Arkansas 2023 Regular Session

Arkansas Senate Bill SB495 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 659 of the Regular Session
3	2		JLC013 04-05-2023 16:03:12 JLC013
4	3
5	4		State of Arkansas As Engrossed: S3/30/23 H4/5/23 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 SENATE BILL 495 3
8	7		4
9	8		By: Senators Gilmore, J. Dismang, J. Boyd, J. Bryant, Caldwell, Crowell, B. Davis, Dees, J. English, 5
10	9		Flippo, K. Hammer, Hester, Hill, Irvin, B. Johnson, M. Johnson, M. McKee, C. Penzo, J. Petty, Rice, 6
11	10		Stone, G. Stubblefield, D. Wallace, A. Clark 7
12	11		By: Representatives Gazaway, M. Shepherd, Achor, Andrews, Barker, Beck, Beaty Jr., Bentley, M. Berry, 8
13	12		S. Berry, Breaux, Brooks, K. Brown, M. Brown, Burkes, Joey Carr, John Carr, Cavenaugh, C. Cooper, 9
14	13		Cozart, Crawford, Dalby, Duffield, Eaves, Eubanks, Evans, C. Fite, L. Fite, Fortner, Furman, Gramlich, 10
15	14		Haak, Hawk, G. Hodges, Holcomb, Hollowell, L. Johnson, Ladyman, Lundstrum, Maddox, McAlindon, 11
16	15		McCollum, McGrew, B. McKenzie, McNair, S. Meeks, Milligan, J. Moore, Painter, Pearce, Pilkington, 12
17	16		Ray, R. Scott Richardson, Richmond, Rose, Rye, Schulz, Steimel, Tosh, Underwood, Vaught, Walker, 13
18	17		Wardlaw, Warren, Watson, Wing, Wooldridge, Wooten 14
19	18		15
20	19		For An Act To Be Entitled 16
21	20		AN ACT TO CREATE THE PROTECT ARKANSAS ACT ; TO AMEND 17
22	21		ARKANSAS LAW CONCERN ING SENTENCING AND P AROLE; TO 18
23	22		AMEND ARKANSAS LAW C ONCERNING CERTAIN CR IMINAL 19
24	23		OFFENSES; TO AMEND A RKANSAS LAW CONCERNI NG THE PAROLE 20
25	24		BOARD; TO CREATE THE LEGISLATIVE RECIDIVI SM REDUCTION 21
26	25		TASK FORCE; AND FOR OTHER PURPOSES. 22
27	26		23
28	27		24
29	28		Subtitle 25
30	29		TO CREATE THE PROTECT ARKANSAS ACT; TO 26
31	30		AMEND ARKANSAS LAW CONCERNING SENTENCING 27
32	31		AND PAROLE; TO AMEND ARKANSAS LAW 28
33	32		CONCERNING CERTAIN CRIMINAL OFFENSES; AND 29
34	33		TO CREATE THE LEGISLATIVE RECIDIVISM 30
35	34		REDUCTION TASK FORCE. 31
36	35		32
37	36		33
38	37		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 34
39	38		35
40	39		SECTION 1. DO NOT CODIFY. This act shall be known as the "Protect 36 As Engrossed: S3/30/23 H4/5/23 SB495
41	40
42	41		2 04-05-2023 16:03:12 JLC013
43	42
44	43
45	44		Arkansas Act". 1
46	45		2
47	46		SECTION 2. Arkansas Code Title 16, Chapter 93, is amended to add 3
48	47		additional subchapters to read as follows: 4
49	48		Subchapter 18 — Release Eligibility and Procedures for Offenses Committed 5
50	49		on or after January 1, 2025 6
51	50		7
52	51		16-93-1801. Applicability. 8
53	52		(a) This subchapter applies to a felony offense committed on or after 9
54	53		January 1, 2025. 10
55	54		(b) A person who, before January 1, 2025, committed a felony and who 11
56	55		was convicted and incarcerated for that felony is eligible for release on 12
57	56		parole in accordance with the law in effect at the time the felony was 13
58	57		committed. 14
59	58		15
60	59		16-93-1802. Definitions. 16
61	60		As used in this subchapter: 17
62	61		(1)(A) “Felony ineligible to receive earned release credits” 18
63	62		means a felony offense for which a person is not eligible for release until 19
64	63		one hundred percent (100%) of the sentenced imposed by the sentencing court 20
65	64		has been served. 21
66	65		(B) "Felony ineligible to receive earned release credits" 22
67	66		includes only the following felony offenses, or an attempt, solicitation, or 23
68	67		conspiracy to commit one (1) of the following felony offenses: 24
69	68		(i) Capital murder, § 5 -10-101; 25
70	69		(ii) Murder in the first degree, § 5 -10-102; 26
71	70		(iii) Kidnapping, § 5 -11-102, if a Class Y felony; 27
72	71		(iv) Aggravated robbery, § 5 -12-103; 28
73	72		(v) Rape, § 5-14-103; 29
74	73		(vi) Trafficking of persons, § 5 -18-103; 30
75	74		(vii) Engaging children in sexually explicit conduct 31
76	75		for use in visual or print medium, § 5 -27-303; 32
77	76		(viii) Pandering or possessing visual or print 33
78	77		medium depicting sexually explicit conduct involving a child, § 5 -27-304; 34
79	78		(ix) Transportation of minors for prohibited sexual 35
80	79		conduct, § 5-27-305; 36 As Engrossed: S3/30/23 H4/5/23 SB495
81	80
82	81		3 04-05-2023 16:03:12 JLC013
83	82
84	83
85	84		(x) Internet stalking of a child, § 5 -27-306; 1
86	85		(xi) Sexually grooming a child, § 5 -27-307, if a 2
87	86		felony offense; 3
88	87		(xii) Producing, directing, or promoting a sexual 4
89	88		performance by a child, § 5 -27-403; 5
90	89		(xiii) Computer exploitation of a child, § 5-27-605; 6
91	90		(xiv) Causing a catastrophe, § 5 -38-202(a); 7
92	91		(xv) Aggravated residential burglary, § 5 -39-204, if 8
93	92		a Class Y felony; 9
94	93		(xvi) Treason, § 5-51-201; 10
95	94		(xvii) Fleeing, § 5 -54-125, if a Class B felony; and 11
96	95		(xviii) Possession of firearms by certain persons, § 12
97	96		5-73-103, if a Class B felony; and 13
98	97		(2)(A) “Restricted release felony” means a felony offense for 14
99	98		which a person is not eligible for release until at least eighty -five percent 15
100	99		(85%) of the sentenced imposed by the sentencing court has been served. 16
101	100		(B) "Restricted release felony" includes only the following 17
102	101		felony offenses, or an attempt, solicitation, or conspiracy to commit one (1) 18
103	102		of the following felony offenses: 19
104	103		(i) Murder in the second degree, § 5 -10-103; 20
105	104		(ii) Manslaughter, § 5 -10-104; 21
106	105		(iii) Negligent homicide, § 5-10-105, if a Class B 22
107	106		felony; 23
108	107		(iv) Encouraging the suicide of another person, § 5 -24
109	108		10-107; 25
110	109		(v) Kidnapping, § 5 -11-102, if a Class B felony; 26
111	110		(vi) Battery in the firs t degree, § 5-13-201; 27
112	111		(vii) Terroristic act, § 5 -13-310; 28
113	112		(viii) Sexual indecency with a child, § 5 -14-110; 29
114	113		(ix) Sexual extortion, § 5 -14-113; 30
115	114		(x) Exposing another person to human 31
116	115		immunodeficiency virus, § 5 -14-123; 32
117	116		(xi) Sexual assault in the first degree, § 5 -14-124; 33
118	117		(xii) Unlawful female genital mutilation of a minor, 34
119	118		§ 5-14-136; 35
120	119		(xiii) Crime of video voyeurism, § 5 -16-101, if a 36 As Engrossed: S3/30/23 H4/5/23 SB495
121	120
122	121		4 04-05-2023 16:03:12 JLC013
123	122
124	123
125	124		Class C felony offense; 1
126	125		(xiv) Voyeurism, § 5 -16-102, if a Class C felony 2
127	126		offense; 3
128	127		(xv) Patronizing a victim of human trafficking, § 5 -4
129	128		18-104; 5
130	129		(xvi) Grooming a minor for future sex trafficking, § 6
131	130		5-18-106; 7
132	131		(xvii) Traveling for the purpose of an unlawful sex 8
133	132		act with a minor, § 5 -18-107; 9
134	133		(xviii) Domestic battering in the firs t degree, § 5-10
135	134		26-303; 11
136	135		(xix) Aggravated assault on a family or household 12
137	136		member, § 5-26-306, if under § 5-26-306(a)(3); 13
138	137		(xx) Permitting abuse of a minor, § 5 -27-221, if a 14
139	138		Class B felony; 15
140	139		(xxi) Exposing a child to a chemical substance or 16
141	140		methamphetamine, § 5 -27-230; 17
142	141		(xxii) Employing or consenting to the use of a child 18
143	142		in a sexual performance, § 5 -27-402; 19
144	143		(xxiii) Arson, § 5-38-301, if a Class Y felony; 20
145	144		(xxiv) Aggravated residential burglary, § 5 -39-204, 21
146	145		if a Class A felony; 22
147	146		(xxv) Advocating assassination or overthrow of 23
148	147		government, § 5-51-202; 24
149	148		(xxvi) First degree escape, § 5 -54-110; 25
150	149		(xxvii) Soliciting material support for terrorism, § 26
151	150		5-54-202(a); 27
152	151		(xxviii) Providing material support for a terrorist 28
153	152		act, § 5-54-202(b); 29
154	153		(xxix) Making a terrorist threat, § 5 -54-203; 30
155	154		(xxx) Falsely communicating a terrorist threat, 5 -31
156	155		54-204; 32
157	156		(xxxi) Terrorism, § 5 -54-205; 33
158	157		(xxxii) Hindering prosecution of terrorism, § 5 -54-34
159	158		207; 35
160	159		(xxxiii) Exposing the public to toxic biological, 36 As Engrossed: S3/30/23 H4/5/23 SB495
161	160
162	161		5 04-05-2023 16:03:12 JLC013
163	162
164	163
165	164		chemical, or radioactive substances, § 5 -54-208; 1
166	165		(xxxiv) Use of a hoax substance or hoax bomb, § 5 -2
167	166		54-209; 3
168	167		(xxxv) Engaging in a continuing criminal enterprise, 4
169	168		§ 5-64-405; 5
170	169		(xxxvi) Delivery of fentanyl, § 5 -64-421(c); 6
171	170		(xxxvii) Manufacture of fentanyl, § 5 -64-421(d); 7
172	171		(xxxviii) Trafficking a controlled substance, § 5 -8
173	172		64-440; 9
174	173		(xxxix) Driving or boating while intoxicated, sixth 10
175	174		or subsequent offense, § 5 -65-111(f); 11
176	175		(xl) Promoting prostitution in the first degree, § 12
177	176		5-70-104, if a Class B felony; 13
178	177		(xli) Arming rioters, § 5 -71-204; 14
179	178		(xlii) Criminal use of prohibited weapons, § 5 -73-15
180	179		104, if a Class B felony; 16
181	180		(xliii) Criminal possession of explosive material or 17
182	181		a destructive device, § 5 -73-108(a); 18
183	182		(xliv) Criminal distribution of explosive material, 19
184	183		§ 5-73-108(b); 20
185	184		(xlv) Possession of stolen explosive material, § 5 -21
186	185		73-108(c); 22
187	186		(xlvi) Unlawful receipt or possession of an 23
188	187		explosive material, § 5 -73-108(d); 24
189	188		(xlvii) Theft of any explosi ve material with the 25
190	189		purpose to cause harm to a person or property, § 5 -73-108(f); 26
191	190		(xlviii) Possession or use of weapons by 27
192	191		incarcerated persons, § 5 -73-131; 28
193	192		(xlix) Possession or use of a machine gun in the 29
194	193		course of a criminal offense, § 5-73-211; 30
195	194		(l) Unlawful discharge of a firearm from a vehicle 31
196	195		in the first degree, § 5 -74-107(a); 32
197	196		(li) Using a born-alive infant for scientific 33
198	197		research or other kind of experimentation, § 20 -16-604(i); 34
199	198		(lii) Partial-birth abortion, § 20 -16-1203; and 35
200	199		(liii) Performing an abortion in violation of the 36 As Engrossed: S3/30/23 H4/5/23 SB495
201	200
202	201		6 04-05-2023 16:03:12 JLC013
203	202
204	203
205	204		Arkansas Unborn Child Protection from Dismemberment Abortion Act, § 20 -16-1
206	205		1801 et seq. 2
207	206		3
208	207		16-93-1803. Release eligibility for felony ineligible for earned 4
209	208		release credits or restricted relea se felony committed on or after January 1, 5
210	209		2025. 6
211	210		(a) A person who, on or after January 1, 2025, commits a felony 7
212	211		ineligible to receive earned release credits and who is convicted and 8
213	212		incarcerated for the felony ineligible to receive earned release credit s is 9
214	213		not eligible for release before serving the entire term of imprisonment 10
215	214		imposed by the sentencing court. 11
216	215		(b)(1) A person who, on or after January 1, 2025, commits a restricted 12
217	216		release felony and who was convicted and incarcerated for the restricted 13
218	217		release felony is not eligible for release prior to serving at least eighty -14
219	218		five percent (85%) of the term of incarceration imposed by the sentencing 15
220	219		court. 16
221	220		(2) A person serving a sentence for a restricted release felony 17
222	221		may accrue earned release credit s in accordance with the policy adopted by 18
223	222		the Division of Correction and as described in § 12 -29-701 et seq. 19
224	223		(3) Earned release credits shall not be applied to a sentence for a 20
225	224		restricted release felony in an amount that exceeds fifteen percent (15%) of 21
226	225		the term of imprisonment imposed by the sentencing court. 22
227	226		(c) A person who commits a restricted release felony and who has 23
228	227		previously been convicted of a restricted release felony or a felony 24
229	228		ineligible to receive earned release credits is ineligible fo r release before 25
230	229		serving one hundred percent (100%) of the period of incarceration imposed by 26
231	230		the sentencing court. 27
232	231		28
233	232		16-93-1804. Release eligibility for felonies committed on or after 29
234	233		January 1, 2025. 30
235	234		Except as provided in § 16 -93-1803, a person who c ommits a felony on or 31
236	235		after January 1, 2025, and who is convicted and incarcerated for that felony 32
237	236		is eligible for release as follows: 33
238	237		(1) A person who commits an offense meeting the definition of 34
239	238		target group as defined under § 16 -93-1202 and who is judicially or 35
240	239		administratively transferred to a community correction center is eligible for 36 As Engrossed: S3/30/23 H4/5/23 SB495
241	240
242	241		7 04-05-2023 16:03:12 JLC013
243	242
244	243
245	244		transfer to post-release supervision as follows: 1
246	245		(A) If the person is transferred back to the Division of 2
247	246		Correction for disciplinary reasons, he or she is inelig ible to accrue earned 3
248	247		release credits against the sentence for which he or she is transferred to 4
249	248		the Division of Correction for disciplinary reasons; 5
250	249		(B) If the person is transferred back to the Division of 6
251	250		Correction for administrative reasons, he or she may be considered for 7
252	251		transfer to post-release supervision as otherwise authorized in § 16 -93-1803 8
253	252		and this section; 9
254	253		(C) If the person is not transferred back to the Division 10
255	254		of Correction for administrative or disciplinary reasons, he or she is 11
256	255		eligible for release under § 12 -27-127(c); and 12
257	256		(D) A person who has committed a felony that is within the 13
258	257		target group as defined under § 16 -93-1202 and who is transferred to 14
259	258		community supervision is eligible, under the rules established by the Post -15
260	259		Prison Transfer Board, for commitment to a community correction facility if 16
261	260		he or she is found to be in violation of any of his or her conditions of 17
262	261		post-release supervision, unless the post -release supervision violation 18
263	262		constitutes a non-target felony offense ; 19
264	263		(2) For a person sentenced to death, life imprisonment without 20
265	264		parole, or life imprisonment: 21
266	265		(A) If the sentence is death or life imprisonment without 22
267	266		parole, the person is not eligible for transfer to post -release supervision 23
268	267		unless his or her se ntence is pardoned or commuted to a term of years by the 24
269	268		Governor as provided by law; 25
270	269		(B) If the sentence is life imprisonment, the person is 26
271	270		not eligible for transfer to post -release supervision unless his or her 27
272	271		sentence is commuted to a term of year s by executive clemency; 28
273	272		(C) Upon commutation, a person under sentence of death or 29
274	273		life imprisonment without parole must serve the entire term set by the 30
275	274		commutation; and 31
276	275		(D) Upon commutation, a person under a sentence of life 32
277	276		imprisonment is eligi ble for transfer to post -release supervision as provided 33
278	277		in this section or in § 16 -93-1803; 34
279	278		(3) A person sentenced for a felony who was a minor at the time 35
280	279		he or she committed the felony is eligible for release on the earlier of 36 As Engrossed: S3/30/23 H4/5/23 SB495
281	280
282	281		8 04-05-2023 16:03:12 JLC013
283	282
284	283
285	284		either the date authori zed by this section or the date authorized by § 16 -93-1
286	285		621; and 2
287	286		(4)(A) Every other person who is incarcerated for commission of 3
288	287		a felony is eligible for transfer to post -release supervision when the sum of 4
289	288		his or her actual time served in confinement and his or her earned release 5
290	289		credits equals or exceeds one hundred percent (100%) of the term of 6
291	290		imprisonment imposed by the sentencing court. 7
292	291		(B) The maximum amount of earned release credits that can 8
293	292		be accrued and granted by the Post -Prison Transfer Board under subdivision 9
294	293		(4)(A) of this section is fifty percent (50%) or seventy -five percent (75%) 10
295	294		of the term of imprisonment imposed by the sentencing court, depending on the 11
296	295		seriousness determination provided in the seriousness grid or table 12
297	296		promulgated by the Arkansas Sentencing Commission and approved by the 13
298	297		Legislative Council. 14
299	298		15
300	299		16-93-1805. Procedures for release — Generally. 16
301	300		(a) An inmate under sentence for a felony and who is eligible for 17
302	301		release, may be transferred to post -release supervision under this section 18
303	302		and § 16-93-1903 subject to rules promulgated by the Board of Corrections or 19
304	303		the Post-Prison Transfer Board and conditions adopted by the Post -Prison 20
305	304		Transfer Board. 21
306	305		(b) Notwithstanding any minimum serving requirement, upon 22
307	306		recommendation of the Director of the Division of Correction, the Post -Prison 23
308	307		Transfer Board may consider an inmate for transfer to post -release 24
309	308		supervision if: 25
310	309		(1) The inmate is at least sixty (60) years of age; and 26
311	310		(2) The inmate has served at lea st one-half (1/2) of his or her 27
312	311		sentence. 28
313	312		29
314	313		16-93-1806. Procedures for release — Hearing. 30
315	314		(a) An inmate under sentence for a felony, except those designated as 31
316	315		a felony ineligible to receive earned release credits under § 16 -93-1802, may 32
317	316		be transferred to post-release supervision under § 16 -93-1903 and § 16-93-33
318	317		1904 subject to rules promulgated by the Board of Corrections or the Post -34
319	318		Prison Transfer Board and conditions adopted by the Post -Prison Transfer 35
320	319		Board. 36 As Engrossed: S3/30/23 H4/5/23 SB495
321	320
322	321		9 04-05-2023 16:03:12 JLC013
323	322
324	323
325	324		(b) Before a hearing of the Post -Prison Transfer Board to consider a 1
326	325		transfer to post-release supervision, notification of the committing court, 2
327	326		the prosecuting attorney, county sheriff, and the victim or the victim’s next 3
328	327		of kin for an inmate under sentence for an offense other than one (1) in t he 4
329	328		target group as defined in § 16 -93-1202 shall follow the procedures stated in 5
330	329		§ 16-93-1810. 6
331	330		(c)(1) For an inmate under sentence for a felony within the target 7
332	331		group as defined in § 16 -93-1202, before the Post -Prison Transfer Board sets 8
333	332		conditions for transfer of the inmate to post -release supervision, a victim, 9
334	333		or his or her next of kin in cases in which the victim is unable to express 10
335	334		his or her desire, who has expressed the desire to be consulted by the Post -11
336	335		Prison Transfer Board shall be notified of the date, time, and place of the 12
337	336		transfer hearing. 13
338	337		(2)(A) A victim or his or her next of kin who desires to be 14
339	338		consulted by the Post -Prison Transfer Board under this section shall inform 15
340	339		the Post-Prison Transfer Board of his or her desire to be consult ed in 16
341	340		writing at the time of sentence. 17
342	341		(B) A victim or his or her next of kin who does not inform 18
343	342		the Post-Prison Transfer Board of his or her desire to be consulted as 19
344	343		required under subdivision (c)(2)(A) of this section is not required to be 20
345	344		notified by the Post-Prison Transfer Board. 21
346	345		(3)(A) Victim input to the Post -Prison Transfer Board under this 22
347	346		section is limited to oral or written recommendations on conditions relevant 23
348	347		to the inmate under review for transfer to post -release supervision. 24
349	348		(B) The oral or written recommendations received under 25
350	349		this subsection are not binding on the Post -Prison Transfer Board but are 26
351	350		given due consideration within the resources available for transfer to post -27
352	351		release supervision. 28
353	352		29
354	353		16-93-1807. Risk and needs a ssessment to be considered — Release 30
355	354		without a hearing. 31
356	355		(a)(1) A risk and needs assessment that evaluates and quantifies the 32
357	356		inmate’s risk to reoffend following release shall inform the transfer 33
358	357		determination, along with other relevant information. 34
359	358		(2) If transfer to post-release supervision is granted, the risk 35
360	359		and needs assessment under this section and other relevant information shall 36 As Engrossed: S3/30/23 H4/5/23 SB495
361	360
362	361		10 04-05-2023 16:03:12 JLC013
363	362
364	363
365	364		be used to set the conditions for post -release supervision. 1
366	365		(b)(1) Review of an inmate’s appropriateness for trans fer to post-2
367	366		release supervision is based on rules and policies adopted by the board and 3
368	367		the board shall conduct a risk and needs assessment review as a part of the 4
369	368		review of the inmate's appropriateness for transfer to post -release 5
370	369		supervision. 6
371	370		(2) The rules and policies adopted by the board under 7
372	371		subdivision (c)(1) of this section shall include without limitation: 8
373	372		(A) A provision for notification of the victim or his or 9
374	373		her next of kin that a hearing shall be held under this section; 10
375	374		(B) A requirement for keeping a record of the proceedings; 11
376	375		and 12
377	376		(C) A list of the criteria upon which a denial may be 13
378	377		based. 14
379	378		(c) In order to prepare applications for post -release supervision 15
380	379		transfer consideration, the Post -Prison Transfer Board shall: 16
381	380		(1) Begin transfer proceedings for post -release supervision or a 17
382	381		preliminary review for post -release supervision under this subchapter no 18
383	382		later than six (6) months before an inmate’s post -release supervision 19
384	383		transfer eligibility date; and 20
385	384		(2) Authorize proce dures for jacket review , as defined in § 16 -21
386	385		93-101, no later than six (6) months before an inmate’s post -release 22
387	386		supervision transfer eligibility. 23
388	387		(d) The transfer review for post -release supervision may be conducted 24
389	388		without a hearing when: 25
390	389		(1) The inmate has not received a major disciplinary report; 26
391	390		(2) There has not been a request by a victim or his or her next 27
392	391		of kin to have input on post -release supervision transfer conditions; and 28
393	392		(3) There is no indication in the risk and needs assessment 29
394	393		review under this section that special conditions need to be placed on the 30
395	394		inmate. 31
396	395		32
397	396		16-93-1808. Hearing procedure. 33
398	397		(a) When a hearing is needed to determine whether to transfer an 34
399	398		inmate to post-release supervision, the Post -Prison Transfer Board shal l 35
400	399		conduct a hearing to determine the appropriateness of the inmate for transfer 36 As Engrossed: S3/30/23 H4/5/23 SB495
401	400
402	401		11 04-05-2023 16:03:12 JLC013
403	402
404	403
405	404		to post-release supervision. 1
406	405		(b) At the conclusion of a hearing under this section, the board shall 2
407	406		issue one (1) of the following decisions: 3
408	407		(1) Transfer the inmate to po st-release supervision as 4
409	408		authorized under § 16 -93-1901 et seq. and accompany the transfer with a 5
410	409		notice of the conditions of the transfer, including without limitation: 6
411	410		(A) Supervision levels; 7
412	411		(B) Economic fee sanction; 8
413	412		(C) Participation in a treatment program; 9
414	413		(D) Programming requirements; and 10
415	414		(E) Facility placement when appropriate; 11
416	415		(2)(A) Deny transfer of the inmate to post -release supervision 12
417	416		based on a set of established criteria and accompany the denial with a 13
418	417		prescribed course of action to be undertaken by the inmate to rectify the 14
419	418		board’s concern. 15
420	419		(B) Upon completion of the course of action determined by 16
421	420		the board under subdivision (b)(2)(A) of this section and after final review 17
422	421		of the inmate’s file to ensure successful c ompletion of the course of action, 18
423	422		the board shall authorize the inmate’s transfer to the post -release 19
424	423		supervision under this subchapter in accordance with administrative rules and 20
425	424		policies governing the transfer and subject to the conditions attached to t he 21
426	425		transfer. 22
427	426		(C) If an inmate fails to fulfill the course of action 23
428	427		outlined by the board to facilitate transfer to post -release supervision 24
429	428		under subdivision (b)(2)(A) of this section, it is the responsibility of the 25
430	429		inmate to petition the board for a rehearing; or 26
431	430		(3) Deny transfer of the inmate to post -release supervision for 27
432	431		a period of up to two (2) years. 28
433	432		(d) A transfer of an inmate to post -release supervision under 29
434	433		this section shall be issued upon the adoption of an order by the board in 30
435	434		accordance with the rules and policies adopted by the board under this 31
436	435		section. 32
437	436		33
438	437		16-93-1809. Open meetings. 34
439	438		(a) The Post-Prison Transfer Board shall conduct open meetings and 35
440	439		shall make public its findings for each inmate eligible for transfer to post -36 As Engrossed: S3/30/23 H4/5/23 SB495
441	440
442	441		12 04-05-2023 16:03:12 JLC013
443	442
444	443
445	444		release supervision. 1
446	445		(b)(1) Open meetings under this section may be conducted through 2
447	446		videoconference technology if the inmate is housed in a county jail and if 3
448	447		the videoconference technology is available. 4
449	448		(2) Open meetings utilizing videoconference te chnology under 5
450	449		this section shall be conducted in public, except that inmate interviews and 6
451	450		related deliberations may be closed to the public. 7
452	451		8
453	452		16-93-1810. Notices required for hearings on transfer to post -release 9
454	453		supervision. 10
455	454		(a)(1) Before the Post -Prison Transfer Board grants a transfer of an 11
456	455		inmate to post-release supervision, the board shall solicit the written 12
457	456		recommendations of the committing court, the prosecuting attorney, and the 13
458	457		county sheriff of the county from which the inmate was committed . 14
459	458		(2) Notification of the committing court, the prosecuting 15
460	459		attorney, county sheriff, and the victim or the victim’s next of kin for a 16
461	460		inmate under sentence for an offense governed by this section shall follow 17
462	461		the procedures stated in this section. 18
463	462		(b)(1) If the inmate whose transfer to post -release supervision is 19
464	463		being considered by the board is under sentence for a felony other than a 20
465	464		felony in the target group as defined in § 16 -93-1202, the board shall also 21
466	465		notify the victim of the offense or th e victim’s next of kin of the transfer 22
467	466		hearing and shall solicit written recommendations from the victim or his or 23
468	467		her next of kin regarding the granting of the transfer unless the prosecuting 24
469	468		attorney has notified the board at the time of commitment of th e inmate that 25
470	469		the victim or his or her next of kin does not desire to be notified of future 26
471	470		transfer hearings. 27
472	471		(2) The written recommendations received under subdivision 28
473	472		(b)(1) of this section are not binding upon the board in the granting of any 29
474	473		transfer to post-release supervision but are maintained in the inmate’s 30
475	474		record. 31
476	475		(3) When soliciting written recommendations from a victim of an 32
477	476		offense, the board shall notify the victim or his or her next of kin of the 33
478	477		date, time, and place of the transfer h earing. 34
479	478		(c)(1) The board shall not schedule transfer hearings at which victims 35
480	479		or the next of kin of victims of offenses are invited to appear at a facility 36 As Engrossed: S3/30/23 H4/5/23 SB495
481	480
482	481		13 04-05-2023 16:03:12 JLC013
483	482
484	483
485	484		where inmates are housed other than the Department of Corrections 1
486	485		Headquarters building in North Little Rock. 2
487	486		(2) The board may conduct transfer hearings in two (2) sessions: 3
488	487		(A) One (1) session at the place of the inmate’s 4
489	488		incarceration with the inmate, the inmate’s witnesses, and correctional 5
490	489		facility personnel; and 6
491	490		(B) One (1) session for victims and the next of kin of 7
492	491		victims as stated in this section. 8
493	492		(d)(1) At the time that any inmate eligible for transfer to post -9
494	493		release supervision under this section is transferred by the board, the 10
495	494		Division of Community Correction shall give wri tten notice of the granting of 11
496	495		the transfer to post -release supervision to the: 12
497	496		(A) County sheriff; 13
498	497		(B) Prosecuting attorney of the judicial district; 14
499	498		(C) Committing court; and 15
500	499		(D) Chief of police of each city of the first class of the 16
501	500		county from which the inmate was sentenced. 17
502	501		(2) If the inmate is transferred to a county other than the 18
503	502		county from which he or she was committed, the board shall give notice to the 19
504	503		chief of police or marshal of the city or town to which the inmate is 20
505	504		transferred and to the county sheriff and prosecuting attorney of the county 21
506	505		from which the inmate was committed. 22
507	506		(e)(1) The prosecuting attorney of the county from which the inmate 23
508	507		was committed shall notify the board at the time of commitment of the desire 24
509	508		of the victim or his or her next of kin to be notified of any future transfer 25
510	509		hearings and to forward to the board the last known address and telephone 26
511	510		number of the victim or his or her next of kin. 27
512	511		(2) It is the responsibility of the victim or his or her next of 28
513	512		kin to notify the board of any change in address or phone number. 29
514	513		(3) It is the responsibility of the victim or his or her next of 30
515	514		kin to notify the board after the date of commitment of any change in regard 31
516	515		to the desire to be notified of a ny future transfer hearings. 32
517	516		33
518	517		16-93-1811. Post-release supervision. 34
519	518		(a)(1) The Post-Prison Transfer Board shall establish a set of 35
520	519		conditions that are applicable to all inmates transferred to post -release 36 As Engrossed: S3/30/23 H4/5/23 SB495
521	520
522	521		14 04-05-2023 16:03:12 JLC013
523	522
524	523
525	524		supervision. 1
526	525		(2) The set of conditions estab lished by the Post-Prison 2
527	526		Transfer Board under subdivision (a)(1) of this section is subject to 3
528	527		periodic review, revision, and approval as the Post -Prison Transfer Board 4
529	528		deems necessary. 5
530	529		(b)(1)(A) A course of action required by the Post -Prison Transfer 6
531	530		Board shall not be outside the current resources of the Division of 7
532	531		Correction. 8
533	532		(B) The conditions for post -release supervision set by the 9
534	533		Post-Prison Transfer Board shall not be outside the current resources of the 10
535	534		Division of Community Correction. 11
536	535		(2) The Division of Correction and Division of Community 12
537	536		Correction shall strive to accommodate the actions required by the Board of 13
538	537		Corrections or the Post -Prison Transfer Board to the best of their abilities. 14
539	538		(c) Transfer to post -release supervision is not an award of clemency, 15
540	539		and it shall not be considered as a reduction of sentence or a pardon. 16
541	540		(d) An inmate on post -release supervision shall remain: 17
542	541		(1) In the legal custody of the Division of Correction; 18
543	542		(2) Under the supervision of the Divi sion of Community 19
544	543		Correction; and 20
545	544		(3) Subject to the orders of the Post -Prison Transfer Board. 21
546	545		(e) Decisions on release to post -release supervision, courses of 22
547	546		action before transfer to post -release supervision, and post -release 23
548	547		supervision transfer c onditions to be set by the Post -Prison Transfer Board 24
549	548		shall be: 25
550	549		(1) Informed by the risk and needs assessment tool under § 16 -26
551	550		93-1807; 27
552	551		(2) Reasonable and rational; and 28
553	552		(3) Defensible based on preestablished criteria. 29
554	553		30
555	554		16-93-1812. Rules. 31
556	555		The Post-Prison Transfer Board shall adopt rules to implement this 32
557	556		subchapter. 33
558	557		34
559	558		Subchapter 19 — Post-Release Supervision for Persons Committing Offenses on 35
560	559		or after January 1, 2025 36 As Engrossed: S3/30/23 H4/5/23 SB495
561	560
562	561		15 04-05-2023 16:03:12 JLC013
563	562
564	563
565	564		1
566	565		16-93-1901. Applicability. 2
567	566		This subchapter applies to a felony offense comm itted on or after 3
568	567		January 1, 2025. 4
569	568		5
570	569		16-93-1902. Definitions. 6
571	570		As used in this subchapter: 7
572	571		(1) "Community supervision officer" means an employee of the 8
573	572		Division of Community Correction who is tasked with the supervision of 9
574	573		offenders released to post -release supervision or persons who otherwise fall 10
575	574		under the supervisory authority of the Division of Community Correction; 11
576	575		(2) "Eligible inmate" means an inmate eligible for post -release 12
577	576		supervision; 13
578	577		(3) "Felony ineligible for earned release credits" means the 14
579	578		same as defined in § 16 -93-1802; 15
580	579		(4) "Offender" means a person transferred to post -release 16
581	580		supervision; 17
582	581		(5) "Post-release supervision" means a period of community 18
583	582		supervision for an offender after his or her release from incarceration; and 19
584	583		(6) "Restricted release felony" means the same as defined in § 20
585	584		16-93-1802. 21
586	585		22
587	586		16-93-1903. Post-release supervision — Authority and parameters. 23
588	587		(a)(1) The Post-Prison Transfer Board may transfer to post -release 24
589	588		supervision an eligible inmate who is con fined in a correctional institution 25
590	589		administered by the Division of Correction or the Division of Community 26
591	590		Correction, if the board determines: 27
592	591		(A) There is a reasonable probability that the eligible 28
593	592		inmate can be transferred without detriment to the community or himself or 29
594	593		herself; 30
595	594		(B) The eligible inmate is able and willing to fulfill the 31
596	595		obligations of a law -abiding citizen; and 32
597	596		(C) That post-release supervision is in the best interest 33
598	597		of society. 34
599	598		(2) A transfer to post -release supervision under this section 35
600	599		shall issue upon the adoption of an order of the board. 36 As Engrossed: S3/30/23 H4/5/23 SB495
601	600
602	601		16 04-05-2023 16:03:12 JLC013
603	602
604	603
605	604		(b)(1) Before ordering the transfer to post -release supervision of an 1
606	605		eligible inmate under this section, the board, a hearing judge, or an 2
607	606		investigator employed by the boar d shall interview the eligible inmate, 3
608	607		unless a hearing is not required under §§ 16 -93-1807 and 16-93-1808. 4
609	608		(2) The board shall consider the results of the risk and needs 5
610	609		assessments of all applicants for transfer to post -release supervision. 6
611	610		(3) Transfer to post-release supervision shall not be considered 7
612	611		a reduction of a sentence or a pardon. 8
613	612		(4) An inmate on post -release supervision shall remain: 9
614	613		(A) In the legal custody of the Division of Correction; 10
615	614		(B) Under the supervision of the Division of Community 11
616	615		Correction; and 12
617	616		(C) Subject to the orders of the board. 13
618	617		14
619	618		16-93-1904. Post-release supervision — Required recommendations. 15
620	619		(a) Before the Post -Prison Transfer Board may grant a transfer to 16
621	620		post-release supervision based on acc rual and application of earned release 17
622	621		credits, the board shall: 18
623	622		(1) Notify and solicit the written recommendations of the 19
624	623		committing court, the prosecuting attorney, and the county sheriff of the 20
625	624		county from which the inmate was committed as provided i n §16-93-1810; and 21
626	625		(2) Notify the victim or the next of kin as provided in § 16-93-22
627	626		1810. 23
628	627		(b) An inmate who is ineligible to accrue earned release credits may 24
629	628		be transferred to post -release supervision only if: 25
630	629		(1) Sentenced by the sentencing court to a period of post-26
631	630		release supervision to follow the inmate's term of imprisonment; and 27
632	631		(2) The inmate has served the entire sentence of imprisonment 28
633	632		before transfer to post -release supervision. 29
634	633		30
635	634		16-93-1905. Length of post -release supervision. 31
636	635		(a)(1) For a person under sentence for a term of imprisonment for 32
637	636		which he or she is eligible for transfer to post -release supervision upon 33
638	637		accrual and award of earned release credits, the inmate is subject to post -34
639	638		release supervision for the remainder of the term of imprisonment assessed by 35
640	639		the sentencing court. 36 As Engrossed: S3/30/23 H4/5/23 SB495
641	640
642	641		17 04-05-2023 16:03:12 JLC013
643	642
644	643
645	644		(2) For a person under sentence for a term of imprisonment for 1
646	645		which he or she is not eligible to accrue or be awarded earned release 2
647	646		credits, the inmate is subject to a term of post -release supervision as 3
648	647		assessed by the sentencing judge under § 5-4-104(c). 4
649	648		(3) The term of supervised release, when aggregated with the 5
650	649		term of imprisonment imposed by the sentencing court, shall not exceed the 6
651	650		statutory maximum for the offense. 7
652	651		(b) If the sentenci ng court sentenced a person to a term of suspended 8
653	652		imposition of sentence to follow his or her term of imprisonment at the 9
654	653		Division of Correction, the period of post -release supervision runs 10
655	654		concurrently with the term of suspended imposition of sentence. 11
656	655		12
657	656		16-93-1906. Post-release supervision — Generally. 13
658	657		(a)(1) The Director of the Division of Community Correction with the 14
659	658		advice of the Board of Corrections shall establish written policies and 15
660	659		procedures governing the supervision of offenders released to a term of post-16
661	660		release supervision by the Post -Prison Transfer Board. 17
662	661		(2) The policies and procedures established under subdivision 18
663	662		(a)(1) of this section shall be designed to enhance public safety and to 19
664	663		assist the offenders in reintegrating into socie ty. 20
665	664		(3)(A) Supervision of offenders on post -release supervision 21
666	665		shall be based on evidence -based practices. 22
667	666		(B) Decisions concerning supervision of offenders shall 23
668	667		target the offender’s criminal risk factors with appropriate supervision and 24
669	668		treatment. 25
670	669		(4) The Division of Community Correction shall assume 26
671	670		supervisory responsibilities over an offender when the offender is lawfully 27
672	671		set at liberty from the Division of Correction. 28
673	672		(b)(1) An offender assigned to a term of post -release supervision 29
674	673		shall be supervised by a community supervision officer employed by the 30
675	674		Division of Community Correction. 31
676	675		(2) A community supervision officer shall: 32
677	676		(A) Investigate all cases referred to him or her by the 33
678	677		Post-Prison Transfer Board, the Division of Community Correction, or the 34
679	678		prosecuting attorney; 35
680	679		(B) Furnish each offender on post -release supervision a 36 As Engrossed: S3/30/23 H4/5/23 SB495
681	680
682	681		18 04-05-2023 16:03:12 JLC013
683	682
684	683
685	684		written statement of the conditions of post -release supervision and instruct 1
686	685		the offender that he or she is required to stay in compliance with t he 2
687	686		conditions of post-release supervision or risk revocation under § 16 -93-1908; 3
688	687		(C) Develop a case plan for each offender who is 4
689	688		determined to be a moderate -risk or high risk to reoffend that: 5
690	689		(i) Is based on the risk and needs assessment under 6
691	690		§ 16-93-1807 and targets the criminal risk factors identified in the risk and 7
692	691		needs assessment; 8
693	692		(ii) Is responsive to the individual characteristics 9
694	693		of the offender; and 10
695	694		(iii) Provides a strategy for the supervision of the 11
696	695		offender according to that case plan; 12
697	696		(D) Stay informed of the conduct and condition of each 13
698	697		offender assigned to the community supervision officer through: 14
699	698		(i) Visitation; 15
700	699		(ii) Required reporting; or 16
701	700		(iii) Other methods and reporting to the sentencing 17
702	701		court of the information described in subdivisions (b)(2)(D)(i) and (ii) of 18
703	702		this section upon request; 19
704	703		(E) Use practicable and suitable methods that are 20
705	704		consistent with evidence -based practices to aid and encourage an offender on 21
706	705		post-release supervision to improve his or her conduct and condition and to 22
707	706		reduce the risk of recidivism; 23
