Stricken language would be deleted from and underlined language would be added to present law.
Act 659 of the Regular Session
*JLC013* 04-05-2023 16:03:12 JLC013
State of Arkansas As Engrossed: S3/30/23 H4/5/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 495 3
4
By: Senators Gilmore, J. Dismang, J. Boyd, J. Bryant, Caldwell, Crowell, B. Davis, Dees, J. English, 5
Flippo, K. Hammer, Hester, Hill, Irvin, B. Johnson, M. Johnson, M. McKee, C. Penzo, J. Petty, Rice, 6
Stone, G. Stubblefield, D. Wallace, A. Clark 7
By: Representatives Gazaway, M. Shepherd, Achor, Andrews, Barker, Beck, Beaty Jr., Bentley, M. Berry, 8
S. Berry, Breaux, Brooks, K. Brown, M. Brown, Burkes, Joey Carr, John Carr, Cavenaugh, C. Cooper, 9
Cozart, Crawford, Dalby, Duffield, Eaves, Eubanks, Evans, C. Fite, L. Fite, Fortner, Furman, Gramlich, 10
Haak, Hawk, G. Hodges, Holcomb, Hollowell, L. Johnson, Ladyman, Lundstrum, Maddox, McAlindon, 11
McCollum, McGrew, B. McKenzie, McNair, S. Meeks, Milligan, J. Moore, Painter, Pearce, Pilkington, 12
Ray, R. Scott Richardson, Richmond, Rose, Rye, Schulz, Steimel, Tosh, Underwood, Vaught, Walker, 13
Wardlaw, Warren, Watson, Wing, Wooldridge, Wooten 14
15
For An Act To Be Entitled 16
AN ACT TO CREATE THE PROTECT ARKANSAS ACT ; TO AMEND 17
ARKANSAS LAW CONCERN ING SENTENCING AND P AROLE; TO 18
AMEND ARKANSAS LAW C ONCERNING CERTAIN CR IMINAL 19
OFFENSES; TO AMEND A RKANSAS LAW CONCERNI NG THE PAROLE 20
BOARD; TO CREATE THE LEGISLATIVE RECIDIVI SM REDUCTION 21
TASK FORCE; AND FOR OTHER PURPOSES. 22
23
24
Subtitle 25
TO CREATE THE PROTECT ARKANSAS ACT; TO 26
AMEND ARKANSAS LAW CONCERNING SENTENCING 27
AND PAROLE; TO AMEND ARKANSAS LAW 28
CONCERNING CERTAIN CRIMINAL OFFENSES; AND 29
TO CREATE THE LEGISLATIVE RECIDIVISM 30
REDUCTION TASK FORCE. 31
32
33
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 34
35
SECTION 1. DO NOT CODIFY. This act shall be known as the "Protect 36 As Engrossed: S3/30/23 H4/5/23 SB495
2 04-05-2023 16:03:12 JLC013
Arkansas Act". 1
2
SECTION 2. Arkansas Code Title 16, Chapter 93, is amended to add 3
additional subchapters to read as follows: 4
Subchapter 18 — Release Eligibility and Procedures for Offenses Committed 5
on or after January 1, 2025 6
7
16-93-1801. Applicability. 8
(a) This subchapter applies to a felony offense committed on or after 9
January 1, 2025. 10
(b) A person who, before January 1, 2025, committed a felony and who 11
was convicted and incarcerated for that felony is eligible for release on 12
parole in accordance with the law in effect at the time the felony was 13
committed. 14
15
16-93-1802. Definitions. 16
As used in this subchapter: 17
(1)(A) “Felony ineligible to receive earned release credits” 18
means a felony offense for which a person is not eligible for release until 19
one hundred percent (100%) of the sentenced imposed by the sentencing court 20
has been served. 21
(B) "Felony ineligible to receive earned release credits" 22
includes only the following felony offenses, or an attempt, solicitation, or 23
conspiracy to commit one (1) of the following felony offenses: 24
(i) Capital murder, § 5 -10-101; 25
(ii) Murder in the fi rst degree, § 5-10-102; 26
(iii) Kidnapping, § 5 -11-102, if a Class Y felony; 27
(iv) Aggravated robbery, § 5 -12-103; 28
(v) Rape, § 5-14-103; 29
(vi) Trafficking of persons, § 5 -18-103; 30
(vii) Engaging children in sexually explicit conduct 31
for use in visual or print medium, § 5 -27-303; 32
(viii) Pandering or possessing visual or print 33
medium depicting sexually explicit conduct involving a child, § 5 -27-304; 34
(ix) Transportation of minors for prohibited sexual 35
conduct, § 5-27-305; 36 As Engrossed: S3/30/23 H4/5/23 SB495
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(x) Internet stalking of a child, § 5 -27-306; 1
(xi) Sexually grooming a child, § 5 -27-307, if a 2
felony offense; 3
(xii) Producing, directing, or promoting a sexual 4
performance by a child, § 5 -27-403; 5
(xiii) Computer exploitation of a child, § 5 -27-605; 6
(xiv) Causing a catastrophe, § 5 -38-202(a); 7
(xv) Aggravated residential burglary, § 5 -39-204, if 8
a Class Y felony; 9
(xvi) Treason, § 5-51-201; 10
(xvii) Fleeing, § 5 -54-125, if a Class B felony; and 11
(xviii) Possession of firear ms by certain persons, § 12
5-73-103, if a Class B felony; and 13
(2)(A) “Restricted release felony” means a felony offense for 14
which a person is not eligible for release until at least eighty -five percent 15
(85%) of the sentenced imposed by the sentencing cour t has been served. 16
(B) "Restricted release felony" includes only the following 17
felony offenses, or an attempt, solicitation, or conspiracy to commit one (1) 18
of the following felony offenses: 19
(i) Murder in the second degree, § 5 -10-103; 20
(ii) Manslaughter, § 5-10-104; 21
(iii) Negligent homicide, § 5-10-105, if a Class B 22
felony; 23
(iv) Encouraging the suicide of another person, § 5 -24
10-107; 25
(v) Kidnapping, § 5 -11-102, if a Class B felony; 26
(vi) Battery in the first degree, § 5 -13-201; 27
(vii) Terroristic act, § 5 -13-310; 28
(viii) Sexual indecency with a child, § 5 -14-110; 29
(ix) Sexual extortion, § 5 -14-113; 30
(x) Exposing another person to human 31
immunodeficiency virus, § 5 -14-123; 32
(xi) Sexual assault in the first d egree, § 5-14-124; 33
(xii) Unlawful female genital mutilation of a minor, 34
§ 5-14-136; 35
(xiii) Crime of video voyeurism, § 5 -16-101, if a 36 As Engrossed: S3/30/23 H4/5/23 SB495
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Class C felony offense; 1
(xiv) Voyeurism, § 5 -16-102, if a Class C felony 2
offense; 3
(xv) Patronizing a v ictim of human trafficking, § 5 -4
18-104; 5
(xvi) Grooming a minor for future sex trafficking, § 6
5-18-106; 7
(xvii) Traveling for the purpose of an unlawful sex 8
act with a minor, § 5 -18-107; 9
(xviii) Domestic battering in the first degree, § 5 -10
26-303; 11
(xix) Aggravated assault on a family or household 12
member, § 5-26-306, if under § 5-26-306(a)(3); 13
(xx) Permitting abuse of a minor, § 5 -27-221, if a 14
Class B felony; 15
(xxi) Exposing a child to a chemical substance or 16
methamphetamine, § 5-27-230; 17
(xxii) Employing or consenting to the use of a child 18
in a sexual performance, § 5 -27-402; 19
(xxiii) Arson, § 5-38-301, if a Class Y felony; 20
(xxiv) Aggravated residential burglary, § 5 -39-204, 21
if a Class A felony; 22
(xxv) Advocating assassination or overthrow of 23
government, § 5-51-202; 24
(xxvi) First degree escape, § 5 -54-110; 25
(xxvii) Soliciting material support for terrorism, § 26
5-54-202(a); 27
(xxviii) Providing material support for a terrorist 28
act, § 5-54-202(b); 29
(xxix) Making a terrorist threat, § 5 -54-203; 30
(xxx) Falsely communicating a terrorist threat, 5 -31
54-204; 32
(xxxi) Terrorism, § 5 -54-205; 33
(xxxii) Hindering prosecution of terrorism, § 5 -54-34
207; 35
(xxxiii) Exposing the public to toxic biological , 36 As Engrossed: S3/30/23 H4/5/23 SB495
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chemical, or radioactive substances, § 5 -54-208; 1
(xxxiv) Use of a hoax substance or hoax bomb, § 5 -2
54-209; 3
(xxxv) Engaging in a continuing criminal enterprise, 4
§ 5-64-405; 5
(xxxvi) Delivery of fentanyl, § 5 -64-421(c); 6
(xxxvii) Manufacture of fentanyl, § 5 -64-421(d); 7
(xxxviii) Trafficking a controlled substance, § 5 -8
64-440; 9
(xxxix) Driving or boating while intoxicated, sixth 10
or subsequent offense, § 5 -65-111(f); 11
(xl) Promoting prostitution in the first degree, § 12
5-70-104, if a Class B felony; 13
(xli) Arming rioters, § 5 -71-204; 14
(xlii) Criminal use of prohibited weapons, § 5 -73-15
104, if a Class B felony; 16
(xliii) Criminal possession of explosive material or 17
a destructive device, § 5 -73-108(a); 18
(xliv) Criminal distribution of explosive material, 19
§ 5-73-108(b); 20
(xlv) Possession of stolen explosive material, § 5 -21
73-108(c); 22
(xlvi) Unlawful receipt or possession of an 23
explosive material, § 5 -73-108(d); 24
(xlvii) Theft of any explosive material with the 25
purpose to cause harm to a person or property, § 5 -73-108(f); 26
(xlviii) Possession or use of weapons by 27
incarcerated persons, § 5 -73-131; 28
(xlix) Possession or use of a machine gun in the 29
course of a criminal offense, § 5 -73-211; 30
(l) Unlawful discharge of a firearm from a vehicle 31
in the first degree, § 5 -74-107(a); 32
(li) Using a born-alive infant for scientific 33
research or other kind of experimentation, § 20 -16-604(i); 34
(lii) Partial-birth abortion, § 20 -16-1203; and 35
(liii) Performing an abortion in violation of the 36 As Engrossed: S3/30/23 H4/5/23 SB495
6 04-05-2023 16:03:12 JLC013
Arkansas Unborn Child Protection from Dismemberment Abortion Act, § 20 -16-1
1801 et seq. 2
3
16-93-1803. Release eligibility for felony ineligible for earned 4
release credits or restricted release felony comm itted on or after January 1, 5
2025. 6
(a) A person who, on or after January 1, 2025, commits a felony 7
ineligible to receive earned release credits and who is convicted and 8
incarcerated for the felony ineligible to receive earned release credits is 9
not eligible for release before serving the entire term of imprisonment 10
imposed by the sentencing court. 11
(b)(1) A person who, on or after January 1, 2025, commits a restricted 12
release felony and who was convicted and incarcerated for the restricted 13
release felony is not eligible for release prior to serving at least eighty -14
five percent (85%) of the term of incarceration imposed by the sentencing 15
court. 16
(2) A person serving a sentence for a restricted release felony 17
may accrue earned release credits in accordanc e with the policy adopted by 18
the Division of Correction and as described in § 12 -29-701 et seq. 19
(3) Earned release credits shall not be applied to a sentence for a 20
restricted release felony in an amount that exceeds fifteen percent (15%) of 21
the term of imprisonment imposed by the sentencing court. 22
(c) A person who commits a restricted release felony and who has 23
previously been convicted of a restricted release felony or a felony 24
ineligible to receive earned release credits is ineligible for release befo re 25
serving one hundred percent (100%) of the period of incarceration imposed by 26
the sentencing court. 27
28
16-93-1804. Release eligibility for felonies committed on or after 29
January 1, 2025. 30
Except as provided in § 16 -93-1803, a person who commits a felon y on or 31
after January 1, 2025, and who is convicted and incarcerated for that felony 32
is eligible for release as follows: 33
(1) A person who commits an offense meeting the definition of 34
target group as defined under § 16 -93-1202 and who is judicially or 35
administratively transferred to a community correction center is eligible for 36 As Engrossed: S3/30/23 H4/5/23 SB495
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transfer to post-release supervision as follows: 1
(A) If the person is transferred back to the Division of 2
Correction for disciplinary reasons, he or she is ineligible to accrue earned 3
release credits against the sentence for which he or she is transferred to 4
the Division of Correction for disciplinary reasons; 5
(B) If the person is transferred back to the Division of 6
Correction for administrative reasons, he or she may be con sidered for 7
transfer to post-release supervision as otherwise authorized in § 16 -93-1803 8
and this section; 9
(C) If the person is not transferred back to the Division 10
of Correction for administrative or disciplinary reasons, he or she is 11
