this 26
section shall be conducted by an employee or contractor of the department who 27
has doctoral-level education and experienc e in evaluating the efficacy of 28
educational, training, and rehabilitative programs. 29
(3) The results of the assessments required under subdivision 30
(b)(1) of this section shall be incorporated into the report on the state of 31
the department required under § 25-43-403(d). 32
(c) The Secretary of the Department of Corrections shall: 33
(1) Coordinate with the Chief Workforce Officer to ensure that 34
workforce training provided to inmates allows for future employment in fields 35
with adequate demand; and 36 As Engrossed: S3/30/23 SB495
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(2) Coordinate with community -based providers to ensure that 1
inmates are being provided appropriate training and programming in 2
preparation for reintegration into the workforce. 3
4
SECTION 107. Arkansas Code Title 12, Chapter 29, Subchapter 2, is 5
amended to add an additional section to read as follows: 6
12-29-206. Applicability. 7
This subchapter applies to offenses committed before January 1, 2025. 8
9
SECTION 108. Arkansas Code § 12 -29-404(b), concerning medical parole 10
of an inmate due to terminal illnes s or permanent incapacitation, is amended 11
to read as follows: 12
(b) The Director of the Division of Correction or the Director of the 13
Division of Community Correction shall communicate to the Parole Post-Prison 14
Transfer Board when, in the independent opini ons of either a Division of 15
Correction physician or Division of Community Correction physician, and a 16
consultant physician in Arkansas, an inmate is either terminally ill or 17
permanently incapacitated and should be considered for transfer to parole 18
supervision or post-release supervision. 19
20
SECTION 109. Arkansas Code § 12 -29-404(c)(1) and (2), concerning 21
medical parole of an inmate due to terminal illness or permanent 22
incapacitation, are amended to read as follows: 23
(c)(1) Upon receipt of a communication d escribed in subsection (b) of 24
this section, the board shall assemble or request all such information as is 25
germane to determine whether the inmate is eligible under this section for 26
immediate transfer to parole or post-release supervision. 27
(2) If the facts warrant and the board is satisfied that the 28
inmate's physical condition makes the inmate no longer a threat to public 29
safety, the board may approve the inmate for immediate transfer to parole or 30
post-release supervision. 31
32
SECTION 110. The introductor y language of Arkansas Code § 12 -29-33
404(d), concerning medical parole of an inmate due to terminal illness or 34
permanent incapacitation, is amended to read as follows: 35
(d) An inmate is not eligible for parole or transfer to post-release 36 As Engrossed: S3/30/23 SB495
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supervision under this section if he or she is required to register as a sex 1
offender under the Sex Offender Registration Act of 1997, § 12 -12-901 et 2
seq., and: 3
4
SECTION 111. Arkansas Code § 12 -29-404(e), concerning medical parole 5
of an inmate due to terminal illness or p ermanent incapacitation, is amended 6
to read as follows: 7
(e) The board may revoke a person's parole or post-release supervision 8
granted under this section if the person's medical condition improves to the 9
point that he or she would initially not have been eligible for parole or 10
post-release supervision under this section. 11
12
SECTION 112. Arkansas Code Title 12, Chapter 29, is amended to add 13
additional subchapters to read as follows: 14
Subchapter 7 — Earned Release Credits for Offenses Committed 15
on or after January 1, 2025 16
17
12-29-701. Applicability. 18
This subchapter applies to a felony offense committed on or after 19
January 1, 2025. 20
21
12-29-702. Earned release credits. 22
(a) Subject to rules promulgated by the Board of Corrections, an 23
inmate eligible to accrue earned release credits may accrue earned release 24
credits against the time spent in confinement pursuant to a sentence to the 25
Division of Correction by the sentenci ng court. 26
(b)(1) The Board of Corrections shall promulgate rules and the 27
Division of Correction shall administer rules that set guidelines for accrual 28
of earned release credits for work practices, job responsibilities, good 29
behavior, and involvement in rehabilitative activities while in the custody 30
of the Division of Correction. 31
(2) The rules shall provide for uniform application of 32
authorizing release to post -release supervision for an inmate who 33
successfully completes programs determined to reduce recidivism and has met 34
behavioral expectations while incarcerated. 35
(c)(1) Earned release credits shall not be applied to reduce the 36 As Engrossed: S3/30/23 SB495
68 03-30-2023 14:29:46 JLC013
length of a sentence but may reduce the length of time an inmate spends in 1
confinement, upon approval of the Post -Prison Transfer Board. 2
(2) Earned release credits may reduce the time of confinement 3
only if awarded by the Post -Prison Transfer Board. 4
(3) Earned release credits shall not reduce an inmate's time 5
served in prison by more than the maximum amount authorized under §§ 16-93-6
1803 and 16-93-1804. 7
(d)(1) An inmate under sentence of death or life imprisonment without 8
parole is not eligible to accrue earned release credits but may be pardoned 9
or have his or her sentence commuted by the Governor, as provided by law . 10
(2) Except as provided by subdivision (d)(3) of this section, an 11
inmate sentenced to life imprisonment may accrue earned release credits if 12
otherwise eligible but shall not be awarded earned release credits by the 13
Post-Prison Transfer Board unless t he sentence is commuted to a term of years 14
by executive clemency. 15
(3) An inmate serving a term of imprisonment for a felony 16
ineligible to receive earned release credits as defined in § 16 -93-1802 shall 17
not be eligible to accrue earned release credits b ut may be pardoned or have 18
his or her sentences commuted by the Governor, as provided by law. 19
20
12-29-703. Classification committee — Classifications. 21
(a)(1)(A) The Board of Corrections shall establish an earned release 22
credit classification committee. 23
(B) Members of the committee shall be selected by wardens 24
or supervisors of the various units, facilities, or centers of the Division 25
of Correction and Division of Community Correction according to rules adopted 26
by the board governing the selection o f members. 27
(2) The committee shall meet as often as necessary to determine 28
rates at which inmates may accrue earned release credits for good behavior, 29
job responsibilities, and involvement in rehabilitative activities. 30
(b)(1) Upon recommendation of th e committee, the Director of the 31
Division of Correction may authorize accrual of earned release credits for 32
each successful completion of a: 33
(A) State-sponsored general education development 34
certificate program; 35
(B) Vocational program for which cer tification is awarded; 36 As Engrossed: S3/30/23 SB495
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(C) Drug or alcohol treatment program offered at a 1
Division of Correction facility; or 2
(D) Pre-release and other rehabilitative programs or 3
assignments as approved by the Board of Corrections. 4
(2)(A) The additional days of earned release credits described 5
in subdivision (b)(1) of this section shall be accrued as provided in the 6
rules promulgated by the board. 7
(B) The board may add, amend, change, or alter the rules 8
adopted under this section in accordance with the Arkan sas Administrative 9
Procedure Act, § 25-15-201 et seq. 10
(c) Earned release credits shall not be used to reduce the period of 11
incarceration for an otherwise ineligible inmate. 12
(d) A jury shall be instructed pursuant to § 16 -97-103 regarding the 13
awarding of earned release credits under this section. 14
15
12-29-704. Maximum reduction. 16
An inmate sentenced to the Division of Correction shall not receive a 17
reduction in his or her required service time under this subchapter, or this 18
subchapter and another law jointly, if the reduction in his or her required 19
service time exceeds the amount authorized for the offense in § 16 -93-1801 et 20
seq. 21
22
Subchapter 8 — Special Considerations for Female Inmates 23
and Inmates with Families 24
25
12-29-801. Mother-newborn child bonding for inmates. 26
(a) The Department of Corrections shall coordinate with healthcare 27
providers, community -based providers, or both, to develop a custody and care 28
plan that allows an inmate who has given birth to remain with her newborn 29
child during the per iod authorized by this section. 30
(b) Following the delivery of a newborn child by an inmate, the 31
department shall permit the inmate to remain with her newborn child for at 32
least seventy-two (72) hours unless: 33
(1) A medical or behavioral health provid er has a reasonable 34
belief that remaining with the inmate poses a health or safety risk to the 35
newborn child; or 36 As Engrossed: S3/30/23 SB495
70 03-30-2023 14:29:46 JLC013
(2) Allowing the inmate to remain with her newborn child poses a 1
substantial flight risk or substantial risk of physical injury to another 2
person. 3
(c)(1) The bonding period required under this section is subject to 4
availability of adequate housing in hospitals or community -based housing. 5
(2) A correctional facility is not required to house a newborn 6
child with the inmate at the correct ional facility. 7
8
12-29-802. Family considerations in inmate placement and visitation. 9
(a)(1) To the greatest extent possible, after accounting for security 10
and capacity factors, the Department of Corrections shall place an inmate who 11
is a parent of one (1) or more minor children within two hundred fifty (250) 12
miles of the inmate's permanent address of record. 13
(2) An inmate's parentage of a minor child shall be evidenced by 14
birth certificate or court order. 15
(b) The Secretary of the Department of Co rrections shall adopt rules 16
authorizing the visitation of an inmate who is a parent of one (1) or more 17
minor children and who has a low or minimum -security classification with his 18
or her minor children under the following minimum requirements: 19
(1) Ensure opportunities for the minor children to attend in -20
person visitation with their incarcerated parent at least one (1) time per 21
week unless the department has a reasonable belief that the visitation poses 22
a risk to the safety of the minor child or the secur ity and good order of the 23
facility; 24
(2) Eliminate any restrictions on the number of minor children 25
that are permitted visitation privileges with an inmate; 26
(3) Authorize contact visits for an inmate who is a parent of 27
one (1) or more minor children unless the department has a reasonable belief 28
that contact visitation poses a risk to the safety of the minor child or the 29
security and good order of the facility; 30
(4) Eliminate any restrictions on the number of days on which an 31
inmate may conduct video visitation with a minor child unless restrictions 32
are necessary to maintain the security and good order of the facility; and 33
(5) Require restrictions on an inmate’s visitation with his or 34
her minor children as a disciplinary measure to be subject to a higher level 35
of review than restrictions on visitation with other individuals. 36 As Engrossed: S3/30/23 SB495
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1
12-29-803. Inspections by employees of the Department of Corrections. 2
(a) To the greatest extent practicable and consistent with safety and 3
order of the correctional facili ty, the Secretary of the Department of 4
Corrections shall adopt rules that limit inspections by male correctional 5
officers where a female inmate is in a state of undress. 6
(b) This section does not limit the ability of a male correctional 7
officer to conduct inspections of the area where a female may be in a state 8
of undress if a female correctional officer is not available. 9
(c)(1) If a male correctional officer conducts an inspection of an 10
area where a female inmate is in a state of undress, the male cor rectional 11
officer shall submit a written report within seventy -two (72) hours following 12
the inspection containing a justification for the male correctional officer 13
to inspect the area where the female inmate was located in a state of 14
undress. 15
(2) The report required under subdivision (c)(1) of this section 16
shall be maintained in the female inmate's record. 17
18
12-29-804. Training and technical assistance. 19
(a) The Department of Corrections shall develop and provide to all 20
department employees responsib le for the care or custody of pregnant inmates 21
training related to the physical and mental health of pregnant inmates and 22
unborn children, including without limitation the: 23
(1) General care of pregnant women; 24
(2) Impact of restraints on pregnant inma tes and unborn 25
children; 26
(3) Impact of being placed in restrictive housing on pregnant 27
inmates; and 28
(4) Impact of invasive searches on pregnant inmates. 29
(b) The department shall develop and provide educational programming 30
for pregnant inmates rela ted to: 31
(1) Prenatal care; 32
(2) Pregnancy-specific hygiene; 33
(3) Parenting skills; 34
(4) The impact of alcohol and drugs on an unborn child; and 35
(5) The general health of children. 36 As Engrossed: S3/30/23 SB495
72 03-30-2023 14:29:46 JLC013
1
SECTION 113. Arkansas Code § 14 -14-115(b)(1)(B), concerning the 2
prohibition on holding multiple civil offices, is amended to read as follows: 3
(B) Member of the Parole Post-Prison Transfer Board; 4
5
SECTION 114. Arkansas Code § 12 -32-101(5), concerning the definitions 6
used in relation to the treatment of female inmates or detainees in 7
correctional facilities, is amended to read as follows: 8
(5) “Post-partum” means, as determined by the physician of the 9
inmate or detainee, the thirty-day eight-week period following delivery of a 10
child, unless a longer period is determined to be necessary by the healthcare 11
professional responsible for the health and safety of the inmate or detainee ; 12
and 13
14
SECTION 115. Arkansas Code § 12 -32-102(d), concerning restraint of a 15
pregnant inmate or detainee, is amended to read as follo ws: 16
(d) If restraints are used during labor, the Division of Correction or 17
the Division of Community Correction, as applicable, shall report the use of 18
restraints during labor to the Board of Corrections , the Secretary of the 19
Department of Corrections, and to the Attorney General. 20
21
SECTION 116. Arkansas Code § 14 -164-340(b), concerning criminal 22
justice projects that are alternatives to the issuance of bonds, is amended 23
to read as follows: 24
(b) Under this section, the term “capital improvements for crim inal 25
justice purposes” means, whether obtained by purchase, lease, construction, 26
reconstruction, restoration, improvement, alteration, repair, or other means, 27
any physical public facility, betterment, or improvement with the purpose of 28
furthering or promot ing law enforcement or the apprehension, prosecution, 29
probation, rehabilitation, or detention of any criminals, accused defendants, 30
suspects, or juvenile detainees, and any preliminary plans, studies, or 31
surveys relative thereto; land or rights in land, in cluding, without 32
limitations, leases, air rights, easements, rights -of-way, or licenses; and 33
any furnishings, machinery, vehicles, apparatus, or equipment for any such 34
public facility or betterment or improvement, which shall include, but is not 35
limited to, the following: any and all facilities for city or town halls, 36 As Engrossed: S3/30/23 SB495
73 03-30-2023 14:29:46 JLC013
courthouses and other administrative, executive, or other public offices for 1
law enforcement officials or agencies; court facilities; jails; police 2
stations and sheriffs' offices; police preci ncts or sheriffs' stations or 3
substations; law enforcement training facilities; probation or parole 4
community supervision offices and facilities; alternative learning centers; 5
county and municipal criminal detention and correctional facilities; and 6
juvenile detention facilities. 7
8
SECTION 117. Arkansas Code § 16 -1-101(a), concerning recidivism 9
definition and reporting, is amended to read as follows: 10
(a) As used in this title, “recidivism” means a criminal act that 11
results in the rearrest, reconviction, or return to incarceration of a person 12
with or without a new sentence or a revocation from parole or post -release 13
supervision during a three-year period following the person's release from 14
custody. 15
16
SECTION 118. Arkansas Code Title 16, Chapter 10, Subchapter 1, is 17
amended to add additional sections to read as follows: 18
16-10-143. Contracts — Qualified attorneys. 19
(a) As used in this section, "quali fied attorney" means an attorney 20
who: 21
(1) Has previously been employed as an attorney by the state 22
regardless of the limitation provided under § 19 -11-709(d); or 23
(2) Is currently serving as a part -time public defender or is 24
otherwise employed by the state as an attorney on a part -time basis. 25
(b) The Director of the Administrative Office of the Courts may employ 26
or enter into a professional service contract with a qualified attorney to 27
serve as a specialty court team member and to represent specialty court 28
participants. 29
(c) The fees for contracted services provided by a qualified attorney 30
under subsection (a) of this section shall be paid from funds appropriate d 31
for that purpose to the Administrative Office of the Courts. 32
(d)(1) A qualified attorney who is employed or contracted by the 33
Administrative Office of the Courts under this section is eligible for 34
additional compensation. 35