708	707		(F)(i) Conduct a validated risk and needs assessment of 24
709	708		the offender on post -release supervision, including without limitation 25
710	709		criminal risk factors and specific individual needs. 26
711	710		(ii) The validated risk and needs assessment shall 27
712	711		include an initial screening and, if necessary, a comprehensive assessment. 28
713	712		(iii) The results of the validated risk and needs 29
714	713		assessment under § 16 -93-1807 shall assist in making decisions that are 30
715	714		consistent with evidence -based practices on the type of supervision and 31
716	715		services necessary for each offender; and 32
717	716		(G) Receive annual training on evidence -based practices 33
718	717		and criminal risk factors as well as instruction on how to target crimin al 34
719	718		risk factors to reduce recidivism. 35
720	719		(c)(1) The Division of Community Correction shall allocate resources, 36 As Engrossed: S3/30/23 H4/5/23 SB495
721	720
722	721		19 04-05-2023 16:03:12 JLC013
723	722
724	723
725	724		including assignment of community supervision officers, to focus on moderate -1
726	725		risk and high-risk offenders as determined by the validated risk and needs 2
727	726		assessment provided under this section. 3
728	727		(2) The Division of Community Correction shall require public 4
729	728		and private treatment and service providers to use evidence -based programs 5
730	729		and practices if the public and private treatment and service provider s 6
731	730		receive state funds for the treatment of or service of offenders on post -7
732	731		release supervision. 8
733	732		9
734	733		16-93-1907. Post-release supervision — Administrative sanctions. 10
735	734		(a)(1)(A) The Division of Community Correction may sanction offenders 11
736	735		on post-release supervision administratively without utilizing the revocation 12
737	736		process under § 16-93-1908. 13
738	737		(B) An administrative sanction as described in subdivision 14
739	738		(a)(1)(A) of this section is an intermediate sanction and is not a revocation 15
740	739		of post-release supervision. 16
741	740		(2)(A) The Division of Community Correction shall develop an 17
742	741		intermediate sanctions procedure and an intermediate sanctions grid to guide 18
743	742		a community supervision officer in determining the appropriate response to a 19
744	743		violation of the conditions of supervi sion. 20
745	744		(B) Intermediate sanctions administered by the Division of 21
746	745		Community Correction shall conform to the intermediate sanctions grid. 22
747	746		(C) The intermediate sanctions grid shall include: 23
748	747		(i) An assignment of point values to commonly 24
749	748		occurring violations of terms of post -release supervision or criminal 25
750	749		behavior; 26
751	750		(ii) An assignment of point values to behaviors that 27
752	751		decrease the likelihood of recidivism including without limitation: 28
753	752		(a) Education; 29
754	753		(b) Workforce development; 30
755	754		(c) Community service; and 31
756	755		(d) Behavioral health programming; 32
757	756		(iii) Details on the mechanisms by which points are 33
758	757		accumulated and reduced; and 34
759	758		(iv) Guidance on which intermediate sanctions should 35
760	759		be applied at which points thresholds. 36 As Engrossed: S3/30/23 H4/5/23 SB495
761	760
762	761		20 04-05-2023 16:03:12 JLC013
763	762
764	763
765	764		(3) Intermediate sanctions shall include without limitation: 1
766	765		(A) Community service; 2
767	766		(B) Increased substance abuse screening and treatment; 3
768	767		(C) Increased monitoring, including electronic monitoring 4
769	768		and home confinement; and 5
770	769		(D)(i) Incarceration in a county or regional jail for no 6
771	770		more than seven (7) days or incarceration in a Division of Correction 7
772	771		facility or a Division of Community Correction facility for no more than 8
773	772		ninety (90) days. 9
774	773		(ii)(a) Incarceration as an intermediate sanction 10
775	774		shall not be used more than six (6) times with an offender on post -release 11
776	775		supervision. 12
777	776		(b) If an offender on post -release supervision 13
778	777		accumulates no more than thirty (30) days’ incarceration in a county or 14
779	778		regional jail or more than thr ee hundred sixty (360) days’ incarceration in a 15
780	779		Division of Correction facility or a Division of Community Correction 16
781	780		facility as an intermediate sanction, the community supervision officer shall 17
782	781		recommend a revocation of the offender’s post -release supervision under § 16-18
783	782		93-1908. 19
784	783		(c) An offender shall not be incarcerated more 20
785	784		than two (2) times as a result of an intermediate sanction in a Division of 21
786	785		Correction facility during any two (2) year period. 22
787	786		(4) The Division of Community Correction shall : 23
788	787		(A) Notify the Post -Prison Transfer Board in writing when 24
789	788		an offender has been incarcerated due to an intermediate sanction under this 25
790	789		subsection; 26
791	790		(B) Include an explanation of the cause for incarceration; 27
792	791		and 28
793	792		(C) Include the result of the in termediate sanction, if 29
794	793		applicable. 30
795	794		(b) Any time in custody for which the offender on post -release 31
796	795		supervision is held, before a period of incarceration under this section is 32
797	796		administered, does not count as a period of incarceration ordered toward the 33
798	797		total accumulation of days of incarceration as stated in subsection (a) of 34
799	798		this section. 35
800	799		(c) A period of incarceration under this section: 36 As Engrossed: S3/30/23 H4/5/23 SB495
801	800
802	801		21 04-05-2023 16:03:12 JLC013
803	802
804	803
805	804		(1) May be reduced by the Division of Correction for good 1
806	805		behavior and successful program completion; and 2
807	806		(2) Shall not be reduced under this section for more than fifty 3
808	807		percent (50%) of the total time of incarceration ordered to be served. 4
809	808		(d)(1) An offender subject to an intermediate sanction under 5
810	809		subsection (a) of this section does not have the right to an a ttorney at the 6
811	810		intermediate sanction hearing. 7
812	811		(2) This subsection does not prohibit an offender from 8
813	812		conferring with a privately retained attorney during the intermediate 9
814	813		sanction process. 10
815	814		11
816	815		16-93-1908. Revocation of post -release supervision. 12
817	816		(a)(1)(A) At any time during an offender’s post -release supervision, 13
818	817		the Post-Prison Transfer Board may issue a warrant for the arrest of the 14
819	818		offender for violation of any of the conditions of post -release supervision 15
820	819		or may issue a notice to appear to answer a c harge of a violation. 16
821	820		(B)(i) The board shall issue a warrant for the arrest of 17
822	821		an offender on post-release supervision if the board determines that the 18
823	822		offender has been charged with a felony ineligible to receive earned release 19
824	823		credits or a restricted release felony, as defined in § 16 -93-1802. 20
825	824		(ii) An offender arrested on a warrant issued under 21
826	825		subdivision (a)(1)(B)(i) of this section shall be detained pending a 22
827	826		mandatory post-release supervision hearing. 23
828	827		(C) The Division of Community Correct ion shall provide the 24
829	828		information necessary for the board to issue a warrant under this subdivision 25
830	829		(a)(1). 26
831	830		(2) A warrant or notice issued under subdivision (a)(1) of this 27
832	831		section shall be served personally upon the offender. 28
833	832		(3) A warrant issued und er subdivision (a)(1) of this section 29
834	833		shall authorize all officers named in the warrant to place the offender in 30
835	834		custody at any suitable detention facility pending a hearing. 31
836	835		(4) A community supervision officer may arrest an offender on 32
837	836		post-release supervision without a warrant by giving him or her a written 33
838	837		statement stating that the offender, in the judgment of the community 34
839	838		supervision officer, violated the conditions of his or her post -release 35
840	839		supervision. 36 As Engrossed: S3/30/23 H4/5/23 SB495
841	840
842	841		22 04-05-2023 16:03:12 JLC013
843	842
844	843
845	844		(5) A written statement under subdivisio n (a)(4) of this section 1
846	845		delivered by the arresting community supervision officer with the offender to 2
847	846		the official in charge of the detention facility to which the offender is 3
848	847		brought is sufficient for detaining the offender pending disposition. 4
849	848		(6) If the board or its designee finds, by a preponderance of 5
850	849		the evidence, that the offender has inexcusably failed to comply with a 6
851	850		condition of his or her post -release supervision, the post -release 7
852	851		supervision may be revoked at any time before the expiration of the period of 8
853	852		post-release supervision. 9
854	853		(7) An offender serving on post -release supervision for whose 10
855	854		return a warrant has been issued by the board under this subsection shall be 11
856	855		deemed a fugitive from justice if it is found that the warrant cannot b e 12
857	856		served. 13
858	857		(b)(1) An offender transferred to or serving on post -release 14
859	858		supervision shall be entitled to a preliminary hearing to determine whether 15
860	859		there is reasonable cause to believe that the offender has violated a 16
861	860		condition of his or her post -release supervision. 17
862	861		(2) A preliminary hearing conducted under subdivision (b)(1) of 18
863	862		this section shall be scheduled within seven (7) days after arrest or within 19
864	863		seven (7) days after notice is served and shall be conducted within fourteen 20
865	864		(14) days after arrest or service of notice to appear, excluding a weekend, 21
866	865		holiday, or delay caused by an act of nature, by the revocation hearing judge 22
867	866		for the board and at a location reasonably near the place of the alleged 23
868	867		violation or the arrest. 24
869	868		(3) The offender shall be given notice of the date, time, and 25
870	869		location of the preliminary hearing and the conditions of post -release 26
871	870		supervision that the offender is alleged to have violated. 27
872	871		(4) Except as provided in subsection (d) of this section, the 28
873	872		offender has the right to hear and controvert evidence against him or her, to 29
874	873		offer evidence on his or her own behalf, and to be represented by counsel at 30
875	874		the preliminary hearing. 31
876	875		(5) If a revocation hearing judge finds after the preliminary 32
877	876		hearing that there is reasonable cause to believe that an offender has 33
878	877		violated a condition of post -release supervision by committing a felony 34
879	878		ineligible to receive earned release credits or a restricted release felony, 35
880	879		as defined in § 16-93-1802, the revocation hearing judge shall order the 36 As Engrossed: S3/30/23 H4/5/23 SB495
881	880
882	881		23 04-05-2023 16:03:12 JLC013
883	882
884	883
885	884		offender be returned to the nearest facility of the Division of Correction or 1
886	885		the Division of Community Correction where he or she shall be placed in 2
887	886		custody for a revocation hearing before the board. 3
888	887		(6) If a revocation hearing judge finds after th e preliminary 4
889	888		hearing that there is reasonable cause to believe that an offender has 5
890	889		violated a condition of post -release supervision other than the commission of 6
891	890		a felony ineligible to receive earned release credits or a restricted release 7
892	891		felony, as defined in § 16-93-1802, the revocation hearing judge shall: 8
893	892		(A) Order the offender be returned to the nearest facility 9
894	893		of the Division of Correction or the Division of Community Correction where 10
895	894		he or she shall be placed in custody for a revocation hearin g before the 11
896	895		board; or 12
897	896		(B) Return the offender to post -release supervision with 13
898	897		or without additional supervision conditions in response to the violating 14
899	898		conduct. 15
900	899		(7)(A) If a revocation hearing judge does not find after the 16
901	900		preliminary hearing reas onable cause to believe that an offender has violated 17
902	901		a condition of post-release supervision, he or she shall order the offender 18
903	902		be released from custody. 19
904	903		(B) An order to release the offender from custody under 20
905	904		subdivision (b)(7) of this section does not bar the board from holding a 21
906	905		revocation hearing on the alleged violation of a condition of post -release 22
907	906		supervision or from ordering the offender to appear before the board. 23
908	907		(8) A revocation hearing judge shall prepare and furnish to the 24
909	908		board and the offender a summary of the preliminary hearing proceedings, 25
910	909		including without limitation the substance of the evidence and testimony 26
911	910		considered along with his or her finding and order, within twenty -one (21) 27
912	911		days from the date of the preliminary hearing, excluding a weekend, holiday, 28
913	912		or delay caused by an act of nature. 29
914	913		(c)(1)(A) Unless a revocation hearing is knowingly and intelligently 30
915	914		waived by the offender, transfer to post -release supervision shall not be 31
916	915		revoked except after a revocation hearing, which shall be conducted by the 32
917	916		board or its designee within a reasonable period after the offender’s arrest 33
918	917		or service of notice to appear. 34
919	918		(B) If a waiver is granted under subdivision (c)(1)(A) of 35
920	919		this section, the offender may subsequently appeal th e waiver to the board. 36 As Engrossed: S3/30/23 H4/5/23 SB495
921	920
922	921		24 04-05-2023 16:03:12 JLC013
923	922
924	923
925	924		(2) An offender shall be given notice of the date, time, and 1
926	925		location of the revocation hearing, the purpose of the revocation hearing, 2
927	926		and the conditions of supervision he or she is alleged to have violated. 3
928	927		(3) Except as provided in subsection (d) of this section, the 4
929	928		offender has the right to hear and controvert evidence against him or her, to 5
930	929		offer evidence in his or her own defense, and to be represented by counsel at 6
931	930		the revocation hearing. 7
932	931		(4) If post-release supervision is revoked after a revocation 8
933	932		hearing, the board or its designee shall prepare and furnish to the offender 9
934	933		a statement of evidence relied on and the reasons for revoking the post -10
935	934		release supervision. 11
936	935		(d) At a preliminary hearing under subsection (b) o f this section or a 12
937	936		revocation hearing under subsection (c) of this section: 13
938	937		(1) The offender has the right to confront and cross -examine 14
939	938		adverse witnesses unless the revocation hearing judge, the board, or the 15
940	939		designee of the board specifically finds g ood cause for not allowing 16
941	940		confrontation and cross -examination; and 17
942	941		(2) The offender may introduce any relevant evidence of the 18
943	942		alleged violation, including without limitation letters, affidavits, and 19
944	943		other documentary evidence, regardless of the admiss ibility of the evidence 20
945	944		under the rules governing the admission of evidence. 21
946	945		(e)(1) A preliminary hearing under subsection (b) of this section is 22
947	946		not required if the offender knowingly and intelligently waives the 23
948	947		preliminary hearing. 24
949	948		(2) If the preliminary hearing is not waived by the offender 25
950	949		under subsection (c) of this section, the revocation hearing shall be held 26
951	950		within fourteen (14) days after the arrest and reasonably near the place 27
952	951		where the alleged violation occurred or where the offender was arrested. 28
953	952		(f) A preliminary hearing under subsection (b) of this section and a 29
954	953		revocation hearing under subsection (c) of this section is not required if 30
955	954		the revocation is based on the offender’s conviction of a felony offense for 31
956	955		which he or she is sent enced to the Division of Correction or to any other 32
957	956		state or federal correctional institution. 33
958	957		(g) An offender may be held in a county or regional jail while 34
959	958		awaiting a revocation hearing and the ruling of the board or its designee 35
960	959		under this section. 36 As Engrossed: S3/30/23 H4/5/23 SB495
961	960
962	961		25 04-05-2023 16:03:12 JLC013
963	962
964	963
965	964		(h) An offender whose post -release supervision is revoked under this 1
966	965		section due to a technical conditions violation or serious conditions 2
967	966		violation and who is sentenced to any period of incarceration resulting from 3
968	967		the revocation is subject to the periods of incarceration provided in § 16 -4
969	968		93-1907. 5
970	969		(i) Upon revocation under this section, an offender subject to a term 6
971	970		of post-release supervision for a felony ineligible to receive earned release 7
972	971		credits or a restricted release felony shall return to incarce ration for the 8
973	972		entire remaining period of imprisonment or post -release supervision assessed 9
974	973		by the sentencing court. 10
975	974		11
976	975		16-93-1909. Subpoena of witnesses and documents for revocation of 12
977	976		post-release supervision. 13
978	977		(a)(1) The following persons have the p ower to issue oaths, subpoena 14
979	978		witnesses to appear, and subpoena the production of any relevant books, 15
980	979		papers, records, or documents under this subchapter: 16
981	980		(A) The Chair of the Post -Prison Transfer Board or his or 17
982	981		her designee; 18
983	982		(B) The administrator of the Post -Prison Transfer Board; 19
984	983		(C) Any member of the Post -Prison Transfer Board; and 20
985	984		(D) The revocation hearing judge presiding over any 21
986	985		preliminary hearing concerning an alleged violation of the conditions of 22
987	986		post-release supervision. 23
988	987		(2)(A) A subpoena issued under this section shall be: 24
989	988		(i) Directed to the county sheriff, county coroner, 25
990	989		or constable of any county where the designated witness resides or is found; 26
991	990		and 27
992	991		(ii) Served and returned in the same manner as 28
993	992		subpoenas in civil actions in the circuit courts. 29
994	993		(B) An endorsed affidavit on a subpoena of a person 30
995	994		eighteen (18) years of age or older is proof of service of the subpoena. 31
996	995		(b) The fees and mileage expenses prescribed by law for witnesses in 32
997	996		civil cases shall be paid by the Division of Correction for any witness 33
998	997		subpoenaed to appear under this section. 34
999	998		(c)(1) If a person fails or refuses to comply with a subpoena issued 35
1000	999		under this section to testify or answer to any matter regarding which the 36 As Engrossed: S3/30/23 H4/5/23 SB495
1001	1000
1002	1001		26 04-05-2023 16:03:12 JLC013
1003	1002
1004	1003
1005	1004		person may be lawfully interrogated, a circuit court in this state, on 1
1006	1005		application of hearing officer or the chair, shall issue an attachment for 2
1007	1006		the person and compel him or her to comply with the subpoena and appear 3
1008	1007		before the revocation hearing judge or the b oard and produce any testimony or 4
1009	1008		documents as may be required. 5
1010	1009		(2)(A) The circuit court shall have the same power to punish any 6
1011	1010		contempt, in case of disobedience, as in civil cases. 7
1012	1011		(B) It is a criminal violation for a witness to refuse or 8
1013	1012		neglect to appear and testify, punishable upon conviction by a fine of not 9
1014	1013		less than fifty dollars ($50.00) nor more than five hundred dollars ($500). 10
1015	1014		(d) A person knowingly testifying falsely under oath before the board 11
1016	1015		or at a preliminary hearing in which pro bable cause for revocation of 12
1017	1016		transfer to post-release supervision is to be considered as to any matter 13
1018	1017		material to lawful inquiry by the board or revocation hearing judge may be 14
1019	1018		charged with perjury. 15
1020	1019		16
1021	1020		16-93-1910. Prohibition on sex offenders residing wi th minors. 17
1022	1021		(a)(1) Except as specified in subdivision (a)(2) of this section, the 18
1023	1022		Post-Prison Transfer Board shall prohibit, as a condition of granting 19
1024	1023		transfer to post-release supervision, an offender from residing in a 20
1025	1024		residence with a minor, if the off ender was convicted of one (1) or more of 21
1026	1025		the following offenses perpetrated against a minor: 22
1027	1026		(A) A sexual offense as defined in § 5 -14-101 et seq.; 23
1028	1027		(B) Incest, § 5-26-202; or 24
1029	1028		(C) An offense under the Arkansas Protection of Children 25
1030	1029		Against Exploitation Act of 1979, § 5 -27-301 et seq. 26
1031	1030		(2) The board may permit an offender to reside in a residence 27
1032	1031		with a minor if the board finds that the offender no longer poses a danger to 28
1033	1032		any minor residing in the residence. 29
1034	1033		(b) If the board, upon a hearing under § 16-93-1908, finds by a 30
1035	1034		preponderance of the evidence that the offender has failed to comply with a 31
1036	1035		condition of post-release supervision, the post -release supervision may be 32
1037	1036		revoked and the offender returned to the custody of the Division of 33
1038	1037		Correction. 34
1039	1038		35
1040	1039		16-93-1911. Rules. 36 As Engrossed: S3/30/23 H4/5/23 SB495
1041	1040
1042	1041		27 04-05-2023 16:03:12 JLC013
1043	1042
1044	1043
1045	1044		The Post-Prison Transfer Board shall adopt rules to implement this 1
1046	1045		subchapter. 2
1047	1046		3
1048	1047		SECTION 3. Arkansas Code Title 5, Chapter 2, Subchapter 3 is amended 4
1049	1048		to add a new section to read as follows: 5
1050	1049		5-2-332. Secured restoration pro gram authorized. 6
1051	1050		(a) The purpose of this section is to provide an additional setting 7
1052	1051		for the provision of restorative treatment services in the least restrictive 8
1053	1052		environment. 9
1054	1053		(b) The Division of Aging, Adult, and Behavioral Health Services of 10
1055	1054		the Department of Human Services may establish and maintain a program to 11
1056	1055		provide restoration services in a secure setting for defendants who: 12
1057	1056		(1) Have been found to lack fitness to proceed; and 13
1058	1057		(2) Are not in an acute phase of illness requiring the services 14
1059	1058		of a psychiatric hospital. 15
1060	1059		(c)(1) A secure setting established under this section shall: 16
1061	1060		(A) Provide a twenty -four-hour program of care by 17
1062	1061		qualified clinicians and professional staff; and 18
1063	1062		(B) Admit each defendant for a term not to exceed one 19
1064	1063		hundred twenty (120) days, unless the division extends the term for good 20
1065	1064		cause. 21
1066	1065		(2) The division has the exclusive authority to determine 22
1067	1066		whether and when a defendant is admitted to the program based on the 23
1068	1067		defendant’s acuity, medical need, and other facto rs determined by the 24
1069	1068		division. 25
1070	1069		(3) The division may procure one (1) or more qualified vendors 26
1071	1070		to operate the program in part or in whole. 27
1072	1071		28
1073	1072		SECTION 4. Arkansas Code § 5 -4-101(5), concerning definitions 29
1074	1073		applicable in Title 5, Chapter 4, is amended to read as follows: 30
1075	1074		(5) “Recidivism” means a criminal act that results in the 31
1076	1075		rearrest, reconviction, or return to incarceration of a person with or 32
1077	1076		without a new sentence or a revocation from parole or post -release 33
1078	1077		supervision during a three-year period following the person's release from 34
1079	1078		custody; 35
1080	1079		36 As Engrossed: S3/30/23 H4/5/23 SB495
1081	1080
1082	1081		28 04-05-2023 16:03:12 JLC013
1083	1082
1084	1083
1085	1084		SECTION 5. Arkansas Code § 5 -4-104(c)-(e), concerning authorized 1
1086	1085		sentences generally, are amended to read as follows: 2
1087	1086		(c)(1)(A) Except as provided under subdivision (c)(2) of thi s section, 3
1088	1087		a defendant convicted of a Class Y felony , or murder in the second degree, § 4
1089	1088		5-10-103, or a felony ineligible to receive earned release credits as defined 5
1090	1089		in § 16-93-1802, shall be sentenced to a term of imprisonment in accordance 6
1091	1090		with §§ 5-4-401 — 5-4-404. 7
1092	1091		(B) In addition to imposing a term of imprisonment, the 8
1093	1092		trial court may sentence a defendant convicted of a Class Y felony or murder 9
1094	1093		in the second degree, § 5 -10-103, or a felony ineligible to receive earned 10
1095	1094		release credits as defined in § 16-93-1802, to any one (1) or more of the 11
1096	1095		following: 12
1097	1096		(i) Pay a fine as authorized by §§ 5 -4-201 and 5-4-13
1098	1097		202; 14
1099	1098		(ii) Make restitution as authorized by § 5 -4-205; or 15
1100	1099		(iii) Suspend imposition of an additional term of 16
1101	1100		imprisonment, as authorized by subdivision (e)(3) of this section. 17
1102	1101		(C)(i) In addition to the term of imprisonment imposed by 18
1103	1102		the trial court, the trial court shall impose a period of post -release 19
1104	1103		supervision for any defendant sentenced to a felony ineligible to receive 20
1105	1104		earned release credits or a restricted release felony, as defined in § 16 -93-21
1106	1105		1802, who is not sentenced to the statutory maximum for the offense. 22
1107	1106		(ii) The Post-Prison Transfer Board shall set the 23
1108	1107		terms and conditions of post -release supervision for a defendant subject to 24
1109	1108		subdivision (c)(1)(C)(i) of this section before the defendant’s release from 25
1110	1109		imprisonment. 26
1111	1110		(iii) The maximum terms of post -release supervision 27
1112	1111		that may be imposed under subdivision (c)(1)(C)(i) of this section are: 28
1113	1112		(a) For a Class Y felony, seven (7) years; 29
1114	1113		(b) For a Class A felony, a Class B felony, or 30
1115	1114		an unclassified felony with a maximum term of imprisonment exceeding ten (10) 31
1116	1115		years, five (5) years; and 32
1117	1116		(c) For all other felonies, three (3) years. 33
1118	1117		(iv) A term of post-release supervision, when 34
1119	1118		aggregated with the term of imprisonment imposed by the trial court, shall 35
1120	1119		not exceed the statutory maximum for the offense. 36 As Engrossed: S3/30/23 H4/5/23 SB495
1121	1120
1122	1121		29 04-05-2023 16:03:12 JLC013
1123	1122
1124	1123
1125	1124		(v) When a defendant is subject to an additional 1
1126	1125		term of post-release supervision on a sentence for which he or she is 2
1127	1126		required to serve one hundred percent (100%) of the term of imprisonment 3
1128	1127		imposed by the sentencing court, the jury shall be instructed as to the 4
1129	1128		potential additional term of post -release supervision. 5
1130	1129		(2) A defendant who was eighte en (18) years of age or older at 6
1131	1130		the time of the offense and who was convicted of one (1) or more of the 7
1132	1131		following Class Y felonies in which the victim was less than fourteen (14) 8
1133	1132		years of age at the time of the offense shall be sentenced to life without 9
1134	1133		the possibility of parole: 10
1135	1134		(A) Rape involving forcible compulsion, § 5 -14-103(a)(1); 11
1136	1135		(B) Trafficking of persons, § 5 -18-103; 12
1137	1136		(C) Engaging children in sexually explicit conduct for use 13
1138	1137		in visual or print medium, § 5 -27-303; 14
1139	1138		(D) Transportation of minors for prohibited sexual 15
1140	1139		conduct, § 5-27-305; 16
1141	1140		(E) Producing, directing, or promoting a sexual 17
1142	1141		performance by a child, § 5 -27-403; and 18
1143	1142		(F) Computer exploitation of a child in the first degree, 19
1144	1143		§ 5-27-605. 20
1145	1144		(d) A defendant convicted of an offense other than a Class Y felony, 21
1146	1145		capital murder, § 5-10-101, treason, § 5-51-201, or murder in the second 22
1147	1146		degree, § 5-10-103, or a felony ineligible to receive earned release credits 23
1148	1147		as defined in § 16-93-1802, may be sentenced to any one (1) or more of the 24
1149	1148		following, except as precluded by subsection (e) of this section: 25
1150	1149		(1) Imprisonment as authorized by §§ 5 -4-401 — 5-4-404; 26
1151	1150		(2) Probation as authorized by §§ 5 -4-301 — 5-4-307 and 16-93-27
1152	1151		306 — 16-93-314; 28
1153	1152		(3) Payment of a fine as authorized by §§ 5 -4-201 and 5-4-202; 29
1154	1153		(4) Restitution as authorized by a provision of § 5 -4-205; or 30
1155	1154		(5) Imprisonment and payment of a fine. 31
1156	1155		(e)(1)(A) The court shall not suspend imposition of sentence as to a 32
1157	1156		term of imprisonment nor place the defendant on probation for the following 33
1158	1157		offenses: 34
1159	1158		(i) Capital murder, § 5 -10-101; 35
1160	1159		(ii) Treason, § 5-51-201; 36 As Engrossed: S3/30/23 H4/5/23 SB495
1161	1160
1162	1161		30 04-05-2023 16:03:12 JLC013
1163	1162
1164	1163
1165	1164		(iii) A Class Y felony, except to the extent 1
1166	1165		suspension of an additional term of imprisonment is permitted in subsecti on 2
1167	1166		(c) of this section; 3
1168	1167		(iv) Driving or boating while intoxicated, § 5 -65-4
1169	1168		103; 5
1170	1169		(v) Murder in the second degree, § 5 -10-103, except 6
1171	1170		to the extent suspension of an additional term of imprisonment is permitted 7
1172	1171		in subsection (c) of this section; or 8
1173	1172		(vi) Engaging in a continuing criminal enterprise, § 9
1174	1173		5-64-405; 10
1175	1174		(vii) Furnishing a prohibited article, possessing a 11
1176	1175		prohibited article, using a prohibited article, or delivering a prohibited 12
1177	1176		article, § 5-54-119; or 13
1178	1177		(viii) A felony ineligible t o receive earned release 14
1179	1178		credits as defined in § 16 -93-1802. 15
1180	1179		(B)(i) In any other case, the court may suspend imposition 16
1181	1180		of sentence or place the defendant on probation, in accordance with §§ 5 -4-17
1182	1181		301 — 5-4-307 and 16-93-306 — 16-93-314, except as otherwise specifically 18
1183	1182		prohibited by statute. 19
1184	1183		(ii) The court may not suspend execution of sentence. 20
1185	1184		(2) If the offense is punishable by fine and imprisonment, the 21
1186	1185		court may sentence the defendant to pay a fine and suspend imposition of the 22
1187	1186		sentence as to imprisonment or place the defendant on probation. 23
1188	1187		(3)(A) The court may sentence the defendant to a term of 24
1189	1188		imprisonment and suspend imposition of sentence as to an additional term of 25
1190	1189		imprisonment. 26
1191	1190		(B) However, the court shall not sentence a de fendant to 27
1192	1191		imprisonment and place him or her on probation, except as authorized by § 5 -28
1193	1192		4-304. 29
1194	1193		(C) This subdivision (e)(3) does not prohibit a period of 30
1195	1194		post-release supervision as authorized in § 16 -93-1801 et seq. and § 16 -93-31
1196	1195		1901 et seq. 32
1197	1196		33
1198	1197		SECTION 6. Arkansas Code § 5 -4-107(a)(1), concerning extended 34
1199	1198		supervision and monitoring for certain sex offenders, is amended to read as 35
1200	1199		follows: 36 As Engrossed: S3/30/23 H4/5/23 SB495
1201	1200
1202	1201		31 04-05-2023 16:03:12 JLC013
1203	1202
1204	1203
1205	1204		(a)(1) The Division of Correction within one hundred twenty (120) days 1
1206	1205		before the release on parole or post-release supervision of a person who is 2
1207	1206		required to register as a sex offender under the Sex Offender Registration 3
1208	1207		Act of 1997, § 12-12-901 et seq., shall notify in writing the prosecuting 4
1209	1208		attorney in the judicial district in which the person was sentenced of the 5
1210	1209		person's impending release on parole or post-release supervision. 6
1211	1210		7
1212	1211		SECTION 7. Arkansas Code § 5 -4-202, is amended to read as follows: 8
1213	1212		5-4-202. Alternative sentence prohibited — Time of payment. 9
1214	1213		(a) If the defendant is sentenced to pay a fine or costs, the court 10
1215	1214		shall not at the same time impose an alternative sentence or imprisonment to 11
1216	1215		be served if the fine or costs are not paid. 12
1217	1216		(b)(1) If a defendant is sentenced to pay a fine or costs, the court 13
1218	1217		may grant permission for payment to be made: 14
1219	1218		(A) Within a specified period of time; or 15
1220	1219		(B) In specified installments. 16
1221	1220		(2) If Except as provided in subsection (c) of this section, if 17
1222	1221		permission under subdivision (b)(1) of this section is not granted in the 18
1223	1222		sentence, the fine or costs are payable i mmediately. 19
1224	1223		(c)(1) If a defendant is sentenced to a term of imprisonment, fines 20
1225	1224		and costs shall be suspended for the period of confinement and the one 21
1226	1225		hundred twenty (120) days following the defendant’s release from custody. 22
1227	1226		(2) If a defendant is sent enced to a term of imprisonment, 23
1228	1227		restitution shall be suspended for the period of confinement and is payable 24
1229	1228		immediately following the defendant's release from custody. 25
1230	1229		26
1231	1230		SECTION 8. Arkansas Code § 5 -4-205(f)(1), concerning restitution to be 27
1232	1231		included as a condition of release, is amended to read as follows: 28
1233	1232		(f)(1) If the defendant is placed on probation or any form of 29
1234	1233		conditional release, any restitution ordered under this section is a 30
1235	1234		condition of the suspended imposition of sentence, probation, parole, post-31
1236	1235		release supervision, or transfer. 32
1237	1236		33
1238	1237		SECTION 9. Arkansas Code § 5-4-206(a), concerning the collection of 34
1239	1238		unpaid restitution and the interception of state income tax returns, is 35
1240	1239		amended to read as follows: 36 As Engrossed: S3/30/23 H4/5/23 SB495
1241	1240
1242	1241		32 04-05-2023 16:03:12 JLC013
1243	1242
1244	1243
1245	1244		(a) As used in this section, “restitution order” means a judgment and 1
1246	1245		commitment sentencing order, judgment and disposition order, or other order 2
1247	1246		that imposes a duty on a defendant to pay restitution. 3
1248	1247		4
1249	1248		SECTION 10. Arkansas Code § 5 -4-301(a)(1), concerning crimes for which 5
1250	1249		suspension or probation is prohibited, is amended to read as follows: 6
1251	1250		(a)(1) A court shall not suspend imposition of sentence as to a term 7
1252	1251		of imprisonment or place a defendant on probation for the following offenses: 8
1253	1252		(A) Capital murder, § 5 -10-101; 9
1254	1253		(B) Treason, § 5-51-201; 10
1255	1254		(C) A Class Y felony, except to the extent susp ension of 11
1256	1255		an additional term of imprisonment is permitted in § 5 -4-104(c); 12
1257	1256		(D) Driving or boating while intoxicated, § 5 -65-103; 13
1258	1257		(E) Murder in the second degree, § 5 -10-103, except to the 14
1259	1258		extent suspension of an additional term of imprisonment is p ermitted in § 5-15
1260	1259		4-104(c); or 16
1261	1260		(F) Engaging in a continuing criminal enterprise, § 5 -64-17
1262	1261		405; 18
1263	1262		(G) Furnishing a prohibited article, possessing a 19
1264	1263		prohibited article, using a prohibited article, or delivering a prohibited 20
1265	1264		article, § 5-54-119; or 21
1266	1265		(H) A felony ineligible to receive earned release credits 22
1267	1266		as defined in § 16-93-1802. 23
1268	1267		24
1269	1268		SECTION 11. Arkansas Code § 5 -4-301, concerning crimes for which 25
1270	1269		suspension or probation is prohibited, is amended to add a new subsection to 26
1271	1270		read as follows: 27
1272	1271		(e)(1) Notwithstanding any provision prohibiting a sentence of 28
1273	1272		probation or suspended imposition of sentence for certain felonies, a court 29
1274	1273		may sentence a defendant to a term of imprisonment and suspend imposition of 30
1275	1274		sentence as to an additional term of imprisonme nt. 31
1276	1275		(2) However, a court shall not sentence a defendant to a term of 32
1277	1276		imprisonment and place him or her on probation, except as authorized in this 33
1278	1277		section. 34
1279	1278		(3) This section does not prohibit a period of post -release 35
1280	1279		supervision as authorized in § 16 -93-1801 et seq. and § 16 -93-1901 et seq. 36 As Engrossed: S3/30/23 H4/5/23 SB495
1281	1280
1282	1281		33 04-05-2023 16:03:12 JLC013
1283	1282
1284	1283
1285	1284		1
1286	1285		SECTION 12. Arkansas Code § 5 -4-312(b)(3)(D), concerning a decision to 2
1287	1286		transfer a defendant from the Division of Correction to the Division of 3
1288	1287		Community Correction, is amended to read as follows: 4
1289	1288		(D) A decision to release a defendant administratively 5
1290	1289		transferred to the Division of Community Correction from the Division of 6
1291	1290		Correction under subdivision (b)(3)(A) of this section is vested solely with 7
1292	1291		the Parole Post-Prison Transfer Board. 8
1293	1292		9
1294	1293		SECTION 13. Arkansas C ode § 5-4-402(d)(1)(A), concerning transferring 10
1295	1294		a juvenile from the Division of Youth Services to the Division of Correction, 11
1296	1295		is amended to read as follows: 12
1297	1296		(d)(1)(A) A juvenile sentenced in circuit court who is less than 13
1298	1297		sixteen (16) years of age when s entenced shall be committed to the custody of 14
1299	1298		the Division of Youth Services until his or her sixteenth birthday, at which 15
1300	1299		time he or she shall be transferred to the Division of Correction, except as 16
1301	1300		provided by court order or parole decision made by the Parole Post-Prison 17
1302	1301		Transfer Board. 18
1303	1302		19
1304	1303		SECTION 14. Arkansas Code § 5 -4-403(a), concerning multiple sentences 20
1305	1304		and concurrent and consecutive terms, is amended to read as follows: 21
1306	1305		(a) When Except as provided in subsections (c) and (e) of this 22
1307	1306		section, when multiple sentences of imprisonment are imposed on a defendant 23
1308	1307		convicted of more than one (1) offense, including an offense for which a 24
1309	1308		previous suspension or probation has been revoked, the sentences shall run 25
1310	1309		concurrently unless, upon recommendation of t he jury or the court's own 26
1311	1310		motion, the court orders the sentences to run consecutively. 27
1312	1311		28
1313	1312		SECTION 15. Arkansas Code § 5 -4-403, concerning multiple sentences and 29
1314	1313		concurrent and consecutive terms, is amended to add an additional subsection 30
1315	1314		to read as follows: 31
1316	1315		(e)(1) If a defendant is sentenced to an additional term of 32
1317	1316		imprisonment due to a sentence enhancement and the statute governing the 33
1318	1317		sentence enhancement provides that the sentence enhancement shall run 34
1319	1318		consecutively, the sentence enhancement shall ru n consecutively to the 35
1320	1319		sentence imposed for the underlying offense. 36 As Engrossed: S3/30/23 H4/5/23 SB495
1321	1320
1322	1321		34 04-05-2023 16:03:12 JLC013
1323	1322
1324	1323
1325	1324		(2) If a defendant is convicted of a felony for an offense 1
1326	1325		committed while serving a term of imprisonment at a facility operated or 2
1327	1326		contracted by the Division of Correction or the Divis ion of Community 3
1328	1327		Correction, the sentence for the offense committed while serving the term of 4
1329	1328		imprisonment shall run consecutively to the sentence for which the defendant 5
1330	1329		was serving the term of imprisonment. 6
1331	1330		(3) If a defendant is convicted of a felony for an offense 7
1332	1331		committed while on post -release supervision, the sentence for the offense 8
1333	1332		committed while on post -release supervision shall run consecutively to the 9
1334	1333		sentence for which the defendant was subject to post -release supervision. 10
1335	1334		11
1336	1335		SECTION 16. Arkansas Code § 5-4-501(c)(1) and (2), concerning habitual 12
1337	1336		offenders, are amended to read as follows: 13
1338	1337		(c)(1) Except as provided in subdivision (c)(3) of this section, a 14
1339	1338		defendant who is convicted of a serious felony involving violence enumerated 15
1340	1339		in subdivision (c)(2) of this section and who previously has been convicted 16
1341	1340		of one (1) or more of the serious felonies involving violence enumerated in 17
1342	1341		subdivision (c)(2) of this section may be sentenced to pay any fine 18
1343	1342		authorized by law for the serious felony involv ing violence conviction and 19
1344	1343		shall be sentenced: 20
1345	1344		(A) To to imprisonment for a term of not less than forty 21
1346	1345		(40) years nor more than eighty (80) years, or life ; and 22
1347	1346		(B) Without eligibility for parole or community correction 23
1348	1347		transfer except under § 16 -93-615. 24
1349	1348		(2) As used in this subsection, “serious felony involving 25
1350	1349		violence” means: 26
1351	1350		(A) Any of the following felonies: 27
1352	1351		(i) Murder in the first degree, § 5 -10-102; 28
1353	1352		(ii) Murder in the second degree, § 5 -10-103; 29
1354	1353		(iii) Kidnapping, § 5 -11-102, involving an activity 30