eligible for release under § 12-27-127(c); and 12
(D) A person who has committed a felony that is within the 13
target group as defined under § 16 -93-1202 and who is transferred to 14
community supervision is eligible, under the rules established by the Post -15
Prison Transfer Board, for commitment to a community correction facility if 16
he or she is found to be in violation of any of his or her conditions of 17
post-release supervision, unless the post -release supervision violation 18
constitutes a non-target felony offense; 19
(2) For a person sentenced to death, life imprisonment without 20
parole, or life imprisonment: 21
(A) If the sentence is death or life imprisonment without 22
parole, the person is not eligible for transfer to post -release supervision 23
unless his or her sentence is pard oned or commuted to a term of years by the 24
Governor as provided by law; 25
(B) If the sentence is life imprisonment, the person is 26
not eligible for transfer to post -release supervision unless his or her 27
sentence is commuted to a term of years by executive clemency; 28
(C) Upon commutation, a person under sentence of death or 29
life imprisonment without parole must serve the entire term set by the 30
commutation; and 31
(D) Upon commutation, a person under a sentence of life 32
imprisonment is eligible for transf er to post-release supervision as provided 33
in this section or in § 16 -93-1803; 34
(3) A person sentenced for a felony who was a minor at the time 35
he or she committed the felony is eligible for release on the earlier of 36 As Engrossed: S3/30/23 H4/5/23 SB495
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either the date authorized by this se ction or the date authorized by § 16 -93-1
621; and 2
(4)(A) Every other person who is incarcerated for commission of 3
a felony is eligible for transfer to post -release supervision when the sum of 4
his or her actual time served in confinement and his or her ea rned release 5
credits equals or exceeds one hundred percent (100%) of the term of 6
imprisonment imposed by the sentencing court. 7
(B) The maximum amount of earned release credits that can 8
be accrued and granted by the Post -Prison Transfer Board under subd ivision 9
(4)(A) of this section is fifty percent (50%) or seventy -five percent (75%) 10
of the term of imprisonment imposed by the sentencing court, depending on the 11
seriousness determination provided in the seriousness grid or table 12
promulgated by the Arkansa s Sentencing Commission and approved by the 13
Legislative Council. 14
15
16-93-1805. Procedures for release — Generally. 16
(a) An inmate under sentence for a felony and who is eligible for 17
release, may be transferred to post -release supervision under this section 18
and § 16-93-1903 subject to rules promulgated by the Board of Corrections or 19
the Post-Prison Transfer Board and conditions adopted by the Post -Prison 20
Transfer Board. 21
(b) Notwithstanding any minimum serving requirement, upon 22
recommendation of the Director of the Division of Correction, the Post -Prison 23
Transfer Board may consider an inmate for transfer to post -release 24
supervision if: 25
(1) The inmate is at least sixty (60) years of age; and 26
(2) The inmate has served at least one -half (1/2) of his or her 27
sentence. 28
29
16-93-1806. Procedures for release — Hearing. 30
(a) An inmate under sentence for a felony, except those designated as 31
a felony ineligible to receive earned release credits under § 16 -93-1802, may 32
be transferred to post -release supervision under § 16 -93-1903 and § 16-93-33
1904 subject to rules promulgated by the Board of Corrections or the Post -34
Prison Transfer Board and conditions adopted by the Post -Prison Transfer 35
Board. 36 As Engrossed: S3/30/23 H4/5/23 SB495
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(b) Before a hearing of the Post -Prison Transfer Board to consider a 1
transfer to post-release supervision, notification of the committing court, 2
the prosecuting attorney, county sheriff, and the victim or the victim’s next 3
of kin for an inmate under sentence for an offense other than one (1) in the 4
target group as defined in § 16-93-1202 shall follow the procedures stated in 5
§ 16-93-1810. 6
(c)(1) For an inmate under sentence for a felony within the target 7
group as defined in § 16 -93-1202, before the Post -Prison Transfer Board sets 8
conditions for transfer of the inmate to post-release supervision, a victim, 9
or his or her next of kin in cases in which the victim is unable to express 10
his or her desire, who has expressed the desire to be consulted by the Post -11
Prison Transfer Board shall be notified of the date, time, and place of the 12
transfer hearing. 13
(2)(A) A victim or his or her next of kin who desires to be 14
consulted by the Post -Prison Transfer Board under this section shall inform 15
the Post-Prison Transfer Board of his or her desire to be consulted in 16
writing at the time of sentence. 17
(B) A victim or his or her next of kin who does not inform 18
the Post-Prison Transfer Board of his or her desire to be consulted as 19
required under subdivision (c)(2)(A) of this section is not required to be 20
notified by the Post -Prison Transfer Board. 21
(3)(A) Victim input to the Post -Prison Transfer Board under this 22
section is limited to oral or written recommendations on conditions relevant 23
to the inmate under review for transfer to post -release supervision. 24
(B) The oral or written recommendations received under 25
this subsection are not binding on the Post -Prison Transfer Board but are 26
given due consideration within the resources available for transfer to post -27
release supervision. 28
29
16-93-1807. Risk and needs assessment to be considered — Release 30
without a hearing. 31
(a)(1) A risk and needs assessment that evaluates and quantifies the 32
inmate’s risk to reoffend following release shall inform the transfer 33
determination, along with other relevant information. 34
(2) If transfer to post-release supervision is granted, the risk 35
and needs assessment under this section and other relevant information shall 36 As Engrossed: S3/30/23 H4/5/23 SB495
10 04-05-2023 16:03:12 JLC013
be used to set the conditions for post -release supervision. 1
(b)(1) Review of an inmate’s appropriateness for transfer to post -2
release supervision is based on rules and policies adopted by the board and 3
the board shall conduct a risk and needs assessment review as a part of the 4
review of the inmate's appropriateness for transfer to post -release 5
supervision. 6
(2) The rules and polici es adopted by the board under 7
subdivision (c)(1) of this section shall include without limitation: 8
(A) A provision for notification of the victim or his or 9
her next of kin that a hearing shall be held under this section; 10
(B) A requirement for keep ing a record of the proceedings; 11
and 12
(C) A list of the criteria upon which a denial may be 13
based. 14
(c) In order to prepare applications for post -release supervision 15
transfer consideration, the Post -Prison Transfer Board shall: 16
(1) Begin transfer pr oceedings for post-release supervision or a 17
preliminary review for post -release supervision under this subchapter no 18
later than six (6) months before an inmate’s post -release supervision 19
transfer eligibility date; and 20
(2) Authorize procedures for jacket review , as defined in § 16 -21
93-101, no later than six (6) months before an inmate’s post -release 22
supervision transfer eligibility. 23
(d) The transfer review for post -release supervision may be conducted 24
without a hearing when: 25
(1) The inmate has not r eceived a major disciplinary report; 26
(2) There has not been a request by a victim or his or her next 27
of kin to have input on post -release supervision transfer conditions; and 28
(3) There is no indication in the risk and needs assessment 29
review under this section that special conditions need to be placed on the 30
inmate. 31
32
16-93-1808. Hearing procedure. 33
(a) When a hearing is needed to determine whether to transfer an 34
inmate to post-release supervision, the Post -Prison Transfer Board shall 35
conduct a hearing to determine the appropriateness of the inmate for transfer 36 As Engrossed: S3/30/23 H4/5/23 SB495
11 04-05-2023 16:03:12 JLC013
to post-release supervision. 1
(b) At the conclusion of a hearing under this section, the board shall 2
issue one (1) of the following decisions: 3
(1) Transfer the inmate to post -release supervision as 4
authorized under § 16 -93-1901 et seq. and accompany the transfer with a 5
notice of the conditions of the transfer, including without limitation: 6
(A) Supervision levels; 7
(B) Economic fee sanction; 8
(C) Participation in a treatment prog ram; 9
(D) Programming requirements; and 10
(E) Facility placement when appropriate; 11
(2)(A) Deny transfer of the inmate to post -release supervision 12
based on a set of established criteria and accompany the denial with a 13
prescribed course of action to be undertaken by the inmate to rectify the 14
board’s concern. 15
(B) Upon completion of the course of action determined by 16
the board under subdivision (b)(2)(A) of this section and after final review 17
of the inmate’s file to ensure successful completion of t he course of action, 18
the board shall authorize the inmate’s transfer to the post -release 19
supervision under this subchapter in accordance with administrative rules and 20
policies governing the transfer and subject to the conditions attached to the 21
transfer. 22
(C) If an inmate fails to fulfill the course of action 23
outlined by the board to facilitate transfer to post -release supervision 24
under subdivision (b)(2)(A) of this section, it is the responsibility of the 25
inmate to petition the board for a rehearing; or 26
(3) Deny transfer of the inmate to post -release supervision for 27
a period of up to two (2) years. 28
(d) A transfer of an inmate to post -release supervision under 29
this section shall be issued upon the adoption of an order by the board in 30
accordance with the rules and policies adopted by the board under this 31
section. 32
33
16-93-1809. Open meetings. 34
(a) The Post-Prison Transfer Board shall conduct open meetings and 35
shall make public its findings for each inmate eligible for transfer to post -36 As Engrossed: S3/30/23 H4/5/23 SB495
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release supervision. 1
(b)(1) Open meetings under this section may be conducted through 2
videoconference technology if the inmate is housed in a county jail and if 3
the videoconference technology is available. 4
(2) Open meetings utilizing videoconference technology under 5
this section shall be conducted in public, except that inmate interviews and 6
related deliberations may be closed to the public. 7
8
16-93-1810. Notices required for hearings on transfer to post -release 9
supervision. 10
(a)(1) Before the Post -Prison Transfer Board grants a transfer of an 11
inmate to post-release supervision, the board shall solicit the written 12
recommendations of the committing court, the prosecuting attorney, and the 13
county sheriff of the county from which the inmate was committed. 14
(2) Notification of the committing court, the prosecuting 15
attorney, county sheriff, and the victim or the victim’s next of kin for a 16
inmate under sentence for an offense governed by this section shall follow 17
the procedures stated in this section. 18
(b)(1) If the inmate whose transfer to post -release supervision is 19