(2) Additional compensation received for service under this 36 As Engrossed: S3/30/23 SB495
74 03-30-2023 14:29:46 JLC013
section as a specialty court team member or to represent specialty court 1
participants shall not be construed as exceeding the line -item maximum for 2
the grade of the qualified attorney’s other part -time position, if any. 3
(e) Any funds appropriated for the purpose of this section remaining 4
on June 30 shall be retained by the Administrative Office of the Court and 5
may be distributed after July 1 as supplemental funding to be used for the 6
expansion or establishment of specialt y court programs in circuit courts. 7
8
16-10-144. Contracts – Qualified treatment providers. 9
(a) The Director of the Administrative Office of the Courts may enter 10
into a professional service contract with a qualified treatment provider to 11
serve as a specialty court team member and to provide behavioral health 12
treatment to specialty court participants. 13
(b) The fees for contracted services provided by a qualified treatment 14
provider shall be paid from funds appropriated for that purpose to the 15
Administrative Office of the Courts. 16
(c) Any funds appropriated for the purpose of this section remaining 17
on June 30 shall be retained by the Administrative Office of the Courts and 18
may be distributed after July 1 as supplemental funding for the expansion or 19
establishment of specialty court programs in circuit courts. 20
21
SECTION 119. Arkansas Code § 16 -17-137(a)(3), concerning areas that 22
may be under the jurisdiction of district court if authorized in judicial 23
district administrative plan, is amended to read as fol lows: 24
(3) A parole or post-release supervision program. 25
26
SECTION 120. Arkansas Code § 16 -21-106(c)(1) and (2), concerning 27
assistance to victims and witnesses of crimes, are amended to read as 28
follows: 29
(c)(1) The prosecuting attorney of the county fr om which the inmate 30
was committed shall notify the Parole Post-Prison Transfer Board at the time 31
of commitment of the desire of the victim or member of the victim's family to 32
be notified of any future parole , post-release supervision, or clemency 33
hearings, and to forward to the board the last known address and telephone 34
number of the victim or member of the victim's family. 35
(2) It shall be the responsibility of the victim or the victim's 36 As Engrossed: S3/30/23 SB495
75 03-30-2023 14:29:46 JLC013
next of kin to notify the board after the date of commitment of any change in 1
regard to the desire to be notified of any future parole , post-release 2
supervision, or clemency hearings. 3
4
SECTION 121. Arkansas Code § 16 -21-204(b), concerning the duties of 5
the prosecutor coordinator, is amended to add an additional subdivis ion to 6
read as follows: 7
(6)(A) Establish and administer a statewide certified facility 8
dog program to assist child and vulnerable victims and child and vulnerable 9
witnesses throughout the criminal justice system. 10
(B) As used in subdivision (b)(6)(A) of this section, 11
"certified facility dog" means the same as defined in § 16 -43-1002. 12
13
SECTION 122. Arkansas Code § 16 -80-104(c)(2), concerning the 14
comprehensive mental health evaluation for a minor convicted of capital 15
murder or murder in the first degree, is amended to read as follows: 16
(2) Shall be included in any documentation or inmate file kept 17
by the Division of Correction or, if the minor is eventually supervised on 18
parole or post-release supervision, the Division of Community Correction. 19
20
SECTION 123. Arkansas Code § 16 -90-107(b)(2), concerning termination 21
of a sentence of imprisonment by the Post -Prison Transfer Board, is amended 22
to read as follows: 23
(2) At any time after the expiration of the minimum time, upon 24
the recommendation of t he Director of the Department Division of Correction 25
and it appearing that a prisoner has a good record as a convict, his or her 26
sentence may be terminated by the Parole Post-Prison Transfer Board. 27
28
SECTION 124. The introductory language of Arkansas Code § 16-90-29
120(e)(1), concerning the sentencing of a felony offense involving a firearm, 30
is amended to read as follows: 31
(e)(1) For an offense committed on or after July 2, 2007, 32
notwithstanding any law allowing the award of meritorious good time or any 33
other law to the contrary, except as provided in subdivision (e)(1)(B)(ii) of 34
this section, any person who is sentenced under subsection (a) of this 35
section is not eligible for parole , transfer to post-release supervision, or 36 As Engrossed: S3/30/23 SB495
76 03-30-2023 14:29:46 JLC013
community correction transfer unt il the person serves: 1
2
SECTION 125. Arkansas Code § 16 -90-120, concerning a felony with a 3
firearm, is amended to add an additional subsection to read as follows: 4
(g) Any person convicted under this section is not eligible for early 5
release on parole, t ransfer to post-release supervision, or community 6
correction transfer for the additional period of confinement. 7
8
SECTION 126. Arkansas Code § 16 -90-121 is amended to read as follows: 9
16-90-121. Second or subsequent felony with firearm. 10
Any person who is found guilty of or pleads guilty or nolo contendere 11
to a second or subsequent felony involving the use of a firearm shall be 12
sentenced to a minimum term of imprisonment of ten (10) years in the Division 13
of Correction without eligibility of parole or com munity correction transfer 14
but subject to reduction by meritorious good -time credit or earned release 15
credits. 16
17
SECTION 127. Arkansas Code § 16 -90-402 is amended to read as follows: 18
16-90-402. Delivery of defendant and copy of judgment to proper 19
officials — Development of standardized copy of sentencing order . 20
(a)(1) In executing a judgment of confinement, the county sheriff 21
shall deliver the defendant with a certified standardized copy of the 22
sentencing order to the Division of Correction, Division of Community 23
Correction, or to another detention facility, as indicated in the sentencing 24
order. 25
(2) If electronic filing of court records has been implemented 26
by the circuit clerk in the county where the defendant's conviction occurred, 27
the standardized copy of the sentencing order may be electronically 28
transmitted by the circuit clerk to the Division of Correction, the Division 29
of Community Correction, or to another detention facility , as indicated in 30
the sentencing order. 31
(b) The standardized copy of the sentencing order shall be developed 32
by representatives from the Division of Correction, the Administrative Office 33
of the Courts, the Arkansas Sentencing Commission, and the Prosecut or 34
Coordinator's office a committee composed of: 35
(1) Three (3) members appointed by the Secretary of the 36 As Engrossed: S3/30/23 SB495
77 03-30-2023 14:29:46 JLC013
Department of Corrections, to include: 1
(A) One (1) member with experience in records for confined 2
offenders; 3
(B) One (1) member with experie nce in records for 4
offenders on supervision; and 5
(C) One (1) member with experience in offender management 6
systems; 7
(2) One (1) member appointed by the Chair of the Arkansas 8
Sentencing Commission; 9
(3) One (1) member appointed by the Administrativ e Office of the 10
Courts; 11
(4) One (1) member appointed by the Prosecutor Coordinator; and 12
(5) One (1) member appointed by the Executive Director of the 13
Public Defender Commission. 14
15
SECTION 128. DO NOT CODIFY. TEMPORARY LANGUAGE. First meeting of 16
committee to develop standardized sentencing order. 17
(a) The person appointed by the Chair of the Arkansas Sentencing 18
Commission to the committee established under Arkansas Code § 16 -90-402(b) 19
shall call the first meeting of the committee established unde r Arkansas Code 20
§ 16-90-402(b). 21
(b) At the first meeting of the committee established under Arkansas 22
Code § 16-90-402(b), the members of the committee shall elect a chair and any 23
other officers the committee deems necessary. 24
25
SECTION 129. Arkansas Code § 16-90-802(d)—(f), concerning the Arkansas 26
Sentencing Commission, are amended to read as follows: 27
(d) In furtherance of its purpose, the commission shall have the 28
following powers and duties: 29
(1)(A) The commission shall adopt an initial sentencing 30
standards grid and an offense seriousness reference table based upon the 31
statutory parameters and additional data and information gathered prior to 32
before January 1, 1994. 33
(B) The commission shal l also set the percentage of time 34
within parameters set by law to be served for offenses at each seriousness 35
level prior to before any type of transfer or release; 36 As Engrossed: S3/30/23 SB495
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(2)(A) The commission shall periodically review and may revise 1
the voluntary sentencing s tandards. 2
(B) Any revision of the standards shall be in compliance 3
with provisions applicable to rule making contained in the Arkansas 4
Administrative Procedure Act, § 25 -15-201 et seq. 5
(C) Any revision of the standards shall become effective 6
as provided by the Arkansas Administrative Procedure Act, § 25 -15-201 et seq. 7
(D)(i) The revised standards will be in effect unless 8
modified by the General Assembly at its next session or until revised again 9
by the commission. 10
(ii) Any revisions by the commission shall be within 11
the statutory parameters set for the various crime classes . 12
(E) Before review and approval by the Legislative Council 13
under the Administrative Procedure Act, § 25 -15-201 et seq., revisions to the 14
voluntary sentencing standard s shall be reviewed by the House Committee on 15
Judiciary and the Senate Committee on Judiciary ; 16
(3) The commission may review and make recommendations for 17
revision of the § 16 -93-1201 et seq. target group to the General Assembly 18
such that nonviolent off enses and offenders are routinely handled in 19
community correction programs; 20
(4)(A) The commission shall be in charge of strategic planning 21
for a balanced correctional plan for the state. 22
(B) The commission shall develop such a plan in 23
conjunction with the Board of Corrections. 24
(C) The commission shall monitor compliance with 25
sentencing standards, assess their impact on the correctional resources of 26
the state with the assistance of the board, and determine if the standards 27
further the adopted sent encing policy goals of the state; 28
(5) The commission may review the classifications of crimes and 29
sentences and make recommendations for change when supported by information 30
that change is advisable to further the adopted sentencing policy goals of 31
the state; 32
(6)(A) The commission shall develop a research and analysis 33
system to determine the feasibility, impact on resources, and budget 34
consequences of any proposed or existing legislation affecting sentence 35
length. 36 As Engrossed: S3/30/23 SB495
79 03-30-2023 14:29:46 JLC013
(B) The commission shall prepare and submit to the General 1
Assembly a report on any such legislation prior to before its adoption; 2
(7)(A)(i) All courts having criminal jurisdiction of felony 3
crimes shall provide to the commission in a timely manner all information 4
deemed necessary by t he commission. 5
(ii) Such information shall be in the form 6
determined necessary by the commission. 7
(B) The commission shall have the authority to collect 8
from any state or local governmental entity information, data in electronic 9
or in other usable form, reports, statistics, or such other material which 10
relates to sentencing laws, policies, and practices, or impacts on 11
correctional resources or is necessary to carry out the commission's 12
functions. 13
(C) The commission may coordinate its data colle ction with 14
the Administrative Office of the Courts, the Arkansas Crime Information 15
Center, the various circuit clerks of the state, and the various state and 16
local correctional agencies; 17
(8) Under its duties outlined in this section, the commission 18
shall be a criminal justice agency, as defined in § 12 -12-1001, as its powers 19
and duties include: 20
(A) Determining transfer eligibility; 21
(B) Gathering, analyzing, and disseminating criminal 22
history information as it relates to sentencing practices, dispositions, and 23
release criteria; and 24
(C) Determining the appropriate use of correctional and 25
rehabilitative resources of the state; 26
(9)(A) Produce annual reports regarding compliance with 27
sentencing guidelines, including the application of volunt ary presumptive 28
standards, § 16-90-803, and departures from the standards, § 16 -90-804. 29
(B) The report shall include: 30
(i) Data collected from each county; and 31
(ii) Both a county-by-county and statewide accounting 32
of the results including without limitation: 33
(a) Sentences to the Division of Correction 34
and Division of Community Correction; 35
(b) The average sentence length for sentences 36 As Engrossed: S3/30/23 SB495
80 03-30-2023 14:29:46 JLC013
by offense type and severity level according to the sentencing guidelines; 1
(c) The percentage of sentences that are an 2
upward departure from the sentencing guidelines; and 3
(d) The average number of months above the 4
recommended sentence for those sentences described in subdivision 5
(d)(9)(B)(ii)(c) of this section. 6
(C) The report filed each year after the initial report 7
submitted under this section shall include data from prior years; 8
(10) (9) Prepare and conduct annual continuing legal education 9
seminars regarding the sentencing guidelines to be presented to judges, 10
prosecuting attorneys and their deputies, and public defenders and their 11
deputies, as so required; and 12
(11)(A) (10) The commission shall collaborate with the 13
Administrative Office of the Courts to develop and implement an integrated 14
sentencing commitment and departure f orm order that shall include: 15
(i)(A) Demographic information including the race and 16
ethnicity of both the offender and the victim or victims; 17
(ii)(B) The placement decision; 18
(iii)(C) Sentence length; 19
(iv)(D) Any departure from the sentencin g guidelines on 20
placement and sentence length; 21
(v)(E) The number of months above or below the presumptive 22
sentence; 23
(vi)(F) Justification for the departure; and 24
(vii)(G) A signature space for the judge and the 25
prosecuting attorney to sign off o n the contents of the form. 26
(B) The commission shall begin using the new form on 27
January 1, 2012. 28
(C)(i) Forms are to be collected annually and sent to the 29
Administrative Office of the Courts. 30
(ii) Data from the forms shall be collected and 31
submitted to the Chair of the House Committee on Judiciary and the Chair of 32
the Senate Committee on Judiciary. , 33
(11) Coordinate with Director of the Arkansas Sentencing 34
Commission, the Division of Correction, and the Division of Community 35
Correction to develop policy to ensure that the intake process best utilizes 36 As Engrossed: S3/30/23 SB495
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beds in nontraditional correctional facilities, including without limitation 1
community correction centers, work release centers, and reentry facilities; 2
and 3
(12) Upon the enactment of any legislation amending release 4
eligibility provisions for felony offenses, review the statutory ranges and 5
presumptive sentences of impacted offense classes or rankings and provide a 6
report on its findings to the Secretary of the Department of Corrections an d 7
to the Legislative Council. 8
(e)(1) The commission shall meet no less than quarterly. 9
(2)(A) The commission shall submit to the Governor, the General 10
Assembly, and the Arkansas Judicial Council, Inc. a biennial report three (3) 11
months prior to before the convening of the regular session. 12
(B) The report shall include a summary of the commission 13
proceedings, summary of compliance with the voluntary sentencing standards 14
and recommendations for legislative and administrative action. 15
(f)(1) The commission shall employ a director from candidates 16
presented to it by the Chair of the Arkansas Sentencing Commission in 17
consultation with the Secretary of the Department of Corrections. 18
(2) The Director of the Arkansas Sentencing Commission shall 19
have appropriate training and experience to assist the commission in the 20
performance of its duties. 21
(3) The director shall be responsible for compiling the work of 22
the commission and drafting suggested legislation incorporating the 23
commission's findings for submission to the General Assembly. 24
(4) The director shall serve at the pleasure of the Secretary of 25
the Department of Corrections. 26
27
SECTION 130. Arkansas Code § 16 -90-803(b)(1), concerning voluntary 28
presumptive sentencing standards, is amended to r ead as follows: 29
(b) The two (2) dimensions of the sentencing standards grid represent 30
the primary determinants of a sentence, offense seriousness and offender 31
history. 32
(1) Offense Seriousness. The offense seriousness level is 33
determined by the offens e of conviction or the offense of which the person 34
was found guilty or to which the person pleaded guilty or nolo contendere. 35
(A) Felony offenses are divided into ten (10) levels of 36 As Engrossed: S3/30/23 SB495
82 03-30-2023 14:29:46 JLC013
ranked by seriousness, ranging from low, seriousness level I, to high, 1
seriousness level X with lower seriousness levels representing less serious 2
offenses. 3
(B) The typical cases for the offenses listed within each 4
level of seriousness on a grid are deemed to be generally equivalent in 5
seriousness. 6
(C) The most frequently occurring offenses within each 7
seriousness level are listed on the vertical axis of the sentencing standards 8
grid. 9
(D) The seriousness level for infrequently occurring 10
offenses can be determined by consulting the offense seriousness reference 11