1355	1354		making it a Class Y felony; 31
1356	1355		(iv) Aggravated robbery, § 5 -12-103; 32
1357	1356		(v) Terroristic act, § 5 -13-310, involving an 33
1358	1357		activity making it a Class Y felony; 34
1359	1358		(vi) Rape, § 5-14-103; 35
1360	1359		(vii) Sexual assault in the first degree, § 5-14-36 As Engrossed: S3/30/23 H4/5/23 SB495
1361	1360
1362	1361		35 04-05-2023 16:03:12 JLC013
1363	1362
1364	1363
1365	1364		124; 1
1366	1365		(viii) Causing a catastrophe, § 5 -38-202(a); 2
1367	1366		(ix) Aggravated residential burglary, § 5 -39-204; or 3
1368	1367		(x) Aggravated assault upon a law enforcement 4
1369	1368		officer or an employee of a correctional facility, § 5 -13-211, if a Class Y 5
1370	1369		felony; or 6
1371	1370		(xi) Capital murder, § 5 -10-101; or 7
1372	1371		(xii) Unlawful discharge of a firearm from a 8
1373	1372		vehicle, § 5-74-107; or 9
1374	1373		(B) A conviction of a comparable serious felony involving 10
1375	1374		violence from another jurisdiction. 11
1376	1375		12
1377	1376		SECTION 17. Arkansas Code § 5-4-501(d)(1) and (2), concerning habitual 13
1378	1377		offenders, are amended to read as follows: 14
1379	1378		(d)(1) A defendant who is convicted of a felony involving violence 15
1380	1379		enumerated in subdivision (d)(2) of this section and who previously has been 16
1381	1380		convicted of two (2) or more of the felonies involving violence enumerated in 17
1382	1381		subdivision (d)(2) of this section may be sentenced to pay any fine 18
1383	1382		authorized by law for the felony involving violence conviction and shall be 19
1384	1383		sentenced to an extended term of imprisonment without eligibility for parole 20
1385	1384		or community correction transfer except under § 16 -93-615 as follows: 21
1386	1385		(A) For a conviction of a Class Y felony, a term of 22
1387	1386		imprisonment of not less than life in prison; 23
1388	1387		(B) For a conviction of a Class A felony, a term of 24
1389	1388		imprisonment of not less than forty (40) years nor more than life in prison; 25
1390	1389		(C) For a conviction of a Class B felony or for a 26
1391	1390		conviction of an unclassified felony punishable by life imprisonment, a term 27
1392	1391		of imprisonment of not less than thirty (30) years nor mo re than sixty (60) 28
1393	1392		years; 29
1394	1393		(D) For a conviction of a Class C felony, a term of 30
1395	1394		imprisonment of not less than twenty -five (25) years nor more than forty (40) 31
1396	1395		years; 32
1397	1396		(E) For a conviction of a Class D felony, a term of 33
1398	1397		imprisonment of not less than twe nty (20) years nor more than forty (40) 34
1399	1398		years; and 35
1400	1399		(F) For a conviction of an unclassified felony punishable 36 As Engrossed: S3/30/23 H4/5/23 SB495
1401	1400
1402	1401		36 04-05-2023 16:03:12 JLC013
1403	1402
1404	1403
1405	1404		by less than life imprisonment, a term of imprisonment not more than three 1
1406	1405		(3) times the maximum sentence for the unclassified felony offense. 2
1407	1406		(2) As used in this subsection, “felony involving violence” 3
1408	1407		means: 4
1409	1408		(A) Any of the following felonies: 5
1410	1409		(i) Murder in the first degree, § 5 -10-102; 6
1411	1410		(ii) Murder in the second degree, § 5 -10-103; 7
1412	1411		(iii) Kidnapping, § 5 -11-102; 8
1413	1412		(iv) Aggravated robbery, § 5 -12-103; 9
1414	1413		(v) Rape, § 5-14-103; 10
1415	1414		(vi) Battery in the first degree, § 5 -13-201; 11
1416	1415		(vii) Terroristic act, § 5 -13-310; 12
1417	1416		(viii) Sexual assault in the first degree, § 5 -14-13
1418	1417		124; 14
1419	1418		(ix) Sexual assault in the second degree, § 5-14-15
1420	1419		125; 16
1421	1420		(x) Domestic battering in the first degree, § 5 -26-17
1422	1421		303; 18
1423	1422		(xi) Residential burglary, § 5 -39-201(a); 19
1424	1423		(xii) (xi) Aggravated residential burglary, § 5 -39-20
1425	1424		204; 21
1426	1425		(xiii) (xii) Unlawful discharge of a firearm from a 22
1427	1426		vehicle, § 5-74-107; 23
1428	1427		(xiv) (xiii) Criminal use of prohibited weapons, § 24
1429	1428		5-73-104, involving an activity making it a Class B felony; 25
1430	1429		(xv) (xiv) A felony attempt, solicitation, or 26
1431	1430		conspiracy to commit: 27
1432	1431		(a) Capital murder, § 5 -10-101; 28
1433	1432		(b) Murder in the firs t degree, § 5-10-102; 29
1434	1433		(c) Murder in the second degree, § 5 -10-103; 30
1435	1434		(d) Kidnapping, § 5 -11-102; 31
1436	1435		(e) Aggravated robbery, § 5 -12-103; 32
1437	1436		(f) Aggravated assault upon a law enforcement 33
1438	1437		officer or an employee of a correctional facility, § 5 -13-211, if a Class Y 34
1439	1438		felony; 35
1440	1439		(g) Rape, § 5-14-103; 36 As Engrossed: S3/30/23 H4/5/23 SB495
1441	1440
1442	1441		37 04-05-2023 16:03:12 JLC013
1443	1442
1444	1443
1445	1444		(h) Battery in the first degree, § 5 -13-201; 1
1446	1445		(i) Domestic battering in the first degree, § 2
1447	1446		5-26-303; or 3
1448	1447		(j) Residential burglary, § 5 -39-201(a); or 4
1449	1448		(k) (j) Aggravated residential burglary, § 5-5
1450	1449		39-204; or 6
1451	1450		(xvi) (xv) Aggravated assault upon a law enforcement 7
1452	1451		officer or an employee of a correctional facility, § 5 -13-211, if a Class Y 8
1453	1452		felony; or 9
1454	1453		(xvi) Capital murder, § 5 -10-101; or 10
1455	1454		(B) A conviction of a comparable felony involving violence 11
1456	1455		from another jurisdiction. 12
1457	1456		13
1458	1457		SECTION 18. DO NOT CODIFY. Residential burglary. 14
1459	1458		(a)(1) Residential burglary is removed from the definition of "felony 15
1460	1459		involving violence" under § 5 -4-501(d)(2) effective January 1, 2024. 16
1461	1460		(2) Because residential burglary is not a felony involving 17
1462	1461		violence as of January 1, 2024, residential burglary is not considered a 18
1463	1462		prior felony involving violence under § 5 -4-501 for offenses committed on or 19
1464	1463		after January 1, 2024. 20
1465	1464		(b) Aggravated residential b urglary remains a felony involving 21
1466	1465		violence under § 5-4-501. 22
1467	1466		23
1468	1467		SECTION 19. Arkansas Code § 5 -4-702(a), concerning enhanced penalties 24
1469	1468		for certain offenses committed in the presence of a child, is amended to read 25
1470	1469		as follows: 26
1471	1470		(a) A person who commits any of the following offenses may be subject 27
1472	1471		to an enhanced sentence of an additional term of imprisonment of not less 28
1473	1472		than one (1) year and not greater than ten (10) years if the offense is 29
1474	1473		committed in the presence of a child: 30
1475	1474		(1) Capital murder, § 5 -10-101; 31
1476	1475		(2) Murder in the first degree, § 5 -10-102; 32
1477	1476		(3) Murder in the second degree, § 5 -10-103; 33
1478	1477		(4) Aggravated robbery, § 5 -12-103; 34
1479	1478		(5) A felony offense of assault or battery under § 5 -13-201 et 35
1480	1479		seq.; 36 As Engrossed: S3/30/23 H4/5/23 SB495
1481	1480
1482	1481		38 04-05-2023 16:03:12 JLC013
1483	1482
1484	1483
1485	1484		(6) Rape, § 5-14-103; 1
1486	1485		(7) Sexual assault in the second degree, § 5 -14-125; or 2
1487	1486		(8) A felony offense of domestic battering or assault on a 3
1488	1487		family or household member under §§ 5 -26-303 — 5-26-309; 4
1489	1488		(9) Unlawful discharge of a firearm from a vehicle, § 5 -74-107; 5
1490	1489		or 6
1491	1490		(10) Terroristic act, § 5 -13-310. 7
1492	1491		8
1493	1492		SECTION 20. Arkansas Code § 5 -4-702(e), concerning enhanced penalties 9
1494	1493		for offenses committed in the presence of a child, is amended to read as 10
1495	1494		follows: 11
1496	1495		(e) Any person convicted under this section is not eligible for early 12
1497	1496		release on parole, transfer to post-release supervision, or community 13
1498	1497		correction transfer for the enhanced portion of the sentence. 14
1499	1498		15
1500	1499		SECTION 21. Arkansas Code § 5 -4-707(f), concerning an additional term 16
1501	1500		of imprisonment for an offense constituting violence against a church or 17
1502	1501		other place of worship, is amended to read as follows: 18
1503	1502		(f) A person receiving an additional term of imprisonment under this 19
1504	1503		section is not eligible for early release on parole , transfer to post-release 20
1505	1504		supervision, or community correction transfer for the additional term of 21
1506	1505		imprisonment. 22
1507	1506		23
1508	1507		SECTION 22. Arkansas Code § 5 -4-803(c)(3), concerning community 24
1509	1508		service work as a sentencing alternative, is amended to read as follows: 25
1510	1509		(3) If an eligible offender withdraws consent to participate in 26
1511	1510		a community work project, the eligible offender is entitled to all good time , 27
1512	1511		and parole, and post-release supervision eligibility considerations as 28
1513	1512		provided by law. 29
1514	1513		30
1515	1514		SECTION 23. Arkansas Code § 5 -4-803(d)(5), concerning community 31
1516	1515		service work as a sentencing alte rnative, is amended to read as follows: 32
1517	1516		(5) If an eligible offender's conduct is found to be 33
1518	1517		unsatisfactory, the eligible offender is entitled to all good time , and 34
1519	1518		parole, and post-release supervision eligibility considerations as provided 35
1520	1519		by law. 36 As Engrossed: S3/30/23 H4/5/23 SB495
1521	1520
1522	1521		39 04-05-2023 16:03:12 JLC013
1523	1522
1524	1523
1525	1524		1
1526	1525		SECTION 24. Arkansas Code § 5 -5-204(a)(1)(B), concerning the use or 2
1527	1526		sale of conveyances and the disposition of sale proceeds, is amended to read 3
1528	1527		as follows: 4
1529	1528		(B) After allowance for reasonable expenses of seizure and 5
1530	1529		maintenance of custody of the conveyance, the proceeds from a sale under 6
1531	1530		subdivision (a)(1)(A) of this section shall be used to satisfy any 7
1532	1531		outstanding restitution under § 5 -4-205 owed to a victim of an offense for 8
1533	1532		which the conveyance was used, if the victim files a petition with the 9
1534	1533		circuit court or makes a request to the circuit court within thirty (30) days 10
1535	1534		of the filing of the judgment and commitment sentencing order of the 11
1536	1535		convicted defendant. 12
1537	1536		13
1538	1537		SECTION 25. Arkansas Code § 5 -10-101(a)(3), concerning the murder of 14
1539	1538		certain persons as an element of capital murder, is amended to read as 15
1540	1539		follows: 16
1541	1540		(3) With the premeditated and deliberated purpose of causing the 17
1542	1541		death of any law enforcement officer, jailer, prison official, firefighter, 18
1543	1542		judge or other court official, probation officer, parole officer community 19
1544	1543		supervision officer, any military perso nnel, or teacher or school employee, 20
1545	1544		when such person is acting in the line of duty, the person causes the death 21
1546	1545		of any person; 22
1547	1546		23
1548	1547		SECTION 26. Arkansas Code § 5 -10-101(c)(1)(B), concerning the 24
1549	1548		punishment for capital murder if the defender was younger than the age of 25
1550	1549		eighteen (18) at the time of the capital murder, is amended to read as 26
1551	1550		follows: 27
1552	1551		(B) If the defendant was younger than eighteen (18) years 28
1553	1552		of age at the time he or she committed the capital murder, life imprisonment 29
1554	1553		with the possibility of p arole or transfer to post-release supervision after 30
1555	1554		serving a minimum of thirty (30) years' imprisonment. 31
1556	1555		32
1557	1556		SECTION 27. Arkansas Code § 5 -10-102(c)(2), concerning the punishment 33
1558	1557		for murder in the first degree if the defender was younger than the age of 34
1559	1558		eighteen (18) at the time of the murder in the first degree, is amended to 35
1560	1559		read as follows: 36 As Engrossed: S3/30/23 H4/5/23 SB495
1561	1560
1562	1561		40 04-05-2023 16:03:12 JLC013
1563	1562
1564	1563
1565	1564		(2) Unless the application of § 16 -93-621 results in a person's 1
1566	1565		being eligible for parole or transfer to post-release supervision at an 2
1567	1566		earlier date, if a person was younger than eighteen (18) years of age at the 3
1568	1567		time he or she committed murder in the first degree and is sentenced to life 4
1569	1568		imprisonment, the person is eligible for parole or post-release supervision 5
1570	1569		after serving a minimum of twenty -five (25) years' imprisonment. 6
1571	1570		7
1572	1571		SECTION 28. Arkansas Code § 5 -10-104(c), concerning manslaughter, is 8
1573	1572		amended to read as follows: 9
1574	1573		(c) Manslaughter is a Class C B felony. 10
1575	1574		11
1576	1575		SECTION 29. Arkansas Code § 5 -10-105(b), concerning negligent 12
1577	1576		homicide, is amended to read as follows: 13
1578	1577		(b)(1) A person commits negligent homicide if he or she negligently 14
1579	1578		causes the death of another person. 15
1580	1579		(2) A person who violates subdivision (b)(1) of this section by 16
1581	1580		means of a deadly weapon upon conviction is guilty of a Class A misdemeanor D 17
1582	1581		felony. 18
1583	1582		(3) If otherwise committed under subdivision (b)(1) of this 19
1584	1583		section, negligent homicide is a Class A misdemeanor. 20
1585	1584		21
1586	1585		SECTION 30. Arkansas Code § 5 -14-110(a)(4)(B), concerning sexual 22
1587	1586		indecency with a child committed by certain persons, is ame nded to read as 23
1588	1587		follows: 24
1589	1588		(B) Employed by or contracted with the Division of 25
1590	1589		Community Correction, a local law enforcement agency, a court, or a local 26
1591	1590		government and the actor is supervising the minor while the minor is on 27
1592	1591		probation, or parole, or post-release supervision or for any other court -28
1593	1592		ordered reason; 29
1594	1593		30
1595	1594		SECTION 31. Arkansas Code § 5 -14-112(b), concerning indecent exposure, 31
1596	1595		is amended to read as follows: 32
1597	1596		(b)(1) Except as provided in subdivisions (b)(2) and (b)(3) of this 33
1598	1597		section, indecent expo sure is a Class A misdemeanor. 34
1599	1598		(2) Indecent exposure is a Class D felony: 35
1600	1599		(A) For a fourth or fifth conviction within ten (10) years 36 As Engrossed: S3/30/23 H4/5/23 SB495
1601	1600
1602	1601		41 04-05-2023 16:03:12 JLC013
1603	1602
1604	1603
1605	1604		of a previous conviction , indecent exposure is a Class D felony. ; or 1
1606	1605		(B) If a person is in the custody of a correctional 2
1607	1606		facility or a detention facility at the time the person exposes his or her 3
1608	1607		sex organs. 4
1609	1608		(3) For a sixth conviction and each successive conviction within 5
1610	1609		ten (10) years of a previous conviction, indecent exposure is a Class C 6
1611	1610		felony. 7
1612	1611		8
1613	1612		SECTION 32. Arkansas Code § 5 -14-113 is amended to read as follows: 9
1614	1613		5-14-113. Sexual extortion. 10
1615	1614		(a) A person commits the offense of sexual extortion if: 11
1616	1615		(1) With the purpose to coerce another person to engage in 12
1617	1616		sexual contact or sexually explicit conduct, the person communicates a threat 13
1618	1617		to: 14
1619	1618		(A) Damage the property or harm the reputation of the 15
1620	1619		other person; or 16
1621	1620		(B) Produce or distribute a recording of the other person 17
1622	1621		engaged in sexually explicit conduct or depicted in a state of nudity; 18
1623	1622		(2) With the purpose to produce or distribute a recording of a 19
1624	1623		person in a state of nudity or engaged in sexually explicit conduct, the 20
1625	1624		person communicates a threat to: 21
1626	1625		(A) Damage the property or harm the reputation of the 22
1627	1626		other person; or 23
1628	1627		(B) Produce or distribute a recording of the other person 24
1629	1628		engaged in sexually explicit conduct or depicted in a state of nudity; or 25
1630	1629		(3) The person knowingly causes another person to engage in 26
1631	1630		sexual contact or sexually explicit conduct or to produce or distrib ute a 27
1632	1631		recording of a person in a state of nudity or engaged in sexually explicit 28
1633	1632		conduct by communicating a threat to: 29
1634	1633		(A) Damage the property or harm the reputation of the 30
1635	1634		other person; or 31
1636	1635		(B) Produce or distribute a recording of the other person 32
1637	1636		engaged in sexually explicit conduct or depicted in a state of nudity ; or 33
1638	1637		(4) The person knowingly demands payment of money or receipt of 34
1639	1638		anything of value by communicating a threat to distribute a recording of a 35
1640	1639		person engaged in sexually explicit cond uct or depicted in a state of nudity . 36 As Engrossed: S3/30/23 H4/5/23 SB495
1641	1640
1642	1641		42 04-05-2023 16:03:12 JLC013
1643	1642
1644	1643
1645	1644		(b) Sexual extortion is a Class B felony. 1
1646	1645		2
1647	1646		SECTION 33. Arkansas Code § 5 -14-124(a)(1)(B), concerning sexual 3
1648	1647		assault in the first degree committed by certain persons, is amended to read 4
1649	1648		as follows: 5
1650	1649		(B) Employed by or contracted with the Division of 6
1651	1650		Community Correction, a local law enforcement agency, a court, or a local 7
1652	1651		government and the actor is supervising the minor while the minor is on 8
1653	1652		probation, or parole, or post-release supervision or for any other court -9
1654	1653		ordered reason; 10
1655	1654		11
1656	1655		SECTION 34. Arkansas Code § 5 -14-125(a)(4)(A)(ii), concerning sexual 12
1657	1656		assault in the second degree committed by certain persons, is amended to read 13
1658	1657		as follows: 14
1659	1658		(ii) Employed by or contracted with the Division o f 15
1660	1659		Community Correction, a local law enforcement agency, a court, or a local 16
1661	1660		government and the actor is supervising the minor while the minor is on 17
1662	1661		probation, or parole, or post-release supervision or for any other court -18
1663	1662		ordered reason; 19
1664	1663		20
1665	1664		SECTION 35. Arkansas Code § 5-14-126(a)(1)(B), concerning sexual 21
1666	1665		assault in the third degree committed by certain persons, is amended to read 22
1667	1666		as follows: 23
1668	1667		(B) Employed by or contracted with the Division of 24
1669	1668		Community Correction, a local law enforcement agency, a court, or a local 25
1670	1669		government and the actor is supervising the person while the person is on 26
1671	1670		probation, or parole, or post-release supervision or for any other court -27
1672	1671		ordered reason; 28
1673	1672		29
1674	1673		SECTION 36. Arkansas Code § 5 -14-137(b)(1), concerning the prohibition 30
1675	1674		against a registered sex offender recording a person younger than fourteen 31
1676	1675		years of age, is amended to read as follows: 32
1677	1676		(1) Record a person under fourteen (14) years of age and post 33
1678	1677		the recording of the person on an online social media platform or other 34
1679	1678		internet website that allows the using or posting of a recording in any form 35
1680	1679		after the person has previously been warned of his or her possible criminal 36 As Engrossed: S3/30/23 H4/5/23 SB495
1681	1680
1682	1681		43 04-05-2023 16:03:12 JLC013
1683	1682
1684	1683
1685	1684		exposure by a judge at the person's sentencing for the offense for which the 1
1686	1685		person is required to register as a sex offender, or by his or her parole or 2
1687	1686		probation community supervision officer that recording a person under 3
1688	1687		fourteen (14) years of age is a violation of his or her terms and conditions 4
1689	1688		of his or her probation , or parole, or post-release supervision; or 5
1690	1689		6
1691	1690		SECTION 37. Arkansas Code § 5 -36-103(b)(3), concerning theft of 7
1692	1691		property that is classified as Class D felony, is amended to add an 8
1693	1692		additional subdivision to read as follows: 9
1694	1693		(J) The value of the property is one thousand dollars 10
1695	1694		($1,000) or less and the person has been previously convicted of a theft 11
1696	1695		offense of any classification within ten (10) years of the current offense. 12
1697	1696		13
1698	1697		SECTION 38. Arkansas Code § 5 -39-204, concerning aggravated 14
1699	1698		residential burglary, is amended to read as follows: 15
1700	1699		(a) A person commits aggravated residential burglary if he or she 16
1701	1700		commits residential burglary as defined in § 5 -39-201 of a residential 17
1702	1701		occupiable structure occupied by any person , and he or she either: 18
1703	1702		(1) Is The residential occupiable structure is o ccupied by 19
1704	1703		another person; or 20
1705	1704		(2) He or she is armed with a deadly weapon or represents by 21
1706	1705		word or conduct that he or she is armed with a deadly weapon ; or. 22
1707	1706		(2) Inflicts or attempts to inflict death or serious injury upon 23
1708	1707		another person. 24
1709	1708		(b) Aggravated residential burglary is a : 25
1710	1709		(1) Class Y felony if: 26
1711	1710		(A) Committed under subdivision (a)(2) of this section; or 27
1712	1711		(B) The person causes or attempts to cause death or 28
1713	1712		serious physical injury to another person; or 29
1714	1713		(2) Class A felony if otherwis e committed. 30
1715	1714		31
1716	1715		SECTION 39. Arkansas Code § 5 -53-101(4)(A), concerning the definitions 32
1717	1716		used concerning offenses related to official proceedings, is amended to read 33
1718	1717		as follows: 34
1719	1718		(4)(A) “Official proceeding” means a proceeding heard before any 35
1720	1719		legislative, judicial, administrative, or other government agency or official 36 As Engrossed: S3/30/23 H4/5/23 SB495
1721	1720
1722	1721		44 04-05-2023 16:03:12 JLC013
1723	1722
1724	1723
1725	1724		authorized to hear evidence under oath, including any referee, hearing 1
1726	1725		examiner, parole revocation hearing judge, commissioner, notary, or other 2
1727	1726		person taking testimony or depositions in any such proceeding. 3
1728	1727		4
1729	1728		SECTION 40. Arkansas Code § 5 -54-119, concerning the furnishing, 5
1730	1729		possessing, using, or delivering of a prohibited article, is amended to add 6
1731	1730		an additional subsection to read as follows: 7
1732	1731		(g) A person convicted of furnishing a prohib ited article, possessing 8
1733	1732		a prohibited article, using a prohibited article, or delivering a prohibited 9
1734	1733		article and who, at the time of the offense, was an employee of, volunteer 10
1735	1734		for, or contractor with a correctional facility shall have his or her 11
1736	1735		sentence enhanced as follows: 12
1737	1736		(1)(A) The term of imprisonment is enhanced by up to ten (10) 13
1738	1737		additional years. 14
1739	1738		(B) The enhanced term of imprisonment under subdivision 15
1740	1739		(g)(1)(A) of this section is consecutive to any other sentence imposed. 16
1741	1740		(C) A person subject to an enhanced term of imprisonment 17
1742	1741		under subdivision (g)(1)(A) of this section is not eligible for parole, post -18
1743	1742		release supervision, or community correction transfer for the enhanced term 19
1744	1743		of imprisonment under subdivision (g)(1)(A) of this section; a nd 20
1745	1744		(2) The fine is enhanced by up to ten thousand dollars 21
1746	1745		($10,000). 22
1747	1746		23
1748	1747		SECTION 41. Arkansas Code § 5 -54-129 is amended to read as follows: 24
1749	1748		5-54-129. Search of persons and vehicles entering institutions. 25
1750	1749		It is lawful for a superintendent, warden, or jailor, or his or her 26
1751	1750		duly authorized agent, to require, as a condition of admission, a reasonable 27
1752	1751		search as permitted by the Arkansas Constitution and the United States 28
1753	1752		Constitution of the person or vehicle of anyone seeking admission to, or to 29
1754	1753		visit in, the Department of Community Correction Corrections, jails, state 30
1755	1754		institutions, or other places where persons are confined. 31
1756	1755		32
1757	1756		SECTION 42. Arkansas Code § 5 -54-206(c), concerning enhanced penalties 33
1758	1757		for the offense of terrorism, is amended to read as follows : 34
1759	1758		(c) Any person sentenced under this section is not eligible for early 35
1760	1759		release on parole, transfer to post-release supervision, or community 36 As Engrossed: S3/30/23 H4/5/23 SB495
1761	1760
1762	1761		45 04-05-2023 16:03:12 JLC013
1763	1762
1764	1763
1765	1764		correction transfer for the enhanced portion of the sentence. 1
1766	1765		2
1767	1766		SECTION 43. Arkansas Code § 5 -55-107(c)(1), concerning restitution and 3
1768	1767		collection under the Medicaid Fraud Act, is amended to read as follows: 4
1769	1768		(c)(1) In addition to the judgment and commitment sentencing order in 5
1770	1769		a criminal case, a court shall enter a separate restitution order against the 6
1771	1770		defendant convicted of Medicaid fraud regarding restitution consistent with 7
1772	1771		this section and § 5 -55-108. 8
1773	1772		9
1774	1773		SECTION 44. Arkansas Code § 5 -64-407(c), concerning the manufacture of 10
1775	1774		methamphetamine in the presence of certain persons, is amended to read as 11
1776	1775		follows: 12
1777	1776		(c) Any person sentenced under this section is not eligible for early 13
1778	1777		release on parole, transfer to post-release supervision, or community 14
1779	1778		correction transfer for the enhanced portion of the sentence. 15
1780	1779		16
1781	1780		SECTION 45. Arkansas Code § 5 -64-411(c), concerning enhanced penalties 17
1782	1781		for controlled substances offenses in close proximity to certain facilities, 18
1783	1782		is amended to read as follows: 19
1784	1783		(c) Any person convicted under this section is not eligible for early 20
1785	1784		release on parole, transfer to post-release supervision, or community 21
1786	1785		correction transfer for the enhanced portion of the sentence. 22
1787	1786		23
1788	1787		SECTION 46. Arkansas Code § 5 -70-104(b), concerning promoting 24
1789	1788		prostitution in the first degree, is amended to read as follows: 25
1790	1789		(b) Promoting prostitution in the first degree is a: 26
1791	1790		(1) Class D felony under subdivision (a)(1) of this section; 27
1792	1791		(2) Class B felony under subdivision (a)(2) of this section . 28
1793	1792		29
1794	1793		SECTION 47. Arkansas Code § 5 -65-115(a)(1), concerning alcohol 30
1795	1794		treatment or education programs for persons whose drivin g privileges are 31
1796	1795		suspended or revoked due to driving under the influence and related offenses, 32
1797	1796		is amended to read as follows: 33
1798	1797		(a)(1)(A) A person whose driving privileges are suspended or 34
1799	1798		revoked for violating § 5 -65-103, § 5-65-303, § 5-65-310, or § 3-3-203 is 35
1800	1799		required to complete an alcohol education program provided by a contractor 36 As Engrossed: S3/30/23 H4/5/23 SB495
1801	1800
1802	1801		46 04-05-2023 16:03:12 JLC013
1803	1802
1804	1803
1805	1804		with the Division of Aging, Adult, and Behavioral Health Services of the 1
1806	1805		Department of Human Services or an alcoholism treatment program licensed by 2
1807	1806		the division. 3
1808	1807		(B) The Department of Human Services shall coordinate with the 4
1809	1808		Department of Corrections to license Department of Corrections employees or 5
1810	1809		contractors to provide the alcohol education or alcohol treatment program 6
1811	1810		required under subdivision (a)(1)(A) of this secti on to inmates. 7
1812	1811		8
1813	1812		SECTION 48. Arkansas Code § 5 -73-103(c)(1), concerning possession of 9
1814	1813		firearms by certain persons, is amended to read as follows: 10
1815	1814		(c)(1) A person who violates this section commits a Class B felony if: 11
1816	1815		(A) The person has a prior viole nt felony conviction; 12
1817	1816		(B) The person's current possession of a firearm involves 13
1818	1817		the commission of another crime; or 14
1819	1818		(C) The person has a prior felony conviction for an 15
1820	1819		offense that had as an element of the offense the use or possession of a 16
1821	1820		deadly weapon; or 17
1822	1821		(C)(D) The person has been previously convicted under this 18
1823	1822		section or a similar provision from another jurisdiction. 19
1824	1823		20
1825	1824		SECTION 49. Arkansas Code § 5 -73-323, concerning licenses to carry a 21
1826	1825		concealed handgun held by certain persons, is amen ded to read as follows: 22
1827	1826		A member of the Parole Post-Prison Transfer Board, a board 23
1828	1827		investigator, or a parole revocation hearing judge who has been issued a 24
1829	1828		license to carry a concealed handgun by the Department Division of Arkansas 25
1830	1829		State Police under this subchapter may carry his or her concealed handgun 26
1831	1830		into a building in which or a location on which a law enforcement officer may 27
1832	1831		carry a handgun if the board member, board investigator, or parole revocation 28
1833	1832		hearing judge is on official business of the board. 29
1834	1833		30
1835	1834		SECTION 50. Arkansas Code § 9 -27-507(b)(2)(B), concerning penalties 31
1836	1835		for violating a disposition order in an extended juvenile jurisdiction case, 32
1837	1836		is amended to read as follows 33
1838	1837		(B) Statutory provisions prohibiting or limiting probation 34
1839	1838		or suspended imposition of sentence , or parole, or transfer to post -release 35
1840	1839		transfer for offenses when committed by an adult shall not apply to juveniles 36 As Engrossed: S3/30/23 H4/5/23 SB495
1841	1840
1842	1841		47 04-05-2023 16:03:12 JLC013
1843	1842
1844	1843
1845	1844		sentenced as extended juvenile jurisdiction offenders. 1
1846	1845		2
1847	1846		SECTION 51. Arkansas Code § 9-27-507(e)(4)(B), concerning options for 3
1848	1847		disposition at certain points in an extended juvenile jurisdiction case, is 4
1849	1848		amended to read as follows: 5
1850	1849		(B) Statutory provisions prohibiting or limiting probation 6
1851	1850		or suspended imposition of se ntence, or parole, or post-release transfer for 7
1852	1851		offenses when committed by an adult shall not apply to juveniles sentenced as 8
1853	1852		extended juvenile jurisdiction offenders. 9
1854	1853		10
1855	1854		SECTION 52. Arkansas Code § 9 -27-510(a)(2), concerning placement of a 11
1856	1855		juvenile with the Division of Correction, is amended to read as follows: 12
1857	1856		(2) If a juvenile receives a sentence to the Division of 13
1858	1857		Correction before the juvenile's sixteenth birthday, the juvenile shall be 14
1859	1858		housed by the Division of Youth Services until that date, excep t as provided 15
1860	1859		by a court order or parole or post-release supervision decision made by the 16
1861	1860		Parole Post-Prison Transfer Board. 17
1862	1861		18
1863	1862		SECTION 53. Arkansas Code § 9 -27-510(c)(1)(A) and (B), concerning 19
1864	1863		placement of a juvenile with the Division of Correction, are a mended to read 20
1865	1864		as follows: 21
1866	1865		(c)(1)(A) Juveniles sentenced to the Division of Correction pursuant 22
1867	1866		to extended juvenile jurisdiction are subject to parole and post-release 23
1868	1867		supervision as is any other inmate within the Division of Correction. 24
1869	1868		(B) Juveniles adjudicated for capital murder, § 5 -10-101, 25
1870	1869		or murder in the first degree, § 5 -10-102, are subject to parole or post-26
1871	1870		release supervision. 27
1872	1871		28
1873	1872		SECTION 54. Arkansas Code § 9 -28-409(f)(1), concerning criminal 29
1874	1873		background and child maltreatment checks for emp loyees of child welfare 30
1875	1874		agencies, is amended to read as follows: 31
1876	1875		(f)(1) A person who is required to have a criminal records check under 32
1877	1876		subdivision (b)(1) or subdivision (c)(1) of this section who has pleaded 33
1878	1877		guilty or nolo contendere to or been found gu ilty of any of the offenses 34
1879	1878		listed in subdivision (e)(3) of this section shall be absolutely disqualified 35
1880	1879		from being an owner, operator, volunteer, foster parent, adoptive parent, 36 As Engrossed: S3/30/23 H4/5/23 SB495
1881	1880
1882	1881		48 04-05-2023 16:03:12 JLC013
1883	1882
1884	1883
1885	1884		member of a child welfare agency's board of directors, or employee in a chil d 1
1886	1885		welfare agency during the period of the person's confinement, probation, or 2
1887	1886		parole, or post-release supervision unless the conviction is vacated or 3
1888	1887		reversed. 4
1889	1888		5
1890	1889		SECTION 55. Arkansas Code § 9 -28-409(f)(3)(A), concerning criminal 6
1891	1890		background and child maltr eatment checks for employees of child welfare 7
1892	1891		agencies, is amended to read as follows: 8
1893	1892		(3)(A) Except as provided under subdivision (f)(1) of this 9
1894	1893		section, a person who is required to have a criminal records check under 10
1895	1894		subdivision (b)(1) or subdivision (c)(1) of this section who has pleaded 11
1896	1895		guilty or nolo contendere to or been found guilty of any of the offenses 12
1897	1896		listed in subdivision (e)(3) of this section shall be presumed to be 13
1898	1897		disqualified to be an owner, operator, volunteer, foster parent, adoptive 14
1899	1898		parent, member of a child welfare agency's board of directors, or employee in 15
1900	1899		a child welfare agency after the completion of his or her term of 16
1901	1900		confinement, probation, or parole, or post-release supervision unless the 17
1902	1901		conviction is vacated or reversed. 18
1903	1902		19
1904	1903		SECTION 56. Arkansas Code § 11 -10-513(a)(3), concerning 20
1905	1904		disqualification for unemployment benefits due to voluntarily leaving work, 21
1906	1905		is amended to read as follows: 22
1907	1906		(3) Any person who leaves his or her last work to comply with 23
1908	1907		the order of a correctional institution or to satisfy the terms of his or her 24
1909	1908		parole, post-release supervision, or probation shall be deemed to have left 25
1910	1909		work “voluntarily and without good cause connected with the work”. 26
1911	1910		27
1912	1911		SECTION 57. Arkansas Code § 12 -1-102 is amended to read as follows: 28
1913	1912		12-1-102. Records to be posted on a public website. 29
1914	1913		(a) Relevant research studies and reports concerning the following 30
1915	1914		topics that are generated by the research divisions of the Division of 31
1916	1915		Correction, the Division of Community Correction, and the Parole Post-Prison 32
1917	1916		Transfer Board or by third-party contractors on behalf of the Division of 33
1918	1917		Correction, the Division of Community Correction, and the board, when 34
1919	1918		applicable, shall be posted on the Division of Correction’s, the Division of 35
1920	1919		Community Correction’s, or the board's website: 36 As Engrossed: S3/30/23 H4/5/23 SB495
1921	1920
1922	1921		49 04-05-2023 16:03:12 JLC013
1923	1922
1924	1923
1925	1924		(1) Population projections; 1
1926	1925		(2) Recidivism; and 2
1927	1926		(3) Evaluation of the cost -benefit of evidence-based practices 3
1928	1927		of: 4
1929	1928		(A) Adult prisons; 5
1930	1929		(B) Community corrections facilities; 6
1931	1930		(C) Probation; and 7
1932	1931		(D) Parole; and 8
1933	1932		(E) Post-release supervision. 9
1934	1933		(b) Data posted on the board's, the Division of Correction’s, or the 10
1935	1934		Division of Community Correction’s websites under this section may be removed 11
1936	1935		from the board's, the Division of Correction’s, or the Divis ion of Community 12
1937	1936		Correction’s websites after five (5) years. 13
1938	1937		14
1939	1938		SECTION 58. Arkansas Code Title 12, Chapter 1, Subchapter 1, is 15
1940	1939		amended to add an additional section to read as follows: 16
1941	1940		12-1-104. Bail reporting system. 17
1942	1941		(a)(1) The Arkansas Crime Informat ion Center shall administer a public 18
1943	1942		portal for entry by a court of the information required to be reported under 19
1944	1943		§ 16-84-118. 20
1945	1944		(2) To facilitate the administration of the portal required 21
1946	1945		under subdivision (a)(1) of this section, the Arkansas Crime Infor mation 22
1947	1946		Center may seek the assistance of the Division of Information Systems of the 23
1948	1947		Department of Transformation and Shared Services or enter into a contract for 24
1949	1948		technical database and data processing services. 25
1950	1949		(b) The public portal administered under su bsection (a) of this 26
1951	1950		section shall provide the following information concerning a defendant or 27
1952	1951		arrestee: 28
1953	1952		(1) The defendant or arrestee’s name and alias, if available; 29
1954	1953		(2) The date of each arrest of the defendant or arrestee along 30
1955	1954		with the following d etails: 31
1956	1955		(A) The county of arrest; 32
1957	1956		(B) Any corresponding case number, if available; 33
1958	1957		(C) The specific charges; 34
1959	1958		(D) Eligibility for bail and the amount of the initial 35
1960	1959		bail; 36 As Engrossed: S3/30/23 H4/5/23 SB495
1961	1960
1962	1961		50 04-05-2023 16:03:12 JLC013
1963	1962
1964	1963
1965	1964		(E) The name of the judge and court, including without 1
1966	1965		limitation judicial district and county, setting the initial bail; 2
1967	1966		(F) The date and amount of any bail modification; 3
1968	1967		(G) The name of the judge and court, including without 4
1969	1968		limitation judicial district and county, modifying the bail set; and 5
1970	1969		(H) The date of release on bond and type of bond posted; 6
1971	1970		and 7
1972	1971		(3) The date of each conviction of the defendant or arrestee and 8
1973	1972		corresponding case number. 9
1974	1973		(c) The information entered into the public portal administered under 10
1975	1974		this section shall be disseminated: 11
1976	1975		(1) In a manner that will allow the information to be organized 12
1977	1976		by: 13
1978	1977		(A) A defendant or arrestee; 14
1979	1978		(B) A judicial district; 15
1980	1979		(C) A county; and 16
1981	1980		(D) A judge and 17
1982	1981		(2) Upon request to the: 18
1983	1982		(A) Governor; 19
1984	1983		(B) Speaker of the House of Representatives; 20
1985	1984		(C) President Pro Tempore of the Senate; 21
1986	1985		(D) Arkansas Legislative Audit; and 22
1987	1986		(E) Attorney General. 23
1988	1987		24
1989	1988		SECTION 59. Arkansas Code § 12 -12-905(a)(2), concerning registration 25
1990	1989		requirements for sex offenders, is amended to read as f ollows: 26
1991	1990		(2) Is serving a sentence of incarceration, probation, parole, 27
1992	1991		post-release supervision, or other form of community supervision as a result 28
1993	1992		of an adjudication of guilt on or after August 1, 1997, for a sex offense, 29
1994	1993		aggravated sex offense, or sex ually violent offense; 30
1995	1994		31
1996	1995		SECTION 60. Arkansas Code § 12 -12-906(a)(1)(A)(i), concerning the duty 32
1997	1996		to register as a sex offender or verify registration as a sex offender and 33
1998	1997		the review of requirements with sex offenders, is amended to read as follows: 34
1999	1998		(a)(1)(A)(i) At the time of adjudication of guilt, the sentencing 35
2000	1999		court shall enter on the judgment and commitment or judgment and disposition 36 As Engrossed: S3/30/23 H4/5/23 SB495
2001	2000
2002	2001		51 04-05-2023 16:03:12 JLC013
2003	2002
2004	2003
2005	2004		form sentencing order that the offender is required to register as a sex 1
2006	2005		offender and shall indicate whether the : 2
2007	2006		(a) Offense is an aggravated sex offense; 3
2008	2007		(b) Sex offender has been adjudicated guilty 4
2009	2008		of a prior sex offense under a separate case number; or 5
2010	2009		(c) Sex offender has been classified as a 6
2011	2010		sexually dangerous person. 7
2012	2011		8
2013	2012		SECTION 61. Arkansas Code § 12-12-909(a)(3) and (4), concerning a 9
2014	2013		change of address of a registered sex offender, are amended to read as 10
2015	2014		follows: 11
2016	2015		(3) If the sex offender changes his or her address without 12
2017	2016		notice, notification shall be sent to law enforcement and supervising parole, 13
2018	2017		post-release supervision, or probation authorities, and notice may be posted 14
2019	2018		on the internet until proper reporting is again established or the sex 15
2020	2019		offender is incarcerated. 16
2021	2020		(4) Subdivision (a)(1) of this section applies to a sex offender 17
2022	2021		required to register as a sexually dangerous person, except that the sexually 18
2023	2022		dangerous person shall verify the registration in person every ninety (90) 19
2024	2023		days after the date of the initial release or commencement of parole or post-20
2025	2024		release supervision. 21
2026	2025		22
2027	2026		SECTION 62. Arkansas Code § 12 -12-913(c)(1)(B), concerning developing 23
2028	2027		guidelines and procedures for the release of information concerning sex 24
2029	2028		offenders, is amended to read as follows: 25
2030	2029		(B) In developing the guidelines and procedures, the Sex 26
2031	2030		Offender Assessment Committee shall consult with persons who, by experience 27
2032	2031		or training, have a personal interest or professional expertise in law 28
2033	2032		enforcement, crime prevention, victim advocacy, criminology, psychology, 29
2034	2033		parole, post-release supervision, public education, an d community relations. 30
2035	2034		31
2036	2035		SECTION 63. Arkansas Code § 12 -12-913(j)(1)(A)(viii), concerning 32
2037	2036		information to be made public concerning a Level 3 or Level 4 sex offender, 33