being considered by the board is under sentence for a felony other than a 20
felony in the target group as defined in § 16 -93-1202, the board shall also 21
notify the victim of the offense or the victim’s next of kin of the transfer 22
hearing and shall solicit written recommendations from the victim or his or 23
her next of kin regarding the granting of the transfer unless the prosecuting 24
attorney has notified the board at the time of commitment of the inmate that 25
the victim or his or her next of kin does not desire to be notified of future 26
transfer hearings. 27
(2) The written recommendations received under subdivision 28
(b)(1) of this section are not binding upon the board in the granting of any 29
transfer to post-release supervision but are maintained in the inmate’s 30
record. 31
(3) When soliciting written recommendations from a victim of an 32
offense, the board shall notify the victim or his or her next of kin of the 33
date, time, and place of the transfer hearing. 34
(c)(1) The board shall not schedule transfer hearings at which victims 35
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
13 04-05-2023 16:03:12 JLC013
where inmates are housed other than the Department of Corrections 1
Headquarters building in North Little Rock. 2
(2) The board may conduct transfer hearings in two (2) sessions: 3
(A) One (1) session at the place of the inmate’s 4
incarceration with the inmate, the inmate’s witnesses, and correctional 5
facility personnel; and 6
(B) One (1) session for victims and t he next of kin of 7
victims as stated in this section. 8
(d)(1) At the time that any inmate eligible for transfer to post -9
release supervision under this section is transferred by the board, the 10
Division of Community Correction shall give written notice of th e granting of 11
the transfer to post -release supervision to the: 12
(A) County sheriff; 13
(B) Prosecuting attorney of the judicial district; 14
(C) Committing court; and 15
(D) Chief of police of each city of the first class of the 16
county from which the inmate was sentenced. 17
(2) If the inmate is transferred to a county other than the 18
county from which he or she was committed, the board shall give notice to the 19
chief of police or marshal of the city or town to which the inmate is 20
transferred and to the county sheriff and prosecuting attorney of the county 21
from which the inmate was committed. 22
(e)(1) The prosecuting attorney of the county from which the inmate 23
was committed shall notify the board at the time of commitment of the desire 24
of the victim or his or her next of kin to be notified of any future transfer 25
hearings and to forward to the board the last known address and telephone 26
number of the victim or his or her next of kin. 27
(2) It is the responsibility of the victim or his or her next of 28
kin to notify the board of any change in address or phone number. 29
(3) It is the responsibility of the victim or his or her next of 30
kin to notify the board after the date of commitment of any change in regard 31
to the desire to be notified of any future transfe r hearings. 32
33
16-93-1811. Post-release supervision. 34
(a)(1) The Post-Prison Transfer Board shall establish a set of 35
conditions that are applicable to all inmates transferred to post -release 36 As Engrossed: S3/30/23 H4/5/23 SB495
14 04-05-2023 16:03:12 JLC013
supervision. 1
(2) The set of conditions established by the Pos t-Prison 2
Transfer Board under subdivision (a)(1) of this section is subject to 3
periodic review, revision, and approval as the Post -Prison Transfer Board 4
deems necessary. 5
(b)(1)(A) A course of action required by the Post -Prison Transfer 6
Board shall not be outside the current resources of the Division of 7
Correction. 8
(B) The conditions for post -release supervision set by the 9
Post-Prison Transfer Board shall not be outside the current resources of the 10
Division of Community Correction. 11
(2) The Division of Correction and Division of Community 12
Correction shall strive to accommodate the actions required by the Board of 13
Corrections or the Post -Prison Transfer Board to the best of their abilities. 14
(c) Transfer to post -release supervision is not an award of clemency, 15
and it shall not be considered as a reduction of sentence or a pardon. 16
(d) An inmate on post -release supervision shall remain: 17
(1) In the legal custody of the Division of Correction; 18
(2) Under the supervision of the Division of Community 19
Correction; and 20
(3) Subject to the orders of the Post -Prison Transfer Board. 21
(e) Decisions on release to post -release supervision, courses of 22
action before transfer to post -release supervision, and post -release 23
supervision transfer conditions to be s et by the Post-Prison Transfer Board 24
shall be: 25
(1) Informed by the risk and needs assessment tool under § 16 -26
93-1807; 27
(2) Reasonable and rational; and 28
(3) Defensible based on preestablished criteria. 29
30
16-93-1812. Rules. 31
The Post-Prison Transfer Board shall adopt rules to implement this 32
subchapter. 33
34
Subchapter 19 — Post-Release Supervision for Persons Committing Offenses on 35
or after January 1, 2025 36 As Engrossed: S3/30/23 H4/5/23 SB495
15 04-05-2023 16:03:12 JLC013
1
16-93-1901. Applicability. 2
This subchapter applies to a felony offense committed on or after 3
January 1, 2025. 4
5
16-93-1902. Definitions. 6
As used in this subchapter: 7
(1) "Community supervision officer" means an employee of the 8
Division of Community Correction who is tasked with the supervision of 9
offenders released to post -release supervision or persons who otherwise fall 10
under the supervisory authority of the Division of Community Correction; 11
(2) "Eligible inmate" means an inmate eligible for post -release 12
supervision; 13
(3) "Felony ineligible for earned release credits" means the 14
same as defined in § 16-93-1802; 15
(4) "Offender" means a person transferred to post -release 16
supervision; 17
(5) "Post-release supervision" means a period of community 18
supervision for an offender after his or her release from incarceration; and 19
(6) "Restricted release felony" means the same as defined in § 20
16-93-1802. 21
22
16-93-1903. Post-release supervision — Authority and parameters. 23
(a)(1) The Post-Prison Transfer Board may transfer to post -release 24
supervision an eligible inmate who is confi ned in a correctional institution 25
administered by the Division of Correction or the Division of Community 26
Correction, if the board determines: 27
(A) There is a reasonable probability that the eligible 28
inmate can be transferred without detriment to the co mmunity or himself or 29
herself; 30
(B) The eligible inmate is able and willing to fulfill the 31
obligations of a law -abiding citizen; and 32
(C) That post-release supervision is in the best interest 33
of society. 34
(2) A transfer to post -release supervision under this section 35
shall issue upon the adoption of an order of the board. 36 As Engrossed: S3/30/23 H4/5/23 SB495
16 04-05-2023 16:03:12 JLC013
(b)(1) Before ordering the transfer to post -release supervision of an 1
eligible inmate under this section, the board, a hearing judge, or an 2
investigator employed by the board shall interview the eligible inmate, 3
unless a hearing is not required under §§ 16 -93-1807 and 16-93-1808. 4
(2) The board shall consider the results of the risk and needs 5
assessments of all applicants for transfer to post -release supervision. 6
(3) Transfer to post-release supervision shall not be considered 7
a reduction of a sentence or a pardon. 8
(4) An inmate on post -release supervision shall remain: 9
(A) In the legal custody of the Division of Correction; 10
(B) Under the supervision of the Division of Community 11
Correction; and 12
(C) Subject to the orders of the board. 13
14
16-93-1904. Post-release supervision — Required recommendations. 15
(a) Before the Post -Prison Transfer Board may grant a transfer to 16
post-release supervision based on acc rual and application of earned release 17
credits, the board shall: 18
(1) Notify and solicit the written recommendations of the 19
committing court, the prosecuting attorney, and the county sheriff of the 20
county from which the inmate was committed as provided i n §16-93-1810; and 21
(2) Notify the victim or the next of kin as provided in § 16-93-22
1810. 23
(b) An inmate who is ineligible to accrue earned release credits may 24
be transferred to post -release supervision only if: 25
(1) Sentenced by the sentencing court to a period of post-26
release supervision to follow the inmate's term of imprisonment; and 27
(2) The inmate has served the entire sentence of imprisonment 28
before transfer to post -release supervision. 29
30
16-93-1905. Length of post -release supervision. 31
(a)(1) For a person under sentence for a term of imprisonment for 32
which he or she is eligible for transfer to post -release supervision upon 33
accrual and award of earned release credits, the inmate is subject to post -34
release supervision for the remainder of the term of imprisonment assessed by 35
the sentencing court. 36 As Engrossed: S3/30/23 H4/5/23 SB495
17 04-05-2023 16:03:12 JLC013
(2) For a person under sentence for a term of imprisonment for 1
which he or she is not eligible to accrue or be awarded earned release 2
credits, the inmate is subject to a term of post -release supervision as 3
assessed by the sentencing judge under § 5-4-104(c). 4
(3) The term of supervised release, when aggregated with the 5
term of imprisonment imposed by the sentencing court, shall not exceed the 6
statutory maximum for the offense. 7
(b) If the sentenci ng court sentenced a person to a term of suspended 8
imposition of sentence to follow his or her term of imprisonment at the 9
Division of Correction, the period of post -release supervision runs 10
concurrently with the term of suspended imposition of sentence. 11
12
16-93-1906. Post-release supervision — Generally. 13
(a)(1) The Director of the Division of Community Correction with the 14
advice of the Board of Corrections shall establish written policies and 15
procedures governing the supervision of offenders released to a term of post-16
release supervision by the Post -Prison Transfer Board. 17
(2) The policies and procedures established under subdivision 18
(a)(1) of this section shall be designed to enhance public safety and to 19
assist the offenders in reintegrating into socie ty. 20
(3)(A) Supervision of offenders on post -release supervision 21
shall be based on evidence -based practices. 22
(B) Decisions concerning supervision of offenders shall 23
target the offender’s criminal risk factors with appropriate supervision and 24
treatment. 25
(4) The Division of Community Correction shall assume 26
supervisory responsibilities over an offender when the offender is lawfully 27
set at liberty from the Division of Correction. 28
(b)(1) An offender assigned to a term of post -release supervision 29
shall be supervised by a community supervision officer employed by the 30
Division of Community Correction. 31
(2) A community supervision officer shall: 32
(A) Investigate all cases referred to him or her by the 33
Post-Prison Transfer Board, the Division of Community Correction, or the 34
prosecuting attorney; 35
(B) Furnish each offender on post -release supervision a 36 As Engrossed: S3/30/23 H4/5/23 SB495
18 04-05-2023 16:03:12 JLC013
written statement of the conditions of post -release supervision and instruct 1
the offender that he or she is required to stay in compliance with t he 2