table. 12
(E) The seriousness level for inchoate offenses is one (1) 13
level below the level for substantive offenses. 14
15
SECTION 131. Arkansas Code § 16 -90-803(b)(2)(C)(iv), concerning the 16
voluntary presumptive standards of the seriousness grid for determining the 17
seriousness of offenses, is amended to read as follows: 18
(iv) One (1) point is to be added to an offender's 19
score if the offender is under any type of criminal justice restraint for a 20
felony offense at the time that he or she committed t he crime for which he or 21
she is being sentenced. Such restraint includes without limitation pretrial 22
bond, suspended imposition of sentence, probation, parole, postprison 23
supervision, and release pending sentencing for a prior crime; 24
25
SECTION 132. Arkansas Code § 16-90-1109(b)(1), concerning the right of 26
a crime victim to information concerning confinement or commitment, is 27
amended to read as follows: 28
(b)(1) At least thirty (30) days before a Parole Post-Prison Transfer 29
Board hearing concerning the defe ndant, if requested by the victim, the board 30
shall inform the victim of the hearing and of the victim's right to submit to 31
the board a victim impact statement and shall promptly inform the victim of 32
any decision of the board. 33
34
SECTION 133. Arkansas Code § 16-90-1109(b)(2)(B), concerning the right 35
of a crime victim to information concerning confinement or commitment, is 36 As Engrossed: S3/30/23 SB495
83 03-30-2023 14:29:46 JLC013
amended to read as follows: 1
(B) It is the responsibility of the victim or his or her 2
next of kin to notify the board after the date of commitment of any change in 3
regard to the desire to be notified of any future parole or post-release 4
supervision hearings. 5
6
SECTION 134. Arkansas Code § 16 -90-1113(a)(1)(A), concerning a victim 7
impact statement to be considered during a parole or post -release hearing, is 8
amended to read as follows: 9
(a)(1)(A) Before determining whether to release the inmate on parole, 10
the Parole Post-Prison Transfer Board shall permit the victim to present a 11
written victim impact statement at a victim impact hearing con cerning the 12
effects of the crime on the victim, the circumstances surrounding the crime, 13
the manner in which the crime was perpetrated, and the victim's opinion 14
regarding whether the inmate should be released on parole. 15
16
SECTION 135. The introductory language of Arkansas Code § 16 -90-17
1113(c), concerning a victim impact statement to be considered during a 18
parole or post-release hearing, is amended to read as follows: 19
(c) In deciding whether to release an inmate on parole or post-release 20
supervision, the board shall consider among other factors: 21
22
SECTION 136. The introductory language of Arkansas Code § 16 -90-23
1303(a), concerning the procedure for credits earned toward discharge and 24
completion of a sentence, is amended to read as follows: 25
(a) If a person is incarcerated for an eligible felony, whether by an 26
immediate commitment or after his or her probation is revoked, and after he 27
or she is moved to community supervision through parole or transfer by the 28
Parole Post-Prison Transfer Board, or if he or she is placed on probation, he 29
or she is immediately eligible to begin earning daily credits that shall 30
count toward reducing the number of days he or she is otherwise required to 31
serve until he or she has completed the sentence. 32
33
SECTION 137. Arkansas Code § 16-90-1303(b)(1), concerning the 34
procedure for credits earned toward discharge and completion of a sentence, 35
is amended to read as follows: 36 As Engrossed: S3/30/23 SB495
84 03-30-2023 14:29:46 JLC013
(b)(1) Credits equal to thirty (30) days per month for every month 1
that the offender complies with court -ordered conditions and a set of 2
predetermined criteria established by the Department Division of Community 3
Correction in consultation with judges, prosecuting attorneys, and defense 4
counsel shall accrue while the person is on community supervision, including 5
without limitation parole, post-release supervision, or probation. 6
7
SECTION 138. Arkansas Code § 16 -90-1303(b)(2), concerning the 8
procedure for credits earned toward discharge and completion of a sentence, 9
is amended to read as follows: 10
(2) The department division shall calculate the number of days 11
the person has remaining to serve on parole , post-release supervision, or 12
probation before that person completes his or her sentence. 13
14
SECTION 139. Arkansas Code § 16 -90-1303(c)(2), concerning the 15
procedure for credits earned toward discharge and completion of a sentence, 16
is amended to read as follows: 17
(2) A person convicted of another felony offense while on 18
parole, post-release supervision, or probation may result in the forfeiture 19
of any credits earned under this subchapter. 20
21
SECTION 140. Arkansas Code § 16-90-1304(b)(1)(B), concerning entities 22
required to be notified of an application for discharge and completion of a 23
sentence, is amended to read as follows: 24
(B) The Parole Post-Prison Transfer Board. 25
26
SECTION 141. Arkansas Code § 16-90-1305(c), concerning notice and 27
effect of discharge and completion of a sentence, is amended to read as 28
follows: 29
(c) A person who earns discharge and completion of his or her sentence 30
under this subchapter is c onsidered as having completed his or her sentence 31
in full and is not subject to parole , post-release supervision, or probation 32
revocation for those sentences. 33
34
SECTION 142. Arkansas Code § 16-90-1404(1)(C)(i), concerning the 35
definition of "completion of a person's sentence" under the Comprehensive 36 As Engrossed: S3/30/23 SB495
85 03-30-2023 14:29:46 JLC013
Criminal Record Sealing Act of 2013 , is amended to read as follows: 1
(i) Has been discharged from probation , or parole, 2
or post-release supervision; 3
4
SECTION 143. Arkansas Code § 16-90-1404(1)(C)(vii), concerning the 5
definition of "completion of a person's sentence" under the Comprehensive 6
Criminal Record Sealing Act of 2013, is amended to read as follows: 7
(vii) Completed any vocational or technical 8
education or training program that was required as a condition of the 9
person's parole, post-release supervision, or probation; 10
11
SECTION 144. The introductory language of Arkansas Code § 16-93-12
101(3)(D), concerning conduct that constitutes a "detriment to the community" 13
in relation to the definitions app licable to community supervision, is 14
amended to read as follows: 15
(D) During the three (3) calendar years before the 16
person's parole or post-release supervision hearing: 17
18
SECTION 145. Arkansas Code § 16-93-101(5)(G), concerning options for 19
"intermediate sanctions" in relation to the definitions applicable to 20
community supervision, is amended to read as follows: 21
(G) Reporting requirements to probation or parole 22
community supervision officers; 23
24
SECTION 146. Arkansas Code § 16-93-101(6), concerning the definitions 25
applicable to community supervision, is amended to read as follows: 26
(6) “Jacket review” means the review of the file of a transfer -27
eligible inmate located at any correctional facility in the state by an 28
individual staff member or team of staff members of the Division of Community 29
Correction for purposes of preparing the inmate's application for parole or 30
post-release supervision consideration by the Parole Post-Prison Transfer 31
Board; 32
33
SECTION 147. Arkansas Code § 16-93-101(11) concerning the definitions 34
applicable to community supervision, is amended to read as follows: 35
(11) “Serious conditions violation” means a violation of the 36 As Engrossed: S3/30/23 SB495
86 03-30-2023 14:29:46 JLC013
conditions of a parolee's parole or probationer's probation community 1
supervision that results from the parolee's or probationer's offender's 2
absenting himself or herself from supervision for a period of six (6) months 3
or more or an arrest for a misdemeanor offense that does not involve: 4
(A) An act involving a violent misdemeanor that provides 5
the prosecuting attorney with the option to revoke the probationer's 6
probation or parolee's parole offender's community supervision , or allow the 7
Division of Community Correction to utilize the sanc tions provided under this 8
chapter; 9
(B) An offense for which a conviction would require the 10
person to register as a sex offender under the Sex Offender Registration Act 11
of 1997, § 12-12-901 et seq.; 12
(C) A misdemeanor offense of harassment or stalkin g or 13
that contains a threat of violence to a victim, or a threat of violence to a 14
family member of the victim of the offense for which the defendant was placed 15
on probation or parole community supervision ; 16
(D) A misdemeanor offense of driving or boatin g while 17
intoxicated, § 5-65-103, when the probationer or parolee offender on 18
community supervision is currently being supervised for a felony offense of § 19
5-65-103, § 5-10-104, or § 5-10-105, and the felony offense was alcohol -20
related or drug-related; or 21
(E) Except for an offense under the Uniform Controlled 22
Substances Act, § 5-64-101 et seq., a misdemeanor offense that is a lesser 23
included offense or falls within the same chapter of the Arkansas Criminal 24
Code of the offense for which the defendant was placed on probation or parole 25
community supervision ; 26
27
SECTION 148. Arkansas Code § 16-93-101(12)(A), concerning the 28
definition of "technical conditions violation" applicable to community 29
supervision, is amended to read as follows: 30
(A) A violation of the conditions of a parolee's parole or 31
a probationer's probation an offender's community supervision that results 32
from a noncriminal act or positive drug screen; or 33
34
SECTION 149. Arkansas Code § 16 -93-101, concerning the definitions 35
that are applicable to community supervision, is amended to add an additional 36 As Engrossed: S3/30/23 SB495
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subdivision to read as follows: 1
(15) "Community supervision" means a period of supervision of an 2
offender in the community and includes without limitation probation, parole, 3
and post-release supervision. 4
5
SECTION 150. Arkansas Code § 16-93-103, is amended to read as follows: 6
16-93-103. Authority of officers to make arrests and carry firearms. 7
(a) A probation officer appointed by a circuit court or district 8
court, excluding a juvenile probation officer, and a parole and probation 9
community supervision officer employed by the Division of Community 10
Correction who is a currently certified law enfo rcement officer may execute, 11
serve, and return all lawful warrants of arrest issued by the State of 12
Arkansas or any political subdivision of the state and are otherwise 13
authorized to make lawful arrests as is any law enforcement officer of the 14
State of Arkansas. 15
(b) A parole and probation community supervision officer either 16
employed by the division or another entity authorized to employ a parole and 17
probation community supervision officer may carry a: 18
(1) Firearm during all hours in which he or she is actively 19
engaged in the obligations and duties of the office to which he or she is 20
appointed or employed, pursuant to selection and training requirements under 21
§§ 12-9-104, 12-9-106, and 12-9-107; and 22
(2) Nonstate-issued firearm during all hours in whi ch he or she 23
is not actively pursuing the obligations and duties of the office to which he 24
or she is appointed. 25
(c) A parole and probation community supervision officer employed by 26
the division may also carry: 27
(1) A nonstate-issued firearm as a secondary weapon while 28
actively engaged in the duties of the office to which he or she is appointed 29
or employed; and 30
(2) A state-issued firearm during all hours in which he or she 31
is not actively engaged in the duties of the office to which he or she is 32
appointed or employed, except that a parole and probation community 33
supervision officer may not carry a firearm issued by the division while the 34
parole and probation community supervision officer is actively working at 35
employment other than for the divisi on. 36 As Engrossed: S3/30/23 SB495
88 03-30-2023 14:29:46 JLC013
1
SECTION 151. Arkansas Code § 16-93-104(a)(1), concerning the 2
supervision fee to be paid by offenders on release, is amended to read as 3
follows: 4
(a)(1) An offender on probation, parole, post-release supervision, or 5
transfer under supervision of the Division of Community Correction shall pay 6
to the division a monthly supervision fee. 7
8
SECTION 152. Arkansas Code § 16-93-104(c), concerning the supervision 9
fee to be paid by offenders on release, is amended to read as follows: 10
(c)(1) The offender on parole or post-release supervision may be 11
imprisoned for violation of parole or post-release supervision if the 12
offender is financially able to make the payments and if the payments are not 13
made and the Parole Post-Prison Transfer Board so finds, subject to the 14
limitations set out in this subsection. 15
(2) The offender shall not be imprisoned if the offender is 16
financially unable to make the payments and states so under oath to the 17
Parole Post-Prison Transfer Board in writing, and the Parole Post-Prison 18
Transfer Board so finds. 19
20
SECTION 153. Arkansas Code § 16 -93-106(a)(1), concerning the 21
warrantless search of a person on probation or parole, is amended to read as 22
follows: 23
(a)(1) A person who is placed on supervised probation o r is released 24
on parole or post-release supervision under this chapter is required to agree 25
to a waiver as a condition of his or her supervised probation , or parole, or 26
post-release supervision that allows any certified law enforcement officer or 27
Division of Community Correction officer to conduct a warrantless search of 28
his or her person, place of residence, or motor vehicle, or other real or 29
personal property, including without limitation a cellular or electronic 30
device under his or her control or possess ion, at any time, day or night, 31
whenever requested by the certified law enforcement officer or division 32
officer. 33
34
SECTION 154. Arkansas Code § 16-93-106(b), concerning warrantless 35
searches of offenders on community supervision, is amended to read as 36 As Engrossed: S3/30/23 SB495
89 03-30-2023 14:29:46 JLC013
follows: 1
(b)(1) A person who will be placed on supervised probation , or parole, 2
or post-release supervision and is required to agree to the waiver required 3
by this section shall acknowledge and sign the waiver. 4
(2) If the person fails to acknowledge and sign the waiver 5
required by this section, he or she is ineligible to be placed on supervised 6
probation, or parole, or post-release supervision. 7
8
SECTION 155. Arkansas Code § 16-93-107(b), concerning Medicaid 9
eligibility of offenders on community supervis ion, is amended to read as 10
follows: 11
(b) If an inmate nearing release from incarceration, parolee, offender 12
on post-release supervision, or probationer receives medical services, 13
including substance abuse and mental health treatment, that meet criteria fo r 14
Medicaid coverage, the parole officer, probation community supervision 15
officer, or Division of Correction official or Division of Community 16
Correction official may apply for Medicaid coverage for the inmate nearing 17
release from incarceration, parolee, offender on post-release supervision, or 18
probationer under this section. 19
20
SECTION 156. The introductory language of Arkansas Code § 16-93-21
107(c)(2), concerning Medicaid eligibility of offenders on community 22
supervision, is amended to read as follows: 23
(2) However, the parole officer, probation community supervision 24
officer, or Division of Correction official or Division of Community 25
Correction official shall be the authorized representative for purposes of 26
establishing and maintaining Medicaid eligibility under this subsection if: 27
28
SECTION 157. Arkansas Code § 16-93-107(e)(1), concerning Medicaid 29
eligibility of offenders on community supervision, is amended to read as 30
follows: 31
(e)(1) The parole officer, probation community supervision officer, or 32
Division of Correction official or Division of Community Correction official 33
or the designee of the parole officer, probation community supervision 34
officer, or Division of Correction official or Division of Community 35
Correction official may access information n ecessary to determine if a 36 As Engrossed: S3/30/23 SB495
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Medicaid application has been filed on behalf of the inmate nearing release 1
from incarceration, parolee, offender on post-release supervision, or 2
probationer. 3
4
SECTION 158. Arkansas Code § 16-93-111, is amended to read as follows: 5
16-93-111. Parole or probation prohibitions for sex offenses. 6
A person required to register as a sex offender under the Sex Offender 7
Registration Act of 1997, § 12 -12-901 et seq., who is under felony probation 8
or released on parole or post-release supervision shall have as a term and 9
condition of his or her probation , or parole, or post-release supervision a 10
prohibition against recording a person under fourteen (14) years of age under 11
§ 5-14-137 if he or she is assessed as a Level 3 or Level 4 offender. 12
13
SECTION 159. DO NOT CODIFY. As of the effective date of this act, the 14
Parole Board shall be known as the Post -Prison Transfer Board. 15
16
SECTION 160. Arkansas Code § 16-93-201(a)(1), concerning the creation 17
and makeup of the Post -Prison Transfer Board, is amended to read as follows: 18
(a)(1) There is created the Parole Post-Prison Transfer Board, to be 19
composed of seven (7) members to be appointed from the state at large by the 20
Governor and confirmed by the Senate. 21
22