2038	2037		is amended to read as follows: 34
2039	2038		(viii) The sex offender's parole , post-release 35
2040	2039		supervision, or probation office; 36 As Engrossed: S3/30/23 H4/5/23 SB495
2041	2040
2042	2041		52 04-05-2023 16:03:12 JLC013
2043	2042
2044	2043
2045	2044		1
2046	2045		SECTION 64. Arkansas Code § 12 -12-917(b)(2)(A)(ii)(b)(2)(D), 2
2047	2046		concerning the relevant records to be forwarded to Community Notification 3
2048	2047		Assessment regarding an adult sex offender convicted of an offense described 4
2049	2048		in 42 U.S.C. § 14071 et seq., is amended to read as follows: 5
2050	2049		(D) Judgment and disposition forms 6
2051	2050		Sentencing orders; 7
2052	2051		8
2053	2052		SECTION 65. Arkansas Code § 12 -12-917(b)(4)(A)(ii), concerning 9
2054	2053		notification that will be provided when a sex offender disrupts a sex 10
2055	2054		offender assessment, is amended to read as follows: 11
2056	2055		(ii) The parole or probation community supervision 12
2057	2056		officer, if applicable, shall be notified. 13
2058	2057		14
2059	2058		SECTION 66. Arkansas Code § 12 -12-917(f)(2), concerning evaluation of 15
2060	2059		a sex offender, is amended to read as follows: 16
2061	2060		(2) The committee shall provide the Parole Post-Prison Transfer 17
2062	2061		Board with copies of the offender fact sheet on inmates of the Division of 18
2063	2062		Correction. 19
2064	2063		20
2065	2064		SECTION 67. Arkansas Code § 12 -12-917(h)(2)(A), concerning evaluation 21
2066	2065		of a sex offender, is amended to read as follows: 22
2067	2066		(2)(A) A local law enforcement agency having jurisdiction, the 23
2068	2067		Division of Community Correction, or the Parole Post-Prison Transfer Board 24
2069	2068		may request the committee to reassess a sex offender's assigned risk level at 25
2070	2069		any time. 26
2071	2070		27
2072	2071		SECTION 68. Arkansas Code § 12 -12-917(h)(2)(B), concerning evaluation 28
2073	2072		of a sex offender, is amended to read as follows: 29
2074	2073		(B) In the request for reassessment, the local law 30
2075	2074		enforcement agency having jurisdiction, the Division of Community Correc tion, 31
2076	2075		or the Parole Post-Prison Transfer Board shall list the facts and 32
2077	2076		circumstances that prompted the requested reassessment. 33
2078	2077		34
2079	2078		SECTION 69. Arkansas Code § 12 -12-918(d), concerning classification of 35
2080	2079		a person as a sexually dangerous person, is amended to read as follows: 36 As Engrossed: S3/30/23 H4/5/23 SB495
2081	2080
2082	2081		53 04-05-2023 16:03:12 JLC013
2083	2082
2084	2083
2085	2084		(d)(1) The judgment and commitment sentencing order should state 1
2086	2085		whether the offense qualifies as an aggravated sex offense. 2
2087	2086		(2) Should the aggravated sex offense box not be checked on the 3
2088	2087		commitment sentencing order, the court will be contacted by the committee and 4
2089	2088		asked to furnish a written determination as to whether the offense qualifies 5
2090	2089		as an aggravated sex offense. 6
2091	2090		7
2092	2091		SECTION 70. Arkansas Code § 12 -12-919(b)(2)(A), concerning 8
2093	2092		termination of the obligation to register as a sex offender, is amended to 9
2094	2093		read as follows: 10
2095	2094		(A) The applicant, for a period of fifteen (15) years 11
2096	2095		after the applicant was released from prison or other institution or placed 12
2097	2096		on parole, post-release supervision, supervised release, or probation has not 13
2098	2097		been adjudicated guilty of a sex offense; and 14
2099	2098		15
2100	2099		SECTION 71. Arkansas Code § 12 -12-1003(c), concerning the collection 16
2101	2100		and maintenance of criminal history information, is amended to read as 17
2102	2101		follows: 18
2103	2102		(c) The reporting requirements of thi s subchapter apply to prosecuting 19
2104	2103		attorneys, judges, and law enforcement, court, probation, correction, and 20
2105	2104		parole, and post-release supervision officials within the limits defined in 21
2106	2105		§§ 12-12-1006 and 12-12-1007. 22
2107	2106		23
2108	2107		SECTION 72. Arkansas Code § 12-12-1109(e)(1), concerning the 24
2109	2108		collection of a deoxyribonucleic acid sample upon conviction of certain 25
2110	2109		offenses, is amended to read as follows: 26
2111	2110		(e)(1) The requirements of this subchapter are mandatory and apply 27
2112	2111		regardless of whether or not a court advi ses a person that a DNA sample must 28
2113	2112		be provided to the State DNA Data Base and State DNA Data Bank as a condition 29
2114	2113		of probation, or parole, or post-release supervision. 30
2115	2114		31
2116	2115		SECTION 73. Arkansas Code § 12 -12-1110(e)(1), concerning procedures 32
2117	2116		for the collection of a deoxyribonucleic acid sample upon conviction of 33
2118	2117		certain offenses, is amended to read as follows: 34
2119	2118		(e)(1) Any person who refuses to provide a DNA sample required by this 35
2120	2119		subchapter will receive no further sentence reduction for meritorious good 36 As Engrossed: S3/30/23 H4/5/23 SB495
2121	2120
2122	2121		54 04-05-2023 16:03:12 JLC013
2123	2122
2124	2123
2125	2124		time or earned release credits until such time as a sample is provided, and 1
2126	2125		the Division of Correction shall notify the Parole Post-Prison Transfer Board 2
2127	2126		regarding the refusal. 3
2128	2127		4
2129	2128		SECTION 74. Arkansas Code § 12 -12-1506(a)(2), concerning the 5
2130	2129		dissemination of records of felony arrest and conviction, is amended to read 6
2131	2130		as follows: 7
2132	2131		(2) Any criminal history information of felony arrest records 8
2133	2132		and all conviction information that pertains to a person currently being 9
2134	2133		processed by the criminal justice system, includ ing during the entire period 10
2135	2134		of correctional supervision extending through final discharge from parole or 11
2136	2135		post-release supervision, may be disseminated without restriction. 12
2137	2136		13
2138	2137		SECTION 75. Arkansas Code § 12 -27-103(b)(15), concerning the creation 14
2139	2138		and powers of the Division of Correction, is amended to read as follows: 15
2140	2139		(15) The Division of Correction shall cooperate with the 16
2141	2140		Division of Community Correction, the Parole Post-Prison Transfer Board, the 17
2142	2141		Arkansas Sentencing Commission, judicial districts, muni cipalities, and 18
2143	2142		counties in this state in providing guidance and services required to ensure 19
2144	2143		a full range of correctional options for the state as a whole; 20
2145	2144		21
2146	2145		SECTION 76. Arkansas Code § 12 -27-104(a)(2), concerning members of the 22
2147	2146		Board of Corrections, is a mended to read as follows: 23
2148	2147		(2) The Chair of the Parole Post-Prison Transfer Board; and 24
2149	2148		25
2150	2149		SECTION 77. Arkansas Code § 12 -27-105(b)(17)(C), concerning the Board 26
2151	2150		of Corrections powers and duties, is amended to read as follows: 27
2152	2151		(C) The payment of such sanctions and fees may be a 28
2153	2152		condition of probation, parole, post-release supervision, post prison post-29
2154	2153		prison transfer, or attached to admission and participation in a community 30
2155	2154		correction program. 31
2156	2155		32
2157	2156		SECTION 78. Arkansas Code § 12 -27-107(a), concerning the Director of 33
2158	2157		the Division of Correction, is amended to read as follows: 34
2159	2158		(a) The Director of the Division of Correction , who shall be the 35
2160	2159		executive, administrative, budgetary, and fiscal officer of the Division of 36 As Engrossed: S3/30/23 H4/5/23 SB495
2161	2160
2162	2161		55 04-05-2023 16:03:12 JLC013
2163	2162
2164	2163
2165	2164		Correction, shall be appointed by the Board of Corrections in consultation 1
2166	2165		with the Secretary of the Department of Corrections at a salary fixed by the 2
2167	2166		Board of Corrections which shall not exceed the maximum salary for the 3
2168	2167		position established by law. 4
2169	2168		5
2170	2169		SECTION 79. Arkansas Code § 12 -27-107(c), concerning the Director of 6
2171	2170		the Division of Correction, is amended to read as follows: 7
2172	2171		(c) The director shall serve at the pleasure of the Board Secretary of 8
2173	2172		the Department of Corrections. 9
2174	2173		10
2175	2174		SECTION 80. Arkansas Code § 12 -27-107(d)(5), concerning the Director 11
2176	2175		of the Division of Correction, is amended to read as follows: 12
2177	2176		(5) Cooperate with the Division of Community Correction, the 13
2178	2177		Parole Post-Prison Transfer Board, the Arkansas Sentencing Commission, 14
2179	2178		judicial districts, counties, and municipalities t o provide the guidance and 15
2180	2179		services required to ensure a full range of correctional options for the 16
2181	2180		state as a whole; and 17
2182	2181		18
2183	2182		SECTION 81. Arkansas Code § 12 -27-113(b)(3), concerning the transfer 19
2184	2183		of inmates between the Division of Correction and Division of Community 20
2185	2184		Correction, is amended to read as follows: 21
2186	2185		(3) Inmates may be transferred between the Division of 22
2187	2186		Correction and the Division of Community Correction within the constraints of 23
2188	2187		law applicable to judicial or administrative transfer, subject to the 24
2189	2188		policies and rules established by the Board of Corre ctions and conditions set 25
2190	2189		by the Parole Post-Prison Transfer Board. 26
2191	2190		27
2192	2191		SECTION 82. Arkansas Code § 12 -27-117 is amended to read as follows: 28
2193	2192		12-27-117. Employees' uniforms. 29
2194	2193		As deemed appropriate by the Secretary of the Department of Corrections 30
2195	2194		and approved by the Board of Corrections, the Department of Corrections may 31
2196	2195		purchase identifying occupational uniforms for correctional personnel and 32
2197	2196		probation and parole community supervision personnel. 33
2198	2197		34
2199	2198		SECTION 83. Arkansas Code § 12 -27-124(a)(3), concerning th e purposes 35
2200	2199		and construction of the Division of Community Correction, is amended to read 36 As Engrossed: S3/30/23 H4/5/23 SB495
2201	2200
2202	2201		56 04-05-2023 16:03:12 JLC013
2203	2202
2204	2203
2205	2204		as follows: 1
2206	2205		(3) To accomplish the objectives and purposes of this act in an 2
2207	2206		effective, coordinated, and uniform manner, the division shall be responsible 3
2208	2207		for the administration of all community correction facilities, services, and 4
2209	2208		means of supervision, including probation and parole community supervision or 5
2210	2209		any type of post-prison release or transfer. 6
2211	2210		7
2212	2211		SECTION 84. Arkansas Code § 12 -27-125(b)(5)(A), concerning the p owers 8
2213	2212		and duties of the Division of Community Correction, is amended to read as 9
2214	2213		follows: 10
2215	2214		(5)(A) It may exercise all legally sanctioned supervision and 11
2216	2215		appropriate care over all offenders referred with proper documentation from 12
2217	2216		the circuit courts and all offenders transferred with proper documentation 13
2218	2217		from the Division of Correction pursuant to policies established by the Board 14
2219	2218		of Corrections and conditions set by the Parole Post-Prison Transfer Board. 15
2220	2219		16
2221	2220		SECTION 85. Arkansas Code § 12 -27-125(b)(7) and (8), concerning the 17
2222	2221		powers and duties of the Division of Community Correction, is amended to read 18
2223	2222		as follows: 19
2224	2223		(7) It shall administer the provision of parole services in 20
2225	2224		coordination with the Parole Post-Prison Transfer Board and in cooperation 21
2226	2225		with the Division of Correction; 22
2227	2226		(8) It shall provide support services to the Parole Post-Prison 23
2228	2227		Transfer Board or its designated representatives as determined by the Parole 24
2229	2228		Post-Prison Transfer Board; 25
2230	2229		26
2231	2230		SECTION 86. Arkansas Code § 12 -27-125(b)(17)(C), concernin g the powers 27
2232	2231		and duties of the Division of Community Correction and the payment of 28
2233	2232		sanctions and fees by offenders, is amended to read as follows: 29
2234	2233		(C) The payment of such sanctions and fees may be a 30
2235	2234		condition of probation, parole, post-release supervision, or post prison 31
2236	2235		post-prison transfer or attached to admission and participation in a 32
2237	2236		community correction program. 33
2238	2237		34
2239	2238		SECTION 87. Arkansas Code § 12 -27-125(b)(21), concerning the powers 35
2240	2239		and duties of the Division of Community Correction, is amended to read as 36 As Engrossed: S3/30/23 H4/5/23 SB495
2241	2240
2242	2241		57 04-05-2023 16:03:12 JLC013
2243	2242
2244	2243
2245	2244		follows: 1
2246	2245		(21) Subject to availability of funds, it shall employ officers, 2
2247	2246		employees, and agents and secure sufficient offices for monitoring each sex 3
2248	2247		offender on parole, post-release supervision, or probation who is required to 4
2249	2248		register under the Sex Offender Registration Act of 1997, § 12 -12-901 et 5
2250	2249		seq., and who has been assessed as a risk Level 3 or Level 4 offender; and 6
2251	2250		7
2252	2251		SECTION 88. Arkansas Code § 12 -27-126(a), concerning the Director of 8
2253	2252		the Division of Community Correction, is amended to read as follows: 9
2254	2253		(a) The Director of the Division of Community Correction shall be 10
2255	2254		appointed by the Board of Corrections in consultation with the Secretary of 11
2256	2255		the Department of Corrections at a salary fixed by the Board of Corrections, 12
2257	2256		which shall not exceed the maximum salary for the position established by 13
2258	2257		law. 14
2259	2258		15
2260	2259		SECTION 89. Arkansas Code § 12 -27-126(c), concerning the Director of 16
2261	2260		the Division of Community Correction, is amended to read as follows: 17
2262	2261		(c) The director shall serve at the pleasure of the Board Secretary of 18
2263	2262		the Department of Corrections. 19
2264	2263		20
2265	2264		SECTION 90. Arkansas Code § 12 -27-126(d)(5), concerning the Director 21
2266	2265		of the Division of Community Correction, is amended to read as follows: 22
2267	2266		(5) Cooperate with the Division of Correction, the Parole Post-23
2268	2267		Prison Transfer Board, the Arkansas Sentencing Commission, judicial 24
2269	2268		districts, counties, and municipalities to provide the guidance and services 25
2270	2269		required to ensure a full range of correctional and community correction 26
2271	2270		options for the state as a whole. 27
2272	2271		28
2273	2272		SECTION 91. Arkansas Code § 12 -27-127 is amended to read as follows: 29
2274	2273		12-27-127. Transfer to the Division of Community Correction — Transfer 30
2275	2274		of an inmate between divisions. 31
2276	2275		(a)(1) A commitment shall be treated as a commitment to the Division 32
2277	2276		of Correction and subject to regular transfer eligibility. 33
2278	2277		(2) However, an inmate may be judicially or administratively 34
2279	2278		transferred to the Division of Community Correction by the Division of 35
2280	2279		Correction unless the court indicates on the sentencing order that the 36 As Engrossed: S3/30/23 H4/5/23 SB495
2281	2280
2282	2281		58 04-05-2023 16:03:12 JLC013
2283	2282
2284	2283
2285	2284		Division of Correction shall not administratively transfer a statutorily 1
2286	2285		eligible inmate to the Division of Community Correction in accordance with 2
2287	2286		the rules promulgated by the Board of C orrections. 3
2288	2287		(b)(1) In accordance with rules and procedures promulgated by the 4
2289	2288		Board of Corrections and the orders of the committing court, the Director of 5
2290	2289		the Division of Community Correction shall assign a newly transferred inmate 6
2291	2290		to an appropriate faci lity, placement, program, or status within the Division 7
2292	2291		of Community Correction. 8
2293	2292		(2) The director may transfer an inmate from one facility, 9
2294	2293		placement, program, or status to another facility, placement, program, or 10
2295	2294		status consistent with the commitment, applicable law, and in accordance with 11
2296	2295		treatment, training, and security needs. 12
2297	2296		(3)(A) An inmate may be administratively transferred back to the 13
2298	2297		Division of Correction from the Division of Community Correction by the 14
2299	2298		Parole Board Post-Prison Transfer Board following a hearing in which the 15
2300	2299		inmate is found ineligible for placement in a Division of Community 16
2301	2300		Correction facility as he or she fails to meet the criteria or standards 17
2302	2301		established by law or policy adopted by the Board of Corrections or has been 18
2303	2302		found guilty of a violation of the rules of the facility. 19
2304	2303		(B) Time served in a community correction facility or 20
2305	2304		under supervision by the Division of Community Correction shall be credited 21
2306	2305		against the sentence contained in the commitment to the Division of 22
2307	2306		Correction. 23
2308	2307		(c)(1) In accordance with rules and procedures promulgated by the 24
2309	2308		Board of Corrections, or except as otherwise prohibited by subdivision (c)(4) 25
2310	2309		of this section, upon receipt of a referral from the director or his or her 26
2311	2310		designee, the Parole Board Post-Prison Transfer Board may release from 27
2312	2311		confinement an inmate who has been: 28
2313	2312		(A) Sentenced and judicially or administratively 29
2314	2313		transferred to the Division of Community Correction; 30
2315	2314		(B) Incarcerated for a minimum of : 31
2316	2315		(i) one One hundred eighty (180) days for a sentence 32
2317	2316		of four (4) years or less ; and or 33
2318	2317		(ii) Two hundred seventy (270) days for a sentence 34
2319	2318		of more than four (4) years but less than six (6) years; and 35
2320	2319		(C) Determined by the Division of Community Correction to 36 As Engrossed: S3/30/23 H4/5/23 SB495
2321	2320
2322	2321		59 04-05-2023 16:03:12 JLC013
2323	2322
2324	2323
2325	2324		have successfully completed its therapeutic program. 1
2326	2325		(2)(A) The General Assembly finds that the power granted to the 2
2327	2326		Parole Board Post-Prison Transfer Board under subdivision (c)(1) of this 3
2328	2327		section will: 4
2329	2328		(i) Aid the therapeutic rehabilitation of the 5
2330	2329		inmates judicially or administratively transferred to the Division of 6
2331	2330		Community Correction; and 7
2332	2331		(ii) More efficiently use the correctional resources 8
2333	2332		of the State of Arkansas. 9
2334	2333		(B) The power granted to the Parole Board Post-Prison 10
2335	2334		Transfer Board under subdivision (c)(1) of this section shall be the sole 11
2336	2335		authority required for the accomplishment of the purposes set forth in this 12
2337	2336		subdivision (c)(2), and when the Parole Post-Prison Transfer Board exercises 13
2338	2337		its power under this section, it shall not be nece ssary for the Parole Post-14
2339	2338		Prison Transfer Board to comply with general provisions of other laws dealing 15
2340	2339		with the minimum time constraints as applied to release eligibility. 16
2341	2340		(3) This subsection does not grant the Parole Post-Prison 17
2342	2341		Transfer Board or the Division of Community Correction the authority either 18
2343	2342		to detain an inmate beyond the sentence imposed upon him or her by a 19
2344	2343		transferring court or to shorten that sentence. 20
2345	2344		(4) An inmate may not be released from confinement under this 21
2346	2345		section if the inmat e was sentenced and judicially or administratively 22
2347	2346		transferred to the Division of Community Correction at a time earlier than 23
2348	2347		that which would otherwise be possible if the inmate was sentenced to the 24
2349	2348		Division of Correction, regardless of any program comple ted by the inmate. 25
2350	2349		(d)(1) An inmate of the Division of Correction who is to be released 26
2351	2350		on parole transferred to post-release supervision may be administratively 27
2352	2351		transferred to the Division of Community Correction when the inmate is within 28
2353	2352		eighteen (18) months of his or her projected release date for the purpose of 29
2354	2353		participating in a reentry program of at least six (6) months in length. 30
2355	2354		(2) Each inmate administratively transferred under this 31
2356	2355		subsection shall be thoroughly screened and approved for part icipation by the 32
2357	2356		director or his or her designee. 33
2358	2357		(3) In accordance with rules promulgated by the Board of 34
2359	2358		Corrections, upon receipt of a referral from the director or his or her 35
2360	2359		designee, the Parole Post-Prison Transfer Board may release from 36 As Engrossed: S3/30/23 H4/5/23 SB495
2361	2360
2362	2361		60 04-05-2023 16:03:12 JLC013
2363	2362
2364	2363
2365	2364		incarceration an inmate who has been: 1
2366	2365		(A) Administratively transferred to the Division of 2
2367	2366		Community Correction; and 3
2368	2367		(B) Determined by the Division of Community Correction to 4
2369	2368		have successfully completed its reentry program. 5
2370	2369		(4) An inmate who has been administratively transferred under 6
2371	2370		this subsection shall be administratively transferred back to the Division of 7
2372	2371		Correction if he or she: 8
2373	2372		(A) Is denied parole or transfer to post-release 9
2374	2373		supervision; or 10
2375	2374		(B) Fails to complete or is removed from the reentry 11
2376	2375		program. 12
2377	2376		13
2378	2377		SECTION 92. Arkansas Code § 12 -27-129(b)(2), concerning the report on 14
2379	2378		rehabilitation of the inmate population, is amended to read as follows: 15
2380	2379		(2) Further, the report is to include the amount of meritorious 16
2381	2380		good time or earned release credits awarded inmates by the division for the 17
2382	2381		successful completion of the various rehabilitative programs. 18
2383	2382		19
2384	2383		SECTION 93. Arkansas Code § 12 -27-136, is amended to read as follows: 20
2385	2384		12-27-136. Services and equipment. 21
2386	2385		The Division of Correction and the Division of Community Correction may 22
2387	2386		provide services, furnishings, equipment, and office space to assist the 23
2388	2387		Parole Post-Prison Transfer Board in fulfilling the purposes for which the 24
2389	2388		board was created by law. 25
2390	2389		26
2391	2390		SECTION 94. Arkansas Code § 12 -27-145(a)(2)(B), concerning records of 27
2392	2391		the Division of Community Correction to be posted on a public website, is 28
2393	2392		amended to read as follows: 29
2394	2393		(B) Additionally, the list and the date of major 30
2395	2394		disciplinary violations for which the inmate was found guilty shall b e 31
2396	2395		displayed during the period the inmate is being considered for transfer to 32
2397	2396		parole or post-release supervision; 33
2398	2397		34
2399	2398		SECTION 95. Arkansas Code § 12 -27-145(a)(10), concerning records of 35
2400	2399		the Division of Community Correction to be posted on a public website, i s 36 As Engrossed: S3/30/23 H4/5/23 SB495
2401	2400
2402	2401		61 04-05-2023 16:03:12 JLC013
2403	2402
2404	2403
2405	2404		amended to read as follows: 1
2406	2405		(10) An inmate's parole eligibility date , post-release 2
2407	2406		supervision date, or date he or she is to be released from incarceration as 3
2408	2407		well as a general explanation of how an inmate's parole release eligibility 4
2409	2408		date is calculated, including good time credits. 5
2410	2409		6
2411	2410		SECTION 96. Arkansas Code § 12 -27-145(b)(1)(I), concerning records of 7
2412	2411		the Division of Community Correction to be posted on a public website, is 8
2413	2412		amended to read as follows: 9
2414	2413		(I) A list of previous revocation offenses w hile on 10
2415	2414		probation or parole community supervision and date of revocation. 11
2416	2415		12
2417	2416		SECTION 97. Arkansas Code § 12 -27-147 is amended to read as follows: 13
2418	2417		12-27-147. Rulemaking and administrative directive reporting 14
2419	2418		requirement. 15
2420	2419		(a) A rule implemented by the Bo ard of Corrections, Division of 16
2421	2420		Correction, Division of Community Correction, or the Parole Post-Prison 17
2422	2421		Transfer Board pertaining to this act shall be approved by the appropriate 18
2423	2422		legislative committee before becoming effective. 19
2424	2423		(b) Any administrative dir ective or board policy pertaining to this 20
2425	2424		act implemented by the Board of Corrections, the Division of Correction, the 21
2426	2425		Division of Community Correction, or the Parole Post-Prison Transfer Board 22
2427	2426		shall be reported to the Legislative Council. 23
2428	2427		24
2429	2428		SECTION 98. Arkansas Code § 12-27-149 is amended to read as follows: 25
2430	2429		12-27-149. Division of Community Correction — Sufficient staffing 26
2431	2430		guidelines. 27
2432	2431		For the purposes of maintaining a sufficiently trained and specialized 28
2433	2432		staff of probation and parole community supervision officers, the Division of 29
2434	2433		Community Correction shall establish staffing guidelines using evidence -based 30
2435	2434		practices to develop ratios between the number of high -risk, medium-risk, and 31
2436	2435		low-risk probationers, and parolees, and offenders on post -release 32
2437	2436		supervision and the probation officers and parole officers community 33
2438	2437		supervision officers assigned to the high -risk, medium-risk, and low-risk 34
2439	2438		probationers, and parolees, and offenders on post -release supervision in 35
2440	2439		order to maximize the effectiveness of the monitoring ability of the 36 As Engrossed: S3/30/23 H4/5/23 SB495
2441	2440
2442	2441		62 04-05-2023 16:03:12 JLC013
2443	2442
2444	2443
2445	2444		probation officers and parole community supervision officers. 1
2446	2445		2
2447	2446		SECTION 99. Arkansas Code § 12 -27-204(a), concerning pay -for-success 3
2448	2447		programs under the Division of Community Correction, is amended to read as 4
2449	2448		follows: 5
2450	2449		(a) The Division of Community Correction may enter into an agreement 6
2451	2450		with entities, including without limitation licensed or accredited, as 7
2452	2451		applicable, community -based providers specializing in behavioral health, case 8
2453	2452		management, and job placement service s, and two-year or four-year public 9
2454	2453		universities to create a pay -for-success program for incarcerated individuals 10
2455	2454		or individuals on parole or probation community supervision that requires the 11
2456	2455		division to pay for the intervention services only if the perfor mance targets 12
2457	2456		stated in the agreement are achieved. 13
2458	2457		14
2459	2458		SECTION 100. Arkansas Code § 12 -28-103 is repealed. 15
2460	2459		12-28-103. Cost impact statements. 16
2461	2460		(a) Each of the following bills introduced in the General Assembly 17
2462	2461		shall have a cost impact statement attached to the bill prior to the 18
2463	2462		committee to which the bill is referred taking action in regard to the bill: 19
2464	2463		(1) Bills that affect inmate population patterns at facilities 20
2465	2464		of the Department of Correction by imposing restrictions on inmate release or 21
2466	2465		by increased intake into the department of inmates based on felony 22
2467	2466		convictions; and 23
2468	2467		(2) Bills that affect programs or services of the department. 24
2469	2468		(b) In addition, copies of the cost impact statement shall be 25
2470	2469		furnished on the desk of each member of the Se nate and of the House of 26
2471	2470		Representatives at least one (1) day prior to the date on which the bill is 27
2472	2471		on third reading and debated for final passage in the respective houses. 28
2473	2472		(c) Cost impact statements required under this section shall be 29
2474	2473		prepared, upon referral thereof by the Speaker of the House of 30
2475	2474		Representatives, with respect to House of Representatives bills, and by the 31
2476	2475		President of the Senate upon recommendation of the Senate Committee on Rules, 32
2477	2476		Resolutions and Memorials, with respect to Senate bills , at the time of 33
2478	2477		introduction thereof, to: 34
2479	2478		(1) The Director of the Department of Correction who shall 35
2480	2479		either personally prepare or cause appropriate officials of the department to 36 As Engrossed: S3/30/23 H4/5/23 SB495
2481	2480
2482	2481		63 04-05-2023 16:03:12 JLC013
2483	2482
2484	2483
2485	2484		prepare, a cost impact statement to be approved by the director before 1
2486	2485		submission to the house in which the request was made; or 2
2487	2486		(2) Any other state agency that has information available upon 3
2488	2487		which to base a cost impact statement. 4
2489	2488		(d) The cost impact statement shall be furnished to the Governor and 5
2490	2489		to the President of the Senate and the Speaker of the House of 6
2491	2490		Representatives who shall cause copies thereof to be prepared for 7
2492	2491		distribution upon the desks of the members of the House of Representatives 8
2493	2492		and Senate at least twenty -four (24) hours prior to consideration of any suc h 9
2494	2493		bill by committee or twenty -four (24) hours prior to the bill's being called 10
2495	2494		up for third reading and final passage. 11
2496	2495		(e) The cost impact statement shall be certified by the director or 12
2497	2496		the director of the appropriate agency to which the bill is referre d for 13
2498	2497		preparation of an impact statement, and shall be returned and filed as 14
2499	2498		required in this section within not more than five (5) days from the date of 15
2500	2499		receipt thereof unless additional time in which to prepare the statement is 16
2501	2500		granted by the requesting official. 17
2502	2501		18
2503	2502		SECTION 101. Arkansas Code § 12 -28-104 is amended to read as follows: 19
2504	2503		12-28-104. Paroling Tranferring authority — Pardon recommendations . 20
2505	2504		(a) The Parole Post-Prison Transfer Board shall be the paroling 21
2506	2505		transferring authority for parole and post-release supervision for the units 22
2507	2506		of the Department of Corrections and shall make recommendations to the 23
2508	2507		Governor in cases from the criminal courts that, in the board's opinion, the 24
2509	2508		defendant in the case should be pardoned. 25
2510	2509		(b) The board shall consider the work skills, education, 26
2511	2510		rehabilitation, and treatment programs recommended to the inmate upon intake 27
2512	2511		and determine whether the inmate took advantage of those opportunities while 28
2513	2512		incarcerated in the department in making dec isions regarding parole or 29
2514	2513		transfer to post-release supervision. 30
2515	2514		31
2516	2515		SECTION 102. Arkansas Code § 12 -28-107(b)(3), concerning training for 32
2517	2516		inmates, is amended to read as follows: 33
2518	2517		(3) Programs under this section shall may include without 34
2519	2518		limitation training in the following fields: 35
2520	2519		(A) Professional careers and vocations; 36 As Engrossed: S3/30/23 H4/5/23 SB495
2521	2520
2522	2521		64 04-05-2023 16:03:12 JLC013
2523	2522
2524	2523
2525	2524		(B) Service careers and vocations; 1
2526	2525		(C) Information and computer technology; 2
2527	2526		(D) Medical technology; and 3
2528	2527		(E) Office administration. 4
2529	2528		5
2530	2529		SECTION 103. Arkansas Code § 12 -28-604, concerning inmates who shall 6
2531	2530		not be early released in the event of prison overcrowding, is amended to add 7
2532	2531		an additional subsection to read as follows: 8
2533	2532		(c) The following are not eligible for early release under this 9
2534	2533		section: 10
2535	2534		(1) An inmate serving a term of imprisonment for a felony 11
2536	2535		ineligible to receive earned release credits as defined in § 16 -93-1802; and 12
2537	2536		(2) An inmate serving a term of imprisonment for a restricted -13
2538	2537		release felony, as defined in § 16 -93-1802, who has not yet served the 14
2539	2538		minimum period of time required by law. 15
2540	2539		16
2541	2540		SECTION 104. Arkansas Code § 12 -29-112(a) and (b), concerning 17
2542	2541		discharge or release of an inmate, are amended to read as follows: 18
2543	2542		(a) At least one hundred twenty (120) days befor e an inmate's 19
2544	2543		anticipated release date, the Division of Correction, in collaboration with 20
2545	2544		the inmate and the Division of Community Correction and the Parole Post-21
2546	2545		Prison Transfer Board, shall complete a prerelease assessment and reentry 22
2547	2546		plan, which may incl ude a travel subsidy and transportation to the closest 23
2548	2547		commercial transportation pick -up point. 24
2549	2548		(b) A copy of the reentry plan under this section shall be provided to 25
2550	2549		the inmate and the assigned parole community supervision officer, if 26
2551	2550		applicable. 27
2552	2551		28
2553	2552		SECTION 105. Arkansas Code § 12 -29-112, concerning discharge or 29
2554	2553		release of an inmate, is amended to additional subsections to read as 30
2555	2554		follows: 31
2556	2555		(d) Except as provided in subsection (e) of this section, the Division 32
2557	2556		of Correction shall provide the following d ocumentation to an inmate upon 33
2558	2557		release: 34
2559	2558		(1) A copy of the training record of the inmate, if applicable; 35
2560	2559		(2) A copy of the institutional work record of the inmate, if 36 As Engrossed: S3/30/23 H4/5/23 SB495
2561	2560
2562	2561		65 04-05-2023 16:03:12 JLC013
2563	2562
2564	2563
2565	2564		applicable; 1
2566	2565		(3) A certified copy of the birth certificate of the inmate, if 2
2567	2566		the inmate was born in Arkansas; 3
2568	2567		(4) A social security card or a replacement Social S 4
2569	2568		ecurity card, if obtainable; and 5
2570	2569		(5) Notification to the inmate if he or she is eligible to apply 6
2571	2570		for a license from a state entity charged with oversight of an occup ational 7
2572	2571		license or certification, based on the inmate’s criminal history, 8
2573	2572		institutional training record, and institutional work record. 9
2574	2573		(e) The Division of Correction is not required to provide the 10
2575	2574		documentation in subsection (d) of this section if: 11
2576	2575		(1) The inmate is sixty -five (65) years of age or older; 12
2577	2576		(2) The inmate is subject to early release due to permanent 13
2578	2577		incapacitation or terminal illness; 14
2579	2578		(3) The inmate is being released to the custody of another 15
2580	2579		jurisdiction on a warrant or detainer; or 16
2581	2580		(4) The inmate was in the custody of the Division of Correction 17
2582	2581		for less than nine (9) months. 18
2583	2582		19
2584	2583		SECTION 106. Arkansas Code § 12 -29-117 is amended to read as follows: 20
2585	2584		12-29-117. Educational, training, and rehabilitative programs. 21
2586	2585		(a) An inmate who was convicted and sentenced as an adult for an 22
2587	2586		offense he or she committed before he or she attained eighteen (18) years of 23
2588	2587		age shall not be prevented from participating in an educational, training, or 24
2589	2588		rehabilitative program that is otherwi se available to other inmates in the 25
2590	2589		general population of the correctional facility in which he or she is housed. 26
2591	2590		(b)(1) The Department of Corrections shall regularly assess the impact 27
2592	2591		and efficacy of educational, training, and rehabilitative programs a vailable 28
2593	2592		to inmates of correctional facilities owned or operated by the department. 29
2594	2593		(2) The assessment required under subdivision (b)(1) of this 30
2595	2594		section shall be conducted by an employee or contractor of the department who 31
2596	2595		has doctoral-level education and experience in evaluating the efficacy of 32
2597	2596		educational, training, and rehabilitative programs. 33
2598	2597		(3) The results of the assessments required under subdivision 34
2599	2598		(b)(1) of this section shall be incorporated into the report on the state of 35
2600	2599		the department required under § 25-43-403(d). 36 As Engrossed: S3/30/23 H4/5/23 SB495
2601	2600
2602	2601		66 04-05-2023 16:03:12 JLC013
2603	2602
2604	2603
2605	2604		(c) The Secretary of the Department of Corrections shall: 1
2606	2605		(1) Coordinate with the Chief Workforce Officer to ensure that 2
2607	2606		workforce training provided to inmates allows for future employment in fields 3
2608	2607		with adequate demand; an d 4
2609	2608		(2) Coordinate with community -based providers to ensure that 5
2610	2609		inmates are being provided appropriate training and programming in 6
2611	2610		preparation for reintegration into the workforce. 7
2612	2611		8
2613	2612		SECTION 107. Arkansas Code Title 12, Chapter 29, Subchapter 2, is 9
2614	2613		amended to add an additional section to read as follows: 10
2615	2614		12-29-206. Applicability. 11
2616	2615		This subchapter applies to offenses committed before January 1, 2025. 12
2617	2616		13
2618	2617		SECTION 108. Arkansas Code § 12 -29-404(b), concerning medical parole 14
2619	2618		of an inmate due to terminal illness or permanent incapacitation, is amended 15
2620	2619		to read as follows: 16
2621	2620		(b) The Director of the Division of Correction or the Director of the 17
2622	2621		Division of Community Correction shall communicate to the Parole Post-Prison 18
2623	2622		Transfer Board when, in the independen t opinions of either a Division of 19
2624	2623		Correction physician or Division of Community Correction physician, and a 20
2625	2624		consultant physician in Arkansas, an inmate is either terminally ill or 21
2626	2625		permanently incapacitated and should be considered for transfer to parole 22
2627	2626		supervision or post-release supervision. 23
2628	2627		24
2629	2628		SECTION 109. Arkansas Code § 12 -29-404(c)(1) and (2), concerning 25
2630	2629		medical parole of an inmate due to terminal illness or permanent 26
2631	2630		incapacitation, are amended to read as follows: 27
2632	2631		(c)(1) Upon receipt of a communic ation described in subsection (b) of 28
2633	2632		this section, the board shall assemble or request all such information as is 29
2634	2633		germane to determine whether the inmate is eligible under this section for 30
2635	2634		immediate transfer to parole or post-release supervision. 31
2636	2635		(2) If the facts warrant and the board is satisfied that the 32
2637	2636		inmate's physical condition makes the inmate no longer a threat to public 33
2638	2637		safety, the board may approve the inmate for immediate transfer to parole or 34
2639	2638		post-release supervision. 35
2640	2639		36 As Engrossed: S3/30/23 H4/5/23 SB495
2641	2640
2642	2641		67 04-05-2023 16:03:12 JLC013
2643	2642
2644	2643
2645	2644		SECTION 110. The intr oductory language of Arkansas Code § 12 -29-1
2646	2645		404(d), concerning medical parole of an inmate due to terminal illness or 2
2647	2646		permanent incapacitation, is amended to read as follows: 3
2648	2647		(d) An inmate is not eligible for parole or transfer to post-release 4
2649	2648		supervision under this section if he or she is required to register as a sex 5
2650	2649		offender under the Sex Offender Registration Act of 1997, § 12 -12-901 et 6
2651	2650		seq., and: 7
2652	2651		8
2653	2652		SECTION 111. Arkansas Code § 12 -29-404(e), concerning medical parole 9
2654	2653		of an inmate due to terminal illne ss or permanent incapacitation, is amended 10
2655	2654		to read as follows: 11
2656	2655		(e) The board may revoke a person's parole or post-release supervision 12
2657	2656		granted under this section if the person's medical condition improves to the 13
2658	2657		point that he or she would initially not ha ve been eligible for parole or 14
2659	2658		post-release supervision under this section. 15
2660	2659		16
2661	2660		SECTION 112. Arkansas Code Title 12, Chapter 29, is amended to add 17
2662	2661		additional subchapters to read as follows: 18
2663	2662		Subchapter 7 — Earned Release Credits for Offenses Committed 19
2664	2663		on or after January 1, 2025 20
2665	2664		21
2666	2665		12-29-701. Applicability. 22
2667	2666		This subchapter applies to a felony offense committed on or after 23
2668	2667		January 1, 2025. 24
2669	2668		25
2670	2669		12-29-702. Earned release credits. 26
2671	2670		(a) Subject to rules promulgated by the Board of Corrections, an 27
2672	2671		inmate eligible to accrue earned release credits may accrue earned release 28
2673	2672		credits against the time spent in confinement pursuant to a sentence to the 29
2674	2673		Division of Correction by the sentencing court. 30
2675	2674		(b)(1) The Board of Corrections shall promulgate rules and the 31
2676	2675		Division of Correction shall administer rules that set guidelines for accrual 32
2677	2676		of earned release credits for work practices, job responsibilities, good 33
2678	2677		behavior, and involvement in rehabilitative activities while in the custody 34
2679	2678		of the Division of Correction. 35
2680	2679		(2) The rules shall provide for uniform application of 36 As Engrossed: S3/30/23 H4/5/23 SB495
2681	2680
2682	2681		68 04-05-2023 16:03:12 JLC013
2683	2682
2684	2683
2685	2684		authorizing release to post -release supervision for an inmate who 1