conditions of post-release supervision or risk revocation under § 16 -93-1908; 3
(C) Develop a case plan for each offender who is 4
determined to be a moderate -risk or high risk to reoffend that: 5
(i) Is based on the risk and needs assessment under 6
§ 16-93-1807 and targets the criminal risk factors identified in the risk and 7
needs assessment; 8
(ii) Is responsive to the individual characteristics 9
of the offender; and 10
(iii) Provides a strategy for the supervision of the 11
offender according to that case plan; 12
(D) Stay informed of the conduct and condition of each 13
offender assigned to the community supervision officer through: 14
(i) Visitation; 15
(ii) Required reporting; or 16
(iii) Other methods and reporting to the sentencing 17
court of the information described in subdivisions (b)(2)(D)(i) and (ii) of 18
this section upon request; 19
(E) Use practicable and suitable methods that are 20
consistent with evidence -based practices to aid and encourage an offender on 21
post-release supervision to improve his or her conduct and condition and to 22
reduce the risk of recidivism; 23
(F)(i) Conduct a validated risk and needs assessment of 24
the offender on post -release supervision, including without limitation 25
criminal risk factors and specific individual needs. 26
(ii) The validated risk and needs assessment shall 27
include an initial screening and, if necessary, a comprehensive assessment. 28
(iii) The results of the validated risk and needs 29
assessment under § 16 -93-1807 shall assist in making decisions that are 30
consistent with evidence -based practices on the type of supervision and 31
services necessary for each offender; and 32
(G) Receive annual training on evidence -based practices 33
and criminal risk factors as well as instruction on how to target crimin al 34
risk factors to reduce recidivism. 35
(c)(1) The Division of Community Correction shall allocate resources, 36 As Engrossed: S3/30/23 H4/5/23 SB495
19 04-05-2023 16:03:12 JLC013
including assignment of community supervision officers, to focus on moderate -1
risk and high-risk offenders as determined by the validated risk and needs 2
assessment provided under this section. 3
(2) The Division of Community Correction shall require public 4
and private treatment and service providers to use evidence -based programs 5
and practices if the public and private treatment and service provider s 6
receive state funds for the treatment of or service of offenders on post -7
release supervision. 8
9
16-93-1907. Post-release supervision — Administrative sanctions. 10
(a)(1)(A) The Division of Community Correction may sanction offenders 11
on post-release supervision administratively without utilizing the revocation 12
process under § 16-93-1908. 13
(B) An administrative sanction as described in subdivision 14
(a)(1)(A) of this section is an intermediate sanction and is not a revocation 15
of post-release supervision. 16
(2)(A) The Division of Community Correction shall develop an 17
intermediate sanctions procedure and an intermediate sanctions grid to guide 18
a community supervision officer in determining the appropriate response to a 19
violation of the conditions of supervi sion. 20
(B) Intermediate sanctions administered by the Division of 21
Community Correction shall conform to the intermediate sanctions grid. 22
(C) The intermediate sanctions grid shall include: 23
(i) An assignment of point values to commonly 24
occurring violations of terms of post -release supervision or criminal 25
behavior; 26
(ii) An assignment of point values to behaviors that 27
decrease the likelihood of recidivism including without limitation: 28
(a) Education; 29
(b) Workforce development; 30
(c) Community service; and 31
(d) Behavioral health programming; 32
(iii) Details on the mechanisms by which points are 33
accumulated and reduced; and 34
(iv) Guidance on which intermediate sanctions should 35
be applied at which points thresholds. 36 As Engrossed: S3/30/23 H4/5/23 SB495
20 04-05-2023 16:03:12 JLC013
(3) Intermediate sanctions shall include without limitation: 1
(A) Community service; 2
(B) Increased substance abuse screening and treatment; 3
(C) Increased monitoring, including electronic monitoring 4
and home confinement; and 5
(D)(i) Incarceration in a county or regional jail for no 6
more than seven (7) days or incarceration in a Division of Correction 7
facility or a Division of Community Correction facility for no more than 8
ninety (90) days. 9
(ii)(a) Incarceration as an intermediate sanction 10
shall not be used more than six (6) times with an offender on post -release 11
supervision. 12
(b) If an offender on post -release supervision 13
accumulates no more than thirty (30) days’ incarceration in a county or 14
regional jail or more than thr ee hundred sixty (360) days’ incarceration in a 15
Division of Correction facility or a Division of Community Correction 16
facility as an intermediate sanction, the community supervision officer shall 17
recommend a revocation of the offender’s post -release supervision under § 16-18
93-1908. 19
(c) An offender shall not be incarcerated more 20
than two (2) times as a result of an intermediate sanction in a Division of 21
Correction facility during any two (2) year period. 22
(4) The Division of Community Correction shall : 23
(A) Notify the Post -Prison Transfer Board in writing when 24
an offender has been incarcerated due to an intermediate sanction under this 25
subsection; 26
(B) Include an explanation of the cause for incarceration; 27
and 28
(C) Include the result of the in termediate sanction, if 29
applicable. 30
(b) Any time in custody for which the offender on post -release 31
supervision is held, before a period of incarceration under this section is 32
administered, does not count as a period of incarceration ordered toward the 33
total accumulation of days of incarceration as stated in subsection (a) of 34
this section. 35
(c) A period of incarceration under this section: 36 As Engrossed: S3/30/23 H4/5/23 SB495
21 04-05-2023 16:03:12 JLC013
(1) May be reduced by the Division of Correction for good 1
behavior and successful program completion; and 2
(2) Shall not be reduced under this section for more than fifty 3
percent (50%) of the total time of incarceration ordered to be served. 4
(d)(1) An offender subject to an intermediate sanction under 5
subsection (a) of this section does not have the right to an a ttorney at the 6
intermediate sanction hearing. 7
(2) This subsection does not prohibit an offender from 8
conferring with a privately retained attorney during the intermediate 9
sanction process. 10
11
16-93-1908. Revocation of post -release supervision. 12
(a)(1)(A) At any time during an offender’s post -release supervision, 13
the Post-Prison Transfer Board may issue a warrant for the arrest of the 14
offender for violation of any of the conditions of post -release supervision 15
or may issue a notice to appear to answer a c harge of a violation. 16
(B)(i) The board shall issue a warrant for the arrest of 17
an offender on post-release supervision if the board determines that the 18
offender has been charged with a felony ineligible to receive earned release 19
credits or a restricted release felony, as defined in § 16 -93-1802. 20
(ii) An offender arrested on a warrant issued under 21
subdivision (a)(1)(B)(i) of this section shall be detained pending a 22
mandatory post-release supervision hearing. 23
(C) The Division of Community Correct ion shall provide the 24
information necessary for the board to issue a warrant under this subdivision 25
(a)(1). 26
(2) A warrant or notice issued under subdivision (a)(1) of this 27
section shall be served personally upon the offender. 28
(3) A warrant issued und er subdivision (a)(1) of this section 29
shall authorize all officers named in the warrant to place the offender in 30
custody at any suitable detention facility pending a hearing. 31
(4) A community supervision officer may arrest an offender on 32
post-release supervision without a warrant by giving him or her a written 33
statement stating that the offender, in the judgment of the community 34
supervision officer, violated the conditions of his or her post -release 35
supervision. 36 As Engrossed: S3/30/23 H4/5/23 SB495
22 04-05-2023 16:03:12 JLC013
(5) A written statement under subdivisio n (a)(4) of this section 1
delivered by the arresting community supervision officer with the offender to 2
the official in charge of the detention facility to which the offender is 3
brought is sufficient for detaining the offender pending disposition. 4
(6) If the board or its designee finds, by a preponderance of 5
the evidence, that the offender has inexcusably failed to comply with a 6
condition of his or her post -release supervision, the post -release 7
supervision may be revoked at any time before the expiration of the period of 8
post-release supervision. 9
(7) An offender serving on post -release supervision for whose 10
return a warrant has been issued by the board under this subsection shall be 11
deemed a fugitive from justice if it is found that the warrant cannot b e 12
served. 13
(b)(1) An offender transferred to or serving on post -release 14
supervision shall be entitled to a preliminary hearing to determine whether 15
there is reasonable cause to believe that the offender has violated a 16
condition of his or her post -release supervision. 17
(2) A preliminary hearing conducted under subdivision (b)(1) of 18
this section shall be scheduled within seven (7) days after arrest or within 19
seven (7) days after notice is served and shall be conducted within fourteen 20
(14) days after arrest or service of notice to appear, excluding a weekend, 21
holiday, or delay caused by an act of nature, by the revocation hearing judge 22
for the board and at a location reasonably near the place of the alleged 23
violation or the arrest. 24
(3) The offender shall be given notice of the date, time, and 25
location of the preliminary hearing and the conditions of post -release 26
supervision that the offender is alleged to have violated. 27
(4) Except as provided in subsection (d) of this section, the 28
offender has the right to hear and controvert evidence against him or her, to 29
offer evidence on his or her own behalf, and to be represented by counsel at 30
the preliminary hearing. 31
(5) If a revocation hearing judge finds after the preliminary 32
hearing that there is reasonable cause to believe that an offender has 33
violated a condition of post -release supervision by committing a felony 34
ineligible to receive earned release credits or a restricted release felony, 35
as defined in § 16-93-1802, the revocation hearing judge shall order the 36 As Engrossed: S3/30/23 H4/5/23 SB495
23 04-05-2023 16:03:12 JLC013
offender be returned to the nearest facility of the Division of Correction or 1
the Division of Community Correction where he or she shall be placed in 2
custody for a revocation hearing before the board. 3
(6) If a revocation hearing judge finds after th e preliminary 4
hearing that there is reasonable cause to believe that an offender has 5
violated a condition of post -release supervision other than the commission of 6
a felony ineligible to receive earned release credits or a restricted release 7
felony, as defined in § 16-93-1802, the revocation hearing judge shall: 8
(A) Order the offender be returned to the nearest facility 9
of the Division of Correction or the Division of Community Correction where 10
he or she shall be placed in custody for a revocation hearin g before the 11