SECTION 161. Arkansas Code § 16-93-201(a)(2)(A)(ii)(b), concerning the 23
requirements for members of the Post -Prison Transfer Board, is amended to 24
read as follows: 25
(b) A member may engage in employment that has 26
a limited time commitment with approval from the Chair of the Parole Post-27
Prison Transfer Board. 28
29
SECTION 162. Arkansas Code § 16-93-201(a)(4)(A)(i), concerning 30
experience required for members of the Post -Prison Transfer Board, is amended 31
to read as follows: 32
(i) Parole or post-release supervision; 33
34
SECTION 163. Arkansas Code § 16-93-202(a), concerning the official 35
seal of the Post-Prison Transfer Board, is amended to read as follows: 36 As Engrossed: S3/30/23 SB495
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(a) The Parole Post-Prison Transfer Board shall adopt an official seal 1
of which the courts shall take judicial noti ce. 2
3
SECTION 164. Arkansas Code § 16-93-202(c)(2), concerning reports 4
required for the Post -Prison Transfer Board, is amended to read as follows: 5
(2) The report shall be directed to the Governor and to the 6
General Assembly and shall contain statistica l and other data concerning its 7
work, including research studies which it may make on parole , post-release 8
supervision, or related functions. 9
10
SECTION 165. Arkansas Code § 16-93-202(e)(1)(A), concerning access by 11
the General Assembly to records of the Po st-Prison Transfer Board, is amended 12
to read as follows: 13
(e)(1)(A) Upon written request, a member of the General Assembly or an 14
employee of the House of Representatives, the Senate, or the Bureau of 15
Legislative Research acting on the member's behalf may view all 16
classification, disciplinary, demographic, and parole, and post-release 17
supervision hearing records of a current or former inmate , or parolee, or 18
offender on post-release supervision who is currently or was formerly granted 19
parole or post-release supervision by the board. 20
21
SECTION 166. Arkansas Code § 16-93-203(1), concerning the duty of 22
corrections officials to cooperate with the Post -Prison Transfer Board, is 23
amended to read as follows: 24
(1) Grant access at all reasonable times to any prisone r over 25
whom the Parole Post-Prison Transfer Board has jurisdiction under this 26
chapter to the members of the board or its properly accredited 27
representatives; 28
29
SECTION 167. Arkansas Code § 16 -93-204(a)(2) and (3), concerning 30
executive clemency, are amende d to read as follows: 31
(2) An applicant shall obtain and include with his or her 32
application a certified copy of the applicant's judgment and commitment 33
sentencing order or comparable document. 34
(3) Applications shall be referred to the Parole Post-Prison 35
Transfer Board for investigation. 36 As Engrossed: S3/30/23 SB495
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1
SECTION 168. Arkansas Code § 16 -93-205, is amended to read as follows: 2
16-93-205. Parole of Arkansas inmates in out -of-state prisons. 3
(a) The Parole Post-Prison Transfer Board may request the appropriate 4
board or commission having jurisdiction over parole , post-release 5
supervision, or transfer matters in other states or the United States Parole 6
Commission to make recommendations concerning whether Arkansas inmates 7
confined in prison systems of the other states or in federal prisons should 8
be granted parole, post-release supervision, or transfer when eligible under 9
Arkansas law. 10
(b) The Parole Post-Prison Transfer Board may take action at its 11
option on the application of an inmate for parole , post-release supervision, 12
or transfer, using as its criteria the recommendations received from the 13
appropriate board or commission of the other states or the United States 14
Parole Commission in lieu of the personal appearance before th e Parole Post-15
Prison Transfer Board of the inmate seeking parole , post-release supervision, 16
or transfer. 17
18
SECTION 169. Arkansas Code § 16 -93-206, is amended to read as follows: 19
16-93-206. Parole revocation review — Jurisdiction. 20
(a) The Parole Post-Prison Transfer Board shall serve as the 21
revocation review board for any person subject to either parole , post-release 22
supervision, or transfer from prison. 23
(b) Revocation proceedings for either parole , post-release 24
supervision, or transfer shall follow a ll legal requirements applicable to 25
parole, post-release supervision, or transfer and shall be subject to any 26
additional policies and rules set by the board. 27
28
SECTION 170. Arkansas Code § 16 -93-207(b), concerning an application 29
for pardon, commutation of sentence, and remission of fines and forfeitures, 30
is amended to read as follows: 31
(b) If the Governor does not grant an application for pardon, 32
commutation of sentence, or remission of fine or forfeiture within two 33
hundred forty (240) days of the Governo r's receipt of the recommendation of 34
the Parole Post-Prison Transfer Board regarding the application, the 35
application shall be deemed denied by the Governor, and any pardon, 36 As Engrossed: S3/30/23 SB495
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commutation of sentence, or remission of fine or forfeiture granted after the 1
two-hundred-forty-day period shall be null and void. 2
3
SECTION 171. Arkansas Code § 16 -93-207(c)(1), concerning applications 4
for pardon, commutation of sentence, and remission of fines and forfeitures, 5
is amended to read as follows: 6
(c)(1)(A) Except as provided in subdivision (c)(3) and subsection (d) 7
of this section, if an application for pardon, commutation of sentence, or 8
remission of fine or forfeiture is denied in writing by the Governor, the 9
person filing the application shall not be el igible to file a new application 10
for pardon, commutation of sentence, or remission of fine or forfeiture 11
related to the same offense for a period of four (4) five (5) years from the 12
date of filing the application that was denied the denial. 13
(B) Any person who made an application for pardon, 14
commutation of sentence, or remission of fine or forfeiture that was denied 15
on or after July 1, 2004, shall be eligible to file a new application four 16
(4) years after the date of filing the application that was denie d. 17
18
SECTION 172. Arkansas Code § 16 -93-207(d)(1), concerning applications 19
for pardon, commutation of sentence, and remission of fines and forfeitures, 20
is amended to read as follows: 21
(d)(1) Except as provided in subdivision (d)(3) of this section, if an 22
application for pardon, commutation of sentence, or remission of fine or 23
forfeiture of a person sentenced to life imprisonment without parole is 24
denied in writing by the Governor, the person filing the application shall 25
not be eligible to file a new appli cation for pardon, commutation of 26
sentence, or remission of fine or forfeiture related to the same offense for 27
a period of: 28
(A) Six (6) Seven (7) years from the date of the denial; 29
or 30
(B) Eight (8) Nine (9) years from the date of the denial 31
if the applicant is serving a sentence of life without parole for capital 32
murder, § 5-10-101. 33
34
SECTION 173. Arkansas Code § 16 -93-208, is amended to read as follows: 35
16-93-208. Services and equipment. 36 As Engrossed: S3/30/23 SB495
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The Division of Correction and the Division of Communit y Correction may 1
provide services, furnishings, equipment, and office space to assist the 2
Parole Post-Prison Transfer Board in fulfilling the purposes for which the 3
board was created by law. 4
5
SECTION 174. Arkansas Code § 16 -93-210, is amended to read as follows: 6
16-93-210. Monthly performance report on parole and post-release 7
supervision applications and outcome — Reports concerning administrative 8
directives filed with Legislative Council. 9
(a)(1) The Parole Post-Prison Transfer Board shall submit a monthly 10
report to the chairs of the House Committee on Judiciary and the Senate 11
Committee on Judiciary, the Legislative Council, the Board of Corrections, 12
and the Governor, showing the number of persons who make application for 13
parole or post-release supervision and those who are granted or denied parole 14
or post-release supervision during the previous month for each criminal 15
offense classification. 16
(2) The report shall include a breakdown by race of all persons 17
sentenced in each cri minal offense classification. 18
(3) The report shall include the reason for each denial of 19
parole or post-release supervision, the results of the risk -needs assessment, 20
and the course of action that accompanies each denial pursuant to § 16 -93-21
615(a)(2)(B)(ii). 22
(b) The Parole Post-Prison Transfer Board shall cooperate with and 23
upon request make presentations and provide various reports, to the extent 24
the Parole Post-Prison Transfer Board's budget will allow, to the Legislative 25
Council concerning Parole Post-Prison Transfer Board policy and criteria on 26
discretionary offender programs and services. 27
(c) The Parole Post-Prison Transfer Board shall file a report with the 28
Legislative Council on a quarterly basis containing all new and revised 29
administrative directives issued in the previous quarter by: 30
(1) The Parole Post-Prison Transfer Board; 31
(2) The Chair of the Parole Post-Prison Transfer Board; and 32
(3) The Administrative Services Manager of the Parole Board; 33
(4) The Administrator of the Parole Board; and 34
(5) Staff of the Parole Post-Prison Transfer Board. 35
36 As Engrossed: S3/30/23 SB495
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SECTION 175. Arkansas Code § 16 -93-211(a)(1)(A), concerning early 1
release to transitional housing facilities, is amended to read as follows: 2
(A) Transferred or paroled Paroled or transferred to post-3
release supervision from the Division of Correction by the Parole Post-Prison 4
Transfer Board; 5
6
SECTION 176. Arkansas Code § 16 -93-211(b)(1), concerning early release 7
to transitional housing facilities, is amended to read as follows: 8
(b)(1) To assist an offender who will be eligible for parole , post-9
release supervision, or transfer to successfully reintegrate into the 10
community, the board is authorized to place the offender into approved 11
transitional housing up to one (1) year prior to the offender's date of 12
eligibility for parole or transfer. 13
14
SECTION 177. Arkansas Code § 16 -93-212, is amended to read as follows: 15
16-93-212. Rulemaking authority. 16
The Parole Post-Prison Transfer Board may adopt rules to implement, 17
administer, and enforce this subchapter. 18
19
SECTION 178. The introductory language of Arkansas Code § 16 -93-20
213(a), concerning records to be posted on the website of the Post -Prison 21
Transfer Board, is amended to read as follows: 22
(a) To the extent permitted by federal la w, the Parole Post-Prison 23
Transfer Board shall post on the board's website the following information 24
concerning an inmate who is being considered for parole or post-release 25
supervision no less than six (6) months before his or her transfer -26
eligibility or parole-eligibility date or post-release supervision 27
eligibility date, or the date the board determines eligibility for parole or 28
transfer or post-release supervision if the inmate is past his or her 29
transfer-eligibility or parole -eligibility date or post-release supervision 30
eligibility date: 31
32
SECTION 179. Arkansas Code § 16 -93-213(a)(5), concerning records to be 33
posted on the website of the Post -Prison Transfer Board, is amended to read 34
as follows: 35
(5) The number of times, if any, probation , or parole, or post-36 As Engrossed: S3/30/23 SB495
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release supervision has been revoked from the inmate; and 1
2
SECTION 180. Arkansas Code § 16 -93-213(b)(3), concerning removal of 3
records posted on the website of the Post -Prison Transfer Board, is amended 4
to read as follows: 5
(3) May be removed when the inmate has been either granted or 6
denied parole or post-release supervision. 7
8
SECTION 181. Arkansas Code § 16 -93-306(d)(2), concerning probation 9
supervision, is amended to add an additional subdivision to read as follows: 10
(C) The intermediate sanctioning grid shall include: 11
(i) An assignment of point values to commonly 12
occurring violations of terms of probation or criminal behavior; 13
(ii) An assignment of point values to behaviors that 14
decrease the likelihood of r ecidivism, including without limitation: 15
(a) Education; 16
(b) Workforce development; 17
(c) Community service; and 18
(d) Behavioral health programming; 19
(iii) Details on the mechanisms by which points are 20
accumulated and reduced; and 21
(iv) Guidance on which intermediate sanctions should 22
be applied at which point thresholds. 23
24
SECTION 182. Arkansas Code § 16 -93-306(d)(3)(E)(ii)(d), concerning 25
probation supervision, is amended to read as follows: 26
(d) A probationer may not be incarcerated more 27
than two (2) times as a probation sanction in a Division of Community 28
Correction or Division of Correction facility during a two-year period. 29
30
SECTION 183. Arkansas Code § 16 -93-310(c)(2)(A), concerning the 31
revocation of probation, is amended to read as follows: 32
(2)(A) The court shall commit the eligible offender to the 33
custody of the Division of Correction under this subchapter for judicial or 34
administrative transfer to the Division of Community Cor rection subject to 35
the following: 36 As Engrossed: S3/30/23 SB495
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(i) That the sentence imposed provides that the 1
offender shall serve no more than three (3) years of confinement, with credit 2
for meritorious good time or earned release credits , with initial placement 3
in a Division of Community Correction facility; and 4
(ii) That the initial placement in the Division of 5
Community Correction is conditioned upon the offender's continuing 6
eligibility for Division of Community Correction placement and the offender's 7
compliance with all applicable rules established by the Board of Corrections 8
for community correction programs. 9
10
SECTION 184. Arkansas Code § 16 -93-601(a), concerning felonies 11
committed before April 1, 1977, is amended to read as follows: 12
(a) Death Sentence. An individu al under sentence of death is not 13
eligible for release on parole or post-release supervision. 14
15
SECTION 185. Arkansas Code § 16 -93-609 is amended to read as follows: 16
16-93-609. Effect of more than one conviction for certain felonies — 17
Definition. 18
(a) Any person who commits murder in the first degree, § 5 -10-102, 19
rape, § 5-14-103, or aggravated robbery, § 5 -12-103, subsequent to March 24, 20
1983, and who has previously been found guilty of or pleaded guilty or nolo 21
contendere to murder in the first d egree, § 5-10-102, rape, § 5-14-103, or 22
aggravated robbery, § 5 -12-103, shall not be eligible for release on parole 23
by the Parole Post-Prison Transfer Board. 24
(b)(1) Any person who commits a violent felony offense or any felony 25
sex offense subsequent to August 13, 2001, but before January 1, 2025, and 26
who has previously been found guilty of or pleaded guilty or nolo contendere 27
to any violent felony offense or a ny felony sex offense shall not be eligible 28
for release on parole by the board. 29
(2) As used in this subsection, “a violent felony offense or any 30
felony sex offense” means those offenses listed in § 5 -4-501(d)(2). 31
(c) A person who commits the offense o f possession of firearms by 32
certain persons, § 5 -73-103, in which the offense is under § 5 -73-103(c)(1), 33
after April 27, 2021, is not eligible for parole. 34
(d)(1) Any person who commits a parole -ineligible felony on or after 35
January 1, 2024, but before Ja nuary 1, 2025, is not eligible for release on 36 As Engrossed: S3/30/23 SB495
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parole. 1
(2) As used in this subsection, “parole -ineligible felony” means 2
the same as a felony ineligible to receive earned release credits as defined 3
in § 16-93-1802. 4
5
SECTION 186. Arkansas Code § 16 -93-612 is amended to read as follows: 6
16-93-612. Parole eligibility — Date of offense. 7
(a) A person's parole eligibility shall be determined by the laws in 8
effect at the time of the offense for which he or she is sentenced to the 9
Division of Correction. 10
(b) For an offender serving a sentence for a felony committed before 11
April 1, 1977, § 16-93-601 governs that person's parole eligibility. 12
(c) For an offender serving a sentence for a felony committed between 13
April 1, 1977, and April 1, 1983, § 16 -93-604 governs that person's parole 14
eligibility. 15
(d) For an offender serving a sentence for a felony committed on or 16
after April 1, 1983, but before January 1, 1994, § 16 -93-607 governs that 17
person's parole eligibility. 18
(e) For an offender serving a sentence for a felony committed on or 19
after January 1, 1994, but before January 1, 2025, § 16-93-614 governs that 20
person's parole eligibility, unless otherwise noted and except: 21
(1) If the felony is murder in the first degree, § 5 -10-102, 22
kidnapping, if a Class Y felony, § 5-11-102(b)(1), aggravated robbery, § 5 -23
12-103, rape, § 5-14-103, or causing a catastrophe, § 5 -38-202(a), and the 24
offense occurred after July 28, 1995, but before January 1, 2025, § 16-93-618 25
governs that person's parole eligibility; 26
(2) If the felony is manufacturing methamphetamine, § 5 -64-27
423(a) or the former § 5 -64-401, or possession of drug paraphernalia with the 28
intent to manufacture methamphetamine, the former § 5 -64-403(c)(5), and the 29
offense occurred after April 9, 1999, but before January 1, 2025, § 16-93-618 30
governs that person's parole eligibility; 31
(3) If the felony is battery in the second degree, § 5 -13-202, 32
aggravated assault, § 5 -13-204, terroristic threatening, § 5 -13-301, domestic 33