2686	2685		successfully completes programs determined to reduce recidivism and has met 2
2687	2686		behavioral expectations while incarcerated. 3
2688	2687		(c)(1) Earned release credits shall not be applied to reduce the 4
2689	2688		length of a sentence but may reduce the length of time an inmate spends in 5
2690	2689		confinement, upon approval of the Post -Prison Transfer Board. 6
2691	2690		(2) Earned release credits may reduce the time of confinement 7
2692	2691		only if awarded by the Post -Prison Transfer Board. 8
2693	2692		(3) Earned release credits shall not reduce an inmate's time 9
2694	2693		served in prison by more than the maximum amount authorized under §§ 16 -93-10
2695	2694		1803 and 16-93-1804. 11
2696	2695		(d)(1) An inmate under sentence of death or life imprisonment without 12
2697	2696		parole is not eligible to accrue earned release credits but may be pardoned 13
2698	2697		or have his or her sentence commuted by the Governor, as provided by law. 14
2699	2698		(2) Except as provided by subdivision (d)(3) of this section, an 15
2700	2699		inmate sentenced to life imprisonment may accrue earned release credits if 16
2701	2700		otherwise eligible but shall not be awarded earned release credits by the 17
2702	2701		Post-Prison Transfer Board unless the sentence is commuted to a term of years 18
2703	2702		by executive clemency. 19
2704	2703		(3) An inmate serving a term of imprisonment for a felony 20
2705	2704		ineligible to receive earned release credits as defined in § 16 -93-1802 shall 21
2706	2705		not be eligible to accrue earned release credits but may be pardoned or have 22
2707	2706		his or her sentences commuted by the Governor, as prov ided by law. 23
2708	2707		24
2709	2708		12-29-703. Classification committee — Classifications. 25
2710	2709		(a)(1)(A) The Board of Corrections shall establish an earned release 26
2711	2710		credit classification committee. 27
2712	2711		(B) Members of the committee shall be selected by wardens 28
2713	2712		or supervisors of the various units, facilities, or centers of the Division 29
2714	2713		of Correction and Division of Community Correction according to rules adopted 30
2715	2714		by the board governing the selection of members. 31
2716	2715		(2) The committee shall meet as often as necessary to determine 32
2717	2716		rates at which inmates may accrue earned release credits for good behavior, 33
2718	2717		job responsibilities, and involvement in rehabilitative activities. 34
2719	2718		(b)(1) Upon recommendation of the committee, the Director of the 35
2720	2719		Division of Correction may authorize accrual of earned release credits for 36 As Engrossed: S3/30/23 H4/5/23 SB495
2721	2720
2722	2721		69 04-05-2023 16:03:12 JLC013
2723	2722
2724	2723
2725	2724		each successful completion of a: 1
2726	2725		(A) State-sponsored general education development 2
2727	2726		certificate program; 3
2728	2727		(B) Vocational program for which certification is awarded; 4
2729	2728		(C) Drug or alcohol treatment program offered at a 5
2730	2729		Division of Correction facility; or 6
2731	2730		(D) Pre-release and other rehabilitative programs or 7
2732	2731		assignments as approved by the Board of Corrections. 8
2733	2732		(2)(A) The additional days of earned release credits described 9
2734	2733		in subdivision (b)(1) of this section shall be accrued as provided in the 10
2735	2734		rules promulgated by the board. 11
2736	2735		(B) The board may add, amend, change, or alter the rules 12
2737	2736		adopted under this section in accordance with the Arkansas Administrative 13
2738	2737		Procedure Act, § 25-15-201 et seq. 14
2739	2738		(c) Earned release credit s shall not be used to reduce the period of 15
2740	2739		incarceration for an otherwise ineligible inmate. 16
2741	2740		(d) A jury shall be instructed pursuant to § 16 -97-103 regarding the 17
2742	2741		awarding of earned release credits under this section. 18
2743	2742		19
2744	2743		12-29-704. Maximum reduction. 20
2745	2744		An inmate sentenced to the Division of Correction shall not receive a 21
2746	2745		reduction in his or her required service time under this subchapter, or this 22
2747	2746		subchapter and another law jointly, if the reduction in his or her required 23
2748	2747		service time exceeds the amount aut horized for the offense in § 16 -93-1801 et 24
2749	2748		seq. 25
2750	2749		26
2751	2750		Subchapter 8 — Special Considerations for Female Inmates 27
2752	2751		and Inmates with Families 28
2753	2752		29
2754	2753		12-29-801. Mother-newborn child bonding for inmates. 30
2755	2754		(a) The Department of Corrections shall coordinate with healthcare 31
2756	2755		providers, community -based providers, or both, to develop a custody and care 32
2757	2756		plan that allows an inmate who has given birth to remain with her newborn 33
2758	2757		child during the period authorized by this section. 34
2759	2758		(b) Following the delivery of a newborn child by an inmate, the 35
2760	2759		department shall permit the inmate to remain with her newborn child for at 36 As Engrossed: S3/30/23 H4/5/23 SB495
2761	2760
2762	2761		70 04-05-2023 16:03:12 JLC013
2763	2762
2764	2763
2765	2764		least seventy-two (72) hours unless: 1
2766	2765		(1) A medical or behavioral health provider has a reasonable 2
2767	2766		belief that remaining with the inmate poses a health or safety r isk to the 3
2768	2767		newborn child; or 4
2769	2768		(2) Allowing the inmate to remain with her newborn child poses a 5
2770	2769		substantial flight risk or substantial risk of physical injury to another 6
2771	2770		person. 7
2772	2771		(c)(1) The bonding period required under this section is subject to 8
2773	2772		availability of adequate housing in hospitals or community -based housing. 9
2774	2773		(2) A correctional facility is not required to house a newborn 10
2775	2774		child with the inmate at the correctional facility. 11
2776	2775		12
2777	2776		12-29-802. Family considerations in inmate placement and visitati on. 13
2778	2777		(a)(1) To the greatest extent possible, after accounting for security 14
2779	2778		and capacity factors, the Department of Corrections shall place an inmate who 15
2780	2779		is a parent of one (1) or more minor children within two hundred fifty (250) 16
2781	2780		miles of the inmate's per manent address of record. 17
2782	2781		(2) An inmate's parentage of a minor child shall be evidenced by 18
2783	2782		birth certificate or court order. 19
2784	2783		(b) The Secretary of the Department of Corrections shall adopt rules 20
2785	2784		authorizing the visitation of an inmate who is a parent of one (1) or more 21
2786	2785		minor children and who has a low or minimum -security classification with his 22
2787	2786		or her minor children under the following minimum requirements: 23
2788	2787		(1) Ensure opportunities for the minor children to attend in -24
2789	2788		person visitation with their inc arcerated parent at least one (1) time per 25
2790	2789		week unless the department has a reasonable belief that the visitation poses 26
2791	2790		a risk to the safety of the minor child or the security and good order of the 27
2792	2791		facility; 28
2793	2792		(2) Eliminate any restrictions on the number of minor children 29
2794	2793		that are permitted visitation privileges with an inmate; 30
2795	2794		(3) Authorize contact visits for an inmate who is a parent of 31
2796	2795		one (1) or more minor children unless the department has a reasonable belief 32
2797	2796		that contact visitation poses a risk to the safety of the minor child or the 33
2798	2797		security and good order of the facility; 34
2799	2798		(4) Eliminate any restrictions on the number of days on which an 35
2800	2799		inmate may conduct video visitation with a minor child unless restrictions 36 As Engrossed: S3/30/23 H4/5/23 SB495
2801	2800
2802	2801		71 04-05-2023 16:03:12 JLC013
2803	2802
2804	2803
2805	2804		are necessary to maintain the secu rity and good order of the facility; and 1
2806	2805		(5) Require restrictions on an inmate’s visitation with his or 2
2807	2806		her minor children as a disciplinary measure to be subject to a higher level 3
2808	2807		of review than restrictions on visitation with other individuals. 4
2809	2808		5
2810	2809		12-29-803. Inspections by employees of the Department of Corrections. 6
2811	2810		(a) To the greatest extent practicable and consistent with safety and 7
2812	2811		order of the correctional facility, the Secretary of the Department of 8
2813	2812		Corrections shall adopt rules that limit inspe ctions by male correctional 9
2814	2813		officers where a female inmate is in a state of undress. 10
2815	2814		(b) This section does not limit the ability of a male correctional 11
2816	2815		officer to conduct inspections of the area where a female may be in a state 12
2817	2816		of undress if a female co rrectional officer is not available. 13
2818	2817		(c)(1) If a male correctional officer conducts an inspection of an 14
2819	2818		area where a female inmate is in a state of undress, the male correctional 15
2820	2819		officer shall submit a written report within seventy -two (72) hours following 16
2821	2820		the inspection containing a justification for the male correctional officer 17
2822	2821		to inspect the area where the female inmate was located in a state of 18
2823	2822		undress. 19
2824	2823		(2) The report required under subdivision (c)(1) of this section 20
2825	2824		shall be maintained in the female inmate's record. 21
2826	2825		22
2827	2826		12-29-804. Training and technical assistance. 23
2828	2827		(a) The Department of Corrections shall develop and provide to all 24
2829	2828		department employees responsible for the care or custody of pregnant inmates 25
2830	2829		training related to the physical and mental health of pregnant inmates and 26
2831	2830		unborn children, including without limitation the: 27
2832	2831		(1) General care of pregnant women; 28
2833	2832		(2) Impact of restraints on pregnant inmates and unborn 29
2834	2833		children; 30
2835	2834		(3) Impact of being placed in restrictive housing o n pregnant 31
2836	2835		inmates; and 32
2837	2836		(4) Impact of invasive searches on pregnant inmates. 33
2838	2837		(b) The department shall develop and provide educational programming 34
2839	2838		for pregnant inmates related to: 35
2840	2839		(1) Prenatal care; 36 As Engrossed: S3/30/23 H4/5/23 SB495
2841	2840
2842	2841		72 04-05-2023 16:03:12 JLC013
2843	2842
2844	2843
2845	2844		(2) Pregnancy-specific hygiene; 1
2846	2845		(3) Parenting skills; 2
2847	2846		(4) The impact of alcohol and drugs on an unborn child; and 3
2848	2847		(5) The general health of children. 4
2849	2848		5
2850	2849		SECTION 113. Arkansas Code § 14 -14-115(b)(1)(B), concerning the 6
2851	2850		prohibition on holding multiple civil offices, is amended to read as follow s: 7
2852	2851		(B) Member of the Parole Post-Prison Transfer Board; 8
2853	2852		9
2854	2853		SECTION 114. Arkansas Code § 12 -32-101(5), concerning the definitions 10
2855	2854		used in relation to the treatment of female inmates or detainees in 11
2856	2855		correctional facilities, is amended to read as follows: 12
2857	2856		(5) “Post-partum” means, as determined by the physician of the 13
2858	2857		inmate or detainee, the thirty-day eight-week period following delivery of a 14
2859	2858		child, unless a longer period is determined to be necessary by the healthcare 15
2860	2859		professional responsible for the health and safety of the inmate or detainee ; 16
2861	2860		and 17
2862	2861		18
2863	2862		SECTION 115. Arkansas Code § 12 -32-102(d), concerning restraint of a 19
2864	2863		pregnant inmate or detainee, is amended to read as follows: 20
2865	2864		(d) If restraints are used during labor, the Division of Correction or 21
2866	2865		the Division of Community Correction, as applicable, shall report the use of 22
2867	2866		restraints during labor to the Board of Corrections , the Secretary of the 23
2868	2867		Department of Corrections, and to the Attorney General. 24
2869	2868		25
2870	2869		SECTION 116. Arkansas Code § 14 -164-340(b), concerning criminal 26
2871	2870		justice projects that are alternatives to the issuance of bonds, is amended 27
2872	2871		to read as follows: 28
2873	2872		(b) Under this section, the term “capital improvements for criminal 29
2874	2873		justice purposes” means, whether obtained by purchase, lease, construction , 30
2875	2874		reconstruction, restoration, improvement, alteration, repair, or other means, 31
2876	2875		any physical public facility, betterment, or improvement with the purpose of 32
2877	2876		furthering or promoting law enforcement or the apprehension, prosecution, 33
2878	2877		probation, rehabilitation , or detention of any criminals, accused defendants, 34
2879	2878		suspects, or juvenile detainees, and any preliminary plans, studies, or 35
2880	2879		surveys relative thereto; land or rights in land, including, without 36 As Engrossed: S3/30/23 H4/5/23 SB495
2881	2880
2882	2881		73 04-05-2023 16:03:12 JLC013
2883	2882
2884	2883
2885	2884		limitations, leases, air rights, easements, rights -of-way, or licenses; and 1
2886	2885		any furnishings, machinery, vehicles, apparatus, or equipment for any such 2
2887	2886		public facility or betterment or improvement, which shall include, but is not 3
2888	2887		limited to, the following: any and all facilities for city or town halls, 4
2889	2888		courthouses and other administrative, executive, or other public offices for 5
2890	2889		law enforcement officials or agencies; court facilities; jails; police 6
2891	2890		stations and sheriffs' offices; police precincts or sheriffs' stations or 7
2892	2891		substations; law enforcement training facilities; probation or parole 8
2893	2892		community supervision offices and facilities; alternative learning centers; 9
2894	2893		county and municipal criminal detention and correctional facilities; and 10
2895	2894		juvenile detention facilities. 11
2896	2895		12
2897	2896		SECTION 117. Arkansas Code § 16 -1-101(a), concerning recidivism 13
2898	2897		definition and reporting, is amended to read as follows: 14
2899	2898		(a) As used in this title, “recidivism” means a criminal act that 15
2900	2899		results in the rearrest, reconviction, or return to incarceration of a person 16
2901	2900		with or without a new sentence or a revocation from parole or post -release 17
2902	2901		supervision during a three-year period following the person's release from 18
2903	2902		custody. 19
2904	2903		20
2905	2904		SECTION 118. Arkansas Code Title 16, Chapter 10, Subchapter 1, is 21
2906	2905		amended to add additional sections to read as follows: 22
2907	2906		16-10-143. Contracts — Qualified attorneys. 23
2908	2907		(a) As used in this section, "qualified attorney" means an attorney 24
2909	2908		who: 25
2910	2909		(1) Has previously been employed as an attorney by the state 26
2911	2910		regardless of the limitation provided under § 19 -11-709(d); or 27
2912	2911		(2) Is currently serving as a part -time public defender or is 28
2913	2912		otherwise employed by the state as an attorney on a part -time basis. 29
2914	2913		(b) The Director of the Administrative Office of the Courts may employ 30
2915	2914		or enter into a professional service contract with a qualified attorney to 31
2916	2915		serve as a specialty court team member and to represent specialty court 32
2917	2916		participants. 33
2918	2917		(c) The fees for contracted services provided by a qualified attorney 34
2919	2918		under subsection (a) of this section shall be paid from funds appropriate d 35
2920	2919		for that purpose to the Administrative Office of the Courts. 36 As Engrossed: S3/30/23 H4/5/23 SB495
2921	2920
2922	2921		74 04-05-2023 16:03:12 JLC013
2923	2922
2924	2923
2925	2924		(d)(1) A qualified attorney who is employed or contracted by the 1
2926	2925		Administrative Office of the Courts under this section is eligible for 2
2927	2926		additional compensation. 3
2928	2927		(2) Additional compensation received for service under this 4
2929	2928		section as a specialty court team member or to represent specialty court 5
2930	2929		participants shall not be construed as exceeding the line -item maximum for 6
2931	2930		the grade of the qualified attorney’s other part -time position, if any. 7
2932	2931		(e) Any funds appropriated for the purpose of this section remaining 8
2933	2932		on June 30 shall be retained by the Administrative Office of the Court and 9
2934	2933		may be distributed after July 1 as supplemental funding to be used for the 10
2935	2934		expansion or establishment of specialt y court programs in circuit courts. 11
2936	2935		12
2937	2936		16-10-144. Contracts – Qualified treatment providers. 13
2938	2937		(a) The Director of the Administrative Office of the Courts may enter 14
2939	2938		into a professional service contract with a qualified treatment provider to 15
2940	2939		serve as a specialty court team member and to provide behavioral health 16
2941	2940		treatment to specialty court participants. 17
2942	2941		(b) The fees for contracted services provided by a qualified treatment 18
2943	2942		provider shall be paid from funds appropriated for that purpose to the 19
2944	2943		Administrative Office of the Courts. 20
2945	2944		(c) Any funds appropriated for the purpose of this section remaining 21
2946	2945		on June 30 shall be retained by the Administrative Office of the Courts and 22
2947	2946		may be distributed after July 1 as supplemental funding for the expansion or 23
2948	2947		establishment of specialty court programs in circuit courts. 24
2949	2948		25
2950	2949		SECTION 119. Arkansas Code § 16 -17-137(a)(3), concerning areas that 26
2951	2950		may be under the jurisdiction of district court if authorized in judicial 27
2952	2951		district administrative plan, is amended to read as fol lows: 28
2953	2952		(3) A parole or post-release supervision program. 29
2954	2953		30
2955	2954		SECTION 120. Arkansas Code § 16 -21-106(c)(1) and (2), concerning 31
2956	2955		assistance to victims and witnesses of crimes, are amended to read as 32
2957	2956		follows: 33
2958	2957		(c)(1) The prosecuting attorney of the county fr om which the inmate 34
2959	2958		was committed shall notify the Parole Post-Prison Transfer Board at the time 35
2960	2959		of commitment of the desire of the victim or member of the victim's family to 36 As Engrossed: S3/30/23 H4/5/23 SB495
2961	2960
2962	2961		75 04-05-2023 16:03:12 JLC013
2963	2962
2964	2963
2965	2964		be notified of any future parole , post-release supervision, or clemency 1
2966	2965		hearings, and to forward to the board the last known address and telephone 2
2967	2966		number of the victim or member of the victim's family. 3
2968	2967		(2) It shall be the responsibility of the victim or the victim's 4
2969	2968		next of kin to notify the board after the date of commitment of any change in 5
2970	2969		regard to the desire to be notified of any future parole , post-release 6
2971	2970		supervision, or clemency hearings. 7
2972	2971		8
2973	2972		SECTION 121. Arkansas Code § 16 -21-204(b), concerning the duties of 9
2974	2973		the prosecutor coordinator, is amended to add an additional subdivis ion to 10
2975	2974		read as follows: 11
2976	2975		(6)(A) Establish and administer a statewide certified facility 12
2977	2976		dog program to assist child and vulnerable victims and child and vulnerable 13
2978	2977		witnesses throughout the criminal justice system. 14
2979	2978		(B) As used in subdivision (b)(6)(A) of this section, 15
2980	2979		"certified facility dog" means the same as defined in § 16 -43-1002. 16
2981	2980		17
2982	2981		SECTION 122. Arkansas Code § 16 -80-104(c)(2), concerning the 18
2983	2982		comprehensive mental health evaluation for a minor convicted of capital 19
2984	2983		murder or murder in the first degree, is amended to read as follows: 20
2985	2984		(2) Shall be included in any documentation or inmate file kept 21
2986	2985		by the Division of Correction or, if the minor is eventually supervised on 22
2987	2986		parole or post-release supervision, the Division of Community Correction. 23
2988	2987		24
2989	2988		SECTION 123. Arkansas Code § 16 -90-107(b)(2), concerning termination 25
2990	2989		of a sentence of imprisonment by the Post -Prison Transfer Board, is amended 26
2991	2990		to read as follows: 27
2992	2991		(2) At any time after the expiration of the minimum time, upon 28
2993	2992		the recommendation of t he Director of the Department Division of Correction 29
2994	2993		and it appearing that a prisoner has a good record as a convict, his or her 30
2995	2994		sentence may be terminated by the Parole Post-Prison Transfer Board. 31
2996	2995		32
2997	2996		SECTION 124. The introductory language of Arkansas Code § 16-90-33
2998	2997		120(e)(1), concerning the sentencing of a felony offense involving a firearm, 34
2999	2998		is amended to read as follows: 35
3000	2999		(e)(1) For an offense committed on or after July 2, 2007, 36 As Engrossed: S3/30/23 H4/5/23 SB495
3001	3000
3002	3001		76 04-05-2023 16:03:12 JLC013
3003	3002
3004	3003
3005	3004		notwithstanding any law allowing the award of meritorious good time or any 1
3006	3005		other law to the contrary, except as provided in subdivision (e)(1)(B)(ii) of 2
3007	3006		this section, any person who is sentenced under subsection (a) of this 3
3008	3007		section is not eligible for parole , transfer to post-release supervision, or 4
3009	3008		community correction transfer unt il the person serves: 5
3010	3009		6
3011	3010		SECTION 125. Arkansas Code § 16 -90-120, concerning a felony with a 7
3012	3011		firearm, is amended to add an additional subsection to read as follows: 8
3013	3012		(g) Any person convicted under this section is not eligible for early 9
3014	3013		release on parole, t ransfer to post-release supervision, or community 10
3015	3014		correction transfer for the additional period of confinement. 11
3016	3015		12
3017	3016		SECTION 126. Arkansas Code § 16 -90-121 is amended to read as follows: 13
3018	3017		16-90-121. Second or subsequent felony with firearm. 14
3019	3018		Any person who is found guilty of or pleads guilty or nolo contendere 15
3020	3019		to a second or subsequent felony involving the use of a firearm shall be 16
3021	3020		sentenced to a minimum term of imprisonment of ten (10) years in the Division 17
3022	3021		of Correction without eligibility of parole or com munity correction transfer 18
3023	3022		but subject to reduction by meritorious good -time credit or earned release 19
3024	3023		credits. 20
3025	3024		21
3026	3025		SECTION 127. Arkansas Code § 16 -90-402 is amended to read as follows: 22
3027	3026		16-90-402. Delivery of defendant and copy of judgment to proper 23
3028	3027		officials — Development of standardized copy of sentencing order . 24
3029	3028		(a)(1) In executing a judgment of confinement, the county sheriff 25
3030	3029		shall deliver the defendant with a certified standardized copy of the 26
3031	3030		sentencing order to the Division of Correction, Division of Community 27
3032	3031		Correction, or to another detention facility, as indicated in the sentencing 28
3033	3032		order. 29
3034	3033		(2) If electronic filing of court records has been implemented 30
3035	3034		by the circuit clerk in the county where the defendant's conviction occurred, 31
3036	3035		the standardized copy of the sentencing order may be electronically 32
3037	3036		transmitted by the circuit clerk to the Division of Correction, the Division 33
3038	3037		of Community Correction, or to another detention facility , as indicated in 34
3039	3038		the sentencing order. 35
3040	3039		(b) The standardized copy of the sentencing order shall be developed 36 As Engrossed: S3/30/23 H4/5/23 SB495
3041	3040
3042	3041		77 04-05-2023 16:03:12 JLC013
3043	3042
3044	3043
3045	3044		by representatives from the Division of Correction, the Administrative Office 1
3046	3045		of the Courts, the Arkansas Sentencing Commission, and the Prosecut or 2
3047	3046		Coordinator's office a committee composed of: 3
3048	3047		(1) Three (3) members appointed by the Secretary of the 4
3049	3048		Department of Corrections, to include: 5
3050	3049		(A) One (1) member with experience in records for confined 6
3051	3050		offenders; 7
3052	3051		(B) One (1) member with experie nce in records for 8
3053	3052		offenders on supervision; and 9
3054	3053		(C) One (1) member with experience in offender management 10
3055	3054		systems; 11
3056	3055		(2) One (1) member appointed by the Chair of the Arkansas 12
3057	3056		Sentencing Commission; 13
3058	3057		(3) One (1) member appointed by the Administrative Office of the 14
3059	3058		Courts; 15
3060	3059		(4) One (1) member appointed by the Prosecutor Coordinator; and 16
3061	3060		(5) One (1) member appointed by the Executive Director of the 17
3062	3061		Public Defender Commission. 18
3063	3062		19
3064	3063		SECTION 128. DO NOT CODIFY. TEMPORARY LANGUAGE. First meeting of 20
3065	3064		committee to develop standardized sentencing order. 21
3066	3065		(a) The person appointed by the Chair of the Arkansas Sentencing 22
3067	3066		Commission to the committee established under Arkansas Code § 16 -90-402(b) 23
3068	3067		shall call the first meeting of the committee estab lished under Arkansas Code 24
3069	3068		§ 16-90-402(b). 25
3070	3069		(b) At the first meeting of the committee established under Arkansas 26
3071	3070		Code § 16-90-402(b), the members of the committee shall elect a chair and any 27
3072	3071		other officers the committee deems necessary. 28
3073	3072		29
3074	3073		SECTION 129. Arkansas Code § 16-90-802(d)—(f), concerning the Arkansas 30
3075	3074		Sentencing Commission, are amended to read as follows: 31
3076	3075		(d) In furtherance of its purpose, the commission shall have the 32
3077	3076		following powers and duties: 33
3078	3077		(1)(A) The commission shall adopt an initial sentencing 34
3079	3078		standards grid and an offense seriousness reference table based upon the 35
3080	3079		statutory parameters and additional data and information gathered prior to 36 As Engrossed: S3/30/23 H4/5/23 SB495
3081	3080
3082	3081		78 04-05-2023 16:03:12 JLC013
3083	3082
3084	3083
3085	3084		before January 1, 1994. 1
3086	3085		(B) The commission shal l also set the percentage of time 2
3087	3086		within parameters set by law to be served for offenses at each seriousness 3
3088	3087		level prior to before any type of transfer or release; 4
3089	3088		(2)(A) The commission shall periodically review and may revise 5
3090	3089		the voluntary sentencing s tandards. 6
3091	3090		(B) Any revision of the standards shall be in compliance 7
3092	3091		with provisions applicable to rule making contained in the Arkansas 8
3093	3092		Administrative Procedure Act, § 25 -15-201 et seq. 9
3094	3093		(C) Any revision of the standards shall become effective 10
3095	3094		as provided by the Arkansas Administrative Procedure Act, § 25 -15-201 et seq. 11
3096	3095		(D)(i) The revised standards will be in effect unless 12
3097	3096		modified by the General Assembly at its next session or until revised again 13
3098	3097		by the commission. 14
3099	3098		(ii) Any revisions by the commission shall be within 15
3100	3099		the statutory parameters set for the various crime classes . 16
3101	3100		(E) Before review and approval by the Legislative Council 17
3102	3101		under the Administrative Procedure Act, § 25 -15-201 et seq., revisions to the 18
3103	3102		voluntary sentencing standard s shall be reviewed by the House Committee on 19
3104	3103		Judiciary and the Senate Committee on Judiciary ; 20
3105	3104		(3) The commission may review and make recommendations for 21
3106	3105		revision of the § 16 -93-1201 et seq. target group to the General Assembly 22
3107	3106		such that nonviolent off enses and offenders are routinely handled in 23
3108	3107		community correction programs; 24
3109	3108		(4)(A) The commission shall be in charge of strategic planning 25
3110	3109		for a balanced correctional plan for the state. 26
3111	3110		(B) The commission shall develop such a plan in 27
3112	3111		conjunction with the Board of Corrections. 28
3113	3112		(C) The commission shall monitor compliance with 29
3114	3113		sentencing standards, assess their impact on the correctional resources of 30
3115	3114		the state with the assistance of the board, and determine if the standards 31
3116	3115		further the adopted sent encing policy goals of the state; 32
3117	3116		(5) The commission may review the classifications of crimes and 33
3118	3117		sentences and make recommendations for change when supported by information 34
3119	3118		that change is advisable to further the adopted sentencing policy goals of 35
3120	3119		the state; 36 As Engrossed: S3/30/23 H4/5/23 SB495
3121	3120
3122	3121		79 04-05-2023 16:03:12 JLC013
3123	3122
3124	3123
3125	3124		(6)(A) The commission shall develop a research and analysis 1
3126	3125		system to determine the feasibility, impact on resources, and budget 2
3127	3126		consequences of any proposed or existing legislation affecting sentence 3
3128	3127		length. 4
3129	3128		(B) The commission shall prepare and submit to the General 5
3130	3129		Assembly a report on any such legislation prior to before its adoption; 6
3131	3130		(7)(A)(i) All courts having criminal jurisdiction of felony 7
3132	3131		crimes shall provide to the commission in a timely manner all information 8
3133	3132		deemed necessary by t he commission. 9
3134	3133		(ii) Such information shall be in the form 10
3135	3134		determined necessary by the commission. 11
3136	3135		(B) The commission shall have the authority to collect 12
3137	3136		from any state or local governmental entity information, data in electronic 13
3138	3137		or in other usable form, reports, statistics, or such other material which 14
3139	3138		relates to sentencing laws, policies, and practices, or impacts on 15
3140	3139		correctional resources or is necessary to carry out the commission's 16
3141	3140		functions. 17
3142	3141		(C) The commission may coordinate its data collection with 18
3143	3142		the Administrative Office of the Courts, the Arkansas Crime Information 19
3144	3143		Center, the various circuit clerks of the state, and the various state and 20
3145	3144		local correctional agencies; 21
3146	3145		(8) Under its duties outlined in this section, the commission 22
3147	3146		shall be a criminal justice agency, as defined in § 12 -12-1001, as its powers 23
3148	3147		and duties include: 24
3149	3148		(A) Determining transfer eligibility; 25
3150	3149		(B) Gathering, analyzing, and disseminating criminal 26
3151	3150		history information as it relates to sentencing practices, dispositions, and 27
3152	3151		release criteria; and 28
3153	3152		(C) Determining the appropriate use of correctional and 29
3154	3153		rehabilitative resources of the state; 30
3155	3154		(9)(A) Produce annual reports regarding compliance with 31
3156	3155		sentencing guidelines, including the application of volun tary presumptive 32
3157	3156		standards, § 16-90-803, and departures from the standards, § 16 -90-804. 33
3158	3157		(B) The report shall include: 34
3159	3158		(i) Data collected from each county; and 35
3160	3159		(ii) Both a county-by-county and statewide accounting 36 As Engrossed: S3/30/23 H4/5/23 SB495
3161	3160
3162	3161		80 04-05-2023 16:03:12 JLC013
3163	3162
3164	3163
3165	3164		of the results including without limitation: 1
3166	3165		(a) Sentences to the Division of Correction 2
3167	3166		and Division of Community Correction; 3
3168	3167		(b) The average sentence length for sentences 4
3169	3168		by offense type and severity level according to the sentencing guidelines; 5
3170	3169		(c) The percentage of sentences that are an 6
3171	3170		upward departure from the sentencing guidelines; and 7
3172	3171		(d) The average number of months above the 8
3173	3172		recommended sentence for those sentences described in subdivision 9
3174	3173		(d)(9)(B)(ii)(c) of this section. 10
3175	3174		(C) The report filed each year after the initial report 11
3176	3175		submitted under this section shall include data from prior years; 12
3177	3176		(10) (9) Prepare and conduct annual continuing legal education 13
3178	3177		seminars regarding the sentencing guidelines to be presented to judges, 14
3179	3178		prosecuting attorneys and their deputies, and public defenders and their 15
3180	3179		deputies, as so required; and 16
3181	3180		(11)(A) (10) The commission shall collaborate with the 17
3182	3181		Administrative Office of the Courts to develop and implement an integrated 18
3183	3182		sentencing commitment and departure f orm order that shall include: 19
3184	3183		(i)(A) Demographic information including the race and 20
3185	3184		ethnicity of both the offender and the victim or victims; 21
3186	3185		(ii)(B) The placement decision; 22
3187	3186		(iii)(C) Sentence length; 23
3188	3187		(iv)(D) Any departure from the sentencin g guidelines on 24
3189	3188		placement and sentence length; 25
3190	3189		(v)(E) The number of months above or below the presumptive 26
3191	3190		sentence; 27
3192	3191		(vi)(F) Justification for the departure; and 28
3193	3192		(vii)(G) A signature space for the judge and the 29
3194	3193		prosecuting attorney to sign off o n the contents of the form. 30
3195	3194		(B) The commission shall begin using the new form on 31
3196	3195		January 1, 2012. 32
3197	3196		(C)(i) Forms are to be collected annually and sent to the 33
3198	3197		Administrative Office of the Courts. 34
3199	3198		(ii) Data from the forms shall be collected and 35
3200	3199		submitted to the Chair of the House Committee on Judiciary and the Chair of 36 As Engrossed: S3/30/23 H4/5/23 SB495
3201	3200
3202	3201		81 04-05-2023 16:03:12 JLC013
3203	3202
3204	3203
3205	3204		the Senate Committee on Judiciary. , 1
3206	3205		(11) Coordinate with Director of the Arkansas Sentencing 2
3207	3206		Commission, the Division of Correct ion, and the Division of Community 3
3208	3207		Correction to develop policy to ensure that the intake process best utilizes 4
3209	3208		beds in nontraditional correctional facilities, including without limitation 5
3210	3209		community correction centers, work release centers, and reentry fac ilities; 6
3211	3210		and 7
3212	3211		(12) Upon the enactment of any legislation amending release 8
3213	3212		eligibility provisions for felony offenses, review the statutory ranges and 9
3214	3213		presumptive sentences of impacted offense classes or rankings and provide a 10
3215	3214		report on its findings to the Secretary of the Department of Corrections and 11
3216	3215		to the Legislative Council. 12
3217	3216		(e)(1) The commission shall meet no less than quarterly. 13
3218	3217		(2)(A) The commission shall submit to the Governor, the General 14
3219	3218		Assembly, and the Arkansas Judicial Council, Inc. a biennial report three (3) 15
3220	3219		months prior to before the convening of the regular session. 16
3221	3220		(B) The report shall include a summary of the co mmission 17
3222	3221		proceedings, summary of compliance with the voluntary sentencing standards 18
3223	3222		and recommendations for legislative and administrative action. 19
3224	3223		(f)(1) The commission shall employ a director from candidates 20
3225	3224		presented to it by the Chair of the Arkansas Sentencing Commission in 21
3226	3225		consultation with the Secretary of the Department of Corrections. 22
3227	3226		(2) The Director of the Arkansas Sentencing Commission shall 23
3228	3227		have appropriate training and experience to assist the commission in the 24
3229	3228		performance of its duties. 25
3230	3229		(3) The director shall be responsible for compiling the work of 26
3231	3230		the commission and drafting suggested legislation incorporating the 27
3232	3231		commission's findings for submission to the General Assembly. 28
3233	3232		(4) The director shall serve at the pleasure of the Secre tary of 29
3234	3233		the Department of Corrections. 30
3235	3234		31
3236	3235		SECTION 130. Arkansas Code § 16 -90-803(b)(1), concerning voluntary 32
3237	3236		presumptive sentencing standards, is amended to read as follows: 33
3238	3237		(b) The two (2) dimensions of the sentencing standards grid represent 34
3239	3238		the primary determinants of a sentence, offense seriousness and offender 35
3240	3239		history. 36 As Engrossed: S3/30/23 H4/5/23 SB495
3241	3240
3242	3241		82 04-05-2023 16:03:12 JLC013
3243	3242
3244	3243
3245	3244		(1) Offense Seriousness. The offense seriousness level is 1
3246	3245		determined by the offense of conviction or the offense of which the person 2
3247	3246		was found guilty or to which the person pleade d guilty or nolo contendere. 3
3248	3247		(A) Felony offenses are divided into ten (10) levels of 4
3249	3248		ranked by seriousness, ranging from low, seriousness level I, to high, 5
3250	3249		seriousness level X with lower seriousness levels representing less serious 6
3251	3250		offenses. 7
3252	3251		(B) The typical cases for the offenses listed within each 8
3253	3252		level of seriousness on a grid are deemed to be generally equivalent in 9
3254	3253		seriousness. 10
3255	3254		(C) The most frequently occurring offenses within each 11
3256	3255		seriousness level are listed on the vertical axis of the sen tencing standards 12
3257	3256		grid. 13
3258	3257		(D) The seriousness level for infrequently occurring 14
3259	3258		offenses can be determined by consulting the offense seriousness reference 15
3260	3259		table. 16
3261	3260		(E) The seriousness level for inchoate offenses is one (1) 17
3262	3261		level below the level for subs tantive offenses. 18
3263	3262		19
3264	3263		SECTION 131. Arkansas Code § 16 -90-803(b)(2)(C)(iv), concerning the 20
3265	3264		voluntary presumptive standards of the seriousness grid for determining the 21
3266	3265		seriousness of offenses, is amended to read as follows: 22
3267	3266		(iv) One (1) point is to be added to an offender's 23
3268	3267		score if the offender is under any type of criminal justice restraint for a 24
3269	3268		felony offense at the time that he or she committed the crime for which he or 25
3270	3269		she is being sentenced. Such restraint includes without limitation pretrial 26
3271	3270		bond, suspended imposition of sentence, probation, parole, postprison 27
3272	3271		supervision, and release pending sentencing for a prior crime; 28
3273	3272		29
3274	3273		SECTION 132. Arkansas Code § 16 -90-1109(b)(1), concerning the right of 30
3275	3274		a crime victim to inform ation concerning confinement or commitment, is 31
3276	3275		amended to read as follows: 32
3277	3276		(b)(1) At least thirty (30) days before a Parole Post-Prison Transfer 33
3278	3277		Board hearing concerning the defendant, if requested by the victim, the board 34
3279	3278		shall inform the victim of the hearing and of the victim's right to submit to 35
3280	3279		the board a victim impact statement and shall promptly inform the victim of 36 As Engrossed: S3/30/23 H4/5/23 SB495
3281	3280
3282	3281		83 04-05-2023 16:03:12 JLC013
3283	3282
3284	3283
3285	3284		any decision of the board. 1
3286	3285		2
3287	3286		SECTION 133. Arkansas Code § 16 -90-1109(b)(2)(B), concerning the right 3
3288	3287		of a crime victim to information concerning confinement or commitment, is 4
3289	3288		amended to read as follows: 5
3290	3289		(B) It is the responsibility of the victim or his or her 6
3291	3290		next of kin to notify the board after the date of commitment of any change in 7
3292	3291		regard to the desire to be notified of any futu re parole or post-release 8
3293	3292		supervision hearings. 9
3294	3293		10
3295	3294		SECTION 134. Arkansas Code § 16 -90-1113(a)(1)(A), concerning a victim 11
3296	3295		impact statement to be considered during a parole or post -release hearing, is 12
3297	3296		amended to read as follows: 13
3298	3297		(a)(1)(A) Before determinin g whether to release the inmate on parole, 14
3299	3298		the Parole Post-Prison Transfer Board shall permit the victim to present a 15
3300	3299		written victim impact statement at a victim impact hearing concerning the 16
3301	3300		effects of the crime on the victim, the circumstances surroundin g the crime, 17
3302	3301		the manner in which the crime was perpetrated, and the victim's opinion 18
3303	3302		regarding whether the inmate should be released on parole. 19
3304	3303		20
3305	3304		SECTION 135. The introductory language of Arkansas Code § 16 -90-21
3306	3305		1113(c), concerning a victim impact statement to be considered during a 22
3307	3306		parole or post-release hearing, is amended to read as follows: 23
3308	3307		(c) In deciding whether to release an inmate on parole or post-release 24
3309	3308		supervision, the board shall consider among other factors: 25
3310	3309		26
3311	3310		SECTION 136. The introductory l anguage of Arkansas Code § 16 -90-27
3312	3311		1303(a), concerning the procedure for credits earned toward discharge and 28
3313	3312		completion of a sentence, is amended to read as follows: 29
3314	3313		(a) If a person is incarcerated for an eligible felony, whether by an 30
3315	3314		immediate commitment or after his or her probation is revoked, and after he 31
3316	3315		or she is moved to community supervision through parole or transfer by the 32
3317	3316		Parole Post-Prison Transfer Board, or if he or she is placed on probation, he 33
3318	3317		or she is immediately eligible to begin earning daily credits that shall 34
3319	3318		count toward reducing the number of days he or she is otherwise required to 35
3320	3319		serve until he or she has completed the sentence. 36 As Engrossed: S3/30/23 H4/5/23 SB495