board; or 12
(B) Return the offender to post -release supervision with 13
or without additional supervision conditions in response to the violating 14
conduct. 15
(7)(A) If a revocation hearing judge does not find after the 16
preliminary hearing reas onable cause to believe that an offender has violated 17
a condition of post-release supervision, he or she shall order the offender 18
be released from custody. 19
(B) An order to release the offender from custody under 20
subdivision (b)(7) of this section does not bar the board from holding a 21
revocation hearing on the alleged violation of a condition of post -release 22
supervision or from ordering the offender to appear before the board. 23
(8) A revocation hearing judge shall prepare and furnish to the 24
board and the offender a summary of the preliminary hearing proceedings, 25
including without limitation the substance of the evidence and testimony 26
considered along with his or her finding and order, within twenty -one (21) 27
days from the date of the preliminary hearing, excluding a weekend, holiday, 28
or delay caused by an act of nature. 29
(c)(1)(A) Unless a revocation hearing is knowingly and intelligently 30
waived by the offender, transfer to post -release supervision shall not be 31
revoked except after a revocation hearing, which shall be conducted by the 32
board or its designee within a reasonable period after the offender’s arrest 33
or service of notice to appear. 34
(B) If a waiver is granted under subdivision (c)(1)(A) of 35
this section, the offender may subsequently appeal th e waiver to the board. 36 As Engrossed: S3/30/23 H4/5/23 SB495
24 04-05-2023 16:03:12 JLC013
(2) An offender shall be given notice of the date, time, and 1
location of the revocation hearing, the purpose of the revocation hearing, 2
and the conditions of supervision he or she is alleged to have violated. 3
(3) Except as provided in subsection (d) of this section, the 4
offender has the right to hear and controvert evidence against him or her, to 5
offer evidence in his or her own defense, and to be represented by counsel at 6
the revocation hearing. 7
(4) If post-release supervision is revoked after a revocation 8
hearing, the board or its designee shall prepare and furnish to the offender 9
a statement of evidence relied on and the reasons for revoking the post -10
release supervision. 11
(d) At a preliminary hearing under subsection (b) o f this section or a 12
revocation hearing under subsection (c) of this section: 13
(1) The offender has the right to confront and cross -examine 14
adverse witnesses unless the revocation hearing judge, the board, or the 15
designee of the board specifically finds g ood cause for not allowing 16
confrontation and cross -examination; and 17
(2) The offender may introduce any relevant evidence of the 18
alleged violation, including without limitation letters, affidavits, and 19
other documentary evidence, regardless of the admiss ibility of the evidence 20
under the rules governing the admission of evidence. 21
(e)(1) A preliminary hearing under subsection (b) of this section is 22
not required if the offender knowingly and intelligently waives the 23
preliminary hearing. 24
(2) If the preliminary hearing is not waived by the offender 25
under subsection (c) of this section, the revocation hearing shall be held 26
within fourteen (14) days after the arrest and reasonably near the place 27
where the alleged violation occurred or where the offender was arrested. 28
(f) A preliminary hearing under subsection (b) of this section and a 29
revocation hearing under subsection (c) of this section is not required if 30
the revocation is based on the offender’s conviction of a felony offense for 31
which he or she is sent enced to the Division of Correction or to any other 32
state or federal correctional institution. 33
(g) An offender may be held in a county or regional jail while 34
awaiting a revocation hearing and the ruling of the board or its designee 35
under this section. 36 As Engrossed: S3/30/23 H4/5/23 SB495
25 04-05-2023 16:03:12 JLC013
(h) An offender whose post -release supervision is revoked under this 1
section due to a technical conditions violation or serious conditions 2
violation and who is sentenced to any period of incarceration resulting from 3
the revocation is subject to the periods of incarceration provided in § 16 -4
93-1907. 5
(i) Upon revocation under this section, an offender subject to a term 6
of post-release supervision for a felony ineligible to receive earned release 7
credits or a restricted release felony shall return to incarce ration for the 8
entire remaining period of imprisonment or post -release supervision assessed 9
by the sentencing court. 10
11
16-93-1909. Subpoena of witnesses and documents for revocation of 12
post-release supervision. 13
(a)(1) The following persons have the p ower to issue oaths, subpoena 14
witnesses to appear, and subpoena the production of any relevant books, 15
papers, records, or documents under this subchapter: 16
(A) The Chair of the Post -Prison Transfer Board or his or 17
her designee; 18
(B) The administrator of the Post -Prison Transfer Board; 19
(C) Any member of the Post -Prison Transfer Board; and 20
(D) The revocation hearing judge presiding over any 21
preliminary hearing concerning an alleged violation of the conditions of 22
post-release supervision. 23
(2)(A) A subpoena issued under this section shall be: 24
(i) Directed to the county sheriff, county coroner, 25
or constable of any county where the designated witness resides or is found; 26
and 27
(ii) Served and returned in the same manner as 28
subpoenas in civil actions in the circuit courts. 29
(B) An endorsed affidavit on a subpoena of a person 30
eighteen (18) years of age or older is proof of service of the subpoena. 31
(b) The fees and mileage expenses prescribed by law for witnesses in 32
civil cases shall be paid by the Division of Correction for any witness 33
subpoenaed to appear under this section. 34
(c)(1) If a person fails or refuses to comply with a subpoena issued 35
under this section to testify or answer to any matter regarding which the 36 As Engrossed: S3/30/23 H4/5/23 SB495
26 04-05-2023 16:03:12 JLC013
person may be lawfully interrogated, a circuit court in this state, on 1
application of hearing officer or the chair, shall issue an attachment for 2
the person and compel him or her to comply with the subpoena and appear 3
before the revocation hearing judge or the b oard and produce any testimony or 4
documents as may be required. 5
(2)(A) The circuit court shall have the same power to punish any 6
contempt, in case of disobedience, as in civil cases. 7
(B) It is a criminal violation for a witness to refuse or 8
neglect to appear and testify, punishable upon conviction by a fine of not 9
less than fifty dollars ($50.00) nor more than five hundred dollars ($500). 10
(d) A person knowingly testifying falsely under oath before the board 11
or at a preliminary hearing in which pro bable cause for revocation of 12
transfer to post-release supervision is to be considered as to any matter 13
material to lawful inquiry by the board or revocation hearing judge may be 14
charged with perjury. 15
16
16-93-1910. Prohibition on sex offenders residing wi th minors. 17
(a)(1) Except as specified in subdivision (a)(2) of this section, the 18
Post-Prison Transfer Board shall prohibit, as a condition of granting 19
transfer to post-release supervision, an offender from residing in a 20
residence with a minor, if the off ender was convicted of one (1) or more of 21
the following offenses perpetrated against a minor: 22
(A) A sexual offense as defined in § 5 -14-101 et seq.; 23
(B) Incest, § 5-26-202; or 24
(C) An offense under the Arkansas Protection of Children 25
Against Exploitation Act of 1979, § 5 -27-301 et seq. 26
(2) The board may permit an offender to reside in a residence 27
with a minor if the board finds that the offender no longer poses a danger to 28
any minor residing in the residence. 29
(b) If the board, upon a hearing under § 16-93-1908, finds by a 30
preponderance of the evidence that the offender has failed to comply with a 31
condition of post-release supervision, the post -release supervision may be 32
revoked and the offender returned to the custody of the Division of 33
Correction. 34
35
16-93-1911. Rules. 36 As Engrossed: S3/30/23 H4/5/23 SB495
27 04-05-2023 16:03:12 JLC013
The Post-Prison Transfer Board shall adopt rules to implement this 1
subchapter. 2
3
SECTION 3. Arkansas Code Title 5, Chapter 2, Subchapter 3 is amended 4
to add a new section to read as follows: 5
5-2-332. Secured restoration pro gram authorized. 6
(a) The purpose of this section is to provide an additional setting 7
for the provision of restorative treatment services in the least restrictive 8
environment. 9
(b) The Division of Aging, Adult, and Behavioral Health Services of 10
the Department of Human Services may establish and maintain a program to 11
provide restoration services in a secure setting for defendants who: 12
(1) Have been found to lack fitness to proceed; and 13
(2) Are not in an acute phase of illness requiring the services 14
of a psychiatric hospital. 15
(c)(1) A secure setting established under this section shall: 16
(A) Provide a twenty -four-hour program of care by 17
qualified clinicians and professional staff; and 18
(B) Admit each defendant for a term not to exceed one 19
hundred twenty (120) days, unless the division extends the term for good 20
cause. 21
(2) The division has the exclusive authority to determine 22
whether and when a defendant is admitted to the program based on the 23
defendant’s acuity, medical need, and other facto rs determined by the 24
division. 25
(3) The division may procure one (1) or more qualified vendors 26
to operate the program in part or in whole. 27
28
SECTION 4. Arkansas Code § 5 -4-101(5), concerning definitions 29
applicable in Title 5, Chapter 4, is amended to read as follows: 30
(5) “Recidivism” means a criminal act that results in the 31
rearrest, reconviction, or return to incarceration of a person with or 32
without a new sentence or a revocation from parole or post -release 33
supervision during a three-year period following the person's release from 34
custody; 35
36 As Engrossed: S3/30/23 H4/5/23 SB495
28 04-05-2023 16:03:12 JLC013
SECTION 5. Arkansas Code § 5 -4-104(c)-(e), concerning authorized 1
sentences generally, are amended to read as follows: 2
(c)(1)(A) Except as provided under subdivision (c)(2) of thi s section, 3
a defendant convicted of a Class Y felony , or murder in the second degree, § 4
5-10-103, or a felony ineligible to receive earned release credits as defined 5
in § 16-93-1802, shall be sentenced to a term of imprisonment in accordance 6
with §§ 5-4-401 — 5-4-404. 7
(B) In addition to imposing a term of imprisonment, the 8
trial court may sentence a defendant convicted of a Class Y felony or murder 9
in the second degree, § 5 -10-103, or a felony ineligible to receive earned 10
release credits as defined in § 16-93-1802, to any one (1) or more of the 11
following: 12
(i) Pay a fine as authorized by §§ 5 -4-201 and 5-4-13
202; 14
(ii) Make restitution as authorized by § 5 -4-205; or 15
(iii) Suspend imposition of an additional term of 16
imprisonment, as authorized by subdivision (e)(3) of this section. 17
(C)(i) In addition to the term of imprisonment imposed by 18
the trial court, the trial court shall impose a period of post -release 19