battering in the second degree, § 5 -26-304, or residential burglary, § 5 -39-34
201(a), and the offense occurred on or after April 1, 2015, but before 35
January 1, 2025, § 16-93-620 governs that person's parole eligibility; or 36 As Engrossed: S3/30/23 SB495
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(4) If the felony was committed by a person who was a minor at 1
the time of the offense, he or she was committed to the former Department of 2
Correction, or to the division, and the offense occurred before, on, or after 3
March 20, 2017, § 16 -93-621 governs the date on which that person's parole . 4
eligibility person becomes eligib le for consideration for release; 5
(5) If the felony was committed prior to January 1, 2025, § 16 -6
93-701 et seq. governs procedures for consideration for parole or transfer to 7
the Division of Community Correction; and 8
(6) If the felony was committed o n or after January 1, 2025, § 9
16-93-1901 et. seq., governs procedures for consideration for transfer to 10
post-release supervision. 11
(f) For an offender serving a sentence for a felony committed on or 12
after January 1, 1994, but before January 1, 2025, § 16-93-615 governs that 13
person's parole eligibility procedures. 14
(g) Notwithstanding any law allowing the award of meritorious good 15
time, earned release credits, or any other law to the contrary, if the felony 16
is an offense that is subject to delayed release un der § 5-4-405 and was 17
committed on or after July 28, 2021, the person shall not be eligible for 18
parole or community correction transfer until the person serves a minimum of 19
eighty percent (80%) of the term of imprisonment to which the person is 20
sentenced. 21
22
SECTION 187. Arkansas Code § 16 -93-614(b)(3), concerning offenses 23
committed after January 1, 1994, is amended to read as follows: 24
(3) A person who has committed a felony who is within a target 25
group as currently defined under § 16 -93-1202(10) and who is released on 26
parole shall be eligible, pursuant to rules established by the Parole Post-27
Prison Transfer Board, for commitment to a community correction facility if 28
he or she is found to be in violation of any of his or her parole conditions, 29
unless the parole violation constitutes a nontarget felony offense. 30
31
SECTION 188. Arkansas Code § 16-93-615(a), concerning parole 32
eligibility procedures for offenses committed after January 1, 1994, is 33
amended to read as follows: 34
(a)(1)(A) An inmate under sentenc e for any felony, except those listed 35
in § 5-4-104(c)(2) or subsection (b) of this section, shall be transferred 36 As Engrossed: S3/30/23 SB495
100 03-30-2023 14:29:46 JLC013
from the Division of Correction to the Division of Community Correction under 1
this section and §§ 16 -93-614, 16-93-616, and 16-93-617, subject to rules 2
promulgated by the Board of Corrections or the Parole Post-Prison Transfer 3
Board and conditions adopted by the Parole Post-Prison Transfer Board. 4
(B) The determination under subdivision (a)(1)(A) of this 5
section shall be made by reviewing information such as the result of the 6
risk-needs assessment to inform the decision of whether to release a person 7
on parole by quantifying that person's risk to reoffend, and if parole is 8
granted, this information shall be used to set conditions for superv ision. 9
(C) The Parole Post-Prison Transfer Board shall begin 10
transfer release proceedings or a preliminary review under this subchapter no 11
later than six (6) months before a person's transfer eligibility date, and 12
the Parole Post-Prison Transfer Board shall authorize jacket review 13
procedures no later than six (6) months before a person's transfer 14
eligibility at all institutions holding parole -eligible inmates to prepare 15
parole applications. 16
(D) This review may be conducted without a hearing when 17
the inmate has not received a major disciplinary report against him or her 18
that resulted in the loss of good time, there has not been a request by a 19
victim to have input on transfer conditions, and there is no indication in 20
the risk-needs assessment review th at special conditions need to be placed on 21
the inmate. 22
(2)(A) When one (1) or more of the circumstances in subdivision 23
(a)(1) of this section are present, the Parole Post-Prison Transfer Board 24
shall conduct a hearing to determine the appropriateness of the inmate for 25
transfer. 26
(B) The Parole Post-Prison Transfer Board has two (2) 27
options: 28
(i) To transfer the individual to the Division of 29
Community Correction accompanied by notice of conditions of the transfer, 30
including without limitation: 31
(a) Supervision levels; 32
(b) Economic fee sanction; 33
(c) Treatment program; 34
(d) Programming requirements; and 35
(e) Facility placement when appropriate; or 36 As Engrossed: S3/30/23 SB495
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(ii) To deny transfer based on a set of established 1
criteria and to accomp any the denial with a prescribed course of action to be 2
undertaken by the inmate to rectify the Parole Post-Prison Transfer Board's 3
concerns. 4
(C) Upon completion of the course of action determined by 5
the Parole Post-Prison Transfer Board and after final review of the inmate's 6
file to ensure successful completion, the Parole Post-Prison Transfer Board 7
shall authorize the inmate's transfer to the Division of Community Correction 8
under this section and §§ 16 -93-614, 16-93-616, and 16-93-617, in accordance 9
with administrative policies and procedures governing the transfer and 10
subject to conditions attached to the transfer. 11
(3) Should an inmate fail to fulfill the course of action 12
outlined by the Parole Post-Prison Transfer Board to facilitate transfer to 13
community correction, it shall be the responsibility of the inmate to 14
petition the Parole Post-Prison Transfer Board for rehearing. 15
(4)(A) The Parole Post-Prison Transfer Board shall conduct open 16
meetings and shall make public its f indings for each eligible candidate for 17
parole. 18
(B)(i) Open meetings held under subdivision (a)(2)(A) of 19
this section may be conducted through video -conference technology if the 20
person is housed at that time in a county jail and if the technology is 21
available. 22
(ii) Open meetings utilizing video -conference 23
technology shall be conducted in public. 24
(5) Inmate interviews and related deliberations may be closed to 25
the public. 26
27
SECTION 189. The introductory language of Arkansas Code § 16 -93-28
615(b)(1), concerning parole eligibility procedures for offenses committed 29
after January 1, 1994, is amended to read as follows: 30
(b)(1) An inmate under sentence for one (1) of the following felonies 31
is eligible for discretionary transfer to the Division of Commu nity 32
Correction by the Parole Post-Prison Transfer Board after having served one -33
third (⅓) or one-half (½) of his or her sentence, with credit for meritorious 34
good time, depending on the seriousness determination made by the Arkansas 35
Sentencing Commission, or one-half (½) of the time to which his or her 36 As Engrossed: S3/30/23 SB495
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sentence is commuted by executive clemency, with credit for meritorious good 1
time: 2
3
SECTION 190. Arkansas Code § 16 -93-615(b)(3)-(6), concerning parole 4
eligibility procedures for offenses committed after J anuary 1, 1994, are 5
amended to read as follows: 6
(3)(A) Review of an inmate convicted of the enumerated offenses 7
in subdivision (b)(1) of this section shall be based upon policies and 8
procedures adopted by the Parole Post-Prison Transfer Board for the review, 9
and the Parole Post-Prison Transfer Board shall conduct a risk -needs 10
assessment review. 11
(B) The policies and procedures shall include a provision 12
for notification of the victim or victims that a hearing shall be held and 13
records kept of the proce edings and that there be a listing of the criteria 14
upon which a denial may be based. 15
(4) Any transfer of an offender specified in this subsection 16
shall be issued upon an order, duly adopted, of the Parole Post-Prison 17
Transfer Board in accordance with su ch policies and procedures. 18
(5) After the Parole Post-Prison Transfer Board has fully 19
considered and denied the transfer of an offender sentenced for committing an 20
offense listed in subdivision (b)(1) of this section, the Parole Post-Prison 21
Transfer Board may delay any reconsideration of the transfer for a maximum 22
period of two (2) years. 23
(6) Notification of the court, prosecutor, county sheriff, and 24
the victim or the victim's next of kin for a person convicted of an offense 25
listed in subdivision (b)(1) of this section shall follow the procedures set 26
forth below: 27
(A)(i) Before the Parole Post-Prison Transfer Board shall 28
grant any transfer, the Parole Post-Prison Transfer Board shall solicit the 29
written or oral recommendations of the committing court, the prosecuting 30
attorney, and the county sheriff of the county from which the inmate was 31
committed. 32
(ii) If the person whose transfer is being 33
considered by the Parole Post-Prison Transfer Board was convicted of one (1) 34
of the offenses enumerated in subdivision (b)(1) of this section, the Parole 35
Post-Prison Transfer Board shall also notify the victim of the crime or the 36 As Engrossed: S3/30/23 SB495
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victim's next of kin of the transfer hearing and sha ll solicit written or 1
oral recommendations of the victim or his or her next of kin regarding the 2
granting of the transfer unless the prosecuting attorney has notified the 3
Parole Post-Prison Transfer Board at the time of commitment of the prisoner 4
that the victim or his or her next of kin does not want to be notified of 5
future transfer hearings. 6
(iii) The recommendations shall not be binding upon 7
the Parole Post-Prison Transfer Board in the granting of any transfer but 8
shall be maintained in the inmate' s file. 9
(iv) When soliciting recommendations from a victim 10
of a crime, the Parole Post-Prison Transfer Board shall notify the victim or 11
his or her next of kin of the date, time, and place of the transfer hearing; 12
(B)(i) The Parole Post-Prison Transfer Board shall not 13
schedule transfer hearings at which victims or relatives of victims of crimes 14
are invited to appear at a facility wherein inmates are housed other than the 15
Central Administration Building of the Division of Correction at Pine Bluff. 16
(ii) Nothing herein shall be construed as 17
prohibiting the Parole Post-Prison Transfer Board from conducting transfer 18
hearings in two (2) sessions, one (1) at the place of the inmate's 19
incarceration for interviews with the inmate, the inmate's witnesses, and 20
correctional personnel, and the second session for victims and relatives of 21
victims as set out in subdivision (b)(6)(B)(i) of this section; 22
(C)(i) At the time that any person eligible under 23
subdivision (c)(1) of this section is transferred by the Parole Post-Prison 24
Transfer Board, the Division of Community Correction shall give written 25
notice of the granting of the transfer to the county sheriff, the committing 26
court, and the chief of police of each city of the first class of the county 27
from which the person was sentenced. 28
(ii) If the person is transferred to a county other 29
than that from which he or she was committed, the Parole Post-Prison Transfer 30
Board shall give notice to the chief of police or marshal of the city to 31
which he or she is tra nsferred, to the chief of police of each city of the 32
first class and the county sheriff of the county to which he or she is 33
transferred, and to the county sheriff of the county from which the person 34
was committed; and 35
(D)(i) It shall be the responsibil ity of the prosecuting 36 As Engrossed: S3/30/23 SB495
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attorney of the county from which the inmate was committed to notify the 1
Parole Post-Prison Transfer Board at the time of commitment of the desire of 2
the victim or his or her next of kin to be notified of any future transfer 3
hearings and to forward to the Parole Post-Prison Transfer Board the last 4
known address and telephone number of the victim or his or her next of kin. 5
(ii) It shall be the responsibility of the victim or 6
his or her next of kin to notify the Parole Post-Prison Transfer Board of any 7
change in address or telephone number. 8
(iii) It shall be the responsibility of the victim 9
or his or her next of kin to notify the Parole Post-Prison Transfer Board 10
after the date of commitment of any change in regard to the desir e to be 11
notified of any future transfer hearings. 12
13
SECTION 191. Arkansas Code § 16 -93-615(c)-(i), concerning parole 14
eligibility procedures for offenses committed after January 1, 1994, are 15
amended to read as follows: 16
(c)(1) In all other felonies committed before January 1, 2025 , before 17
the Parole Post-Prison Transfer Board sets conditions for transfer of an 18
inmate to community correction, a victim, or his or her next of kin in cases 19
in which the victim is unable to express his or her wishes, who h as expressed 20
the wish to be consulted by the Parole Post-Prison Transfer Board shall be 21
notified of the date, time, and place of the transfer hearing. 22
(2)(A) A victim or his or her next of kin who wishes to be 23
consulted by the Parole Post-Prison Transfer Board shall inform the Parole 24
Post-Prison Transfer Board in writing at the time of sentencing. 25
(B) A victim or his or her next of kin who does not so 26
inform the Parole Post-Prison Transfer Board shall not be notified by the 27
Parole Post-Prison Transfer Board. 28
(3)(A) Victim input to the Parole Post-Prison Transfer Board 29
shall be limited to oral or written recommendations on conditions relevant to 30
the offender under review for transfer. 31
(B) The recommendations shall not be binding on the Parole 32
Post-Prison Transfer Board, but shall be given due consideration within the 33
resources available for transfer. 34
(d)(1) The Parole Post-Prison Transfer Board shall approve a set of 35
conditions that shall be applicable to all inmates transferred from the 36 As Engrossed: S3/30/23 SB495
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Division of Correction to the Division of Community Correction. 1
(2) The set of conditions is subject to periodic review and 2
revision as the Parole Post-Prison Transfer Board deems necessary. 3
(e)(1) The course of action required by the Parole Post-Prison 4
Transfer Board shall not be outside the current resources of the Division of 5
Correction nor the conditions set be outside the current resources of the 6
Division of Community Correction. 7
(2) However, the Division of Correction and Division of 8
Community Correction shall strive to accommodate the actions required by the 9
Board of Corrections or the Parole Post-Prison Transfer Board to the best of 10
their abilities. 11
(f) Transfer is not an award of clemency, and it shall not be 12
considered as a reduction of sentenc e or a pardon. 13
(g) Every inmate while on transfer status shall remain in the legal 14
custody of the Division of Correction under the supervision of the Division 15
of Community Correction and subject to the orders of the Parole Post-Prison 16
Transfer Board. 17
(h) An inmate who is sentenced under the provisions of § 5 -4-501(c) or 18
§ 5-4-501(d) for a serious violent felony or a felony involving violence may 19
be considered eligible for parole or for community correction transfer upon 20
reaching regular parole or transf er eligibility, but only after reaching a 21
minimum age of fifty -five (55) years. 22
(i) Decisions on parole release, courses of action applicable prior to 23
transfer, and transfer conditions to be set by the Parole Post-Prison 24
Transfer Board shall be based on a reasoned and rational plan developed in 25
conjunction with an accepted risk -needs assessment tool such that each 26
decision is defensible based on preestablished criteria. 27
28
SECTION 192. Arkansas Code § 16 -93-617(a), concerning revocation of 29
transfer for offenses committed after January 1, 1994, is amended to read as 30
follows: 31
(a) In the event an offender transferred under this section, §§ 16 -93-32
614 — 16-93-616, or § 16-93-618 violates the terms or conditions of his or 33
her transfer, a hearing shall follow all applicable legal requirements and 34
shall be subject to any additional policies and rules set by the Parole Post-35
Prison Transfer Board. 36 As Engrossed: S3/30/23 SB495
106 03-30-2023 14:29:46 JLC013
1
SECTION 193. The introductory language for Arkansas Code § 16 -93-2
618(a)(1), concerning parole eligibility for Class Y felony offenses and 3
certain methamphetamine offenses, is amended to read as follows: 4
(a)(1) Notwithstanding any law allowing the award of meritorious good 5
time or any other law to the contrary, and subject to provisions requiring 6
that an offender serve a greater percentage of his or her sentence in § 16 -7
93-609 or delayed release under § 5-4-405, a person who is found guilty of or 8
pleads guilty or nolo contendere to subdivisions (a)(1)(A) -(I) of this 9
section for an offense committed before January 1, 2025, shall not be 10
eligible for parole or community correction transfer, except as provided in 11
subdivision (a)(3) of this section or subsection (c) of this section, until 12
the person serves seventy percent (70%) of the term of imprisonment to which 13
the person is sentenced, including a sentence prescribed under § 5 -4-501: 14
15
SECTION 194. Arkansas Code § 16 -93-619 is amended to read as follows: 16
16-93-619. Rulemaking authority. 17
The Parole Post-Prison Transfer Board may adopt rules to implement, 18
administer, and enforce this subchapter. 19
20
SECTION 195. The introductory language of Arkansas Code § 16-93-21