3321	3320
3322	3321		84 04-05-2023 16:03:12 JLC013
3323	3322
3324	3323
3325	3324		1
3326	3325		SECTION 137. Arkansas Code § 16 -90-1303(b)(1), concerning the 2
3327	3326		procedure for credits earned toward dis charge and completion of a sentence, 3
3328	3327		is amended to read as follows: 4
3329	3328		(b)(1) Credits equal to thirty (30) days per month for every month 5
3330	3329		that the offender complies with court -ordered conditions and a set of 6
3331	3330		predetermined criteria established by the Department Division of Community 7
3332	3331		Correction in consultation with judges, prosecuting attorneys, and defense 8
3333	3332		counsel shall accrue while the person is on community supervision, including 9
3334	3333		without limitation parole, post-release supervision, or probation. 10
3335	3334		11
3336	3335		SECTION 138. Arkansas Code § 16 -90-1303(b)(2), concerning the 12
3337	3336		procedure for credits earned toward discharge and completion of a sentence, 13
3338	3337		is amended to read as follows: 14
3339	3338		(2) The department division shall calculate the number of days 15
3340	3339		the person has remaining to serve on parole, post-release supervision, or 16
3341	3340		probation before that person completes his or her sentence. 17
3342	3341		18
3343	3342		SECTION 139. Arkansas Code § 16 -90-1303(c)(2), concerning the 19
3344	3343		procedure for credits earned toward discharge and completion of a sentence, 20
3345	3344		is amended to read as follows: 21
3346	3345		(2) A person convicted of another felony offense while on 22
3347	3346		parole, post-release supervision, or probation may result in the forfeiture 23
3348	3347		of any credits earned under this subchapter. 24
3349	3348		25
3350	3349		SECTION 140. Arkansas Code § 16-90-1304(b)(1)(B), concerning entities 26
3351	3350		required to be notified of an application for discharge and completion of a 27
3352	3351		sentence, is amended to read as follows: 28
3353	3352		(B) The Parole Post-Prison Transfer Board. 29
3354	3353		30
3355	3354		SECTION 141. Arkansas Code § 16-90-1305(c), concerning notice and 31
3356	3355		effect of discharge and completion of a sentence, is amended to read as 32
3357	3356		follows: 33
3358	3357		(c) A person who earns discharge and completion of his or her sentence 34
3359	3358		under this subchapter is considered as having completed his or her sentence 35
3360	3359		in full and is not subject t o parole, post-release supervision, or probation 36 As Engrossed: S3/30/23 H4/5/23 SB495
3361	3360
3362	3361		85 04-05-2023 16:03:12 JLC013
3363	3362
3364	3363
3365	3364		revocation for those sentences. 1
3366	3365		2
3367	3366		SECTION 142. Arkansas Code § 16-90-1404(1)(C)(i), concerning the 3
3368	3367		definition of "completion of a person's sentence" under the Comprehensive 4
3369	3368		Criminal Record Sealing Act of 20 13 , is amended to read as follows: 5
3370	3369		(i) Has been discharged from probation , or parole, 6
3371	3370		or post-release supervision; 7
3372	3371		8
3373	3372		SECTION 143. Arkansas Code § 16-90-1404(1)(C)(vii), concerning the 9
3374	3373		definition of "completion of a person's sentence" under the Comprehensive 10
3375	3374		Criminal Record Sealing Act of 2013, is amended to read as follows: 11
3376	3375		(vii) Completed any vocational or technical 12
3377	3376		education or training program that was required as a condition of the 13
3378	3377		person's parole, post-release supervision, or probation; 14
3379	3378		15
3380	3379		SECTION 144. The introductory language of Arkansas Code § 16-93-16
3381	3380		101(3)(D), concerning conduct that constitutes a "detriment to the community" 17
3382	3381		in relation to the definitions applicable to community supervision, is 18
3383	3382		amended to read as follows: 19
3384	3383		(D) During the three (3) calendar years before the 20
3385	3384		person's parole or post-release supervision hearing: 21
3386	3385		22
3387	3386		SECTION 145. Arkansas Code § 16-93-101(5)(G), concerning options for 23
3388	3387		"intermediate sanctions" in relation to the definitions applicable to 24
3389	3388		community supervision, is amended to read as follows: 25
3390	3389		(G) Reporting requirements to probation or parole 26
3391	3390		community supervision officers; 27
3392	3391		28
3393	3392		SECTION 146. Arkansas Code § 16-93-101(6), concerning the definitions 29
3394	3393		applicable to community supervision, is amended to r ead as follows: 30
3395	3394		(6) “Jacket review” means the review of the file of a transfer -31
3396	3395		eligible inmate located at any correctional facility in the state by an 32
3397	3396		individual staff member or team of staff members of the Division of Community 33
3398	3397		Correction for purposes of preparing the inmate's application for parole or 34
3399	3398		post-release supervision consideration by the Parole Post-Prison Transfer 35
3400	3399		Board; 36 As Engrossed: S3/30/23 H4/5/23 SB495
3401	3400
3402	3401		86 04-05-2023 16:03:12 JLC013
3403	3402
3404	3403
3405	3404		1
3406	3405		SECTION 147. Arkansas Code § 16-93-101(11) concerning the definitions 2
3407	3406		applicable to community supervision, is amended to read as follows: 3
3408	3407		(11) “Serious conditions violation” means a violation of the 4
3409	3408		conditions of a parolee's parole or probationer's probation community 5
3410	3409		supervision that results from the parolee's or probationer's offender's 6
3411	3410		absenting himself or herself from supervision for a period of six (6) months 7
3412	3411		or more or an arrest for a misdemeanor offense that does not involve: 8
3413	3412		(A) An act involving a violent misdemeanor that provides 9
3414	3413		the prosecuting attorney with the option to rev oke the probationer's 10
3415	3414		probation or parolee's parole offender's community supervision , or allow the 11
3416	3415		Division of Community Correction to utilize the sanctions provided under this 12
3417	3416		chapter; 13
3418	3417		(B) An offense for which a conviction would require the 14
3419	3418		person to register as a sex offender under the Sex Offender Registration Act 15
3420	3419		of 1997, § 12-12-901 et seq.; 16
3421	3420		(C) A misdemeanor offense of harassment or stalking or 17
3422	3421		that contains a threat of violence to a victim, or a threat of violence to a 18
3423	3422		family member of the vi ctim of the offense for which the defendant was placed 19
3424	3423		on probation or parole community supervision ; 20
3425	3424		(D) A misdemeanor offense of driving or boating while 21
3426	3425		intoxicated, § 5-65-103, when the probationer or parolee offender on 22
3427	3426		community supervision is currently being supervised for a felony offense of § 23
3428	3427		5-65-103, § 5-10-104, or § 5-10-105, and the felony offense was alcohol -24
3429	3428		related or drug-related; or 25
3430	3429		(E) Except for an offense under the Uniform Controlled 26
3431	3430		Substances Act, § 5-64-101 et seq., a misdemean or offense that is a lesser 27
3432	3431		included offense or falls within the same chapter of the Arkansas Criminal 28
3433	3432		Code of the offense for which the defendant was placed on probation or parole 29
3434	3433		community supervision ; 30
3435	3434		31
3436	3435		SECTION 148. Arkansas Code § 16-93-101(12)(A), concerning the 32
3437	3436		definition of "technical conditions violation" applicable to community 33
3438	3437		supervision, is amended to read as follows: 34
3439	3438		(A) A violation of the conditions of a parolee's parole or 35
3440	3439		a probationer's probation an offender's community supervision that results 36 As Engrossed: S3/30/23 H4/5/23 SB495
3441	3440
3442	3441		87 04-05-2023 16:03:12 JLC013
3443	3442
3444	3443
3445	3444		from a noncriminal act or positive drug screen; or 1
3446	3445		2
3447	3446		SECTION 149. Arkansas Code § 16 -93-101, concerning the definitions 3
3448	3447		that are applicable to community supervision, is amended to add an additional 4
3449	3448		subdivision to read as follows: 5
3450	3449		(15) "Community supervision" means a period of supervision of an 6
3451	3450		offender in the community and includes without limitation probation, parole, 7
3452	3451		and post-release supervision. 8
3453	3452		9
3454	3453		SECTION 150. Arkansas Code § 16-93-103, is amended to read as follows: 10
3455	3454		16-93-103. Authority of officers to make arrests and carry firearms. 11
3456	3455		(a) A probation officer appointed by a circuit court or district 12
3457	3456		court, excluding a juvenile probation officer, and a parole and probation 13
3458	3457		community supervision officer employed by the Division of Communit y 14
3459	3458		Correction who is a currently certified law enforcement officer may execute, 15
3460	3459		serve, and return all lawful warrants of arrest issued by the State of 16
3461	3460		Arkansas or any political subdivision of the state and are otherwise 17
3462	3461		authorized to make lawful arrests as is any law enforcement officer of the 18
3463	3462		State of Arkansas. 19
3464	3463		(b) A parole and probation community supervision officer either 20
3465	3464		employed by the division or another entity authorized to employ a parole and 21
3466	3465		probation community supervision officer may carry a: 22
3467	3466		(1) Firearm during all hours in which he or she is actively 23
3468	3467		engaged in the obligations and duties of the office to which he or she is 24
3469	3468		appointed or employed, pursuant to selection and training requirements under 25
3470	3469		§§ 12-9-104, 12-9-106, and 12-9-107; and 26
3471	3470		(2) Nonstate-issued firearm during all hours in which he or she 27
3472	3471		is not actively pursuing the obligations and duties of the office to which he 28
3473	3472		or she is appointed. 29
3474	3473		(c) A parole and probation community supervision officer employed by 30
3475	3474		the division may also carry: 31
3476	3475		(1) A nonstate-issued firearm as a secondary weapon while 32
3477	3476		actively engaged in the duties of the office to which he or she is appointed 33
3478	3477		or employed; and 34
3479	3478		(2) A state-issued firearm during all hours in which he or she 35
3480	3479		is not actively engaged in the duties of the office to which he or she is 36 As Engrossed: S3/30/23 H4/5/23 SB495
3481	3480
3482	3481		88 04-05-2023 16:03:12 JLC013
3483	3482
3484	3483
3485	3484		appointed or employed, except that a parole and probation community 1
3486	3485		supervision officer may not carry a firearm issued by the division while the 2
3487	3486		parole and probation community supervision officer is actively w orking at 3
3488	3487		employment other than for the division. 4
3489	3488		5
3490	3489		SECTION 151. Arkansas Code § 16-93-104(a)(1), concerning the 6
3491	3490		supervision fee to be paid by offenders on release, is amended to read as 7
3492	3491		follows: 8
3493	3492		(a)(1) An offender on probation, parole, post-release supervision, or 9
3494	3493		transfer under supervision of the Division of Community Correction shall pay 10
3495	3494		to the division a monthly supervision fee. 11
3496	3495		12
3497	3496		SECTION 152. Arkansas Code § 16-93-104(c), concerning the supervision 13
3498	3497		fee to be paid by offenders on release, is amended to read as follows: 14
3499	3498		(c)(1) The offender on parole or post-release supervision may be 15
3500	3499		imprisoned for violation of parole or post-release supervision if the 16
3501	3500		offender is financially able to make the payments and if the payments are not 17
3502	3501		made and the Parole Post-Prison Transfer Board so finds, subject to the 18
3503	3502		limitations set out in this subsection. 19
3504	3503		(2) The offender shall not be imprisoned if the offender is 20
3505	3504		financially unable to make the payments and states so under oath to the 21
3506	3505		Parole Post-Prison Transfer Board in writing, and the Parole Post-Prison 22
3507	3506		Transfer Board so finds. 23
3508	3507		24
3509	3508		SECTION 153. Arkansas Code § 16 -93-106(a)(1), concerning the 25
3510	3509		warrantless search of a person on probation or parole, is amended to read as 26
3511	3510		follows: 27
3512	3511		(a)(1) A person who is placed on su pervised probation or is released 28
3513	3512		on parole or post-release supervision under this chapter is required to agree 29
3514	3513		to a waiver as a condition of his or her supervised probation , or parole, or 30
3515	3514		post-release supervision that allows any certified law enforcement officer or 31
3516	3515		Division of Community Correction officer to conduct a warrantless search of 32
3517	3516		his or her person, place of residence, or motor vehicle, or other real or 33
3518	3517		personal property, including without limitation a cellular or electronic 34
3519	3518		device under his or he r control or possession, at any time, day or night, 35
3520	3519		whenever requested by the certified law enforcement officer or division 36 As Engrossed: S3/30/23 H4/5/23 SB495
3521	3520
3522	3521		89 04-05-2023 16:03:12 JLC013
3523	3522
3524	3523
3525	3524		officer. 1
3526	3525		2
3527	3526		SECTION 154. Arkansas Code § 16-93-106(b), concerning warrantless 3
3528	3527		searches of offenders on community supervision, is amended to read as 4
3529	3528		follows: 5
3530	3529		(b)(1) A person who will be placed on supervised probation , or parole, 6
3531	3530		or post-release supervision and is required to agree to the waiver required 7
3532	3531		by this section shall acknowledge and sign the waiver. 8
3533	3532		(2) If the person fails to acknowledge and sign the waiver 9
3534	3533		required by this section, he or she is ineligible to be placed on supervised 10
3535	3534		probation, or parole, or post-release supervision. 11
3536	3535		12
3537	3536		SECTION 155. Arkansas Code § 16-93-107(b), concerning Medicaid 13
3538	3537		eligibility of offenders on community supervision, is amended to read as 14
3539	3538		follows: 15
3540	3539		(b) If an inmate nearing release from incarceration, parolee, offender 16
3541	3540		on post-release supervision, or probationer receives medical services, 17
3542	3541		including substance abuse and mental health treatment, th at meet criteria for 18
3543	3542		Medicaid coverage, the parole officer, probation community supervision 19
3544	3543		officer, or Division of Correction official or Division of Community 20
3545	3544		Correction official may apply for Medicaid coverage for the inmate nearing 21
3546	3545		release from incarce ration, parolee, offender on post-release supervision, or 22
3547	3546		probationer under this section. 23
3548	3547		24
3549	3548		SECTION 156. The introductory language of Arkansas Code § 16-93-25
3550	3549		107(c)(2), concerning Medicaid eligibility of offenders on community 26
3551	3550		supervision, is amended to read as follows: 27
3552	3551		(2) However, the parole officer, probation community supervision 28
3553	3552		officer, or Division of Correction official or Division of Community 29
3554	3553		Correction official shall be the authorized representative for purposes of 30
3555	3554		establishing and maintaining M edicaid eligibility under this subsection if: 31
3556	3555		32
3557	3556		SECTION 157. Arkansas Code § 16-93-107(e)(1), concerning Medicaid 33
3558	3557		eligibility of offenders on community supervision, is amended to read as 34
3559	3558		follows: 35
3560	3559		(e)(1) The parole officer, probation community supervisio n officer, or 36 As Engrossed: S3/30/23 H4/5/23 SB495
3561	3560
3562	3561		90 04-05-2023 16:03:12 JLC013
3563	3562
3564	3563
3565	3564		Division of Correction official or Division of Community Correction official 1
3566	3565		or the designee of the parole officer, probation community supervision 2
3567	3566		officer, or Division of Correction official or Division of Community 3
3568	3567		Correction official may a ccess information necessary to determine if a 4
3569	3568		Medicaid application has been filed on behalf of the inmate nearing release 5
3570	3569		from incarceration, parolee, offender on post-release supervision, or 6
3571	3570		probationer. 7
3572	3571		8
3573	3572		SECTION 158. Arkansas Code § 16-93-111, is amended to read as follows: 9
3574	3573		16-93-111. Parole or probation prohibitions for sex offenses. 10
3575	3574		A person required to register as a sex offender under the Sex Offender 11
3576	3575		Registration Act of 1997, § 12 -12-901 et seq., who is under felony probation 12
3577	3576		or released on parole or post-release supervision shall have as a term and 13
3578	3577		condition of his or her probation , or parole, or post-release supervision a 14
3579	3578		prohibition against recording a person under fourteen (14) years of age under 15
3580	3579		§ 5-14-137 if he or she is assessed as a Level 3 or Level 4 offender. 16
3581	3580		17
3582	3581		SECTION 159. DO NOT CODIFY. As of the effective date of this act, the 18
3583	3582		Parole Board shall be known as the Post -Prison Transfer Board. 19
3584	3583		20
3585	3584		SECTION 160. Arkansas Code § 16-93-201(a)(1), concerning the creation 21
3586	3585		and makeup of the Post-Prison Transfer Board, is amended to read as follows: 22
3587	3586		(a)(1) There is created the Parole Post-Prison Transfer Board, to be 23
3588	3587		composed of seven (7) members to be appointed from the state at large by the 24
3589	3588		Governor and confirmed by the Senate. 25
3590	3589		26
3591	3590		SECTION 161. Arkansas Code § 16-93-201(a)(2)(A)(ii)(b), concerning the 27
3592	3591		requirements for members of the Post -Prison Transfer Board, is amended to 28
3593	3592		read as follows: 29
3594	3593		(b) A member may engage in employment that has 30
3595	3594		a limited time commitment with approval from t he Chair of the Parole Post-31
3596	3595		Prison Transfer Board. 32
3597	3596		33
3598	3597		SECTION 162. Arkansas Code § 16-93-201(a)(4)(A)(i), concerning 34
3599	3598		experience required for members of the Post -Prison Transfer Board, is amended 35
3600	3599		to read as follows: 36 As Engrossed: S3/30/23 H4/5/23 SB495
3601	3600
3602	3601		91 04-05-2023 16:03:12 JLC013
3603	3602
3604	3603
3605	3604		(i) Parole or post-release supervision; 1
3606	3605		2
3607	3606		SECTION 163. Arkansas Code § 16-93-202(a), concerning the official 3
3608	3607		seal of the Post-Prison Transfer Board, is amended to read as follows: 4
3609	3608		(a) The Parole Post-Prison Transfer Board shall adopt an official seal 5
3610	3609		of which the courts shall tak e judicial notice. 6
3611	3610		7
3612	3611		SECTION 164. Arkansas Code § 16-93-202(c)(2), concerning reports 8
3613	3612		required for the Post -Prison Transfer Board, is amended to read as follows: 9
3614	3613		(2) The report shall be directed to the Governor and to the 10
3615	3614		General Assembly and shall con tain statistical and other data concerning its 11
3616	3615		work, including research studies which it may make on parole , post-release 12
3617	3616		supervision, or related functions. 13
3618	3617		14
3619	3618		SECTION 165. Arkansas Code § 16-93-202(e)(1)(A), concerning access by 15
3620	3619		the General Assembly to re cords of the Post-Prison Transfer Board, is amended 16
3621	3620		to read as follows: 17
3622	3621		(e)(1)(A) Upon written request, a member of the General Assembly or an 18
3623	3622		employee of the House of Representatives, the Senate, or the Bureau of 19
3624	3623		Legislative Research acting on the membe r's behalf may view all 20
3625	3624		classification, disciplinary, demographic, and parole, and post-release 21
3626	3625		supervision hearing records of a current or former inmate , or parolee, or 22
3627	3626		offender on post-release supervision who is currently or was formerly granted 23
3628	3627		parole or post-release supervision by the board. 24
3629	3628		25
3630	3629		SECTION 166. Arkansas Code § 16-93-203(1), concerning the duty of 26
3631	3630		corrections officials to cooperate with the Post -Prison Transfer Board, is 27
3632	3631		amended to read as follows: 28
3633	3632		(1) Grant access at all reasonable time s to any prisoner over 29
3634	3633		whom the Parole Post-Prison Transfer Board has jurisdiction under this 30
3635	3634		chapter to the members of the board or its properly accredited 31
3636	3635		representatives; 32
3637	3636		33
3638	3637		SECTION 167. Arkansas Code § 16 -93-204(a)(2) and (3), concerning 34
3639	3638		executive clemency, are amended to read as follows: 35
3640	3639		(2) An applicant shall obtain and include with his or her 36 As Engrossed: S3/30/23 H4/5/23 SB495
3641	3640
3642	3641		92 04-05-2023 16:03:12 JLC013
3643	3642
3644	3643
3645	3644		application a certified copy of the applicant's judgment and commitment 1
3646	3645		sentencing order or comparable document. 2
3647	3646		(3) Applications shall be referred to the Parole Post-Prison 3
3648	3647		Transfer Board for investigation. 4
3649	3648		5
3650	3649		SECTION 168. Arkansas Code § 16 -93-205, is amended to read as follows: 6
3651	3650		16-93-205. Parole of Arkansas inmates in out -of-state prisons. 7
3652	3651		(a) The Parole Post-Prison Transfer Board may request the appropriate 8
3653	3652		board or commission having jurisdiction over parole , post-release 9
3654	3653		supervision, or transfer matters in other states or the United States Parole 10
3655	3654		Commission to make recommendations concerning whether Arkansa s inmates 11
3656	3655		confined in prison systems of the other states or in federal prisons should 12
3657	3656		be granted parole, post-release supervision, or transfer when eligible under 13
3658	3657		Arkansas law. 14
3659	3658		(b) The Parole Post-Prison Transfer Board may take action at its 15
3660	3659		option on the application of an inmate for parole , post-release supervision, 16
3661	3660		or transfer, using as its criteria the recommendations received from the 17
3662	3661		appropriate board or commission of the other states or the United States 18
3663	3662		Parole Commission in lieu of the personal appearance before the Parole Post-19
3664	3663		Prison Transfer Board of the inmate seeking parole , post-release supervision, 20
3665	3664		or transfer. 21
3666	3665		22
3667	3666		SECTION 169. Arkansas Code § 16 -93-206, is amended to read as follows: 23
3668	3667		16-93-206. Parole revocation review — Jurisdiction. 24
3669	3668		(a) The Parole Post-Prison Transfer Board shall serve as the 25
3670	3669		revocation review board for any person subject to either parole , post-release 26
3671	3670		supervision, or transfer from prison. 27
3672	3671		(b) Revocation proceedings for either p arole, post-release 28
3673	3672		supervision, or transfer shall follow all legal requirements applicable to 29
3674	3673		parole, post-release supervision, or transfer and shall be subject to any 30
3675	3674		additional policies and rules set by the board. 31
3676	3675		32
3677	3676		SECTION 170. Arkansas Code § 16 -93-207(b), concerning an application 33
3678	3677		for pardon, commutation of sentence, and remission of fines and forfeitures, 34
3679	3678		is amended to read as follows: 35
3680	3679		(b) If the Governor does not grant an application for pardon, 36 As Engrossed: S3/30/23 H4/5/23 SB495
3681	3680
3682	3681		93 04-05-2023 16:03:12 JLC013
3683	3682
3684	3683
3685	3684		commutation of sentence, or remission of fine or fo rfeiture within two 1
3686	3685		hundred forty (240) days of the Governor's receipt of the recommendation of 2
3687	3686		the Parole Post-Prison Transfer Board regarding the application, the 3
3688	3687		application shall be deemed denied by the Governor, and any pardon, 4
3689	3688		commutation of sentence , or remission of fine or forfeiture granted after the 5
3690	3689		two-hundred-forty-day period shall be null and void. 6
3691	3690		7
3692	3691		SECTION 171. Arkansas Code § 16 -93-207(c)(1), concerning applications 8
3693	3692		for pardon, commutation of sentence, and remission of fines and forfeitures , 9
3694	3693		is amended to read as follows: 10
3695	3694		(c)(1)(A) Except as provided in subdivision (c)(3) and subsection (d) 11
3696	3695		of this section, if an application for pardon, commutation of sentence, or 12
3697	3696		remission of fine or forfeiture is denied in writing by the Governor, the 13
3698	3697		person filing the application shall not be eligible to file a new application 14
3699	3698		for pardon, commutation of sentence, or remission of fine or forfeiture 15
3700	3699		related to the same offense for a period of four (4) five (5) years from the 16
3701	3700		date of filing the application that was denied the denial. 17
3702	3701		(B) Any person who made an application for pardon, 18
3703	3702		commutation of sentence, or remission of fine or forfeiture that was denied 19
3704	3703		on or after July 1, 2004, shall be eligible to file a new application four 20
3705	3704		(4) years after the date of filing the application that was denied. 21
3706	3705		22
3707	3706		SECTION 172. Arkansas Code § 16 -93-207(d)(1), concerning applications 23
3708	3707		for pardon, commutation of sentence, and remission of fines and forfeitures, 24
3709	3708		is amended to read as follows: 25
3710	3709		(d)(1) Except as provided in subdivision (d)(3) of this section, if an 26
3711	3710		application for pardon, commutation of sentence, or remission of fine or 27
3712	3711		forfeiture of a person sentenced to life imprisonment without parole is 28
3713	3712		denied in writing by the Governor, the person filing the applicat ion shall 29
3714	3713		not be eligible to file a new application for pardon, commutation of 30
3715	3714		sentence, or remission of fine or forfeiture related to the same offense for 31
3716	3715		a period of: 32
3717	3716		(A) Six (6) Seven (7) years from the date of the denial; 33
3718	3717		or 34
3719	3718		(B) Eight (8) Nine (9) years from the date of the denial 35
3720	3719		if the applicant is serving a sentence of life without parole for capital 36 As Engrossed: S3/30/23 H4/5/23 SB495
3721	3720
3722	3721		94 04-05-2023 16:03:12 JLC013
3723	3722
3724	3723
3725	3724		murder, § 5-10-101. 1
3726	3725		2
3727	3726		SECTION 173. Arkansas Code § 16 -93-208, is amended to read as follows: 3
3728	3727		16-93-208. Services and equipment. 4
3729	3728		The Division of Correction and the Division of Community Correction may 5
3730	3729		provide services, furnishings, equipment, and office space to assist the 6
3731	3730		Parole Post-Prison Transfer Board in fulfilling the purposes for which the 7
3732	3731		board was created by law. 8
3733	3732		9
3734	3733		SECTION 174. Arkansas Code § 16-93-210, is amended to read as follows: 10
3735	3734		16-93-210. Monthly performance report on parole and post-release 11
3736	3735		supervision applications and outcome — Reports concerning administrative 12
3737	3736		directives filed with Legislative Council. 13
3738	3737		(a)(1) The Parole Post-Prison Transfer Board shall submit a monthly 14
3739	3738		report to the chairs of the House Committee on Judiciary and the Senate 15
3740	3739		Committee on Judiciary, the Legislative Council, the Board of Corrections, 16
3741	3740		and the Governor, showing the number of persons who make application for 17
3742	3741		parole or post-release supervision and those who are granted or denied parole 18
3743	3742		or post-release supervision during the previous month for each criminal 19
3744	3743		offense classification. 20
3745	3744		(2) The report shall include a breakdown by race of all persons 21
3746	3745		sentenced in each cri minal offense classification. 22
3747	3746		(3) The report shall include the reason for each denial of 23
3748	3747		parole or post-release supervision, the results of the risk -needs assessment, 24
3749	3748		and the course of action that accompanies each denial pursuant to § 16 -93-25
3750	3749		615(a)(2)(B)(ii). 26
3751	3750		(b) The Parole Post-Prison Transfer Board shall cooperate with and 27
3752	3751		upon request make presentations and provide various reports, to the extent 28
3753	3752		the Parole Post-Prison Transfer Board's budget will allow, to the Legislative 29
3754	3753		Council concerning Parole Post-Prison Transfer Board policy and criteria on 30
3755	3754		discretionary offender programs and services. 31
3756	3755		(c) The Parole Post-Prison Transfer Board shall file a report with the 32
3757	3756		Legislative Council on a quarterly basis containing all new and revised 33
3758	3757		administrative directives issued in the previous quarter by: 34
3759	3758		(1) The Parole Post-Prison Transfer Board; 35
3760	3759		(2) The Chair of the Parole Post-Prison Transfer Board; and 36 As Engrossed: S3/30/23 H4/5/23 SB495
3761	3760
3762	3761		95 04-05-2023 16:03:12 JLC013
3763	3762
3764	3763
3765	3764		(3) The Administrative Services Manager of the Parole Board; 1
3766	3765		(4) The Administrator of the Parole Board; and 2
3767	3766		(5) Staff of the Parole Post-Prison Transfer Board. 3
3768	3767		4
3769	3768		SECTION 175. Arkansas Code § 16 -93-211(a)(1)(A), concerning early 5
3770	3769		release to transitional housing facilities, is amended to read as follows: 6
3771	3770		(A) Transferred or paroled Paroled or transferred to post-7
3772	3771		release supervision from the Division of Correction by the Parole Post-Prison 8
3773	3772		Transfer Board; 9
3774	3773		10
3775	3774		SECTION 176. Arkansas Code § 16 -93-211(b)(1), concerning early release 11
3776	3775		to transitional housing facilities, is amended to read as follows: 12
3777	3776		(b)(1) To assist an offender who will be eligible for parole , post-13
3778	3777		release supervision, or transfer to successfully reintegrate into the 14
3779	3778		community, the board is authorized to place the offender into approved 15
3780	3779		transitional housing up to one (1) year prior to the offender's date of 16
3781	3780		eligibility for parole or transfer. 17
3782	3781		18
3783	3782		SECTION 177. Arkansas Code § 16 -93-212, is amended to read as follows: 19
3784	3783		16-93-212. Rulemaking authority. 20
3785	3784		The Parole Post-Prison Transfer Board may adopt rules to implement, 21
3786	3785		administer, and enforce this subchapter. 22
3787	3786		23
3788	3787		SECTION 178. The introductory language of Arkansas Code § 16 -93-24
3789	3788		213(a), concerning records to be posted on the website of the Post -Prison 25
3790	3789		Transfer Board, is amended to read as follows: 26
3791	3790		(a) To the extent permitted by federal la w, the Parole Post-Prison 27
3792	3791		Transfer Board shall post on the board's website the following information 28
3793	3792		concerning an inmate who is being considered for parole or post-release 29
3794	3793		supervision no less than six (6) months before his or her transfer -30
3795	3794		eligibility or parole-eligibility date or post-release supervision 31
3796	3795		eligibility date, or the date the board determines eligibility for parole or 32
3797	3796		transfer or post-release supervision if the inmate is past his or her 33
3798	3797		transfer-eligibility or parole -eligibility date or post-release supervision 34
3799	3798		eligibility date: 35
3800	3799		36 As Engrossed: S3/30/23 H4/5/23 SB495
3801	3800
3802	3801		96 04-05-2023 16:03:12 JLC013
3803	3802
3804	3803
3805	3804		SECTION 179. Arkansas Code § 16 -93-213(a)(5), concerning records to be 1
3806	3805		posted on the website of the Post -Prison Transfer Board, is amended to read 2
3807	3806		as follows: 3
3808	3807		(5) The number of times, if any, probation , or parole, or post-4
3809	3808		release supervision has been revoked from the inmate; and 5
3810	3809		6
3811	3810		SECTION 180. Arkansas Code § 16 -93-213(b)(3), concerning removal of 7
3812	3811		records posted on the website of the Post -Prison Transfer Board, is amended 8
3813	3812		to read as follows: 9
3814	3813		(3) May be removed when the inmate has been either granted or 10
3815	3814		denied parole or post-release supervision. 11
3816	3815		12
3817	3816		SECTION 181. Arkansas Code § 16 -93-306(d)(2), concerning probation 13
3818	3817		supervision, is amended to add an additional subdivision to read as follows: 14
3819	3818		(C) The intermediate sanctioning grid shall include: 15
3820	3819		(i) An assignment of point values to commonly 16
3821	3820		occurring violations of terms of probation or criminal behavior; 17
3822	3821		(ii) An assignment of point values to behaviors that 18
3823	3822		decrease the likelihood of r ecidivism, including without limitation: 19
3824	3823		(a) Education; 20
3825	3824		(b) Workforce development; 21
3826	3825		(c) Community service; and 22
3827	3826		(d) Behavioral health programming; 23
3828	3827		(iii) Details on the mechanisms by which points are 24
3829	3828		accumulated and reduced; and 25
3830	3829		(iv) Guidance on which intermediate sanctions should 26
3831	3830		be applied at which point thresholds. 27
3832	3831		28
3833	3832		SECTION 182. Arkansas Code § 16 -93-306(d)(3)(E)(ii)(d), concerning 29
3834	3833		probation supervision, is amended to read as follows: 30
3835	3834		(d) A probationer may not be in carcerated more 31
3836	3835		than two (2) times as a probation sanction in a Division of Community 32
3837	3836		Correction or Division of Correction facility during a two-year period. 33
3838	3837		34
3839	3838		SECTION 183. Arkansas Code § 16 -93-310(c)(2)(A), concerning the 35
3840	3839		revocation of probation, is amended to read as follows: 36 As Engrossed: S3/30/23 H4/5/23 SB495
3841	3840
3842	3841		97 04-05-2023 16:03:12 JLC013
3843	3842
3844	3843
3845	3844		(2)(A) The court shall commit the eligible offender to the 1
3846	3845		custody of the Division of Correction under this subchapter for judicial or 2
3847	3846		administrative transfer to the Division of Community Correction subject to 3
3848	3847		the following: 4
3849	3848		(i) That the sentence imposed provides that the 5
3850	3849		offender shall serve no more than three (3) years of confinement, with credit 6
3851	3850		for meritorious good time or earned release credits, with initial placement 7
3852	3851		in a Division of Community Correction facility; and 8
3853	3852		(ii) That the initial placement in the Division of 9
3854	3853		Community Correction is conditioned upon the offender's continuing 10
3855	3854		eligibility for Division of Community Correc tion placement and the offender's 11
3856	3855		compliance with all applicable rules established by the Board of Corrections 12
3857	3856		for community correction programs. 13
3858	3857		14
3859	3858		SECTION 184. Arkansas Code § 16 -93-601(a), concerning felonies 15
3860	3859		committed before April 1, 1977, is amended to read as follows: 16
3861	3860		(a) Death Sentence. An individual under sentence of death is not 17
3862	3861		eligible for release on parole or post-release supervision. 18
3863	3862		19
3864	3863		SECTION 185. Arkansas Code § 16 -93-609 is amended to read as follows: 20
3865	3864		16-93-609. Effect of more than one conviction for certain felonies — 21
3866	3865		Definition. 22
3867	3866		(a) Any person who commits murder in the first degree, § 5 -10-102, 23
3868	3867		rape, § 5-14-103, or aggravated robbery, § 5 -12-103, subsequent to March 24, 24
3869	3868		1983, and who has previously been found guilty of or pleaded gui lty or nolo 25
3870	3869		contendere to murder in the first degree, § 5 -10-102, rape, § 5-14-103, or 26
3871	3870		aggravated robbery, § 5 -12-103, shall not be eligible for release on parole 27
3872	3871		by the Parole Post-Prison Transfer Board. 28
3873	3872		(b)(1) Any person who commits a violent felony of fense or any felony 29
3874	3873		sex offense subsequent to August 13, 2001, but before January 1, 2025, and 30
3875	3874		who has previously been found guilty of or pleaded guilty or nolo contendere 31
3876	3875		to any violent felony offense or any felony sex offense shall not be eligible 32
3877	3876		for release on parole by the board. 33
3878	3877		(2) As used in this subsection, “a violent felony offense or any 34
3879	3878		felony sex offense” means those offenses listed in § 5 -4-501(d)(2). 35
3880	3879		(c) A person who commits the offense of possession of firearms by 36 As Engrossed: S3/30/23 H4/5/23 SB495
3881	3880
3882	3881		98 04-05-2023 16:03:12 JLC013
3883	3882
3884	3883
3885	3884		certain persons, § 5-73-103, in which the offense is under § 5 -73-103(c)(1), 1
3886	3885		after April 27, 2021, is not eligible for parole. 2
3887	3886		(d)(1) Any person who commits a parole -ineligible felony on or after 3
3888	3887		January 1, 2024, but before January 1, 2025, is not eligible for release on 4
3889	3888		parole. 5
3890	3889		(2) As used in this subsection, “parole -ineligible felony” means 6
3891	3890		the same as a felony ineligible to receive earned release credits as defined 7
3892	3891		in § 16-93-1802. 8
3893	3892		9
3894	3893		SECTION 186. Arkansas Code § 16 -93-612 is amended to read as follows: 10
3895	3894		16-93-612. Parole eligibility — Date of offense. 11
3896	3895		(a) A person's parole eligibility shall be determined by the laws in 12
3897	3896		effect at the time of the offense for which he or she is sentenced to the 13
3898	3897		Division of Correction. 14
3899	3898		(b) For an offender serving a sentence for a felony committed before 15
3900	3899		April 1, 1977, § 16-93-601 governs that person's parole eligibility. 16
3901	3900		(c) For an offender serving a sentence for a felony committed between 17
3902	3901		April 1, 1977, and April 1, 1983, § 16 -93-604 governs that person's parole 18
3903	3902		eligibility. 19
3904	3903		(d) For an offender serving a sentence for a felony committed on or 20
3905	3904		after April 1, 1983, but before January 1, 1994, § 16 -93-607 governs that 21
3906	3905		person's parole eligibility. 22
3907	3906		(e) For an offender serving a sentence for a felony committed on or 23
3908	3907		after January 1, 1994, but before January 1, 2025, § 16-93-614 governs that 24
3909	3908		person's parole eligibility, unless otherwise noted and except: 25
3910	3909		(1) If the felony is murder in the first degree, § 5 -10-102, 26
3911	3910		kidnapping, if a Class Y felony, § 5 -11-102(b)(1), aggravated robber y, § 5-27
3912	3911		12-103, rape, § 5-14-103, or causing a catastrophe, § 5 -38-202(a), and the 28
3913	3912		offense occurred after July 28, 1995, but before January 1, 2025, § 16-93-618 29
3914	3913		governs that person's parole eligibility; 30
3915	3914		(2) If the felony is manufacturing methamphetamine, § 5-64-31
3916	3915		423(a) or the former § 5 -64-401, or possession of drug paraphernalia with the 32
3917	3916		intent to manufacture methamphetamine, the former § 5 -64-403(c)(5), and the 33
3918	3917		offense occurred after April 9, 1999, but before January 1, 2025, § 16-93-618 34
3919	3918		governs that person's parole eligibility; 35
3920	3919		(3) If the felony is battery in the second degree, § 5 -13-202, 36 As Engrossed: S3/30/23 H4/5/23 SB495
3921	3920
3922	3921		99 04-05-2023 16:03:12 JLC013
3923	3922
3924	3923
3925	3924		aggravated assault, § 5 -13-204, terroristic threatening, § 5 -13-301, domestic 1
3926	3925		battering in the second degree, § 5 -26-304, or residential burglary, § 5 -39-2
3927	3926		201(a), and the offense occurred on or after April 1, 2015, but before 3
3928	3927		January 1, 2025, § 16-93-620 governs that person's parole eligibility; or 4
3929	3928		(4) If the felony was committed by a person who was a minor at 5
3930	3929		the time of the offense, he or she was committed to the former Department of 6
3931	3930		Correction, or to the division, and the offense occurred before, on, or after 7
3932	3931		March 20, 2017, § 16 -93-621 governs the date on which that person's parole . 8
3933	3932		eligibility person becomes eligible for consideration for release; 9
3934	3933		(5) If the felony was committed prior to January 1, 2025, § 16 -10
3935	3934		93-701 et seq. governs procedures for consideration for parole or transfer to 11
3936	3935		the Division of Community Correction; and 12
3937	3936		(6) If the felony was committed on or after January 1, 2025, § 13
3938	3937		16-93-1901 et. seq., governs procedures for consideration for transfer to 14
3939	3938		post-release supervision. 15
3940	3939		(f) For an offender serving a sentence for a felony committed on or 16
3941	3940		after January 1, 1994, but before January 1, 2025, § 16-93-615 governs that 17
3942	3941		person's parole eligibility procedures. 18
3943	3942		(g) Notwithstanding any law allowing the award of meritorious good 19
3944	3943		time, earned release credits, or any other law to the contrary, if the felony 20
3945	3944		is an offense that is subject to delayed release under § 5 -4-405 and was 21
3946	3945		committed on or after Ju ly 28, 2021, the person shall not be eligible for 22
3947	3946		parole or community correction transfer until the person serves a minimum of 23
3948	3947		eighty percent (80%) of the term of imprisonment to which the person is 24
3949	3948		sentenced. 25
3950	3949		26
3951	3950		SECTION 187. Arkansas Code § 16 -93-614(b)(3), concerning offenses 27
3952	3951		committed after January 1, 1994, is amended to read as follows: 28
3953	3952		(3) A person who has committed a felony who is within a target 29
3954	3953		group as currently defined under § 16 -93-1202(10) and who is released on 30
3955	3954		parole shall be eligible, purs uant to rules established by the Parole Post-31
3956	3955		Prison Transfer Board, for commitment to a community correction facility if 32
3957	3956		he or she is found to be in violation of any of his or her parole conditions, 33
3958	3957		unless the parole violation constitutes a nontarget felon y offense. 34
3959	3958		35
3960	3959		SECTION 188. Arkansas Code § 16-93-615(a), concerning parole 36 As Engrossed: S3/30/23 H4/5/23 SB495
3961	3960