supervision for any defendant sentenced to a felony ineligible to receive 20
earned release credits or a restricted release felony, as defined in § 16 -93-21
1802, who is not sentenced to the statutory maximum for the offense. 22
(ii) The Post-Prison Transfer Board shall set the 23
terms and conditions of post -release supervision for a defendant subject to 24
subdivision (c)(1)(C)(i) of this section before the defendant’s release from 25
imprisonment. 26
(iii) The maximum terms of post -release supervision 27
that may be imposed under subdivision (c)(1)(C)(i) of this section are: 28
(a) For a Class Y felony, seven (7) years; 29
(b) For a Class A felony, a Class B felony, or 30
an unclassified felony with a maximum term of imprisonment exceeding ten (10) 31
years, five (5) years; and 32
(c) For all other felonies, three (3) years. 33
(iv) A term of post-release supervision, when 34
aggregated with the term of imprisonment imposed by the trial court, shall 35
not exceed the statutory maximum for the offense. 36 As Engrossed: S3/30/23 H4/5/23 SB495
29 04-05-2023 16:03:12 JLC013
(v) When a defendant is subject to an additional 1
term of post-release supervision on a sentence for which he or she is 2
required to serve one hundred percent (100%) of the term of imprisonment 3
imposed by the sentencing court, the jury shall be instructed as to the 4
potential additional term of post -release supervision. 5
(2) A defendant who was eighte en (18) years of age or older at 6
the time of the offense and who was convicted of one (1) or more of the 7
following Class Y felonies in which the victim was less than fourteen (14) 8
years of age at the time of the offense shall be sentenced to life without 9
the possibility of parole: 10
(A) Rape involving forcible compulsion, § 5 -14-103(a)(1); 11
(B) Trafficking of persons, § 5 -18-103; 12
(C) Engaging children in sexually explicit conduct for use 13
in visual or print medium, § 5 -27-303; 14
(D) Transportation of minors for prohibited sexual 15
conduct, § 5-27-305; 16
(E) Producing, directing, or promoting a sexual 17
performance by a child, § 5 -27-403; and 18
(F) Computer exploitation of a child in the first degree, 19
§ 5-27-605. 20
(d) A defendant convicted of an offense other than a Class Y felony, 21
capital murder, § 5-10-101, treason, § 5-51-201, or murder in the second 22
degree, § 5-10-103, or a felony ineligible to receive earned release credits 23
as defined in § 16-93-1802, may be sentenced to any one (1) or more of the 24
following, except as precluded by subsection (e) of this section: 25
(1) Imprisonment as authorized by §§ 5 -4-401 — 5-4-404; 26
(2) Probation as authorized by §§ 5 -4-301 — 5-4-307 and 16-93-27
306 — 16-93-314; 28
(3) Payment of a fine as authorized by §§ 5 -4-201 and 5-4-202; 29
(4) Restitution as authorized by a provision of § 5 -4-205; or 30
(5) Imprisonment and payment of a fine. 31
(e)(1)(A) The court shall not suspend imposition of sentence as to a 32
term of imprisonment nor place the defendant on probation for the following 33
offenses: 34
(i) Capital murder, § 5 -10-101; 35
(ii) Treason, § 5-51-201; 36 As Engrossed: S3/30/23 H4/5/23 SB495
30 04-05-2023 16:03:12 JLC013
(iii) A Class Y felony, except to the extent 1
suspension of an additional term of imprisonment is permitted in subsecti on 2
(c) of this section; 3
(iv) Driving or boating while intoxicated, § 5 -65-4
103; 5
(v) Murder in the second degree, § 5 -10-103, except 6
to the extent suspension of an additional term of imprisonment is permitted 7
in subsection (c) of this section; or 8
(vi) Engaging in a continuing criminal enterprise, § 9
5-64-405; 10
(vii) Furnishing a prohibited article, possessing a 11
prohibited article, using a prohibited article, or delivering a prohibited 12
article, § 5-54-119; or 13
(viii) A felony ineligible t o receive earned release 14
credits as defined in § 16 -93-1802. 15
(B)(i) In any other case, the court may suspend imposition 16
of sentence or place the defendant on probation, in accordance with §§ 5 -4-17
301 — 5-4-307 and 16-93-306 — 16-93-314, except as otherwise specifically 18
prohibited by statute. 19
(ii) The court may not suspend execution of sentence. 20
(2) If the offense is punishable by fine and imprisonment, the 21
court may sentence the defendant to pay a fine and suspend imposition of the 22
sentence as to imprisonment or place the defendant on probation. 23
(3)(A) The court may sentence the defendant to a term of 24
imprisonment and suspend imposition of sentence as to an additional term of 25
imprisonment. 26
(B) However, the court shall not sentence a de fendant to 27
imprisonment and place him or her on probation, except as authorized by § 5 -28
4-304. 29
(C) This subdivision (e)(3) does not prohibit a period of 30
post-release supervision as authorized in § 16 -93-1801 et seq. and § 16 -93-31
1901 et seq. 32
33
SECTION 6. Arkansas Code § 5 -4-107(a)(1), concerning extended 34
supervision and monitoring for certain sex offenders, is amended to read as 35
follows: 36 As Engrossed: S3/30/23 H4/5/23 SB495
31 04-05-2023 16:03:12 JLC013
(a)(1) The Division of Correction within one hundred twenty (120) days 1
before the release on parole or post-release supervision of a person who is 2
required to register as a sex offender under the Sex Offender Registration 3
Act of 1997, § 12-12-901 et seq., shall notify in writing the prosecuting 4
attorney in the judicial district in which the person was sentenced of the 5
person's impending release on parole or post-release supervision. 6
7
SECTION 7. Arkansas Code § 5 -4-202, is amended to read as follows: 8
5-4-202. Alternative sentence prohibited — Time of payment. 9
(a) If the defendant is sentenced to pay a fine or costs, the court 10
shall not at the same time impose an alternative sentence or imprisonment to 11
be served if the fine or costs are not paid. 12
(b)(1) If a defendant is sentenced to pay a fine or costs, the court 13
may grant permission for payment to be made: 14
(A) Within a specified period of time; or 15
(B) In specified installments. 16
(2) If Except as provided in subsection (c) of this section, if 17
permission under subdivision (b)(1) of this section is not granted in the 18
sentence, the fine or costs are payable i mmediately. 19
(c)(1) If a defendant is sentenced to a term of imprisonment, fines 20
and costs shall be suspended for the period of confinement and the one 21
hundred twenty (120) days following the defendant’s release from custody. 22
(2) If a defendant is sent enced to a term of imprisonment, 23
restitution shall be suspended for the period of confinement and is payable 24
immediately following the defendant's release from custody. 25
26
SECTION 8. Arkansas Code § 5 -4-205(f)(1), concerning restitution to be 27
included as a condition of release, is amended to read as follows: 28
(f)(1) If the defendant is placed on probation or any form of 29
conditional release, any restitution ordered under this section is a 30
condition of the suspended imposition of sentence, probation, parole, post-31
release supervision, or transfer. 32
33
SECTION 9. Arkansas Code § 5-4-206(a), concerning the collection of 34
unpaid restitution and the interception of state income tax returns, is 35
amended to read as follows: 36 As Engrossed: S3/30/23 H4/5/23 SB495
32 04-05-2023 16:03:12 JLC013
(a) As used in this section, “restitution order” means a judgment and 1
commitment sentencing order, judgment and disposition order, or other order 2
that imposes a duty on a defendant to pay restitution. 3
4
SECTION 10. Arkansas Code § 5 -4-301(a)(1), concerning crimes for which 5
suspension or probation is prohibited, is amended to read as follows: 6
(a)(1) A court shall not suspend imposition of sentence as to a term 7
of imprisonment or place a defendant on probation for the following offenses: 8
(A) Capital murder, § 5 -10-101; 9
(B) Treason, § 5-51-201; 10
(C) A Class Y felony, except to the extent susp ension of 11
an additional term of imprisonment is permitted in § 5 -4-104(c); 12
(D) Driving or boating while intoxicated, § 5 -65-103; 13
(E) Murder in the second degree, § 5 -10-103, except to the 14
extent suspension of an additional term of imprisonment is p ermitted in § 5-15
4-104(c); or 16
(F) Engaging in a continuing criminal enterprise, § 5 -64-17
405; 18
(G) Furnishing a prohibited article, possessing a 19
prohibited article, using a prohibited article, or delivering a prohibited 20
article, § 5-54-119; or 21
(H) A felony ineligible to receive earned release credits 22
as defined in § 16-93-1802. 23
24
SECTION 11. Arkansas Code § 5 -4-301, concerning crimes for which 25
suspension or probation is prohibited, is amended to add a new subsection to 26
read as follows: 27
(e)(1) Notwithstanding any provision prohibiting a sentence of 28
probation or suspended imposition of sentence for certain felonies, a court 29
may sentence a defendant to a term of imprisonment and suspend imposition of 30
sentence as to an additional term of imprisonme nt. 31
(2) However, a court shall not sentence a defendant to a term of 32
imprisonment and place him or her on probation, except as authorized in this 33
section. 34
(3) This section does not prohibit a period of post -release 35
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
33 04-05-2023 16:03:12 JLC013
1
SECTION 12. Arkansas Code § 5 -4-312(b)(3)(D), concerning a decision to 2
transfer a defendant from the Division of Correction to the Division of 3
Community Correction, is amended to read as follows: 4
(D) A decision to release a defendant administratively 5
transferred to the Division of Community Correction from the Division of 6
Correction under subdivision (b)(3)(A) of this section is vested solely with 7
the Parole Post-Prison Transfer Board. 8
9
SECTION 13. Arkansas C ode § 5-4-402(d)(1)(A), concerning transferring 10
a juvenile from the Division of Youth Services to the Division of Correction, 11
is amended to read as follows: 12
(d)(1)(A) A juvenile sentenced in circuit court who is less than 13
sixteen (16) years of age when s entenced shall be committed to the custody of 14
the Division of Youth Services until his or her sixteenth birthday, at which 15
time he or she shall be transferred to the Division of Correction, except as 16
provided by court order or parole decision made by the Parole Post-Prison 17
Transfer Board. 18
19
SECTION 14. Arkansas Code § 5 -4-403(a), concerning multiple sentences 20
and concurrent and consecutive terms, is amended to read as follows: 21
(a) When Except as provided in subsections (c) and (e) of this 22
section, when multiple sentences of imprisonment are imposed on a defendant 23
convicted of more than one (1) offense, including an offense for which a 24
previous suspension or probation has been revoked, the sentences shall run 25
concurrently unless, upon recommendation of t he jury or the court's own 26
motion, the court orders the sentences to run consecutively. 27
28
SECTION 15. Arkansas Code § 5 -4-403, concerning multiple sentences and 29
concurrent and consecutive terms, is amended to add an additional subsection 30
to read as follows: 31
(e)(1) If a defendant is sentenced to an additional term of 32
imprisonment due to a sentence enhancement and the statute governing the 33
sentence enhancement provides that the sentence enhancement shall run 34
consecutively, the sentence enhancement shall ru n consecutively to the 35
sentence imposed for the underlying offense. 36 As Engrossed: S3/30/23 H4/5/23 SB495
34 04-05-2023 16:03:12 JLC013
(2) If a defendant is convicted of a felony for an offense 1