620(a), concerning parole eligibility procedures for offenses committed after 22
April 1, 2015, is amended to read as follows: 23
(a) An inmate sentenced for one (1) of the following felonies on or 24
after April 1, 2015, is eligible for dis cretionary transfer to the Department 25
Division of Community Correction by the Parole Post-Prison Transfer Board 26
after having served one -third (⅓) or one-half (½) of his or her sentence, 27
with credit for meritorious good time, depending on the seriousness 28
determination made by the Arkansas Sentencing Commission, or one -half (½) of 29
the time to which his or her s entence is commuted: 30
31
SECTION 196. Arkansas Code § 16 -93-621, is amended to read as follows: 32
16-93-621. Parole or post-release supervision eligibility — A person 33
who was a minor at the time of committing an offense that was committed 34
before, on, or after March 20, 2017. 35
(a)(1)(A) A minor who was convicted and sentenced to the former 36 As Engrossed: S3/30/23 SB495
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Department of Correction or the Division of Correction for an offense 1
committed before he or she was eighteen (18) years of age and in which the 2
death of another person did not occur is eligible for release on parole or 3
transfer to post-release supervision no later than after twenty (20) years of 4
incarceration, including any applicable sentencing enhancements, and 5
including an instance in which multiple sentences are to be s erved 6
consecutively or concurrently, unless by law the minor is eligible for 7
earlier parole or post-release supervision eligibility. 8
(B) Subdivision (a)(1)(A) of this section applies 9
retroactively to a minor whose offense was committed before he or she was 10
eighteen (18) years of age, including a minor serving a sentence of life, 11
regardless of the original sentences that were imposed. 12
(2)(A) A minor who was convicted and sentenced to the department 13
or the division for an offense committed before he or she was eighteen (18) 14
years of age, in which the death of another person occurred, and that was 15
committed before, on, or after March 20, 2017, is eligible for release on 16
parole or transfer to post-release supervision no later than after twenty -17
five (25) years of incarceration if he or she was convicted of murder in the 18
first degree, § 5-10-102, or no later than after thirty (30) years of 19
incarceration if he or she was convicted of capital murder, § 5 -10-101, 20
including any applicable sentencing enhancements , unless by law the minor is 21
eligible for earlier parole or post-release supervision eligibility. 22
(B) Subdivision (a)(2)(A) of this section applies 23
retroactively to a minor whose offense was committed before he or she was 24
eighteen (18) years of age, in cluding minors serving sentences of life, 25
regardless of the original sentences that were imposed. 26
(3) Credit for meritorious good time or earned release credits 27
shall not be applied to calculations of time served under this subsection for 28
minors convicted and sentenced for capital murder, § 5 -10-101(c), or when a 29
life sentence is imposed for murder in the first degree, § 5 -10-102. 30
(4) The calculation of the time periods under this subsection 31
shall include any applicable sentence enhancements to which the minor was 32
sentenced that accompany the sentence for the underlying offense. 33
(b)(1) The Parole Post-Prison Transfer Board shall ensure that a 34
hearing to consider the parole or post-release supervision eligibility of a 35
person who was a minor at the tim e of the offense that was committed before, 36 As Engrossed: S3/30/23 SB495
108 03-30-2023 14:29:46 JLC013
on, or after March 20, 2017, takes into account how a minor offender is 1
different from an adult offender and provides a person who was a minor at the 2
time of the offense that was committed before, on, or after Ma rch 20, 2017, 3
with a meaningful opportunity to be released on parole or post-release 4
supervision based on demonstrated maturity and rehabilitation. 5
(2) During a parole eligibility or transfer hearing involving a 6
person who was a minor at the time of the offense that was committed before, 7
on, or after March 20, 2017, the board shall take into consideration in 8
addition to other factors required by law to be considered by the board: 9
(A) The diminished culpability of minors as compared to 10
that of adults; 11
(B) The hallmark features of youth; 12
(C) Subsequent growth and increased maturity of the person 13
during incarceration; 14
(D) Age of the person at the time of the offense; 15
(E) Immaturity of the person at the time of the offense; 16
(F) The extent of the person's role in the offense and 17
whether and to what extent an adult was involved in the offense; 18
(G) The person's family and community circumstances at the 19
time of the offense, including any history of abuse, trauma, and involvement 20
in the child welfare system; 21
(H) The person's participation in available rehabilitative 22
and educational programs while in prison, if those programs have been made 23
available, or use of self -study for self-improvement; 24
(I) The results of comprehensive mental health evaluations 25
conducted by an adolescent mental health professional licensed in the state 26
at the time of sentencing and at the time the person becomes eligible for 27
parole or transfer to post-release supervision under this section; and 28
(J) Other factors the board deems relevant. 29
(3) A person eligible for parole or transfer to post-release 30
supervision under this section may have an attorney present to represent him 31
or her at the parole eligibility or transfer hearing. 32
(c)(1)(A) The board shall notify a victim of the crime before the 33
board reviews parole or transfer eligibility under this section for an inmate 34
convicted of the crime and provide information regarding victim input 35
meetings, as well as state and national victim resource information. 36 As Engrossed: S3/30/23 SB495
109 03-30-2023 14:29:46 JLC013
(B) If the victim is incapacitated or deceased, the notice 1
under subdivision (c)(1)(A) of this section shall be given to the victim's 2
family. 3
(C) If the victim is less than eighteen ( 18) years of age, 4
the notice under subdivision (c)(1)(A) of this section shall be given to the 5
victim's parent or guardian. 6
(2) Victim notification under this subsection shall include: 7
(A) The location, date, and time of parole or transfer 8
review; and 9
(B) The name and phone number of the individual to contact 10
for additional information. 11
12
SECTION 197. Arkansas Code § 16 -93-622, is amended to read as follows: 13
16-93-622. Parole discharge for offenders who are minors — 14
Reinstatement of rights. 15
(a) The Parole Post-Prison Transfer Board may discharge a person from 16
parole or post-release supervision if: 17
(1) The person: 18
(A) Was released on parole or post-release supervision 19
under § 16-93-621 for having committed an offense as a minor; and 20
(B) Has served at least five (5) years on parole or post-21
release supervision without a violation; and 22
(2) The prosecuting attorney in the county where the person was 23
originally convicted has consented to the discharge of the person from parole 24
or post-release supervision. 25
(b) Unless otherwise provided by Arkansas Constitution, Amendment 51, 26
a person who has been discharged from parole or post-release supervision 27
under subsection (a) of this section shall have his or her constitutional 28
right to vote restored. 29
30
SECTION 198. Arkansas Code § 16 -93-701(a)(1), concerning the authority 31
of the Post-Prison Transfer Board to grant release, is amended to read as 32
follows: 33
(a)(1) The Parole Post-Prison Transfer Board may release on parole any 34
eligible inmate who is confined in any correctional institution administered 35
by the Division of Correction or the Division of Community Correction, when 36 As Engrossed: S3/30/23 SB495
110 03-30-2023 14:29:46 JLC013
in the board's opinion there is a reasonable probability that the inmate can 1
be released without detriment to the communi ty or himself or herself and is 2
able and willing to fulfill the obligations of a law -abiding citizen. 3
4
SECTION 199. Arkansas Code § 16 -93-702(a), concerning recommendations 5
solicited by the Post -Prison Transfer Board is amended to read as follows: 6
(a) Before the Parole Post-Prison Transfer Board shall grant any 7
parole, the board shall solicit the written or oral recommendations of the 8
committing court, the prosecuting attorney, and the county sheriff of the 9
county from which the inmate was committed. 10
11
SECTION 200. Arkansas Code § 16 -93-703(a), concerning place of hearing 12
of the Post-Prison Transfer Board, is amended to read as follows: 13
(a) The Parole Post-Prison Transfer Board shall not schedule parole 14
hearings at which victims or relatives of victims of crime are invited to 15
appear at a facility wherein inmates are housed other than the Central 16
Administration Building of the Division of Correction at Pine Bluff. 17
18
SECTION 201. Arkansas Code § 16 -93-704(a), concerning notice to law 19
enforcement personnel and the committing court before a hearing of the Post -20
Prison Transfer Board, is amended to read as follows: 21
(a) At the time that any person is paroled by the Parole Post-Prison 22
Transfer Board, the board shall give written notice of the granting of the 23
parole to the county sheriff, the committing court, and the chief of police 24
of all cities of the first class of the county from which the person was 25
sentenced. 26
27
SECTION 202. Arkansas Code § 16-93-705(a)(1)(A)(i), concerning 28
procedures for parole revocation, is amended to read as follows: 29
(a)(1)(A)(i) At any time during a parolee's release on parole, the 30
Parole Post-Prison Transfer Board may issue a warrant for the arrest o f the 31
parolee for violation of any conditions of parole or may issue a notice to 32
appear to answer a charge of a violation. 33
34
SECTION 203. Arkansas Code § 16 -93-705(a)(4), concerning procedures 35
for parole revocation, is amended to read as follows: 36 As Engrossed: S3/30/23 SB495
111 03-30-2023 14:29:46 JLC013
(4) Any parole community supervision officer may arrest a 1
parolee without a warrant or may deputize any officer with power of arrest to 2
arrest the parolee without a warrant by giving him or her a written statement 3
setting forth that the parolee, in the judgment of the parole officer, 4
violated conditions of his or her parole. 5
6
SECTION 204. Arkansas Code § 16 -93-705(b)(5)-(8), concerning 7
procedures for parole revocation, are amended to read as follows: 8
(5) If the parole revocation hearing judge finds that the re is 9
reasonable cause to believe that the parolee has violated a condition of 10
parole, the parole revocation hearing judge may order the parolee returned to 11
the nearest facility of the Division of Correction or Division of Community 12
Correction where the pa rolee shall be placed in custody for a parole 13
revocation hearing before the board. 14
(6) If the parole revocation hearing judge finds that there is 15
reasonable cause to believe that the parolee has violated a condition of 16
parole, the parole revocation hearing judge may return the parolee to parole 17
supervision rather than to the custody of the Division of Correction and may 18
impose additional supervision conditions in response to the violating 19
conduct. 20
(7) If the parole revocation hearing judge does not find 21
reasonable cause, he or she shall order the parolee released from custody, 22
but that action shall not bar the board from holding a parole revocation 23
hearing on the alleged violation of parole or from ordering the parolee to 24
appear before the board. 25
(8) The parole revocation hearing judge shall prepare and 26
furnish to the board and the parolee a summary of the parole revocation 27
hearing, including the substance of the evidence and testimony considered 28
along with the ruling or determinati on, within twenty-one (21) days from the 29
date of the preliminary hearing, excluding a weekend, holiday, or delay 30
caused by an act of nature. 31
32
SECTION 205. Arkansas Code § 16 -93-705(d)(1), concerning procedures 33
for parole revocation, is amended to read as follows: 34
(1) The parolee shall have the right to confront and cross -35
examine adverse witnesses unless the parole revocation hearing judge or the 36 As Engrossed: S3/30/23 SB495
112 03-30-2023 14:29:46 JLC013
board or its designee specifically finds good cause for not allowing 1
confrontation; and 2
3
SECTION 206. Arkansas Code § 16-93-706(a)(1), concerning the subpoena 4
of witnesses and documents for a parole revocation hearing, is amended to 5
read as follows: 6
(a)(1) The Chair of the Parole Post-Prison Transfer Board or his or 7
her designee, the hearing officer presidin g over any preliminary hearing with 8
respect to an alleged parole violation, the administrator of the Parole Post-9
Prison Transfer Board, or any member of the board pursuant to the authority 10
of the board to meet and determine whether to revoke parole shall h ave the 11
power to issue oaths and to subpoena witnesses to appear and testify and 12
bring before the hearing officer or the board any relevant books, papers, 13
records, or documents. 14
15
SECTION 207. Arkansas Code § 16 -93-708(b)(1)(A), concerning home 16
detention as a parole alternative, is amended to read as follows: 17
(b)(1)(A) Subject to the provisions of subdivision (b)(2) of this 18
section, a defendant convicted of a felony or misdemeanor and sentenced to 19
imprisonment may be incarcerated in a home detention prog ram when the 20
Director of the Department Division of Correction or the Director of the 21
Department Division of Community Correction communicates to the Parole Post-22
Prison Transfer Board when, in the independent opinions of either a 23
Department Division of Correction physician or Department Division of 24
Community Correction physician and a consultant physician in Arkansas, an 25
inmate is either terminally ill, permanently incapacitated, or would be 26
suitable for hospice care and should be considered for transfer to parole 27
supervision. 28
29
SECTION 208. Arkansas Code § 16 -93-708(b)(1)(B), concerning home 30
detention as a parole alternative, is amended to read as follows: 31
(B) The Director of the Department Division of Correction 32
or the Director of the Department Division of Community Correction shall make 33
the facts described in subdivision (b)(1)(A) of this section known to the 34
Parole Post-Prison Transfer Board for consideration of early release to home 35
detention. 36 As Engrossed: S3/30/23 SB495
113 03-30-2023 14:29:46 JLC013
1
SECTION 209. Arkansas Code § 16 -93-709(a), concerning the prohibition 2
on a sex offender residing with a minor, is amended to read as follows: 3
(a) Whenever an inmate in a facility of the Division of Correction who 4
has been found guilty of or has pleaded guilty or nolo contendere to any 5
sexual offense defined in § 5-14-101 et seq., or incest as defined by § 5 -26-6
202, and the sexual offense or incest was perpetrated against a minor, 7
becomes eligible for parole and makes application for release on parole, the 8
Parole Post-Prison Transfer Board shall prohibit, as a condition of granting 9
the parole, the parolee from residing upon parole in a residence with any 10
minor, unless the board makes a specific finding that the inmate poses no 11
danger to the minors residing in the residence. 12
13
SECTION 210. Arkansas Code § 16-93-710(a)(1), concerning parole for 14
inmates who have served imprisonment in the county jail prior to being 15
processed into the Division of Correction, is amended to read as follows: 16
(a)(1) Subject to conditions set by the Parole Post-Prison Transfer 17
Board, an offender convicted of a felony and sentenced to a term of 18
imprisonment of two (2) years or less in the Division of Correction, and who 19
has served his or her term of imprisonment in a county jail prior to being 20
processed into the Division of Correction, may be paroled from the Division 21
of Correction county jail backup facility directly to the Division of 22
Community Correction under parole supervision, and upon eligibility 23
determination, processed for release by the board. 24
25
SECTION 211. Arkansas Code § 16-93-711(b)(1)(B), concerning electronic 26
monitoring as a parole alternative, is amended to read as follows: 27
(B) The Director of the Department Division of Correction 28
shall make the facts described in subdivision (b)(1)(A) of this section kno wn 29
to the Parole Post-Prison Transfer Board for consideration of electronic 30
monitoring. 31
32
SECTION 212. Arkansas Code § 16 -93-712(a)(1), concerning parole 33
supervision, is amended to read as follows: 34
(a)(1) The Parole Post-Prison Transfer Board shall establish written 35
policies and procedures governing the supervision of parolees designed to 36 As Engrossed: S3/30/23 SB495
114 03-30-2023 14:29:46 JLC013
enhance public safety and to assist the parolees in reintegrating into 1
society. 2
3
SECTION 213. The introductory language of Arkansas Code § 16 -93-4
712(b), concerning parole supervision, is amended to read as follows: 5
(b) A parole community supervision officer shall: 6
7
SECTION 214. Arkansas Code § 16 -93-712(b)(1), concerning the duties of 8
a community supervision officer in relation to parole supervision, is amended 9
to read as follows: 10
(1) Investigate each case referred to him or her by the Chair of 11
the Parole Post-Prison Transfer Board, the Division of Community Correction, 12
or the prosecuting attorney; 13
14
SECTION 215. Arkansas Code § 16 -93-712(d)(2)(A)(i) and (ii), 15
concerning the sanctioning grid required for parole supervision, are amended 16
to read as follows: 17
(2)(A)(i) The Division of Community Correction shall develop an 18