3962	3961		100 04-05-2023 16:03:12 JLC013
3963	3962
3964	3963
3965	3964		eligibility procedures for offenses committed after January 1, 1994, is 1
3966	3965		amended to read as follows: 2
3967	3966		(a)(1)(A) An inmate under sentence for any felony, except those listed 3
3968	3967		in § 5-4-104(c)(2) or subsection (b) of this section, shall be transferred 4
3969	3968		from the Division of Correction to the Division of Community Correction under 5
3970	3969		this section and §§ 16 -93-614, 16-93-616, and 16-93-617, subject to rules 6
3971	3970		promulgated by the Board of Corrections or the Parole Post-Prison Transfer 7
3972	3971		Board and conditions adopted by the Parole Post-Prison Transfer Board. 8
3973	3972		(B) The determination under subdivision (a)(1)(A) of this 9
3974	3973		section shall be made by reviewing information such as the result of the 10
3975	3974		risk-needs assessment to inform the decision of whether to release a person 11
3976	3975		on parole by quantifying that person's risk to reoffend, and if parole is 12
3977	3976		granted, this information shall be used to set co nditions for supervision. 13
3978	3977		(C) The Parole Post-Prison Transfer Board shall begin 14
3979	3978		transfer release proceedings or a preliminary review under this subchapter no 15
3980	3979		later than six (6) months before a person's transfer eligibility date, and 16
3981	3980		the Parole Post-Prison Transfer Board shall authorize jacket review 17
3982	3981		procedures no later than six (6) months before a person's transfer 18
3983	3982		eligibility at all institutions holding parole -eligible inmates to prepare 19
3984	3983		parole applications. 20
3985	3984		(D) This review may be conducted without a hearing when 21
3986	3985		the inmate has not received a major disciplinary report against him or her 22
3987	3986		that resulted in the loss of good time, there has not been a request by a 23
3988	3987		victim to have input on transfer conditions, and there is no indication in 24
3989	3988		the risk-needs assessment review that special conditions need to be placed on 25
3990	3989		the inmate. 26
3991	3990		(2)(A) When one (1) or more of the circumstances in subdivision 27
3992	3991		(a)(1) of this section are present, the Parole Post-Prison Transfer Board 28
3993	3992		shall conduct a hearing to determine the appropriateness of the inmate for 29
3994	3993		transfer. 30
3995	3994		(B) The Parole Post-Prison Transfer Board has two (2) 31
3996	3995		options: 32
3997	3996		(i) To transfer the individual to the Division of 33
3998	3997		Community Correction accompanied by notice of conditions of the transfer, 34
3999	3998		including without limitation: 35
4000	3999		(a) Supervision levels; 36 As Engrossed: S3/30/23 H4/5/23 SB495
4001	4000
4002	4001		101 04-05-2023 16:03:12 JLC013
4003	4002
4004	4003
4005	4004		(b) Economic fee sanction; 1
4006	4005		(c) Treatment program; 2
4007	4006		(d) Programming requirements; and 3
4008	4007		(e) Facility placement when appropriate; or 4
4009	4008		(ii) To deny transfer based on a set of established 5
4010	4009		criteria and to accompany the denial with a prescribed course of action to be 6
4011	4010		undertaken by the inmate to rectify the Parole Post-Prison Transfer Board's 7
4012	4011		concerns. 8
4013	4012		(C) Upon completion of the course of action determined by 9
4014	4013		the Parole Post-Prison Transfer Board and after final review of the inmate's 10
4015	4014		file to ensure successful completion, the Parole Post-Prison Transfer Board 11
4016	4015		shall authorize the inmate's transfer to the Division of Community Correction 12
4017	4016		under this section and §§ 16 -93-614, 16-93-616, and 16-93-617, in accordance 13
4018	4017		with administrative policies and procedures governing the transfer and 14
4019	4018		subject to conditions attached to the transfer. 15
4020	4019		(3) Should an inmate fail to fulfill the course of action 16
4021	4020		outlined by the Parole Post-Prison Transfer Board to facilitate transfer to 17
4022	4021		community correction, it shall be the responsibility of the inmate to 18
4023	4022		petition the Parole Post-Prison Transfer Board for rehearing. 19
4024	4023		(4)(A) The Parole Post-Prison Transfer Board shall conduct open 20
4025	4024		meetings and shall make public its f indings for each eligible candidate for 21
4026	4025		parole. 22
4027	4026		(B)(i) Open meetings held under subdivision (a)(2)(A) of 23
4028	4027		this section may be conducted through video -conference technology if the 24
4029	4028		person is housed at that time in a county jail and if the technology is 25
4030	4029		available. 26
4031	4030		(ii) Open meetings utilizing video -conference 27
4032	4031		technology shall be conducted in public. 28
4033	4032		(5) Inmate interviews and related deliberations may be closed to 29
4034	4033		the public. 30
4035	4034		31
4036	4035		SECTION 189. The introductory language of Arkansas Code § 16 -93-32
4037	4036		615(b)(1), concerning parole eligibility procedures for offenses committed 33
4038	4037		after January 1, 1994, is amended to read as follows: 34
4039	4038		(b)(1) An inmate under sentence for one (1) of the following felonies 35
4040	4039		is eligible for discretionary transfer to the Division of Commu nity 36 As Engrossed: S3/30/23 H4/5/23 SB495
4041	4040
4042	4041		102 04-05-2023 16:03:12 JLC013
4043	4042
4044	4043
4045	4044		Correction by the Parole Post-Prison Transfer Board after having served one -1
4046	4045		third (⅓) or one-half (½) of his or her sentence, with credit for meritorious 2
4047	4046		good time, depending on the seriousness determination made by the Arkansas 3
4048	4047		Sentencing Commission, or one-half (½) of the time to which his or her 4
4049	4048		sentence is commuted by executive clemency, with credit for meritorious good 5
4050	4049		time: 6
4051	4050		7
4052	4051		SECTION 190. Arkansas Code § 16 -93-615(b)(3)-(6), concerning parole 8
4053	4052		eligibility procedures for offenses committed after J anuary 1, 1994, are 9
4054	4053		amended to read as follows: 10
4055	4054		(3)(A) Review of an inmate convicted of the enumerated offenses 11
4056	4055		in subdivision (b)(1) of this section shall be based upon policies and 12
4057	4056		procedures adopted by the Parole Post-Prison Transfer Board for the review, 13
4058	4057		and the Parole Post-Prison Transfer Board shall conduct a risk -needs 14
4059	4058		assessment review. 15
4060	4059		(B) The policies and procedures shall include a provision 16
4061	4060		for notification of the victim or victims that a hearing shall be held and 17
4062	4061		records kept of the proce edings and that there be a listing of the criteria 18
4063	4062		upon which a denial may be based. 19
4064	4063		(4) Any transfer of an offender specified in this subsection 20
4065	4064		shall be issued upon an order, duly adopted, of the Parole Post-Prison 21
4066	4065		Transfer Board in accordance with su ch policies and procedures. 22
4067	4066		(5) After the Parole Post-Prison Transfer Board has fully 23
4068	4067		considered and denied the transfer of an offender sentenced for committing an 24
4069	4068		offense listed in subdivision (b)(1) of this section, the Parole Post-Prison 25
4070	4069		Transfer Board may delay any reconsideration of the transfer for a maximum 26
4071	4070		period of two (2) years. 27
4072	4071		(6) Notification of the court, prosecutor, county sheriff, and 28
4073	4072		the victim or the victim's next of kin for a person convicted of an offense 29
4074	4073		listed in subdivision (b)(1) of this section shall follow the procedures set 30
4075	4074		forth below: 31
4076	4075		(A)(i) Before the Parole Post-Prison Transfer Board shall 32
4077	4076		grant any transfer, the Parole Post-Prison Transfer Board shall solicit the 33
4078	4077		written or oral recommendations of the committing court, the prosecuting 34
4079	4078		attorney, and the county sheriff of the county from which the inmate was 35
4080	4079		committed. 36 As Engrossed: S3/30/23 H4/5/23 SB495
4081	4080
4082	4081		103 04-05-2023 16:03:12 JLC013
4083	4082
4084	4083
4085	4084		(ii) If the person whose transfer is being 1
4086	4085		considered by the Parole Post-Prison Transfer Board was convicted of one (1) 2
4087	4086		of the offenses enumerated in subdivision (b)(1) of this section, the Parole 3
4088	4087		Post-Prison Transfer Board shall also notify the victim of the crime or the 4
4089	4088		victim's next of kin of the transfer hearing and sha ll solicit written or 5
4090	4089		oral recommendations of the victim or his or her next of kin regarding the 6
4091	4090		granting of the transfer unless the prosecuting attorney has notified the 7
4092	4091		Parole Post-Prison Transfer Board at the time of commitment of the prisoner 8
4093	4092		that the victim or his or her next of kin does not want to be notified of 9
4094	4093		future transfer hearings. 10
4095	4094		(iii) The recommendations shall not be binding upon 11
4096	4095		the Parole Post-Prison Transfer Board in the granting of any transfer but 12
4097	4096		shall be maintained in the inmate' s file. 13
4098	4097		(iv) When soliciting recommendations from a victim 14
4099	4098		of a crime, the Parole Post-Prison Transfer Board shall notify the victim or 15
4100	4099		his or her next of kin of the date, time, and place of the transfer hearing; 16
4101	4100		(B)(i) The Parole Post-Prison Transfer Board shall not 17
4102	4101		schedule transfer hearings at which victims or relatives of victims of crimes 18
4103	4102		are invited to appear at a facility wherein inmates are housed other than the 19
4104	4103		Central Administration Building of the Division of Correction at Pine Bluff. 20
4105	4104		(ii) Nothing herein shall be construed as 21
4106	4105		prohibiting the Parole Post-Prison Transfer Board from conducting transfer 22
4107	4106		hearings in two (2) sessions, one (1) at the place of the inmate's 23
4108	4107		incarceration for interviews with the inmate, the inmate's witnesses, and 24
4109	4108		correctional personnel, and the second session for victims and relatives of 25
4110	4109		victims as set out in subdivision (b)(6)(B)(i) of this section; 26
4111	4110		(C)(i) At the time that any person eligible under 27
4112	4111		subdivision (c)(1) of this section is transferred by the Parole Post-Prison 28
4113	4112		Transfer Board, the Division of Community Correction shall give written 29
4114	4113		notice of the granting of the transfer to the county sheriff, the committing 30
4115	4114		court, and the chief of police of each city of the first class of the county 31
4116	4115		from which the person was sentenced. 32
4117	4116		(ii) If the person is transferred to a county other 33
4118	4117		than that from which he or she was committed, the Parole Post-Prison Transfer 34
4119	4118		Board shall give notice to the chief of police or marshal of the city to 35
4120	4119		which he or she is tra nsferred, to the chief of police of each city of the 36 As Engrossed: S3/30/23 H4/5/23 SB495
4121	4120
4122	4121		104 04-05-2023 16:03:12 JLC013
4123	4122
4124	4123
4125	4124		first class and the county sheriff of the county to which he or she is 1
4126	4125		transferred, and to the county sheriff of the county from which the person 2
4127	4126		was committed; and 3
4128	4127		(D)(i) It shall be the responsibil ity of the prosecuting 4
4129	4128		attorney of the county from which the inmate was committed to notify the 5
4130	4129		Parole Post-Prison Transfer Board at the time of commitment of the desire of 6
4131	4130		the victim or his or her next of kin to be notified of any future transfer 7
4132	4131		hearings and to forward to the Parole Post-Prison Transfer Board the last 8
4133	4132		known address and telephone number of the victim or his or her next of kin. 9
4134	4133		(ii) It shall be the responsibility of the victim or 10
4135	4134		his or her next of kin to notify the Parole Post-Prison Transfer Board of any 11
4136	4135		change in address or telephone number. 12
4137	4136		(iii) It shall be the responsibility of the victim 13
4138	4137		or his or her next of kin to notify the Parole Post-Prison Transfer Board 14
4139	4138		after the date of commitment of any change in regard to the desir e to be 15
4140	4139		notified of any future transfer hearings. 16
4141	4140		17
4142	4141		SECTION 191. Arkansas Code § 16 -93-615(c)-(i), concerning parole 18
4143	4142		eligibility procedures for offenses committed after January 1, 1994, are 19
4144	4143		amended to read as follows: 20
4145	4144		(c)(1) In all other felonies committed before January 1, 2025 , before 21
4146	4145		the Parole Post-Prison Transfer Board sets conditions for transfer of an 22
4147	4146		inmate to community correction, a victim, or his or her next of kin in cases 23
4148	4147		in which the victim is unable to express his or her wishes, who has expressed 24
4149	4148		the wish to be consulted by the Parole Post-Prison Transfer Board shall be 25
4150	4149		notified of the date, time, and place of the transfer hearing. 26
4151	4150		(2)(A) A victim or his or her next of kin who wishes to be 27
4152	4151		consulted by the Parole Post-Prison Transfer Board shall inform the Parole 28
4153	4152		Post-Prison Transfer Board in writing at the time of sentencing. 29
4154	4153		(B) A victim or his or her next of kin who does not so 30
4155	4154		inform the Parole Post-Prison Transfer Board shall not be notified by the 31
4156	4155		Parole Post-Prison Transfer Board. 32
4157	4156		(3)(A) Victim input to the Parole Post-Prison Transfer Board 33
4158	4157		shall be limited to oral or written recommendations on conditions relevant to 34
4159	4158		the offender under review for transfer. 35
4160	4159		(B) The recommendations shall not be binding on the Parole 36 As Engrossed: S3/30/23 H4/5/23 SB495
4161	4160
4162	4161		105 04-05-2023 16:03:12 JLC013
4163	4162
4164	4163
4165	4164		Post-Prison Transfer Board, but shall be given due consideration within th e 1
4166	4165		resources available for transfer. 2
4167	4166		(d)(1) The Parole Post-Prison Transfer Board shall approve a set of 3
4168	4167		conditions that shall be applicable to all inmates transferred from the 4
4169	4168		Division of Correction to the Division of Community Correction. 5
4170	4169		(2) The set of conditions is subject to periodic review and 6
4171	4170		revision as the Parole Post-Prison Transfer Board deems necessary. 7
4172	4171		(e)(1) The course of action required by the Parole Post-Prison 8
4173	4172		Transfer Board shall not be outside the current resources of the Division o f 9
4174	4173		Correction nor the conditions set be outside the current resources of the 10
4175	4174		Division of Community Correction. 11
4176	4175		(2) However, the Division of Correction and Division of 12
4177	4176		Community Correction shall strive to accommodate the actions required by the 13
4178	4177		Board of Corrections or the Parole Post-Prison Transfer Board to the best of 14
4179	4178		their abilities. 15
4180	4179		(f) Transfer is not an award of clemency, and it shall not be 16
4181	4180		considered as a reduction of sentence or a pardon. 17
4182	4181		(g) Every inmate while on transfer status shall remain in the legal 18
4183	4182		custody of the Division of Correction under the supervision of the Division 19
4184	4183		of Community Correction and subject to the orders of the Parole Post-Prison 20
4185	4184		Transfer Board. 21
4186	4185		(h) An inmate who is sentenced under the provisions of § 5 -4-501(c) or 22
4187	4186		§ 5-4-501(d) for a serious violent felony or a felony involving violence may 23
4188	4187		be considered eligible for parole or for community correction transfer upon 24
4189	4188		reaching regular parole or transfer eligibility, but only after reaching a 25
4190	4189		minimum age of fifty -five (55) years. 26
4191	4190		(i) Decisions on parole release, courses of action applicable prior to 27
4192	4191		transfer, and transfer conditions to be set by the Parole Post-Prison 28
4193	4192		Transfer Board shall be based on a reasoned and rational plan developed in 29
4194	4193		conjunction with an accepted r isk-needs assessment tool such that each 30
4195	4194		decision is defensible based on preestablished criteria. 31
4196	4195		32
4197	4196		SECTION 192. Arkansas Code § 16 -93-617(a), concerning revocation of 33
4198	4197		transfer for offenses committed after January 1, 1994, is amended to read as 34
4199	4198		follows: 35
4200	4199		(a) In the event an offender transferred under this section, §§ 16 -93-36 As Engrossed: S3/30/23 H4/5/23 SB495
4201	4200
4202	4201		106 04-05-2023 16:03:12 JLC013
4203	4202
4204	4203
4205	4204		614 — 16-93-616, or § 16-93-618 violates the terms or conditions of his or 1
4206	4205		her transfer, a hearing shall follow all applicable legal requirements and 2
4207	4206		shall be subject to any additional policies and rules set by the Parole Post-3
4208	4207		Prison Transfer Board. 4
4209	4208		5
4210	4209		SECTION 193. The introductory language for Arkansas Code § 16 -93-6
4211	4210		618(a)(1), concerning parole eligibility for Class Y felony offenses and 7
4212	4211		certain methamphetamine offenses, is amended to read as follows: 8
4213	4212		(a)(1) Notwithstanding any law allowing the award of meritorious good 9
4214	4213		time or any other law to the contrary, and subject to provisions requiring 10
4215	4214		that an offender serve a greater percentage of his or her sentence in § 16 -11
4216	4215		93-609 or delayed release under § 5-4-405, a person who is found guilty of or 12
4217	4216		pleads guilty or nolo contendere to subdivisions (a)(1)(A) -(I) of this 13
4218	4217		section for an offense committed before January 1, 2025, shall not be 14
4219	4218		eligible for parole or community correction transfer, except as provided in 15
4220	4219		subdivision (a)(3) of this section or subsection (c) of this section, until 16
4221	4220		the person serves seventy percent (70%) of the term of imprisonment to which 17
4222	4221		the person is sentenced, including a sentence prescribed under § 5 -4-501: 18
4223	4222		19
4224	4223		SECTION 194. Arkansas Code § 16 -93-619 is amended to read as follows: 20
4225	4224		16-93-619. Rulemaking authority. 21
4226	4225		The Parole Post-Prison Transfer Board may adopt rules to implement, 22
4227	4226		administer, and enforce this subchapter. 23
4228	4227		24
4229	4228		SECTION 195. The introductory language of Arkansas Code § 16-93-25
4230	4229		620(a), concerning parole eligibility procedures for offenses committed after 26
4231	4230		April 1, 2015, is amended to read as follows: 27
4232	4231		(a) An inmate sentenced for one (1) of the following felonies on or 28
4233	4232		after April 1, 2015, is eligible for dis cretionary transfer to the Department 29
4234	4233		Division of Community Correction by the Parole Post-Prison Transfer Board 30
4235	4234		after having served one -third (⅓) or one-half (½) of his or her sentence, 31
4236	4235		with credit for meritorious good time, depending on the seriousness 32
4237	4236		determination made by the Arkansas Sentencing Commission, or one -half (½) of 33
4238	4237		the time to which his or her s entence is commuted: 34
4239	4238		35
4240	4239		SECTION 196. Arkansas Code § 16 -93-621, is amended to read as follows: 36 As Engrossed: S3/30/23 H4/5/23 SB495
4241	4240
4242	4241		107 04-05-2023 16:03:12 JLC013
4243	4242
4244	4243
4245	4244		16-93-621. Parole or post-release supervision eligibility — A person 1
4246	4245		who was a minor at the time of committing an offense that was committed 2
4247	4246		before, on, or after March 20, 2017. 3
4248	4247		(a)(1)(A) A minor who was convicted and sentenced to the former 4
4249	4248		Department of Correction or the Division of Correction for an offense 5
4250	4249		committed before he or she was eighteen (18) years of age and in which the 6
4251	4250		death of another person did not occur is eligible for release on parole or 7
4252	4251		transfer to post-release supervision no later than after twenty (20) years of 8
4253	4252		incarceration, including any applicable sentencing enhancements, and 9
4254	4253		including an instance in which multiple sentences are to be s erved 10
4255	4254		consecutively or concurrently, unless by law the minor is eligible for 11
4256	4255		earlier parole or post-release supervision eligibility. 12
4257	4256		(B) Subdivision (a)(1)(A) of this section applies 13
4258	4257		retroactively to a minor whose offense was committed before he or she was 14
4259	4258		eighteen (18) years of age, including a minor serving a sentence of life, 15
4260	4259		regardless of the original sentences that were imposed. 16
4261	4260		(2)(A) A minor who was convicted and sentenced to the department 17
4262	4261		or the division for an offense committed before he or she was eighteen (18) 18
4263	4262		years of age, in which the death of another person occurred, and that was 19
4264	4263		committed before, on, or after March 20, 2017, is eligible for release on 20
4265	4264		parole or transfer to post-release supervision no later than after twenty -21
4266	4265		five (25) years of incarceration if he or she was convicted of murder in the 22
4267	4266		first degree, § 5-10-102, or no later than after thirty (30) years of 23
4268	4267		incarceration if he or she was convicted of capital murder, § 5 -10-101, 24
4269	4268		including any applicable sentencing enhancements , unless by law the minor is 25
4270	4269		eligible for earlier parole or post-release supervision eligibility. 26
4271	4270		(B) Subdivision (a)(2)(A) of this section applies 27
4272	4271		retroactively to a minor whose offense was committed before he or she was 28
4273	4272		eighteen (18) years of age, in cluding minors serving sentences of life, 29
4274	4273		regardless of the original sentences that were imposed. 30
4275	4274		(3) Credit for meritorious good time or earned release credits 31
4276	4275		shall not be applied to calculations of time served under this subsection for 32
4277	4276		minors convicted and sentenced for capital murder, § 5 -10-101(c), or when a 33
4278	4277		life sentence is imposed for murder in the first degree, § 5 -10-102. 34
4279	4278		(4) The calculation of the time periods under this subsection 35
4280	4279		shall include any applicable sentence enhancements to which the minor was 36 As Engrossed: S3/30/23 H4/5/23 SB495
4281	4280
4282	4281		108 04-05-2023 16:03:12 JLC013
4283	4282
4284	4283
4285	4284		sentenced that accompany the sentence for the underlying offense. 1
4286	4285		(b)(1) The Parole Post-Prison Transfer Board shall ensure that a 2
4287	4286		hearing to consider the parole or post-release supervision eligibility of a 3
4288	4287		person who was a minor at the tim e of the offense that was committed before, 4
4289	4288		on, or after March 20, 2017, takes into account how a minor offender is 5
4290	4289		different from an adult offender and provides a person who was a minor at the 6
4291	4290		time of the offense that was committed before, on, or after Ma rch 20, 2017, 7
4292	4291		with a meaningful opportunity to be released on parole or post-release 8
4293	4292		supervision based on demonstrated maturity and rehabilitation. 9
4294	4293		(2) During a parole eligibility or transfer hearing involving a 10
4295	4294		person who was a minor at the time of the offense that was committed before, 11
4296	4295		on, or after March 20, 2017, the board shall take into consideration in 12
4297	4296		addition to other factors required by law to be considered by the board: 13
4298	4297		(A) The diminished culpability of minors as compared to 14
4299	4298		that of adults; 15
4300	4299		(B) The hallmark features of youth; 16
4301	4300		(C) Subsequent growth and increased maturity of the person 17
4302	4301		during incarceration; 18
4303	4302		(D) Age of the person at the time of the offense; 19
4304	4303		(E) Immaturity of the person at the time of the offense; 20
4305	4304		(F) The extent of the person's role in the offense and 21
4306	4305		whether and to what extent an adult was involved in the offense; 22
4307	4306		(G) The person's family and community circumstances at the 23
4308	4307		time of the offense, including any history of abuse, trauma, and involvement 24
4309	4308		in the child welfare system; 25
4310	4309		(H) The person's participation in available rehabilitative 26
4311	4310		and educational programs while in prison, if those programs have been made 27
4312	4311		available, or use of self -study for self-improvement; 28
4313	4312		(I) The results of comprehensive mental health evaluations 29
4314	4313		conducted by an adolescent mental health professional licensed in the state 30
4315	4314		at the time of sentencing and at the time the person becomes eligible for 31
4316	4315		parole or transfer to post-release supervision under this section; and 32
4317	4316		(J) Other factors the board deems relevant. 33
4318	4317		(3) A person eligible for parole or transfer to post-release 34
4319	4318		supervision under this section may have an attorney present to represent him 35
4320	4319		or her at the parole eligibility or transfer hearing. 36 As Engrossed: S3/30/23 H4/5/23 SB495
4321	4320
4322	4321		109 04-05-2023 16:03:12 JLC013
4323	4322
4324	4323
4325	4324		(c)(1)(A) The board shall notify a victim of the crime before the 1
4326	4325		board reviews parole or transfer eligibility under this section for an inmate 2
4327	4326		convicted of the crime and provide information regarding victim input 3
4328	4327		meetings, as well as state and national victim resource information. 4
4329	4328		(B) If the victim is incapacitated or deceased, the notice 5
4330	4329		under subdivision (c)(1)(A) of this section shall be given to the victim's 6
4331	4330		family. 7
4332	4331		(C) If the victim is less than eighteen ( 18) years of age, 8
4333	4332		the notice under subdivision (c)(1)(A) of this section shall be given to the 9
4334	4333		victim's parent or guardian. 10
4335	4334		(2) Victim notification under this subsection shall include: 11
4336	4335		(A) The location, date, and time of parole or transfer 12
4337	4336		review; and 13
4338	4337		(B) The name and phone number of the individual to contact 14
4339	4338		for additional information. 15
4340	4339		16
4341	4340		SECTION 197. Arkansas Code § 16 -93-622, is amended to read as follows: 17
4342	4341		16-93-622. Parole discharge for offenders who are minors — 18
4343	4342		Reinstatement of rights. 19
4344	4343		(a) The Parole Post-Prison Transfer Board may discharge a person from 20
4345	4344		parole or post-release supervision if: 21
4346	4345		(1) The person: 22
4347	4346		(A) Was released on parole or post-release supervision 23
4348	4347		under § 16-93-621 for having committed an offense as a minor; and 24
4349	4348		(B) Has served at least five (5) years on parole or post-25
4350	4349		release supervision without a violation; and 26
4351	4350		(2) The prosecuting attorney in the county where the person was 27
4352	4351		originally convicted has consented to the discharge of the person from parole 28
4353	4352		or post-release supervision. 29
4354	4353		(b) Unless otherwise provided by Arkansas Constitution, Amendment 51, 30
4355	4354		a person who has been discharged from parole or post-release supervision 31
4356	4355		under subsection (a) of this section shall have his or her constitutional 32
4357	4356		right to vote restored. 33
4358	4357		34
4359	4358		SECTION 198. Arkansas Code § 16 -93-701(a)(1), concerning the authority 35
4360	4359		of the Post-Prison Transfer Board to grant release, is amended to read as 36 As Engrossed: S3/30/23 H4/5/23 SB495
4361	4360
4362	4361		110 04-05-2023 16:03:12 JLC013
4363	4362
4364	4363
4365	4364		follows: 1
4366	4365		(a)(1) The Parole Post-Prison Transfer Board may release on parole any 2
4367	4366		eligible inmate who is confined in any correctional institution administered 3
4368	4367		by the Division of Correction or the Division of Community Correction, when 4
4369	4368		in the board's opinion there is a reasonable probability that the inmate can 5
4370	4369		be released without detriment to the communi ty or himself or herself and is 6
4371	4370		able and willing to fulfill the obligations of a law -abiding citizen. 7
4372	4371		8
4373	4372		SECTION 199. Arkansas Code § 16 -93-702(a), concerning recommendations 9
4374	4373		solicited by the Post -Prison Transfer Board is amended to read as follows: 10
4375	4374		(a) Before the Parole Post-Prison Transfer Board shall grant any 11
4376	4375		parole, the board shall solicit the written or oral recommendations of the 12
4377	4376		committing court, the prosecuting attorney, and the county sheriff of the 13
4378	4377		county from which the inmate was committed. 14
4379	4378		15
4380	4379		SECTION 200. Arkansas Code § 16 -93-703(a), concerning place of hearing 16
4381	4380		of the Post-Prison Transfer Board, is amended to read as follows: 17
4382	4381		(a) The Parole Post-Prison Transfer Board shall not schedule parole 18
4383	4382		hearings at which victims or relatives of victims of crime are invited to 19
4384	4383		appear at a facility wherein inmates are housed other than the Central 20
4385	4384		Administration Building of the Division of Correction at Pine Bluff. 21
4386	4385		22
4387	4386		SECTION 201. Arkansas Code § 16 -93-704(a), concerning notice to law 23
4388	4387		enforcement personnel and the committing court before a hearing of the Post -24
4389	4388		Prison Transfer Board, is amended to read as follows: 25
4390	4389		(a) At the time that any person is paroled by the Parole Post-Prison 26
4391	4390		Transfer Board, the board shall give written notice of the granting of the 27
4392	4391		parole to the county sheriff, the committing court, and the chief of police 28
4393	4392		of all cities of the first class of the county from which the person was 29
4394	4393		sentenced. 30
4395	4394		31
4396	4395		SECTION 202. Arkansas Code § 16-93-705(a)(1)(A)(i), concerning 32
4397	4396		procedures for parole revocation, is amended to read as follows: 33
4398	4397		(a)(1)(A)(i) At any time during a parolee's release on parole, the 34
4399	4398		Parole Post-Prison Transfer Board may issue a warrant for the arrest o f the 35
4400	4399		parolee for violation of any conditions of parole or may issue a notice to 36 As Engrossed: S3/30/23 H4/5/23 SB495
4401	4400
4402	4401		111 04-05-2023 16:03:12 JLC013
4403	4402
4404	4403
4405	4404		appear to answer a charge of a violation. 1
4406	4405		2
4407	4406		SECTION 203. Arkansas Code § 16 -93-705(a)(4), concerning procedures 3
4408	4407		for parole revocation, is amended to read as follows: 4
4409	4408		(4) Any parole community supervision officer may arrest a 5
4410	4409		parolee without a warrant or may deputize any officer with power of arrest to 6
4411	4410		arrest the parolee without a warrant by giving him or her a written statement 7
4412	4411		setting forth that the parolee, in the judgment of the parole officer, 8
4413	4412		violated conditions of his or her parole. 9
4414	4413		10
4415	4414		SECTION 204. Arkansas Code § 16 -93-705(b)(5)-(8), concerning 11
4416	4415		procedures for parole revocation, are amended to read as follows: 12
4417	4416		(5) If the parole revocation hearing judge finds that the re is 13
4418	4417		reasonable cause to believe that the parolee has violated a condition of 14
4419	4418		parole, the parole revocation hearing judge may order the parolee returned to 15
4420	4419		the nearest facility of the Division of Correction or Division of Community 16
4421	4420		Correction where the pa rolee shall be placed in custody for a parole 17
4422	4421		revocation hearing before the board. 18
4423	4422		(6) If the parole revocation hearing judge finds that there is 19
4424	4423		reasonable cause to believe that the parolee has violated a condition of 20
4425	4424		parole, the parole revocation hearing judge may return the parolee to parole 21
4426	4425		supervision rather than to the custody of the Division of Correction and may 22
4427	4426		impose additional supervision conditions in response to the violating 23
4428	4427		conduct. 24
4429	4428		(7) If the parole revocation hearing judge does not find 25
4430	4429		reasonable cause, he or she shall order the parolee released from custody, 26
4431	4430		but that action shall not bar the board from holding a parole revocation 27
4432	4431		hearing on the alleged violation of parole or from ordering the parolee to 28
4433	4432		appear before the board. 29
4434	4433		(8) The parole revocation hearing judge shall prepare and 30
4435	4434		furnish to the board and the parolee a summary of the parole revocation 31
4436	4435		hearing, including the substance of the evidence and testimony considered 32
4437	4436		along with the ruling or determination, within twenty -one (21) days from the 33
4438	4437		date of the preliminary hearing, excluding a weekend, holiday, or delay 34
4439	4438		caused by an act of nature. 35
4440	4439		36 As Engrossed: S3/30/23 H4/5/23 SB495
4441	4440
4442	4441		112 04-05-2023 16:03:12 JLC013
4443	4442
4444	4443
4445	4444		SECTION 205. Arkansas Code § 16 -93-705(d)(1), concerning procedures 1
4446	4445		for parole revocation, is amended to read as follows: 2
4447	4446		(1) The parolee shall have the right to confront and cross -3
4448	4447		examine adverse witnesses unless the parole revocation hearing judge or the 4
4449	4448		board or its designee specifically finds good cause for not allowing 5
4450	4449		confrontation; and 6
4451	4450		7
4452	4451		SECTION 206. Arkansas Code § 16 -93-706(a)(1), concerning the subpo ena 8
4453	4452		of witnesses and documents for a parole revocation hearing, is amended to 9
4454	4453		read as follows: 10
4455	4454		(a)(1) The Chair of the Parole Post-Prison Transfer Board or his or 11
4456	4455		her designee, the hearing officer presiding over any preliminary hearing with 12
4457	4456		respect to an alleged parole violation, the administrator of the Parole Post-13
4458	4457		Prison Transfer Board, or any member of the board pursuant to the authority 14
4459	4458		of the board to meet and determine whether to revoke parole shall have the 15
4460	4459		power to issue oaths and to subpoena witn esses to appear and testify and 16
4461	4460		bring before the hearing officer or the board any relevant books, papers, 17
4462	4461		records, or documents. 18
4463	4462		19
4464	4463		SECTION 207. Arkansas Code § 16 -93-708(b)(1)(A), concerning home 20
4465	4464		detention as a parole alternative, is amended to read as fo llows: 21
4466	4465		(b)(1)(A) Subject to the provisions of subdivision (b)(2) of this 22
4467	4466		section, a defendant convicted of a felony or misdemeanor and sentenced to 23
4468	4467		imprisonment may be incarcerated in a home detention program when the 24
4469	4468		Director of the Department Division of Correction or the Director of the 25
4470	4469		Department Division of Community Correction communicates to the Parole Post-26
4471	4470		Prison Transfer Board when, in the independent opinions of either a 27
4472	4471		Department Division of Correction physician or Department Division of 28
4473	4472		Community Correction physician and a consultant physician in Arkansas, an 29
4474	4473		inmate is either terminally ill, permanently incapacitated, or would be 30
4475	4474		suitable for hospice care and should be considered for transfer to parole 31
4476	4475		supervision. 32
4477	4476		33
4478	4477		SECTION 208. Arkansas Code § 16-93-708(b)(1)(B), concerning home 34
4479	4478		detention as a parole alternative, is amended to read as follows: 35
4480	4479		(B) The Director of the Department Division of Correction 36 As Engrossed: S3/30/23 H4/5/23 SB495
4481	4480
4482	4481		113 04-05-2023 16:03:12 JLC013
4483	4482
4484	4483
4485	4484		or the Director of the Department Division of Community Correction shall make 1
4486	4485		the facts described in subdivision (b)(1)(A) of this section known to the 2
4487	4486		Parole Post-Prison Transfer Board for consideration of early release to home 3
4488	4487		detention. 4
4489	4488		5
4490	4489		SECTION 209. Arkansas Code § 16 -93-709(a), concerning the prohibition 6
4491	4490		on a sex offender residing with a minor, is amended to read as follows: 7
4492	4491		(a) Whenever an inmate in a facility of the Division of Correction who 8
4493	4492		has been found guilty of or has pleaded guilty or nolo contendere to any 9
4494	4493		sexual offense defined in § 5-14-101 et seq., or incest as defined by § 5 -26-10
4495	4494		202, and the sexual offense or incest was perpetrated against a minor, 11
4496	4495		becomes eligible for parole and makes application for release on parole, the 12
4497	4496		Parole Post-Prison Transfer Board shall prohibit, as a condition of granting 13
4498	4497		the parole, the parolee from residing upon parole in a residence with any 14
4499	4498		minor, unless the board makes a specific finding that the inmate poses no 15
4500	4499		danger to the minors residing in the residence. 16
4501	4500		17
4502	4501		SECTION 210. Arkansas Code § 16 -93-710(a)(1), concerning parole for 18
4503	4502		inmates who have served imprisonment in the county jail prior to being 19
4504	4503		processed into the Division of Correction, is amended to read as follows: 20
4505	4504		(a)(1) Subject to conditions set by the Parole Post-Prison Transfer 21
4506	4505		Board, an offender convicted of a felony and sentenced to a term of 22
4507	4506		imprisonment of two (2) years or less in the Division of Correction, and who 23
4508	4507		has served his or her term of imprisonment in a county jail prior to being 24
4509	4508		processed into the Division of Correction, may be paroled from the Division 25
4510	4509		of Correction county jail backup facility directly to the Division of 26
4511	4510		Community Correction under parole supervision, and upon eligibility 27
4512	4511		determination, processed for release by the board. 28
4513	4512		29
4514	4513		SECTION 211. Arkansas Code § 1 6-93-711(b)(1)(B), concerning electronic 30
4515	4514		monitoring as a parole alternative, is amended to read as follows: 31
4516	4515		(B) The Director of the Department Division of Correction 32
4517	4516		shall make the facts described in subdivision (b)(1)(A) of this section known 33
4518	4517		to the Parole Post-Prison Transfer Board for consideration of electronic 34
4519	4518		monitoring. 35
4520	4519		36 As Engrossed: S3/30/23 H4/5/23 SB495
4521	4520
4522	4521		114 04-05-2023 16:03:12 JLC013
4523	4522
4524	4523
4525	4524		SECTION 212. Arkansas Code § 16 -93-712(a)(1), concerning parole 1
4526	4525		supervision, is amended to read as follows: 2
4527	4526		(a)(1) The Parole Post-Prison Transfer Board shall establish writ ten 3
4528	4527		policies and procedures governing the supervision of parolees designed to 4
4529	4528		enhance public safety and to assist the parolees in reintegrating into 5
4530	4529		society. 6
4531	4530		7
4532	4531		SECTION 213. The introductory language of Arkansas Code § 16 -93-8
4533	4532		712(b), concerning parole supervision, is amended to read as follows: 9
4534	4533		(b) A parole community supervision officer shall: 10
4535	4534		11
4536	4535		SECTION 214. Arkansas Code § 16 -93-712(b)(1), concerning the duties of 12
4537	4536		a community supervision officer in relation to parole supervision, is amended 13
4538	4537		to read as follows: 14
4539	4538		(1) Investigate each case referred to him or her by the Chair of 15
4540	4539		the Parole Post-Prison Transfer Board, the Division of Community Correction, 16
4541	4540		or the prosecuting attorney; 17
4542	4541		18
4543	4542		SECTION 215. Arkansas Code § 16 -93-712(d)(2)(A)(i) and (ii), 19
4544	4543		concerning the sanctioning grid required for parole supervision, are amended 20
4545	4544		to read as follows: 21
4546	4545		(2)(A)(i) The Division of Community Correction shall develop an 22
4547	4546		intermediate sanctions procedure and grid to guide a parole community 23
4548	4547		supervision officer in determining the appropriate response to a violation of 24
4549	4548		conditions of supervision. 25
4550	4549		(ii) The intermediate sanctions procedure shall 26
4551	4550		include a requirement that the parole community supervision officer consider 27
4552	4551		multiple factors when determining the sanction t o be imposed, including 28
4553	4552		previous violations and sanctions and the severity of the current and prior 29
4554	4553		violation. 30
4555	4554		31
4556	4555		SECTION 216. Arkansas Code § 16 -93-712(d)(2), concerning the 32
4557	4556		sanctioning grid required for community supervision, is amended to add an 33
4558	4557		additional subdivision to read as follows: 34
4559	4558		(C) The intermediate sanctioning grid shall include: 35
4560	4559		(i) An assignment of point values to commonly 36 As Engrossed: S3/30/23 H4/5/23 SB495
4561	4560
4562	4561		115 04-05-2023 16:03:12 JLC013
4563	4562
4564	4563
4565	4564		occurring violations of terms of parole or criminal behavior; 1
4566	4565		(ii) An assignment of point values to behaviors that 2
4567	4566		decrease the likelihood of recidivism, including without limitation: 3
4568	4567		(a) Education; 4
4569	4568		(b) Workforce development; 5
4570	4569		(c) Community service; and 6
4571	4570		(d) Behavioral health programming; 7
4572	4571		(iii) Details on the mechanisms by which points are 8
4573	4572		accumulated and reduced; and 9
4574	4573		(iv) Guidance on which intermediate sanctions should 10
4575	4574		be applied at which point thresholds. 11
4576	4575		12
4577	4576		SECTION 217. Arkansas Code § 16 -93-712(d)(2)(B)(d), concerning 13
4578	4577		sanctions permitted for parole supervision, is amended to read as follows: 14
4579	4578		(d) A parolee may not be incarcerated more 15