committed while serving a term of imprisonment at a facility operated or 2
contracted by the Division of Correction or the Divis ion of Community 3
Correction, the sentence for the offense committed while serving the term of 4
imprisonment shall run consecutively to the sentence for which the defendant 5
was serving the term of imprisonment. 6
(3) If a defendant is convicted of a felony for an offense 7
committed while on post -release supervision, the sentence for the offense 8
committed while on post -release supervision shall run consecutively to the 9
sentence for which the defendant was subject to post -release supervision. 10
11
SECTION 16. Arkansas Code § 5-4-501(c)(1) and (2), concerning habitual 12
offenders, are amended to read as follows: 13
(c)(1) Except as provided in subdivision (c)(3) of this section, a 14
defendant who is convicted of a serious felony involving violence enumerated 15
in subdivision (c)(2) of this section and who previously has been convicted 16
of one (1) or more of the serious felonies involving violence enumerated in 17
subdivision (c)(2) of this section may be sentenced to pay any fine 18
authorized by law for the serious felony involv ing violence conviction and 19
shall be sentenced: 20
(A) To to imprisonment for a term of not less than forty 21
(40) years nor more than eighty (80) years, or life ; and 22
(B) Without eligibility for parole or community correction 23
transfer except under § 16 -93-615. 24
(2) As used in this subsection, “serious felony involving 25
violence” means: 26
(A) Any of the following felonies: 27
(i) Murder in the first degree, § 5 -10-102; 28
(ii) Murder in the second degree, § 5 -10-103; 29
(iii) Kidnapping, § 5 -11-102, involving an activity 30
making it a Class Y felony; 31
(iv) Aggravated robbery, § 5 -12-103; 32
(v) Terroristic act, § 5 -13-310, involving an 33
activity making it a Class Y felony; 34
(vi) Rape, § 5-14-103; 35
(vii) Sexual assault in the first degree, § 5-14-36 As Engrossed: S3/30/23 H4/5/23 SB495
35 04-05-2023 16:03:12 JLC013
124; 1
(viii) Causing a catastrophe, § 5 -38-202(a); 2
(ix) Aggravated residential burglary, § 5 -39-204; or 3
(x) Aggravated assault upon a law enforcement 4
officer or an employee of a correctional facility, § 5 -13-211, if a Class Y 5
felony; or 6
(xi) Capital murder, § 5 -10-101; or 7
(xii) Unlawful discharge of a firearm from a 8
vehicle, § 5-74-107; or 9
(B) A conviction of a comparable serious felony involving 10
violence from another jurisdiction. 11
12
SECTION 17. Arkansas Code § 5-4-501(d)(1) and (2), concerning habitual 13
offenders, are amended to read as follows: 14
(d)(1) A defendant who is convicted of a felony involving violence 15
enumerated in subdivision (d)(2) of this section and who previously has been 16
convicted of two (2) or more of the felonies involving violence enumerated in 17
subdivision (d)(2) of this section may be sentenced to pay any fine 18
authorized by law for the felony involving violence conviction and shall be 19
sentenced to an extended term of imprisonment without eligibility for parole 20
or community correction transfer except under § 16 -93-615 as follows: 21
(A) For a conviction of a Class Y felony, a term of 22
imprisonment of not less than life in prison; 23
(B) For a conviction of a Class A felony, a term of 24
imprisonment of not less than forty (40) years nor more than life in prison; 25
(C) For a conviction of a Class B felony or for a 26
conviction of an unclassified felony punishable by life imprisonment, a term 27
of imprisonment of not less than thirty (30) years nor mo re than sixty (60) 28
years; 29
(D) For a conviction of a Class C felony, a term of 30
imprisonment of not less than twenty -five (25) years nor more than forty (40) 31
years; 32
(E) For a conviction of a Class D felony, a term of 33
imprisonment of not less than twe nty (20) years nor more than forty (40) 34
years; and 35
(F) For a conviction of an unclassified felony punishable 36 As Engrossed: S3/30/23 H4/5/23 SB495
36 04-05-2023 16:03:12 JLC013
by less than life imprisonment, a term of imprisonment not more than three 1
(3) times the maximum sentence for the unclassified felony offense. 2
(2) As used in this subsection, “felony involving violence” 3
means: 4
(A) Any of the following felonies: 5
(i) Murder in the first degree, § 5 -10-102; 6
(ii) Murder in the second degree, § 5 -10-103; 7
(iii) Kidnapping, § 5 -11-102; 8
(iv) Aggravated robbery, § 5 -12-103; 9
(v) Rape, § 5-14-103; 10
(vi) Battery in the first degree, § 5 -13-201; 11
(vii) Terroristic act, § 5 -13-310; 12
(viii) Sexual assault in the first degree, § 5 -14-13
124; 14
(ix) Sexual assault in the second degree, § 5-14-15
125; 16
(x) Domestic battering in the first degree, § 5 -26-17
303; 18
(xi) Residential burglary, § 5 -39-201(a); 19
(xii) (xi) Aggravated residential burglary, § 5 -39-20
204; 21
(xiii) (xii) Unlawful discharge of a firearm from a 22
vehicle, § 5-74-107; 23
(xiv) (xiii) Criminal use of prohibited weapons, § 24
5-73-104, involving an activity making it a Class B felony; 25
(xv) (xiv) A felony attempt, solicitation, or 26
conspiracy to commit: 27
(a) Capital murder, § 5 -10-101; 28
(b) Murder in the firs t degree, § 5-10-102; 29
(c) Murder in the second degree, § 5 -10-103; 30
(d) Kidnapping, § 5 -11-102; 31
(e) Aggravated robbery, § 5 -12-103; 32
(f) Aggravated assault upon a law enforcement 33
officer or an employee of a correctional facility, § 5 -13-211, if a Class Y 34
felony; 35
(g) Rape, § 5-14-103; 36 As Engrossed: S3/30/23 H4/5/23 SB495
37 04-05-2023 16:03:12 JLC013
(h) Battery in the first degree, § 5 -13-201; 1
(i) Domestic battering in the first degree, § 2
5-26-303; or 3
(j) Residential burglary, § 5 -39-201(a); or 4
(k) (j) Aggravated residential burglary, § 5-5
39-204; or 6
(xvi) (xv) Aggravated assault upon a law enforcement 7
officer or an employee of a correctional facility, § 5 -13-211, if a Class Y 8
felony; or 9
(xvi) Capital murder, § 5 -10-101; or 10
(B) A conviction of a comparable felony involving violence 11
from another jurisdiction. 12
13
SECTION 18. DO NOT CODIFY. Residential burglary. 14
(a)(1) Residential burglary is removed from the definition of "felony 15
involving violence" under § 5 -4-501(d)(2) effective January 1, 2024. 16
(2) Because residential burglary is not a felony involving 17
violence as of January 1, 2024, residential burglary is not considered a 18
prior felony involving violence under § 5 -4-501 for offenses committed on or 19
after January 1, 2024. 20
(b) Aggravated residential b urglary remains a felony involving 21
violence under § 5-4-501. 22
23
SECTION 19. Arkansas Code § 5 -4-702(a), concerning enhanced penalties 24
for certain offenses committed in the presence of a child, is amended to read 25
as follows: 26
(a) A person who commits any of the following offenses may be subject 27
to an enhanced sentence of an additional term of imprisonment of not less 28
than one (1) year and not greater than ten (10) years if the offense is 29
committed in the presence of a child: 30
(1) Capital murder, § 5 -10-101; 31
(2) Murder in the first degree, § 5 -10-102; 32
(3) Murder in the second degree, § 5 -10-103; 33
(4) Aggravated robbery, § 5 -12-103; 34
(5) A felony offense of assault or battery under § 5 -13-201 et 35
seq.; 36 As Engrossed: S3/30/23 H4/5/23 SB495
38 04-05-2023 16:03:12 JLC013
(6) Rape, § 5-14-103; 1
(7) Sexual assault in the second degree, § 5 -14-125; or 2
(8) A felony offense of domestic battering or assault on a 3
family or household member under §§ 5 -26-303 — 5-26-309; 4
(9) Unlawful discharge of a firearm from a vehicle, § 5 -74-107; 5
or 6
(10) Terroristic act, § 5 -13-310. 7
8
SECTION 20. Arkansas Code § 5 -4-702(e), concerning enhanced penalties 9
for offenses committed in the presence of a child, is amended to read as 10
follows: 11
(e) Any person convicted under this section is not eligible for early 12
release on parole, transfer to post-release supervision, or community 13
correction transfer for the enhanced portion of the sentence. 14
15
SECTION 21. Arkansas Code § 5 -4-707(f), concerning an additional term 16
of imprisonment for an offense constituting violence against a church or 17
other place of worship, is amended to read as follows: 18
(f) A person receiving an additional term of imprisonment under this 19
section is not eligible for early release on parole , transfer to post-release 20
supervision, or community correction transfer for the additional term of 21
imprisonment. 22
23
SECTION 22. Arkansas Code § 5 -4-803(c)(3), concerning community 24
service work as a sentencing alternative, is amended to read as follows: 25
(3) If an eligible offender withdraws consent to participate in 26
a community work project, the eligible offender is entitled to all good time , 27
and parole, and post-release supervision eligibility considerations as 28
provided by law. 29
30
SECTION 23. Arkansas Code § 5 -4-803(d)(5), concerning community 31
service work as a sentencing alte rnative, is amended to read as follows: 32
(5) If an eligible offender's conduct is found to be 33
unsatisfactory, the eligible offender is entitled to all good time , and 34
parole, and post-release supervision eligibility considerations as provided 35
by law. 36 As Engrossed: S3/30/23 H4/5/23 SB495
39 04-05-2023 16:03:12 JLC013
1
SECTION 24. Arkansas Code § 5 -5-204(a)(1)(B), concerning the use or 2
sale of conveyances and the disposition of sale proceeds, is amended to read 3
as follows: 4
(B) After allowance for reasonable expenses of seizure and 5
maintenance of custody of the conveyance, the proceeds from a sale under 6
subdivision (a)(1)(A) of this section shall be used to satisfy any 7
outstanding restitution under § 5 -4-205 owed to a victim of an offense for 8
which the conveyance was used, if the victim files a petition with the 9
circuit court or makes a request to the circuit court within thirty (30) days 10
of the filing of the judgment and commitment sentencing order of the 11
convicted defendant. 12
13
SECTION 25. Arkansas Code § 5 -10-101(a)(3), concerning the murder of 14
certain persons as an element of capital murder, is amended to read as 15
follows: 16
(3) With the premeditated and deliberated purpose of causing the 17
death of any law enforcement officer, jailer, prison official, firefighter, 18
judge or other court official, probation officer, parole officer community 19
supervision officer, any military perso nnel, or teacher or school employee, 20
when such person is acting in the line of duty, the person causes the death 21
of any person; 22
23
SECTION 26. Arkansas Code § 5 -10-101(c)(1)(B), concerning the 24
punishment for capital murder if the defender was younger than the age of 25
eighteen (18) at the time of the capital murder, is amended to read as 26
follows: 27
(B) If the defendant was younger than eighteen (18) years 28
of age at the time he or she committed the capital murder, life imprisonment 29
with the possibility of p arole or transfer to post-release supervision after 30
serving a minimum of thirty (30) years' imprisonment. 31
32
SECTION 27. Arkansas Code § 5 -10-102(c)(2), concerning the punishment 33
for murder in the first degree if the defender was younger than the age of 34
eighteen (18) at the time of the murder in the first degree, is amended to 35
read as follows: 36 As Engrossed: S3/30/23 H4/5/23 SB495
40 04-05-2023 16:03:12 JLC013
(2) Unless the application of § 16 -93-621 results in a person's 1
being eligible for parole or transfer to post-release supervision at an 2