intermediate sanctions procedure and grid to guide a parole community 19
supervision officer in determining the appropriate response to a violation of 20
conditions of supervision. 21
(ii) The intermediate sanctions procedure shall 22
include a requirement that the parole community supervision officer consider 23
multiple factors when determining the san ction to be imposed, including 24
previous violations and sanctions and the severity of the current and prior 25
violation. 26
27
SECTION 216. Arkansas Code § 16 -93-712(d)(2), concerning the 28
sanctioning grid required for community supervision, is amended to add an 29
additional subdivision to read as follows: 30
(C) The intermediate sanctioning grid shall include: 31
(i) An assignment of point values to commonly 32
occurring violations of terms of parole or criminal behavior; 33
(ii) An assignment of point values to behaviors that 34
decrease the likelihood of recidivism, including without limitation: 35
(a) Education; 36 As Engrossed: S3/30/23 SB495
115 03-30-2023 14:29:46 JLC013
(b) Workforce development; 1
(c) Community service; and 2
(d) Behavioral health programming; 3
(iii) Details on the mechanisms by which points are 4
accumulated and reduced; and 5
(iv) Guidance on which intermediate sanctions should 6
be applied at which point thresholds. 7
8
SECTION 217. Arkansas Code § 16 -93-712(d)(2)(B)(d), concerning 9
sanctions permitted for parole supervision, is amended to read as follows: 10
(d) A parolee may not be incarcerated more 11
than two (2) times as a parole sanction in a Division of Community Correction 12
facility or Division of Correction facility during a two-year period. 13
14
SECTION 218. Arkansas Code § 16-93-712(d)(3)(E)(ii)(b), concerning 15
sanctions permitted for parole supervision, is amended to read as follows: 16
(b) A parolee shall accumulate no more than 17
twenty-one (21) days' incarceration in a county jail or no more than two 18
hundred forty (240) days' incarceration in a Division of Community Correction 19
facility or Division of Correction facility as an intermediate sanction 20
before the parole community supervision officer recommends a violation of the 21
person's parole under § 16 -93-706. 22
23
SECTION 219. Arkansas Code § 16 -93-713, is amended to read as follows: 24
16-93-713. Rulemaking authority. 25
The Parole Post-Prison Transfer Board may adopt rules to implement, 26
administer, and enforce this subchapter. 27
28
SECTION 220. Arkansas Code § 16 -93-714, is amended to read as follows: 29
16-93-714. Denial of parole — Detriment to the community. 30
The Parole Post-Prison Transfer Board may deny parole to any otherwise 31
eligible person, regardless of the sentence that he or she is serving, if 32
five (5) members of the board determine that the person upon release would be 33
a detriment to the community into which the person would be released. 34
35
SECTION 221. Arkansas Code § 16 -93-715(b)(2)(C), concerning revocation 36 As Engrossed: S3/30/23 SB495
116 03-30-2023 14:29:46 JLC013
of parole after sanctions for technical violations, is a mended to read as 1
follows: 2
(C) A parolee is subject to having his or her parole 3
revoked and being returned to the Division of Correction or the Division of 4
Community Correction under this section without having been sanctioned for a 5
period of confinement set out under § 16 -93-712(d) or subdivision (a)(1) of 6
this section if the Parole Post-Prison Transfer Board determines by a 7
preponderance of the evidence that the parolee is engaging in or has engaged 8
in behavior that poses a threat to the community. 9
10
SECTION 222. Arkansas Code § 16 -93-1202(4), concerning the definitions 11
to be used in relation to community correction, is amended to read as 12
follows: 13
(4) “Division of Community Correction” means the administrative 14
structure in place to oversee the deve lopment and operation of community 15
correction facilities, programs, and services, including probation , and 16
parole, and post-release supervision; 17
18
SECTION 223. Arkansas Code § 16 -93-1202(8), concerning the definitions 19
to be used in relation to community correction, is amended to read as 20
follows: 21
(8) “Supervision” means direct supervision at varying levels of 22
intensity by either probation community supervision officers in the case of 23
sentences to probation with a condition of community correction , or parole 24
and post-prison supervision officers, in the case of or offenders eligible 25
for release on parole or offenders transferred to community correction or 26
community supervision from the Division of Correction; 27
28
SECTION 224. Arkansas Code § 16 -93-1202(10), concerning the 29
definitions to be used in relation to community correction, is amended to 30
read as follows: 31
(10)(A)(i) “Target group” means a group of offenders who have 32
committed one (1) or more of the following offenses without limitation: 33
(a) Terroristic threatening, § 5 -13-301, if a 34
firearm was not used or brandished during the commission of the offense; 35
(b)(a) Endangering the welfare of a minor in the 36 As Engrossed: S3/30/23 SB495
117 03-30-2023 14:29:46 JLC013
first degree, § 5-27-205; 1
(c)(b) Theft, § 5-36-101 et seq.; 2
(d)(c) Theft by receiving, § 5-36-106; 3
(e)(d) Fraudulent use of a credit card or debit 4
card, § 5-37-207; 5
(f)(e) Violation of the Arkansas Hot Check Law, § 5 -6
37-301 et seq.; 7
(g)(f) Criminal mischief in the first degree, § 5 -8
38-203, and criminal mischief in the second degree, § 5 -38-204; 9
(h)(g) Commercial burglary, § 5 -39-201(b); 10
(i)(h) Breaking or entering, § 5 -39-202; 11
(j)(i) Failure to appear, § 5 -54-120; 12
(k)(j) Drug paraphernalia, § 5 -64-443; 13
(l)(k) Driving or boating while intoxicated, § 5 -65-14
103, fourth or subsequent offense; 15
(m)(l) Leaving the scene of an accident resulting in 16
death or injury, § 27 -53-101; 17
(n)(m) A Class B felony, Class C felony, or Class D 18
felony that is not violent or sexual and that meets the eligibility criteria 19
determined by the General Assembly to have significant impact on the use of 20
correctional resources; 21
(o)(n) A controlled substance felony, other than 22
trafficking a controlled substance, § 5 -64-440; 23
(p)(o) An unclassified felony for which the 24
prescribed limitations on the sentence do not exceed the prescribed 25
limitations for a Class B felony and that is not violent or sexual; and 26
(q)(p) Solicitation, attempt, or conspiracy to 27
commit an offense listed in this subdivision (10)(A)(i). 28
(ii) As used in this subdivision (10)(A), “violent or 29
sexual” includes: 30
(a) An offense against the person under § 5 -10-101 31
et seq., § 5-11-101 et seq., § 5-12-101 et seq., § 5-13-201 et seq., § 5-13-32
310, and § 5-14-101 et seq.; and 33
(b) A felony ineligible to receive earned release 34
credits or a restricted release felony, as defined in § 16 -93-1802; and 35
(b)(c) An offense containing as an element of the 36 As Engrossed: S3/30/23 SB495
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offense the use of physical force, the threatened use of serious physical 1
force, the infliction of physical injury, or the creation of a substantial 2
risk of serious physical injury, and an offense for which the offender is 3
required to register as a sex offender un der the Sex Offender Registration 4
Act of 1997, § 12-12-901 et seq. 5
(iii) For the purpose of the sealing of a criminal record 6
under § 16-93-1207, “target group” includes any misdemeanor conviction except 7
a misdemeanor conviction for which the offender i s required to register as a 8
sex offender or a misdemeanor conviction for driving while intoxicated. 9
(B) Except for those offenders assigned to a technical violator 10
program, only those offenders falling within the target group population may 11
access community correction facilities whether by judicial transfer, 12
administrative transfer, drug court sanction, or probation sanction. 13
(C) Final determination of eligibility for placement in any 14
community correction center or program is the responsibility of the Division 15
of Community Correction; 16
17
SECTION 225. Arkansas Code § 16 -93-1208(a)(1)(A), concerning post -18
commitment transfer to community correction, is amended to read as follows: 19
(a)(1)(A) Upon commitment of an eligible offender to the Division of 20
Correction, the Division of Correction will transfer the eligible offender to 21
a community correction program, when he or she reaches his or her transfer 22
date, in accordance with the rule s promulgated by the Board of Corrections 23
and conditions set by the Parole Post-Prison Transfer Board. 24
25
SECTION 226. Arkansas Code § 16 -93-1208(a)(2), concerning post -26
commitment transfer to community correction, is amended to read as follows: 27
(2) A person eligible for release from incarceration on parole 28
or post-release supervision may be placed in community correction programming 29
while under parole supervision or post-release supervision upon the 30
recommendation of the condition by the releasing author ity. 31
32
SECTION 227. Arkansas Code § 16 -93-1209, concerning post -commitment 33
transfer to community correction, is amended to read as follows: 34
16-93-1209. Liability. 35
The Division of Correction, the Board of Corrections, the Division of 36 As Engrossed: S3/30/23 SB495
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Community Correction, the Parole Post-Prison Transfer Board, and all 1
governmental agencies and units utilizing eligible offenders in community 2
correction programs as defined in this subchapter are immune from liability 3
and suit for damages, and no tort act ion shall lie against the Division of 4
Correction, the Board of Corrections, the Division of Community Correction, 5
the Parole Post-Prison Transfer Board, and any governmental agency or unit or 6
any of their employees because of any acts of eligible offenders utilized 7
under the provisions of this subchapter. 8
9
SECTION 228. Arkansas Code § 16 -93-1401(2), concerning notification of 10
offenders' acquired immune deficiency syndrome status and related 11
definitions, is amended to read as follows: 12
(2) “Parole or probation Community supervision officer” means a 13
parole, post-release supervision, or probation officer of the Department 14
Division of Community Correction. 15
16
SECTION 229. Arkansas Code § 16 -93-1402(a), concerning notification of 17
offenders' acquired immune de ficiency syndrome status, is amended to read as 18
follows: 19
(a) The purpose of this subchapter is to provide parole or probation 20
community supervision officers with information so they can make informed 21
programming decisions and direct offenders to autoimmu ne deficiency syndrome -22
related resources, including appropriate financial, housing, legal, medical, 23
and counseling services. 24
25
SECTION 230. Arkansas Code § 16 -93-1402(b), concerning notification of 26
offenders' acquired immune deficiency syndrome status, is amended to read as 27
follows: 28
(b) Upon the release of an offender from a correctional institution, a 29
medical representative of the correctional institution shall notify the 30
offender's parole or probation community supervision officer when the 31
offender has tested positive for infection with human immunodeficiency virus 32
(HIV), or has been diagnosed as having acquired deficiency syndrome (AIDS) or 33
acquired immune deficiency syndrome -related conditions. 34
35
SECTION 231. Arkansas Code § 16 -93-1402(c), concerning notification of 36 As Engrossed: S3/30/23 SB495
120 03-30-2023 14:29:46 JLC013
offenders' acquired immune deficiency syndrome status, is amended to read as 1
follows: 2
(c) Information obtained by a parole or probation community 3
supervision officer pursuant to this subchapter shall be confidential and 4
shall not be disclosed except as specifically authorized by this subchapter. 5
6
SECTION 232. Arkansas Code § 16 -93-1602(3)(A), concerning definitions 7
related to transitional housing for offenders transferring from the Division 8
of Correction, is amended to read as follows: 9
(3)(A) “Transitional housing” means a program that provides 10
housing for one (1) or more offenders who either have been transferred or 11
paroled from the Division of Correction by the Parole Post-Prison Transfer 12
Board or placed on probation by a circuit co urt or district court. 13
14
SECTION 233. Arkansas Code § 16 -93-1603(b)(1), concerning powers and 15
duties of the Board of Corrections related to transitional housing for 16
offenders transferring from the Division of Correction, is amended to read as 17
follows: 18
(b)(1) The Parole Post-Prison Transfer Board, a district court, or a 19
circuit court shall not release a transferee, parolee, or probationer to a 20
transitional housing facility as a resident unless the transitional housing 21
facility provides a copy of a curren t license issued by the Division of 22
Community Correction under § 16 -93-1604. 23
24
SECTION 234. Arkansas Code § 16 -97-103(1), concerning relevant 25
evidence related to sentencing, is amended to read as follows: 26
(1) The law applicable to parole, post-release supervision, 27
meritorious good time, earned release credits, or transfer; 28
29
SECTION 235. Arkansas Code § 16 -112-208(c)(2)(C), concerning actions a 30
court may take upon finding that a person's assertion of actual innocence is 31
false, is amended to read as fol lows: 32
(C) Forward the finding to the Board of Corrections for 33
consideration in the awarding of meritorious good time or earned release 34
credits to the person; or 35
36 As Engrossed: S3/30/23 SB495
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SECTION 236. Arkansas Code § 16 -112-208(c)(2)(D), concerning new 1
evidence based on new deoxyribonucleic acid technology, is amended to read as 2
follows: 3
(D) Forward the finding to the Parole Post-Prison Transfer 4
Board for consideration in the granting of parole or post-release supervision 5
to the person. 6
7
SECTION 237. Arkansas Code § 17-1-103(d)(1), concerning registration, 8
certification, and licensing for criminal offenders and evidence of 9
rehabilitation, is amended to read as follows: 10
(1) Probation, or parole, or post-release supervision; and 11
12
SECTION 238. Arkansas Code § 17 -19-301(a), concerning premiums for 13
bail bonds, is amended to read as follows: 14
(a)(1) With the exception of other provisions of Except as provided in 15
this section, the premium or compensation for giving bond or depositing money 16
or property as bail on any bond shall be ten percent (10%), except that the 17
amount may be rounded up to the nearest five -dollar amount. 18
(2)(A) The premium or compensation under subdivision (a)(1) of 19
this section shall be deposited in full prior to release. 20
(B) In no event shall all or a portion of the premium or 21
compensation under subdivision (a)(1) of this section be deposited after 22
release. 23
(3) If property is deposited as bail to meet the premium or 24
compensation under subdivision (a)(1) of this section, appropriate 25
documentation shall be submitted to the court verifying: 26
(A) The value of the property deposited as bail; and 27
(B) That title to the property has been transferred to the 28
surety. 29
30
SECTION 239. Arkansas Code § 19 -5-302(12)(B)(ii), concerning the 31
Miscellaneous Agencies Fund Account that is part of the State General 32
Government Fund, is amended to read as follows: 33
(ii) Nonrevenue income derived from services 34
provided by the probation, parole, post-release supervision, and community 35
correction program; and 36 As Engrossed: S3/30/23 SB495
122 03-30-2023 14:29:46 JLC013
1
SECTION 240. Arkansas Code § 19 -6-301(31), concerning enumerated 2
special revenues, is amended to read as follows: 3
(31) Fees recovered from ex -offenders on probation, or parole, 4
or post-release supervision from a facility of the Division of Community 5
Correction, as enacted by Acts 1981, No. 70, and all laws amendatory thereto, 6
§ 16-93-104; 7
8
SECTION 241. Arkansas Code § 19 -10-204(b)(5), concerning the 9
jurisdiction of the Arkansas State Claims Commission, is amended to read as 10
follows: 11
(5) Brought against the Division of Community Correction for 12
acts committed by a person while that person is subject to conditions of 13
parole, post-release supervision, or probation under Arkansas law; 14
15
SECTION 242. Arkansas Code § 20-13-1704(b), concerning immunity for 16
seeking medical assistance related to a controlled substance, is amended to 17
read as follows: 18
(b) A person shall not be subject to penalties for a violation of a 19
permanent or temporary protective orde r or restraining order or sanctions for 20
a violation of a condition of pretrial release, condition of probation, or 21
condition of parole or post-release supervision based on the possession of a 22
controlled substance in violation of § 5 -64-419 if the penalties or sanctions 23
are related to the seeking of medical assistance. 24
25
SECTION 243. Arkansas Code § 20 -18-306 is amended to read as follows: 26
20-18-306. Fees for certified copies. 27
(a) All Except as provided in subsections (b) and (c) of this section, 28
all fees for certified copies of vital records or vital reports under this 29
chapter are listed in § 20-7-123. 30
(b)(1) However, certified Certified copies of the records shall be 31
furnished to veterans or their dependents without costs when the Department 32
of Veterans Affairs requires certified copies of the records. 33
(2) Any veteran or his or her dependents shall make application 34
and shall execute an unnotarized affidavit that he or she is a veteran or a 35
dependent of a veteran in order to obtain the free certifi ed copy of any 36 As Engrossed: S3/30/23 SB495
123 03-30-2023 14:29:46 JLC013
vital record. 1
(3) Any person who falsely or fraudulently makes an application 2
and unnotarized affidavit that he or she is a veteran or a dependent of a 3
veteran when the person is not a veteran or a dependent of a veteran shall be 4