4580	4579		than two (2) times as a parole sanction in a Division of Community Correction 16
4581	4580		facility or Division of Correction facility during a two-year period. 17
4582	4581		18
4583	4582		SECTION 218. Arkansas Code § 16-93-712(d)(3)(E)(ii)(b), concerning 19
4584	4583		sanctions permitted for parole supervision, is amended to read as follows: 20
4585	4584		(b) A parolee shall accumulate no more than 21
4586	4585		twenty-one (21) days' incarceration in a county jail or no more than two 22
4587	4586		hundred forty (240) days' incarceration in a Division of Community Correction 23
4588	4587		facility or Division of Correction facility as an intermediate sanction 24
4589	4588		before the parole community supervision officer recommends a violation of the 25
4590	4589		person's parole under § 16 -93-706. 26
4591	4590		27
4592	4591		SECTION 219. Arkansas Code § 16 -93-713, is amended to read as follows: 28
4593	4592		16-93-713. Rulemaking authority. 29
4594	4593		The Parole Post-Prison Transfer Board may adopt rules to implement, 30
4595	4594		administer, and enforce this subchapter. 31
4596	4595		32
4597	4596		SECTION 220. Arkansas Code § 16 -93-714, is amended to read as follows: 33
4598	4597		16-93-714. Denial of parole — Detriment to the community. 34
4599	4598		The Parole Post-Prison Transfer Board may deny parole to any otherwise 35
4600	4599		eligible person, regardless of the sentence that he or she is serving, if 36 As Engrossed: S3/30/23 H4/5/23 SB495
4601	4600
4602	4601		116 04-05-2023 16:03:12 JLC013
4603	4602
4604	4603
4605	4604		five (5) members of the board determine that the person upon release would be 1
4606	4605		a detriment to the community into which the person would be released. 2
4607	4606		3
4608	4607		SECTION 221. Arkansas Code § 16 -93-715(b)(2)(C), concerning revocation 4
4609	4608		of parole after sanctions for technical violations, is a mended to read as 5
4610	4609		follows: 6
4611	4610		(C) A parolee is subject to having his or her parole 7
4612	4611		revoked and being returned to the Division of Correction or the Division of 8
4613	4612		Community Correction under this section without having been sanctioned for a 9
4614	4613		period of confinement set out under § 16 -93-712(d) or subdivision (a)(1) of 10
4615	4614		this section if the Parole Post-Prison Transfer Board determines by a 11
4616	4615		preponderance of the evidence that the parolee is engaging in or has engaged 12
4617	4616		in behavior that poses a threat to the community. 13
4618	4617		14
4619	4618		SECTION 222. Arkansas Code § 16 -93-1202(4), concerning the definitions 15
4620	4619		to be used in relation to community correction, is amended to read as 16
4621	4620		follows: 17
4622	4621		(4) “Division of Community Correction” means the administrative 18
4623	4622		structure in place to oversee the deve lopment and operation of community 19
4624	4623		correction facilities, programs, and services, including probation , and 20
4625	4624		parole, and post-release supervision; 21
4626	4625		22
4627	4626		SECTION 223. Arkansas Code § 16 -93-1202(8), concerning the definitions 23
4628	4627		to be used in relation to community correction, is amended to read as 24
4629	4628		follows: 25
4630	4629		(8) “Supervision” means direct supervision at varying levels of 26
4631	4630		intensity by either probation community supervision officers in the case of 27
4632	4631		sentences to probation with a condition of community correction , or parole 28
4633	4632		and post-prison supervision officers, in the case of or offenders eligible 29
4634	4633		for release on parole or offenders transferred to community correction or 30
4635	4634		community supervision from the Division of Correction; 31
4636	4635		32
4637	4636		SECTION 224. Arkansas Code § 16 -93-1202(10), concerning the 33
4638	4637		definitions to be used in relation to community correction, is amended to 34
4639	4638		read as follows: 35
4640	4639		(10)(A)(i) “Target group” means a group of offenders who have 36 As Engrossed: S3/30/23 H4/5/23 SB495
4641	4640
4642	4641		117 04-05-2023 16:03:12 JLC013
4643	4642
4644	4643
4645	4644		committed one (1) or more of the following offenses without limitation: 1
4646	4645		(a) Terroristic threatening, § 5 -13-301, if a 2
4647	4646		firearm was not used or brandished during the commission of the offense; 3
4648	4647		(b)(a) Endangering the welfare of a minor in the 4
4649	4648		first degree, § 5-27-205; 5
4650	4649		(c)(b) Theft, § 5-36-101 et seq.; 6
4651	4650		(d)(c) Theft by receiving, § 5-36-106; 7
4652	4651		(e)(d) Fraudulent use of a credit card or debit 8
4653	4652		card, § 5-37-207; 9
4654	4653		(f)(e) Violation of the Arkansas Hot Check Law, § 5 -10
4655	4654		37-301 et seq.; 11
4656	4655		(g)(f) Criminal mischief in the first degree, § 5 -12
4657	4656		38-203, and criminal mischief in the second degree, § 5 -38-204; 13
4658	4657		(h)(g) Commercial burglary, § 5 -39-201(b); 14
4659	4658		(i)(h) Breaking or entering, § 5 -39-202; 15
4660	4659		(j)(i) Failure to appear, § 5 -54-120; 16
4661	4660		(k)(j) Drug paraphernalia, § 5 -64-443; 17
4662	4661		(l)(k) Driving or boating while intoxicated, § 5 -65-18
4663	4662		103, fourth or subsequent offense; 19
4664	4663		(m)(l) Leaving the scene of an accident resulting in 20
4665	4664		death or injury, § 27 -53-101; 21
4666	4665		(n)(m) A Class B felony, Class C felony, or Class D 22
4667	4666		felony that is not violent or sexual and that meets the eligibility criteria 23
4668	4667		determined by the General Assembly to have significant impact on the use of 24
4669	4668		correctional resources; 25
4670	4669		(o)(n) A controlled substance felony, other than 26
4671	4670		trafficking a controlled substance, § 5 -64-440; 27
4672	4671		(p)(o) An unclassified felony for which the 28
4673	4672		prescribed limitations on the sentence do not exceed the prescribed 29
4674	4673		limitations for a Class B felony and that is not violent or sexual; and 30
4675	4674		(q)(p) Solicitation, attempt, or conspiracy to 31
4676	4675		commit an offense listed in this subdivision (10)(A)(i). 32
4677	4676		(ii) As used in this subdivision (10)(A), “violent or 33
4678	4677		sexual” includes: 34
4679	4678		(a) An offense against the person under § 5 -10-101 35
4680	4679		et seq., § 5-11-101 et seq., § 5-12-101 et seq., § 5-13-201 et seq., § 5-13-36 As Engrossed: S3/30/23 H4/5/23 SB495
4681	4680
4682	4681		118 04-05-2023 16:03:12 JLC013
4683	4682
4684	4683
4685	4684		310, and § 5-14-101 et seq.; and 1
4686	4685		(b) A felony ineligible to receive earned release 2
4687	4686		credits or a restricted release felony, as defined in § 16 -93-1802; and 3
4688	4687		(b)(c) An offense containing as an element of the 4
4689	4688		offense the use of physical force, the threatened use of serious physical 5
4690	4689		force, the infliction of physical injury, or the creation of a substantial 6
4691	4690		risk of serious physical injury, and an offense for which the offender is 7
4692	4691		required to register as a sex offender under the Sex Offender Registration 8
4693	4692		Act of 1997, § 12-12-901 et seq. 9
4694	4693		(iii) For the purpose of the sealing of a criminal record 10
4695	4694		under § 16-93-1207, “target group” includes any misdemeanor conviction exc ept 11
4696	4695		a misdemeanor conviction for which the offender is required to register as a 12
4697	4696		sex offender or a misdemeanor conviction for driving while intoxicated. 13
4698	4697		(B) Except for those offenders assigned to a technical violator 14
4699	4698		program, only those offenders fallin g within the target group population may 15
4700	4699		access community correction facilities whether by judicial transfer, 16
4701	4700		administrative transfer, drug court sanction, or probation sanction. 17
4702	4701		(C) Final determination of eligibility for placement in any 18
4703	4702		community correction center or program is the responsibility of the Division 19
4704	4703		of Community Correction; 20
4705	4704		21
4706	4705		SECTION 225. Arkansas Code § 16 -93-1208(a)(1)(A), concerning post -22
4707	4706		commitment transfer to community correction, is amended to read as follows: 23
4708	4707		(a)(1)(A) Upon commitment of an eligible offender to the Division of 24
4709	4708		Correction, the Division of Correction will transfer the eligible offender to 25
4710	4709		a community correction program, when he or she reaches his or her transfer 26
4711	4710		date, in accordance with the rule s promulgated by the Board of Corrections 27
4712	4711		and conditions set by the Parole Post-Prison Transfer Board. 28
4713	4712		29
4714	4713		SECTION 226. Arkansas Code § 16 -93-1208(a)(2), concerning post -30
4715	4714		commitment transfer to community correction, is amended to read as follows: 31
4716	4715		(2) A person eligible for release from incarceration on parole 32
4717	4716		or post-release supervision may be placed in community correction programming 33
4718	4717		while under parole supervision or post-release supervision upon the 34
4719	4718		recommendation of the condition by the releasing author ity. 35
4720	4719		36 As Engrossed: S3/30/23 H4/5/23 SB495
4721	4720
4722	4721		119 04-05-2023 16:03:12 JLC013
4723	4722
4724	4723
4725	4724		SECTION 227. Arkansas Code § 16 -93-1209, concerning post -commitment 1
4726	4725		transfer to community correction, is amended to read as follows: 2
4727	4726		16-93-1209. Liability. 3
4728	4727		The Division of Correction, the Board of Corrections, the Division of 4
4729	4728		Community Correction, the Parole Post-Prison Transfer Board, and all 5
4730	4729		governmental agencies and units utilizing eligible offenders in community 6
4731	4730		correction programs as defined in this subc hapter are immune from liability 7
4732	4731		and suit for damages, and no tort action shall lie against the Division of 8
4733	4732		Correction, the Board of Corrections, the Division of Community Correction, 9
4734	4733		the Parole Post-Prison Transfer Board, and any governmental agency or un it or 10
4735	4734		any of their employees because of any acts of eligible offenders utilized 11
4736	4735		under the provisions of this subchapter. 12
4737	4736		13
4738	4737		SECTION 228. Arkansas Code § 16 -93-1401(2), concerning notification of 14
4739	4738		offenders' acquired immune deficiency syndrome status and rel ated 15
4740	4739		definitions, is amended to read as follows: 16
4741	4740		(2) “Parole or probation Community supervision officer” means a 17
4742	4741		parole, post-release supervision, or probation officer of the Department 18
4743	4742		Division of Community Correction. 19
4744	4743		20
4745	4744		SECTION 229. Arkansas Code § 1 6-93-1402(a), concerning notification of 21
4746	4745		offenders' acquired immune deficiency syndrome status, is amended to read as 22
4747	4746		follows: 23
4748	4747		(a) The purpose of this subchapter is to provide parole or probation 24
4749	4748		community supervision officers with information so they ca n make informed 25
4750	4749		programming decisions and direct offenders to autoimmune deficiency syndrome -26
4751	4750		related resources, including appropriate financial, housing, legal, medical, 27
4752	4751		and counseling services. 28
4753	4752		29
4754	4753		SECTION 230. Arkansas Code § 16 -93-1402(b), concerning not ification of 30
4755	4754		offenders' acquired immune deficiency syndrome status, is amended to read as 31
4756	4755		follows: 32
4757	4756		(b) Upon the release of an offender from a correctional institution, a 33
4758	4757		medical representative of the correctional institution shall notify the 34
4759	4758		offender's parole or probation community supervision officer when the 35
4760	4759		offender has tested positive for infection with human immunodeficiency virus 36 As Engrossed: S3/30/23 H4/5/23 SB495
4761	4760
4762	4761		120 04-05-2023 16:03:12 JLC013
4763	4762
4764	4763
4765	4764		(HIV), or has been diagnosed as having acquired deficiency syndrome (AIDS) or 1
4766	4765		acquired immune deficiency syndrome -related conditions. 2
4767	4766		3
4768	4767		SECTION 231. Arkansas Code § 16 -93-1402(c), concerning notification of 4
4769	4768		offenders' acquired immune deficiency syndrome status, is amended to read as 5
4770	4769		follows: 6
4771	4770		(c) Information obtained by a parole or probation community 7
4772	4771		supervision officer pursuant to this subchapter shall be confidential and 8
4773	4772		shall not be disclosed except as specifically authorized by this subchapter. 9
4774	4773		10
4775	4774		SECTION 232. Arkansas Code § 16 -93-1602(3)(A), concerning definitions 11
4776	4775		related to transitional housing for offenders transferring from the Division 12
4777	4776		of Correction, is amended to read as follows: 13
4778	4777		(3)(A) “Transitional housing” means a program that provides 14
4779	4778		housing for one (1) or more offenders who either have been transferred or 15
4780	4779		paroled from the Division of Correction by the Parole Post-Prison Transfer 16
4781	4780		Board or placed on probation by a circuit court or district court. 17
4782	4781		18
4783	4782		SECTION 233. Arkansas Code § 16 -93-1603(b)(1), concerning powers and 19
4784	4783		duties of the Board of Corrections related to transitional housing for 20
4785	4784		offenders transferring from the Division of Correction, is amended to read as 21
4786	4785		follows: 22
4787	4786		(b)(1) The Parole Post-Prison Transfer Board, a district court, or a 23
4788	4787		circuit court shall not release a transferee, parolee, or probationer to a 24
4789	4788		transitional housing facility as a resident unless the transitional housing 25
4790	4789		facility provides a copy of a current license issued by the Division of 26
4791	4790		Community Correction under § 16 -93-1604. 27
4792	4791		28
4793	4792		SECTION 234. Arkansas Code § 16 -97-103(1), concerning relevant 29
4794	4793		evidence related to sentencing, is amended to read as follows: 30
4795	4794		(1) The law applicable to parole, post-release supervision, 31
4796	4795		meritorious good time, earned release credits, or transfer; 32
4797	4796		33
4798	4797		SECTION 235. Arkansas Code § 16 -112-208(c)(2)(C), concerning actions a 34
4799	4798		court may take upon finding tha t a person's assertion of actual innocence is 35
4800	4799		false, is amended to read as follows: 36 As Engrossed: S3/30/23 H4/5/23 SB495
4801	4800
4802	4801		121 04-05-2023 16:03:12 JLC013
4803	4802
4804	4803
4805	4804		(C) Forward the finding to the Board of Corrections for 1
4806	4805		consideration in the awarding of meritorious good time or earned release 2
4807	4806		credits to the person; or 3
4808	4807		4
4809	4808		SECTION 236. Arkansas Code § 16 -112-208(c)(2)(D), concerning new 5
4810	4809		evidence based on new deoxyribonucleic acid technology, is amended to read as 6
4811	4810		follows: 7
4812	4811		(D) Forward the finding to the Parole Post-Prison Transfer 8
4813	4812		Board for consideration in the granting of parol e or post-release supervision 9
4814	4813		to the person. 10
4815	4814		11
4816	4815		SECTION 237. Arkansas Code § 17 -1-103(d)(1), concerning registration, 12
4817	4816		certification, and licensing for criminal offenders and evidence of 13
4818	4817		rehabilitation, is amended to read as follows: 14
4819	4818		(1) Probation, or parole, or post-release supervision; and 15
4820	4819		16
4821	4820		SECTION 238. Arkansas Code § 17 -19-301(a), concerning premiums for 17
4822	4821		bail bonds, is amended to read as follows: 18
4823	4822		(a)(1) With the exception of other provisions of Except as provided in 19
4824	4823		this section, the premium or compensation for giving bond or depositing money 20
4825	4824		or property as bail on any bond shall be ten percent (10%), except that the 21
4826	4825		amount may be rounded up to the nearest five -dollar amount. 22
4827	4826		(2)(A) The premium or compensation under subdivision (a)(1) of 23
4828	4827		this section shall be deposited in full prior to release. 24
4829	4828		(B) In no event shall all or a portion of the premium or 25
4830	4829		compensation under subdivision (a)(1) of this section be deposited after 26
4831	4830		release. 27
4832	4831		(3) If property is deposited as bail to meet the pr emium or 28
4833	4832		compensation under subdivision (a)(1) of this section, appropriate 29
4834	4833		documentation shall be submitted to the court verifying: 30
4835	4834		(A) The value of the property deposited as bail; and 31
4836	4835		(B) That title to the property has been transferred to the 32
4837	4836		surety. 33
4838	4837		34
4839	4838		SECTION 239. Arkansas Code § 19 -5-302(12)(B)(ii), concerning the 35
4840	4839		Miscellaneous Agencies Fund Account that is part of the State General 36 As Engrossed: S3/30/23 H4/5/23 SB495
4841	4840
4842	4841		122 04-05-2023 16:03:12 JLC013
4843	4842
4844	4843
4845	4844		Government Fund, is amended to read as follows: 1
4846	4845		(ii) Nonrevenue income derived from services 2
4847	4846		provided by the probation, parole, post-release supervision, and community 3
4848	4847		correction program; and 4
4849	4848		5
4850	4849		SECTION 240. Arkansas Code § 19 -6-301(31), concerning enumerated 6
4851	4850		special revenues, is amended to read as follows: 7
4852	4851		(31) Fees recovered from ex -offenders on probatio n, or parole, 8
4853	4852		or post-release supervision from a facility of the Division of Community 9
4854	4853		Correction, as enacted by Acts 1981, No. 70, and all laws amendatory thereto, 10
4855	4854		§ 16-93-104; 11
4856	4855		12
4857	4856		SECTION 241. Arkansas Code § 19 -10-204(b)(5), concerning the 13
4858	4857		jurisdiction of the Arkansas State Claims Commission, is amended to read as 14
4859	4858		follows: 15
4860	4859		(5) Brought against the Division of Community Correction for 16
4861	4860		acts committed by a person while that person is subject to conditions of 17
4862	4861		parole, post-release supervision, or probation under Arkansas law; 18
4863	4862		19
4864	4863		SECTION 242. Arkansas Code § 20 -13-1704(b), concerning immunity for 20
4865	4864		seeking medical assistance related to a controlled substance, is amended to 21
4866	4865		read as follows: 22
4867	4866		(b) A person shall not be subject to penalties for a violation of a 23
4868	4867		permanent or temporary protective order or restraining order or sanctions for 24
4869	4868		a violation of a condition of pretrial release, condition of probation, or 25
4870	4869		condition of parole or post-release supervision based on the possession of a 26
4871	4870		controlled substance in violation of § 5 -64-419 if the penalties or sanctions 27
4872	4871		are related to the seeking of medical assistance. 28
4873	4872		29
4874	4873		SECTION 243. Arkansas Code § 20 -18-306 is amended to read as follows: 30
4875	4874		20-18-306. Fees for certified copies. 31
4876	4875		(a) All Except as provided in subsections (b) and (c) of this section, 32
4877	4876		all fees for certified copies of vital records or vital reports under this 33
4878	4877		chapter are listed in § 20-7-123. 34
4879	4878		(b)(1) However, certified Certified copies of the records shall be 35
4880	4879		furnished to veterans or their dependents without costs when the Department 36 As Engrossed: S3/30/23 H4/5/23 SB495
4881	4880
4882	4881		123 04-05-2023 16:03:12 JLC013
4883	4882
4884	4883
4885	4884		of Veterans Affairs requires certified copies of the records. 1
4886	4885		(2) Any veteran or his or her dependents shall make application 2
4887	4886		and shall execute an unnota rized affidavit that he or she is a veteran or a 3
4888	4887		dependent of a veteran in order to obtain the free certified copy of any 4
4889	4888		vital record. 5
4890	4889		(3) Any person who falsely or fraudulently makes an application 6
4891	4890		and unnotarized affidavit that he or she is a veteran or a dependent of a 7
4892	4891		veteran when the person is not a veteran or a dependent of a veteran shall be 8
4893	4892		guilty of a misdemeanor. Upon conviction, the person shall be subject to a 9
4894	4893		fine of not less than fifty dollars ($50.00) nor more than two hundred fifty 10
4895	4894		dollars ($250) or imprisonment for not less than thirty (30) days nor more 11
4896	4895		than six (6) months, or both fine and imprisonment. 12
4897	4896		(c) Certified copies of the records shall be furnished to the 13
4898	4897		Department of Corrections on behalf on a state inmate without costs wh en 14
4899	4898		requested as release documentation for the state inmate. 15
4900	4899		16
4901	4900		SECTION 244. Arkansas Code § 20 -38-105(d)(3)(D), concerning exceptions 17
4902	4901		to background checks and disqualification from employment, is amended to read 18
4903	4902		as follows: 19
4904	4903		(D) The person has completed probation, or parole, or 20
4905	4904		post-release supervision, paid all court -ordered fees or fines, including 21
4906	4905		restitution, and fully complied with all court orders pertaining to the 22
4907	4906		conviction or plea; 23
4908	4907		24
4909	4908		SECTION 245. Arkansas Code § 20 -76-410(a)(6), concerning cond uct that 25
4910	4909		warrants a reduction in a grant of assistance, is amended to read as follows: 26
4911	4910		(6) The individual flees prosecution or custody or confinement 27
4912	4911		following conviction or is in violation of the terms or conditions of parole , 28
4913	4912		post-release supervision, or probation. 29
4914	4913		30
4915	4914		SECTION 246. Arkansas Code § 25 -16-904(11), concerning state boards 31
4916	4915		that may pay a stipend to members, is amended to read as follows: 32
4917	4916		(11) Parole Post-Prison Transfer Board; 33
4918	4917		34
4919	4918		SECTION 247. Arkansas Code § 25 -43-402(a)(7), concerning s tate 35
4920	4919		entities transferred to the Department of Corrections, is amended to read as 36 As Engrossed: S3/30/23 H4/5/23 SB495
4921	4920
4922	4921		124 04-05-2023 16:03:12 JLC013
4923	4922
4924	4923
4925	4924		follows: 1
4926	4925		(7) The Parole Post-Prison Transfer Board, created under § 16 -2
4927	4926		93-201; 3
4928	4927		4
4929	4928		SECTION 248. Arkansas Code § 25 -43-403(c), concerning the Secretary of 5
4930	4929		the Department of Corrections, is amended to read as follows: 6
4931	4930		(c) The secretary may perform all duties to administer the department, 7
4932	4931		subject to Arkansas Constitution, Amendment 33, including without limitation: 8
4933	4932		(1) Delegate to the employees of the department any of the 9
4934	4933		powers or duties of the department required to administer the: 10
4935	4934		(A) Statutory duties; or 11
4936	4935		(B) Rules, orders, or directives promulgated or issued by 12
4937	4936		the state entities transferred to or established within the department; 13
4938	4937		(2) Hire department personnel; and 14
4939	4938		(3) Perform or assign duties assigned to the department or to 15
4940	4939		the employees of the department ; and 16
4941	4940		(4)(A) Ensure compliance with the balanced correctional plan 17
4942	4941		developed under § 16 -90-802(d)(4) by reviewing the str ategic plans of the 18
4943	4942		state entities transferred to or established within the department . 19
4944	4943		(B) Review by the secretary under subdivision (c)(4)(A) of 20
4945	4944		this section shall be conducted before the review and approval of the 21
4946	4945		authority of a state entity that is required to develop a strategic plan. 22
4947	4946		23
4948	4947		SECTION 249. Arkansas Code § 27 -16-816 is amended to read as follows: 24
4949	4948		27-16-816. Probationer and parolee restricted permits. 25
4950	4949		(a)(1) If a person is on probation , or parole, or post-release 26
4951	4950		supervision, or is within ninety (90) days of release on probation , or 27
4952	4951		parole, or post-release supervision, for an offense that did not involve the 28
4953	4952		operation of a motor vehicle and he or she has his or her license suspended 29
4954	4953		for a reason not listed under § 27 -16-915(b)(2)(C), the person may be 30
4955	4954		eligible for a restricted driving permit under this section that permits the 31
4956	4955		holder to drive a motor vehicle directly to and directly home from: 32
4957	4956		(A) A place where he or she is employed; 33
4958	4957		(B) A place where he or she, or his or her minor child, 34
4959	4958		attends school; 35
4960	4959		(C) A scheduled meeting with his or her probation or 36 As Engrossed: S3/30/23 H4/5/23 SB495
4961	4960
4962	4961		125 04-05-2023 16:03:12 JLC013
4963	4962
4964	4963
4965	4964		parole community supervision officer; or 1
4966	4965		(D) Any place, location, or meeting that the person's 2
4967	4966		probation or parole community supervision officer has directed t he person on 3
4968	4967		probation or parole to travel to or attend. 4
4969	4968		(2) This section does not apply to a person with an expired 5
4970	4969		driver's license or a person who has failed to comply with license 6
4971	4970		reinstatement requirements under § 5 -65-115(a) and § 5-65-121. 7
4972	4971		(3) The Department of Corrections shall provide access to the 8
4973	4972		programs required under § 5 -65-115(a) and § 5-65-121 to inmates. 9
4974	4973		(b)(1)(A) The application for a restricted driving permit under this 10
4975	4974		section by a person on probation , or parole, or post-release supervision may 11
4976	4975		be submitted electronically to the Department of Finance and Administration 12
4977	4976		by a probation or parole community supervision officer employed by the 13
4978	4977		Division of Community Correction. 14
4979	4978		(B) The department Department of Finance and 15
4980	4979		Administration shall determine whether the restricted driving permit that 16
4981	4980		allows a person on probation , or parole, or post-release supervision to drive 17
4982	4981		a motor vehicle to and from a place listed under subsection (a) of this 18
4983	4982		section shall be issued. 19
4984	4983		(2)(A) A restricted driving permit issued under this section 20
4985	4984		shall be a standardized permit, and the person possessing a restricted 21
4986	4985		driving permit under this section shall have the restricted driving permit in 22
4987	4986		his or her possession at all times when the person is operat ing a motor 23
4988	4987		vehicle until the person's driver's license is no longer suspended. 24
4989	4988		(B)(i) A restricted driving permit shall include the 25
4990	4989		address of the person's residence and the address of each location to and 26
4991	4990		from where the person is permitted to drive u nder this section. 27
4992	4991		(ii) The person's name and address on a restricted 28
4993	4992		driving permit under this section shall match the person's name and address 29
4994	4993		as listed on a valid state -issued identification in the person's possession. 30
4995	4994		(3) The department Department of Finance and Administration may 31
4996	4995		revoke a restricted driving permit under this section at any time and for any 32
4997	4996		reason. 33
4998	4997		(c) A person who knowingly creates a fraudulent restricted driving 34
4999	4998		permit, the purpose of which is to be used as a restrict ed driving permit 35
5000	4999		under this section upon conviction is guilty of a Class A misdemeanor. 36 As Engrossed: S3/30/23 H4/5/23 SB495
5001	5000
5002	5001		126 04-05-2023 16:03:12 JLC013
5003	5002
5004	5003
5005	5004		(d) A motor vehicle liability insurance carrier may provide liability 1
5006	5005		insurance for a person issued a restricted driving permit under this section 2
5007	5006		but is not required to issue an insurance policy for a person who has been 3
5008	5007		issued a restricted driving permit under this section. 4
5009	5008		(e)(1) A person on probation , or parole, or post-release supervision 5
5010	5009		who has been issued a restricted driving permit under this section shall 6
5011	5010		continue to have his or her driver's license suspended until the person has 7
5012	5011		satisfied all the requirements necessary to remove his or her driver's 8
5013	5012		license from suspension. 9
5014	5013		(2) Once the person on probation , or parole, or post-release 10
5015	5014		supervision has his or her driver's license removed from suspension, he or 11
5016	5015		she shall be free from the restrictions placed on him or her under this 12
5017	5016		section. 13
5018	5017		(f) A restricted driving permit issued under this section expires on 14
5019	5018		the date on which the person is released from pro bation, or parole, or post-15
5020	5019		release supervision. 16
5021	5020		(g) The division and the department Department of Finance and 17
5022	5021		Administration may promulgate rules to implement this section. 18
5023	5022		19
5024	5023		SECTION 250. TEMPORARY LANGUAGE. DO NOT CODIFY. Legislative 20
5025	5024		Recidivism Reduction Task Force – Creation – Membership – Duties. 21
5026	5025		(a) There is created the Legislative Recidivism Reduction Task Force. 22
5027	5026		(b) The task force shall consist of the following nineteen (19) 23
5028	5027		members: 24
5029	5028		(1) One (1) member appointed by the Chief Justice o f the Supreme 25
5030	5029		Court; 26
5031	5030		(2) Nine (9) members appointed by the Governor, as follows: 27
5032	5031		(A) One (1) member who is a county sheriff; 28
5033	5032		(B) One (1) member who is a representative of the Arkansas 29
5034	5033		Public Defender Commission; 30
5035	5034		(C) One (1) member who is a p ublic defender; 31
5036	5035		(D) One (1) member who is a prosecuting attorney; 32
5037	5036		(E) One (1) member who is a member of the executive board 33
5038	5037		of the Arkansas Association of Chiefs of Police; 34
5039	5038		(F) One (1) member who is a victim of crime or an advocate 35
5040	5039		for victims of crime; 36 As Engrossed: S3/30/23 H4/5/23 SB495
5041	5040
5042	5041		127 04-05-2023 16:03:12 JLC013
5043	5042
5044	5043
5045	5044		(G) One (1) member who is a member of a community affected 1
5046	5045		by crime and who may be a person with personal experience in the criminal 2
5047	5046		justice system; and 3
5048	5047		(H) Two (2) at-large members who are representative of the 4
5049	5048		racial, ethnic, gender, or geographical diversity of the state; 5
5050	5049		(3) Two (2) members of the Senate appointed by the President Pro 6
5051	5050		Tempore of the Senate; 7
5052	5051		(4) Two (2) members of the House of Representatives appointed by 8
5053	5052		the Speaker of the House of Representatives; 9
5054	5053		(5) The Chair of the Board of Corrections, or his or her 10
5055	5054		designee; 11
5056	5055		(6) The Chair of the Arkansas Parole Board, or his or her 12
5057	5056		designee; 13
5058	5057		(7) The Secretary of the Department of Corrections, o r his or 14
5059	5058		her designee; 15
5060	5059		(8) The Director of the Division of Community Correction, or his 16
5061	5060		or her designee; and 17
5062	5061		(9) The Attorney General, or his or her designee. 18
5063	5062		(c) If a vacancy occurs on the task force, the vacancy shall be filled 19
5064	5063		by the same process as the original appointment. 20
5065	5064		(d)(1) The Senate members appointed by the President Pro Tempore of 21
5066	5065		the Senate shall call the first meeting of the task force no later than 22
5067	5066		August 31, 2023. 23
5068	5067		(2) At the first meeting of the task force, the members of the 24
5069	5068		task force shall elect from the membership a chair and other officers as 25
5070	5069		needed for the transaction of its business. 26
5071	5070		(3) The task force shall meet at least quarterly at the call of 27
5072	5071		the chair or a majority of the members of the task force. 28
5073	5072		(4) The task force shall meet at the State Capitol Building or 29
5074	5073		in the legislative committee rooms in the Multi -Agency Complex on the State 30
5075	5074		Capitol grounds. 31
5076	5075		(e)(1) The task force shall adopt rules and procedures for conducting 32
5077	5076		its business. 33
5078	5077		(2) Nine (9) members of the task force shall constitute a quorum 34
5079	5078		for transacting business. 35
5080	5079		(f) The purpose of the task force is to study and recommend 36 As Engrossed: S3/30/23 H4/5/23 SB495
5081	5080
5082	5081		128 04-05-2023 16:03:12 JLC013
5083	5082
5084	5083
5085	5084		improvements to the criminal justice system outcomes in the State of 1
5086	5085		Arkansas. 2
5087	5086		(g) To achieve this purpose, the task f orce, working with the support 3
5088	5087		of the Council of State Governments Justice Center, shall: 4
5089	5088		(1) Conduct a comprehensive data analysis to identify the 5
5090	5089		drivers of Arkansas’s high recidivism rates; 6
5091	5090		(2) Examine the effectiveness of current supervision practices 7
5092	5091		and responses to technical violations of supervision; 8
5093	5092		(3) Identify unnecessary barriers to successful reentry into 9
5094	5093		society; 10
5095	5094		(4) Determine gaps in behavioral health treatment, workforce 11
5096	5095		training, and other services for people on supervision and reentering society 12
5097	5096		from incarceration; 13
5098	5097		(5) Use data to identify how recidivism contributes to overall 14
5099	5098		crime and incarceration rates; and 15
5100	5099		(6) Develop data-driven recommendations for reducing recidivism 16
5101	5100		and improving outcomes for people on supervis ion and reentering society from 17
5102	5101		incarceration. 18
5103	5102		(h)(1) On or before December 31, 2023, the task force shall submit a 19
5104	5103		preliminary report to the Legislative Council, the Governor, and the Chief 20
5105	5104		Justice of the Supreme Court. 21
5106	5105		(2) On or before December 1, 2 024, the task force shall submit 22
5107	5106		its final report to the Legislative Council, the Governor, and the Chief 23
5108	5107		Justice of the Supreme Court. 24
5109	5108		(3) The preliminary report and the final report shall include 25
5110	5109		the task force’s activities, findings, and recommendati ons, including without 26
5111	5110		limitation: 27
5112	5111		(A) Recommendations for improvements to criminal justice 28
5113	5112		system outcomes; 29
5114	5113		(B) A summary of projected savings to the State of 30
5115	5114		Arkansas to be generated from adoption of the recommendations of the task 31
5116	5115		force; and 32
5117	5116		(C) The projected impact on public safety in the state 33
5118	5117		with adoption of the recommendations of the task force. 34
5119	5118		(i) The task force shall expire on December 31, 2024. 35
5120	5119		36 As Engrossed: S3/30/23 H4/5/23 SB495
5121	5120
5122	5121		129 04-05-2023 16:03:12 JLC013
5123	5122
5124	5123
5125	5124		SECTION 251. DO NOT CODIFY. CORRECTION OF TECHNICAL ERRORS RELATED TO 1
5126	5125		IMPLEMENTATION OF the "Protect Arkansas Act". 2
5127	5126		(a)(1) The General Assembly finds that: 3
5128	5127		(A) The implementation of this act involves a multitude of 4
5129	5128		changes to existing Arkansas law; 5
5130	5129		(B) Many of the changes implicated by this act are highly 6
5131	5130		technical and require careful study of the purpose and context of each 7
5132	5131		Arkansas Code section, with the need for some of the changes not becoming 8
5133	5132		apparent until the implementation of this act; 9
5134	5133		(C) When implementing revisions as large and comprehensive 10
5135	5134		as the changes under this act, it is inevitable that certain sections of the 11
5136	5135		Arkansas Code requiring technical changes to follow the intent of this act 12
5137	5136		will be either omitted or amended in a manner that is later found to be 13
5138	5137		erroneous and unintentional; 14
5139	5138		(D) It is likewise inevitable that other acts enacted by 15
5140	5139		the Ninety-fourth General Assembly will not take into account the changes in 16
5141	5140		this act, resulting in technical inconsistencies between newly passed laws; 17
5142	5141		and 18
5143	5142		(E) If the correct statutory change to remedy an 19
5144	5143		unintentional error or an inconsistency between this act and another act of 20
5145	5144		the Ninety-fourth General Assembly is readily apparent and consistent with 21
5146	5145		the intent of this act, the unintentional error or inconsistency should be 22
5147	5146		corrected as part of the codification process due to the technical nature of 23
5148	5147		the unintentional error or inconsistency. 24
5149	5148		(2) It is the intent of the General Assembly to empower the 25
5150	5149		Arkansas Code Revision Commission to correct technical errors identified in 26
5151	5150		the Arkansas Code during the implem entation of this act to allow this act to 27
5152	5151		be fully implemented. 28
5153	5152		(b)(1)(A) Any person or state entity identifying one (1) or more 29
5154	5153		sections of the Arkansas Code that require revision to implement the intent 30
5155	5154		of this act may notify the Director of the Bure au of Legislative Research or 31
5156	5155		his or her designee of the section or sections at issue. 32
5157	5156		(B) If the Bureau of Legislative Research, while assisting 33
5158	5157		the commission with the commission's powers and duties, becomes aware of one 34
5159	5158		(1) or more sections of the A rkansas Code that require revision to implement 35
5160	5159		the intent of this act for which it appears that the bureau and the 36 As Engrossed: S3/30/23 H4/5/23 SB495
5161	5160
5162	5161		130 04-05-2023 16:03:12 JLC013
5163	5162
5164	5163
5165	5164		commission do not have authority to make the necessary revision under § 1 -2-1
5166	5165		303(d), the bureau may notify the commission of the section or s ections at 2
5167	5166		issue. 3
5168	5167		(2) If the commission determines that the revision necessary to 4
5169	5168		one (1) or more sections of the Arkansas Code under subdivision (b)(1) of 5
5170	5169		this section is technical in nature, germane to the intent of this act, and 6
5171	5170		consistent with this act's policy and purposes, the commission may make the 7
5172	5171		revision to the Arkansas Code. 8
5173	5172		(3) The commission shall notify the publisher of the Arkansas 9
5174	5173		Code of a revision to the Arkansas Code under subdivision (b)(2) of this 10
5175	5174		section as soon as possible so t hat the revision may be reflected in the 11
5176	5175		official hard copy version of the Arkansas Code and official electronic 12
5177	5176		version of the Arkansas Code. 13
5178	5177		(4)(A) Except as provided in subdivision (b)(4)(B) of this 14
5179	5178		section, when the commission approves a revision to the Arkansas Code under 15
5180	5179		subdivision (b)(2) of this section, the commission shall notify the following 16
5181	5180		of the revision within thirty (30) days: 17
5182	5181		(i) The Speaker of the House of Representatives; 18
5183	5182		(ii) The President Pro Tempore of the Senate; and 19
5184	5183		(iii) The Legislative Council. 20
5185	5184		(B) The commission is not required to make a notification 21
5186	5185		under subdivision (b)(4)(A) of this section if the revision is made under § 22
5187	5186		1-2-303(d). 23
5188	5187		(c) The authority granted to the commission under this section is 24
5189	5188		supplemental to the commission's authority under § 1 -2-303. 25
5190	5189		(d) This section shall expire on December 31, 2024. 26
5191	5190		27
5192	5191		SECTION 252. DO NOT CODIFY. CONSTRUCTION. 28
5193	5192		(a) Except as provided in subsection (b) of this section, to the 29
5194	5193		extent that a conflict exists be tween an act of the regular session of the 30
5195	5194		Ninety-Fourth General Assembly and this act: 31
5196	5195		(1) Section 1-2-107 shall not apply; and 32
5197	5196		(2) All of the enactments of each act shall be given effect 33
5198	5197		except to the extent of irreconcilable conflicts, in which ca se the 34
5199	5198		conflicting provision of this act shall prevail. 35
5200	5199		(b) This section shall not revive or re -enact any provision of the 36 As Engrossed: S3/30/23 H4/5/23 SB495
5201	5200
5202	5201		131 04-05-2023 16:03:12 JLC013
5203	5202
5204	5203
5205	5204		Arkansas Code that has been repealed by an act of the regular session of the 1
5206	5205		Ninety-Fourth General Assembly, including without limi tation this act. 2
5207	5206		3
5208	5207		SECTION 253. DO NOT CODIFY. Severability. 4
5209	5208		As provided in § 1-2-117, the provisions of this act are severable, 5
5210	5209		and, if any portion of this act is determined to be unconstitutional or 6
5211	5210		invalid, the remaining portions of the act remain i n effect. 7
5212	5211		8
5213	5212		SECTION 254. DO NOT CODIFY. Revisions to position classification 9
5214	5213		titles. 10
5215	5214		(a) Any position classification title that is no longer appropriate in 11
5216	5215		light of the changes to Arkansas law under this act may be revised as 12
5217	5216		determined appropriate by the Office of Personnel Management, including 13
5218	5217		without limitation the revision of position cla ssification titles that 14
5219	5218		reference the Parole Board to instead reference the Post -Prison Transfer 15
5220	5219		Board. 16
5221	5220		(b) The authority under subsection (a) of this section does not allow 17
5222	5221		for revisions to: 18
5223	5222		(1) A pay grade; 19
5224	5223		(2) A line item; 20
5225	5224		(3) The number of authorized classifications; or 21
5226	5225		(4) A job duty. 22
5227	5226		23
5228	5227		SECTION 255. DO NOT CODIFY. EFFECTIVE DATE. 24
5229	5228		Sections 1-249 of this act and sections 251 -254 of this act are 25
5230	5229		effective on and after January 1, 2024. 26
5231	5230		27
5232	5231		/s/Gilmore 28
5233	5232		29
5234	5233		30
5235		-	~~APPROVED: 4/11/23~~ 31
	5234	+	31
5236	5235		32
5237	5236		33
5238	5237		34
5239	5238		35
5240	5239		36