guilty of a misdemeanor. Upon conviction, the person shall be subject to a 5
fine of not less than fifty dollars ($50.00) nor more than two hundred fifty 6
dollars ($250) or imprisonment for not less than thirty (30) days nor more 7
than six (6) months, or both fine and imprisonment. 8
(c) Certified copies of the records shall be furnished to the 9
Department of Corrections on behalf on a state inmate without costs when 10
requested as release documentation for the state inmate. 11
12
SECTION 244. Arkansas Code § 20 -38-105(d)(3)(D), concerning exceptions 13
to background checks and disqualification from employment, is amended to read 14
as follows: 15
(D) The person has completed probation , or parole, or 16
post-release supervision, paid all court -ordered fees or fines, including 17
restitution, and fully complied with all court orders pertaining to the 18
conviction or plea; 19
20
SECTION 245. Arkansas Code § 20 -76-410(a)(6), concerning conduct that 21
warrants a reduction in a grant of assistance, is amended to read as follows: 22
(6) The individual flees prosecution or custody or confinement 23
following conviction or is in violation of the terms or conditions of parole , 24
post-release supervision, or probation. 25
26
SECTION 246. Arkansas Code § 25 -16-904(11), concerning state boards 27
that may pay a stipen d to members, is amended to read as follows: 28
(11) Parole Post-Prison Transfer Board; 29
30
SECTION 247. Arkansas Code § 25 -43-402(a)(7), concerning state 31
entities transferred to the Department of Corrections, is amended to read as 32
follows: 33
(7) The Parole Post-Prison Transfer Board, created under § 16 -34
93-201; 35
36 As Engrossed: S3/30/23 SB495
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SECTION 248. Arkansas Code § 25 -43-403(c), concerning the Secretary of 1
the Department of Corrections, is amended to read as follows: 2
(c) The secretary may perform all duties to administer t he department, 3
subject to Arkansas Constitution, Amendment 33, including without limitation: 4
(1) Delegate to the employees of the department any of the 5
powers or duties of the department required to administer the: 6
(A) Statutory duties; or 7
(B) Rules, orders, or directives promulgated or issued by 8
the state entities transferred to or established within the department; 9
(2) Hire department personnel; and 10
(3) Perform or assign duties assigned to the department or to 11
the employees of the depart ment; and 12
(4)(A) Ensure compliance with the balanced correctional plan 13
developed under § 16 -90-802(d)(4) by reviewing the strategic plans of the 14
state entities transferred to or established within the department . 15
(B) Review by the secretary under su bdivision (c)(4)(A) of 16
this section shall be conducted before the review and approval of the 17
authority of a state entity that is required to develop a strategic plan. 18
19
SECTION 249. Arkansas Code § 27 -16-816 is amended to read as follows: 20
27-16-816. Probationer and parolee restricted permits. 21
(a)(1) If a person is on probation , or parole, or post-release 22
supervision, or is within ninety (90) days of release on probation , or 23
parole, or post-release supervision, for an offense that did not involve the 24
operation of a motor vehicle and he or she has his or her license suspended 25
for a reason not listed under § 27 -16-915(b)(2)(C), the person may be 26
eligible for a restricted driving permit under this section that permits the 27
holder to drive a mo tor vehicle directly to and directly home from: 28
(A) A place where he or she is employed; 29
(B) A place where he or she, or his or her minor child, 30
attends school; 31
(C) A scheduled meeting with his or her probation or 32
parole community supervision officer; or 33
(D) Any place, location, or meeting that the person's 34
probation or parole community supervision officer has directed the person on 35
probation or parole to travel to or attend. 36 As Engrossed: S3/30/23 SB495
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(2) This section does not apply to a person with an expired 1
driver's license or a person who has failed to comply with license 2
reinstatement requirements under § 5 -65-115(a) and § 5-65-121. 3
(3) The Department of Corrections shall provide access to the 4
programs required under § 5 -65-115(a) and § 5-65-121 to inmates. 5
(b)(1)(A) The application for a restricted driving permit under this 6
section by a person on probation , or parole, or post-release supervision may 7
be submitted electronically to the Department of Finance and Administration 8
by a probation or parole community supervision officer employed by the 9
Division of Community Correction. 10
(B) The department Department of Finance and 11
Administration shall determine whether the restricted driving permit that 12
allows a person on probation , or parole, or post-release supervision to drive 13
a motor vehicle to and from a place listed under subsection (a) of this 14
section shall be issued. 15
(2)(A) A restricted driving permit issued under this section 16
shall be a standardized permit, and the person possessing a restricted 17
driving permit under this section shall have the restricted driving permit in 18
his or her possession at all times when the person is operating a motor 19
vehicle until the person's driver's license is no longer suspended. 20
(B)(i) A restricted driving permit shal l include the 21
address of the person's residence and the address of each location to and 22
from where the person is permitted to drive under this section. 23
(ii) The person's name and address on a restricted 24
driving permit under this section shall match the person's name and address 25
as listed on a valid state -issued identification in the person's possession. 26
(3) The department Department of Finance and Administration may 27
revoke a restricted driving permit under this section at any time and for any 28
reason. 29
(c) A person who knowingly creates a fraudulent restricted driving 30
permit, the purpose of which is to be used as a restricted driving permit 31
under this section upon conviction is guilty of a Class A misdemeanor. 32
(d) A motor vehicle liability insura nce carrier may provide liability 33
insurance for a person issued a restricted driving permit under this section 34
but is not required to issue an insurance policy for a person who has been 35
issued a restricted driving permit under this section. 36 As Engrossed: S3/30/23 SB495
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(e)(1) A person on probation, or parole, or post-release supervision 1
who has been issued a restricted driving permit under this section shall 2
continue to have his or her driver's license suspended until the person has 3
satisfied all the requirements necessary to remove his or her driver's 4
license from suspension. 5
(2) Once the person on probation , or parole, or post-release 6
supervision has his or her driver's license removed from suspension, he or 7
she shall be free from the restrictions placed on him or her under this 8
section. 9
(f) A restricted driving permit issued under this section expires on 10
the date on which the person is released from probation , or parole, or post-11
release supervision. 12
(g) The division and the department Department of Finance and 13
Administration may promulgate rules to implement this section. 14
15
SECTION 250. TEMPORARY LANGUAGE. DO NOT CODIFY. Legislative 16
Recidivism Reduction Task Force – Creation – Membership – Duties. 17
(a) There is created the Legislative Recidivism Reduction Task Force. 18
(b) The task force shall consist of the following nineteen (19) 19
members: 20
(1) One (1) member appointed by the Chief Justice of the Supreme 21
Court; 22
(2) Nine (9) members appointed by the Governor, as follows: 23
(A) One (1) member who is a county sheriff; 24
(B) One (1) member who is a representative of the Arkansas 25
Public Defender Commission; 26
(C) One (1) member who is a public defender; 27
(D) One (1) member who is a prosecuting attorney; 28
(E) One (1) member who is a member of the executive board 29
of the Arkansas Association of Chiefs of Police; 30
(F) One (1) member who is a victim of crime or an advocate 31
for victims of crime; 32
(G) One (1) member who is a member of a community affected 33
by crime and who may be a person with personal experience in the criminal 34
justice system; and 35
(H) Two (2) at-large members who are representative of the 36 As Engrossed: S3/30/23 SB495
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racial, ethnic, gender, or geographical diversity of the state; 1
(3) Two (2) members of the Senate appointed by the President Pro 2
Tempore of the Senate; 3
(4) Two (2) members of the House of Representatives appointed by 4
the Speaker of the House of Representatives; 5
(5) The Chair of the Board of Corrections, or his or her 6
designee; 7
(6) The Chair of the Arkansas Parole Board, or his or her 8
designee; 9
(7) The Secretary of the Department of Corrections, or his or 10
her designee; 11
(8) The Director of the Division of Community Correction, or his 12
or her designee; and 13
(9) The Attorney General, or his or her designee. 14
(c) If a vacancy occurs on the task force, the vacancy shall be filled 15
by the same process as the original appointment. 16
(d)(1) The Senate members appointed by the President Pro Tempore of 17
the Senate shall call the first meeting of the task force no later than 18
August 31, 2023. 19
(2) At the first meeting of the task force, the members of the 20
task force shall elect from the membership a chair and other officers as 21
needed for the transaction of its business. 22
(3) The task force shall meet at least quarterly at the call of 23
the chair or a majority of the members of the task force. 24
(4) The task force shall meet at the State Capitol Building or 25
in the legislative committee rooms in the Multi -Agency Complex on the State 26
Capitol grounds. 27
(e)(1) The task force shall adopt rules and procedures for conducting 28
its business. 29
(2) Nine (9) members of the task force shall constitute a quorum 30
for transacting business. 31
(f) The purpose of the task force is to study and recommend 32
improvements to the criminal justice system outcomes in the State of 33
Arkansas. 34
(g) To achieve this purpose, the task force, working with the support 35
of the Council of State Governments Justice Center, shall: 36 As Engrossed: S3/30/23 SB495
128 03-30-2023 14:29:46 JLC013
(1) Conduct a comprehensive data analysis to identify the 1
drivers of Arkansas’s high recidivism rates; 2
(2) Examine the effectiveness of current supervision practices 3
and responses to technical violations of supervision; 4
(3) Identify unnecessary barriers to successful reentry into 5
society; 6
(4) Determine gaps in behavioral health treatment, workforce 7
training, and other services for people on supervision and reentering society 8
from incarceration; 9
(5) Use data to identify how recidivism contributes to overall 10
crime and incarceration rates; and 11
(6) Develop data-driven recommendations for reducing recidiv ism 12
and improving outcomes for people on supervision and reentering society from 13
incarceration. 14
(h)(1) On or before December 31, 2023, the task force shall submit a 15
preliminary report to the Legislative Council, the Governor, and the Chief 16
Justice of the Supreme Court. 17
(2) On or before December 1, 2024, the task force shall submit 18
its final report to the Legislative Council, the Governor, and the Chief 19
Justice of the Supreme Court. 20
(3) The preliminary report and the final report shall include 21
the task force’s activities, findings, and recommendations, including without 22
limitation: 23
(A) Recommendations for improvements to criminal justice 24
system outcomes; 25
(B) A summary of projected savings to the State of 26
Arkansas to be generated from adoption of the recommendations of the task 27
force; and 28
(C) The projected impact on public safety in the state 29
with adoption of the recommendations of the task force. 30
(i) The task force shall expire on December 31, 2024. 31
32
SECTION 251. DO NOT CODIFY. CORRECTION OF TECHNICAL ERRORS RELATED TO 33
IMPLEMENTATION OF the "Protect Arkansas Act". 34
(a)(1) The General Assembly finds that: 35
(A) The implementation of this act involves a multitude of 36 As Engrossed: S3/30/23 SB495
129 03-30-2023 14:29:46 JLC013
changes to existing Arkansas law; 1
(B) Many of the changes implicated by this act are highly 2
technical and require careful study of the purpose and context of each 3
Arkansas Code section, with the need for some of the changes not becoming 4
apparent until the implementation of this act; 5
(C) When implementing re visions as large and comprehensive 6
as the changes under this act, it is inevitable that certain sections of the 7
Arkansas Code requiring technical changes to follow the intent of this act 8
will be either omitted or amended in a manner that is later found to be 9
erroneous and unintentional; 10
(D) It is likewise inevitable that other acts enacted by 11
the Ninety-fourth General Assembly will not take into account the changes in 12
this act, resulting in technical inconsistencies between newly passed laws; 13
and 14
(E) If the correct statutory change to remedy an 15
unintentional error or an inconsistency between this act and another act of 16
the Ninety-fourth General Assembly is readily apparent and consistent with 17
the intent of this act, the unintentional error or incon sistency should be 18
corrected as part of the codification process due to the technical nature of 19
the unintentional error or inconsistency. 20
(2) It is the intent of the General Assembly to empower the 21
Arkansas Code Revision Commission to correct technical errors identified in 22
the Arkansas Code during the implementation of this act to allow this act to 23
be fully implemented. 24
(b)(1)(A) Any person or state entity identifying one (1) or more 25
sections of the Arkansas Code that require revision to implement th e intent 26
of this act may notify the Director of the Bureau of Legislative Research or 27
his or her designee of the section or sections at issue. 28
(B) If the Bureau of Legislative Research, while assisting 29
the commission with the commission's powers and du ties, becomes aware of one 30
(1) or more sections of the Arkansas Code that require revision to implement 31
the intent of this act for which it appears that the bureau and the 32
commission do not have authority to make the necessary revision under § 1 -2-33
303(d), the bureau may notify the commission of the section or sections at 34
issue. 35
(2) If the commission determines that the revision necessary to 36 As Engrossed: S3/30/23 SB495
130 03-30-2023 14:29:46 JLC013
one (1) or more sections of the Arkansas Code under subdivision (b)(1) of 1
this section is technical in nature, germ ane to the intent of this act, and 2
consistent with this act's policy and purposes, the commission may make the 3
revision to the Arkansas Code. 4
(3) The commission shall notify the publisher of the Arkansas 5
Code of a revision to the Arkansas Code under sub division (b)(2) of this 6
section as soon as possible so that the revision may be reflected in the 7
official hard copy version of the Arkansas Code and official electronic 8
version of the Arkansas Code. 9
(4)(A) Except as provided in subdivision (b)(4)(B) of this 10
section, when the commission approves a revision to the Arkansas Code under 11
subdivision (b)(2) of this section, the commission shall notify the following 12
of the revision within thirty (30) days: 13
(i) The Speaker of the House of Representatives; 14
(ii) The President Pro Tempore of the Senate; and 15
(iii) The Legislative Council. 16
(B) The commission is not required to make a notification 17
under subdivision (b)(4)(A) of this section if the revision is made under § 18
1-2-303(d). 19
(c) The authority granted to the commission under this section is 20
supplemental to the commission's authority under § 1 -2-303. 21
(d) This section shall expire on December 31, 2024. 22
23
SECTION 252. DO NOT CODIFY. CONSTRUCTION. 24
(a) Except as provided in subsecti on (b) of this section, to the 25
extent that a conflict exists between an act of the regular session of the 26
Ninety-Fourth General Assembly and this act: 27
(1) Section 1-2-107 shall not apply; and 28
(2) All of the enactments of each act shall be given effec t 29
except to the extent of irreconcilable conflicts, in which case the 30
conflicting provision of this act shall prevail. 31
(b) This section shall not revive or re -enact any provision of the 32
Arkansas Code that has been repealed by an act of the regular sessio n of the 33
Ninety-Fourth General Assembly, including without limitation this act. 34
35
SECTION 253. DO NOT CODIFY. Severability. 36 As Engrossed: S3/30/23 SB495
131 03-30-2023 14:29:46 JLC013
As provided in § 1-2-117, the provisions of this act are severable, 1
and, if any portion of this act is determined to be unconsti tutional or 2
invalid, the remaining portions of the act remain in effect. 3
4
SECTION 254. DO NOT CODIFY. Revisions to position classification 5
titles. 6
(a) Any position classification title that is no longer appropriate in 7
light of the changes to Arkansas law under this act may be revised as 8
determined appropriate by the Office of Personnel Management, including 9
without limitation the revision of position cla ssification titles that 10
reference the Parole Board to instead reference the Post -Prison Transfer 11
Board. 12
(b) The authority under subsection (a) of this section does not allow 13
for revisions to: 14
(1) A pay grade; 15
(2) A line item; 16
(3) The number of authorized classifications; or 17
(4) A job duty. 18
19
SECTION 255. DO NOT CODIFY. EFFECTIVE DATE. 20
Sections 1-249 of this act and sections 251 -254 of this act are 21
effective on and after January 1, 2024. 22
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