earlier date, if a person was younger than eighteen (18) years of age at the 3
time he or she committed murder in the first degree and is sentenced to life 4
imprisonment, the person is eligible for parole or post-release supervision 5
after serving a minimum of twenty -five (25) years' imprisonment. 6
7
SECTION 28. Arkansas Code § 5 -10-104(c), concerning manslaughter, is 8
amended to read as follows: 9
(c) Manslaughter is a Class C B felony. 10
11
SECTION 29. Arkansas Code § 5 -10-105(b), concerning negligent 12
homicide, is amended to read as follows: 13
(b)(1) A person commits negligent homicide if he or she negligently 14
causes the death of another person. 15
(2) A person who violates subdivision (b)(1) of this section by 16
means of a deadly weapon upon conviction is guilty of a Class A misdemeanor D 17
felony. 18
(3) If otherwise committed under subdivision (b)(1) of this 19
section, negligent homicide is a Class A misdemeanor. 20
21
SECTION 30. Arkansas Code § 5 -14-110(a)(4)(B), concerning sexual 22
indecency with a child committed by certain persons, is ame nded to read as 23
follows: 24
(B) Employed by or contracted with the Division of 25
Community Correction, a local law enforcement agency, a court, or a local 26
government and the actor is supervising the minor while the minor is on 27
probation, or parole, or post-release supervision or for any other court -28
ordered reason; 29
30
SECTION 31. Arkansas Code § 5 -14-112(b), concerning indecent exposure, 31
is amended to read as follows: 32
(b)(1) Except as provided in subdivisions (b)(2) and (b)(3) of this 33
section, indecent expo sure is a Class A misdemeanor. 34
(2) Indecent exposure is a Class D felony: 35
(A) For a fourth or fifth conviction within ten (10) years 36 As Engrossed: S3/30/23 H4/5/23 SB495
41 04-05-2023 16:03:12 JLC013
of a previous conviction , indecent exposure is a Class D felony. ; or 1
(B) If a person is in the custody of a correctional 2
facility or a detention facility at the time the person exposes his or her 3
sex organs. 4
(3) For a sixth conviction and each successive conviction within 5
ten (10) years of a previous conviction, indecent exposure is a Class C 6
felony. 7
8
SECTION 32. Arkansas Code § 5 -14-113 is amended to read as follows: 9
5-14-113. Sexual extortion. 10
(a) A person commits the offense of sexual extortion if: 11
(1) With the purpose to coerce another person to engage in 12
sexual contact or sexually explicit conduct, the person communicates a threat 13
to: 14
(A) Damage the property or harm the reputation of the 15
other person; or 16
(B) Produce or distribute a recording of the other person 17
engaged in sexually explicit conduct or depicted in a state of nudity; 18
(2) With the purpose to produce or distribute a recording of a 19
person in a state of nudity or engaged in sexually explicit conduct, the 20
person communicates a threat to: 21
(A) Damage the property or harm the reputation of the 22
other person; or 23
(B) Produce or distribute a recording of the other person 24
engaged in sexually explicit conduct or depicted in a state of nudity; or 25
(3) The person knowingly causes another person to engage in 26
sexual contact or sexually explicit conduct or to produce or distrib ute a 27
recording of a person in a state of nudity or engaged in sexually explicit 28
conduct by communicating a threat to: 29
(A) Damage the property or harm the reputation of the 30
other person; or 31
(B) Produce or distribute a recording of the other person 32
engaged in sexually explicit conduct or depicted in a state of nudity ; or 33
(4) The person knowingly demands payment of money or receipt of 34
anything of value by communicating a threat to distribute a recording of a 35
person engaged in sexually explicit cond uct or depicted in a state of nudity . 36 As Engrossed: S3/30/23 H4/5/23 SB495
42 04-05-2023 16:03:12 JLC013
(b) Sexual extortion is a Class B felony. 1
2
SECTION 33. Arkansas Code § 5 -14-124(a)(1)(B), concerning sexual 3
assault in the first degree committed by certain persons, is amended to read 4
as follows: 5
(B) Employed by or contracted with the Division of 6
Community Correction, a local law enforcement agency, a court, or a local 7
government and the actor is supervising the minor while the minor is on 8
probation, or parole, or post-release supervision or for any other court -9
ordered reason; 10
11
SECTION 34. Arkansas Code § 5 -14-125(a)(4)(A)(ii), concerning sexual 12
assault in the second degree committed by certain persons, is amended to read 13
as follows: 14
(ii) Employed by or contracted with the Division o f 15
Community Correction, a local law enforcement agency, a court, or a local 16
government and the actor is supervising the minor while the minor is on 17
probation, or parole, or post-release supervision or for any other court -18
ordered reason; 19
20
SECTION 35. Arkansas Code § 5-14-126(a)(1)(B), concerning sexual 21
assault in the third degree committed by certain persons, is amended to read 22
as follows: 23
(B) Employed by or contracted with the Division of 24
Community Correction, a local law enforcement agency, a court, or a local 25
government and the actor is supervising the person while the person is on 26
probation, or parole, or post-release supervision or for any other court -27
ordered reason; 28
29
SECTION 36. Arkansas Code § 5 -14-137(b)(1), concerning the prohibition 30
against a registered sex offender recording a person younger than fourteen 31
years of age, is amended to read as follows: 32
(1) Record a person under fourteen (14) years of age and post 33
the recording of the person on an online social media platform or other 34
internet website that allows the using or posting of a recording in any form 35
after the person has previously been warned of his or her possible criminal 36 As Engrossed: S3/30/23 H4/5/23 SB495
43 04-05-2023 16:03:12 JLC013
exposure by a judge at the person's sentencing for the offense for which the 1
person is required to register as a sex offender, or by his or her parole or 2
probation community supervision officer that recording a person under 3
fourteen (14) years of age is a violation of his or her terms and conditions 4
of his or her probation , or parole, or post-release supervision; or 5
6
SECTION 37. Arkansas Code § 5 -36-103(b)(3), concerning theft of 7
property that is classified as Class D felony, is amended to add an 8
additional subdivision to read as follows: 9
(J) The value of the property is one thousand dollars 10
($1,000) or less and the person has been previously convicted of a theft 11
offense of any classification within ten (10) years of the current offense. 12
13
SECTION 38. Arkansas Code § 5 -39-204, concerning aggravated 14
residential burglary, is amended to read as follows: 15
(a) A person commits aggravated residential burglary if he or she 16
commits residential burglary as defined in § 5 -39-201 of a residential 17
occupiable structure occupied by any person , and he or she either: 18
(1) Is The residential occupiable structure is o ccupied by 19
another person; or 20
(2) He or she is armed with a deadly weapon or represents by 21
word or conduct that he or she is armed with a deadly weapon ; or. 22
(2) Inflicts or attempts to inflict death or serious injury upon 23
another person. 24
(b) Aggravated residential burglary is a : 25
(1) Class Y felony if: 26
(A) Committed under subdivision (a)(2) of this section; or 27
(B) The person causes or attempts to cause death or 28
serious physical injury to another person; or 29
(2) Class A felony if otherwis e committed. 30
31
SECTION 39. Arkansas Code § 5 -53-101(4)(A), concerning the definitions 32
used concerning offenses related to official proceedings, is amended to read 33
as follows: 34
(4)(A) “Official proceeding” means a proceeding heard before any 35
legislative, judicial, administrative, or other government agency or official 36 As Engrossed: S3/30/23 H4/5/23 SB495
44 04-05-2023 16:03:12 JLC013
authorized to hear evidence under oath, including any referee, hearing 1
examiner, parole revocation hearing judge, commissioner, notary, or other 2
person taking testimony or depositions in any such proceeding. 3
4
SECTION 40. Arkansas Code § 5 -54-119, concerning the furnishing, 5
possessing, using, or delivering of a prohibited article, is amended to add 6
an additional subsection to read as follows: 7
(g) A person convicted of furnishing a prohib ited article, possessing 8
a prohibited article, using a prohibited article, or delivering a prohibited 9
article and who, at the time of the offense, was an employee of, volunteer 10
for, or contractor with a correctional facility shall have his or her 11
sentence enhanced as follows: 12
(1)(A) The term of imprisonment is enhanced by up to ten (10) 13
additional years. 14
(B) The enhanced term of imprisonment under subdivision 15
(g)(1)(A) of this section is consecutive to any other sentence imposed. 16
(C) A person subject to an enhanced term of imprisonment 17
under subdivision (g)(1)(A) of this section is not eligible for parole, post -18
release supervision, or community correction transfer for the enhanced term 19
of imprisonment under subdivision (g)(1)(A) of this section; a nd 20
(2) The fine is enhanced by up to ten thousand dollars 21
($10,000). 22
23
SECTION 41. Arkansas Code § 5 -54-129 is amended to read as follows: 24
5-54-129. Search of persons and vehicles entering institutions. 25
It is lawful for a superintendent, warden, or jailor, or his or her 26
duly authorized agent, to require, as a condition of admission, a reasonable 27
search as permitted by the Arkansas Constitution and the United States 28
Constitution of the person or vehicle of anyone seeking admission to, or to 29
visit in, the Department of Community Correction Corrections, jails, state 30
institutions, or other places where persons are confined. 31
32
SECTION 42. Arkansas Code § 5 -54-206(c), concerning enhanced penalties 33
for the offense of terrorism, is amended to read as follows : 34
(c) Any person sentenced under this section is not eligible for early 35
release on parole, transfer to post-release supervision, or community 36 As Engrossed: S3/30/23 H4/5/23 SB495
45 04-05-2023 16:03:12 JLC013
correction transfer for the enhanced portion of the sentence. 1
2
SECTION 43. Arkansas Code § 5 -55-107(c)(1), concerning restitution and 3
collection under the Medicaid Fraud Act, is amended to read as follows: 4
(c)(1) In addition to the judgment and commitment sentencing order in 5
a criminal case, a court shall enter a separate restitution order against the 6
defendant convicted of Medicaid fraud regarding restitution consistent with 7
this section and § 5 -55-108. 8
9
SECTION 44. Arkansas Code § 5 -64-407(c), concerning the manufacture of 10
methamphetamine in the presence of certain persons, is amended to read as 11
follows: 12
(c) Any person sentenced under this section is not eligible for early 13
release on parole, transfer to post-release supervision, or community 14
correction transfer for the enhanced portion of the sentence. 15
16
SECTION 45. Arkansas Code § 5 -64-411(c), concerning enhanced penalties 17
for controlled substances offenses in close proximity to certain facilities, 18
is amended to read as follows: 19
(c) Any person convicted under this section is not eligible for early 20
release on parole, transfer to post-release supervision, or community 21
correction transfer for the enhanced portion of the sentence. 22
23
SECTION 46. Arkansas Code § 5 -70-104(b), concerning promoting 24
prostitution in the first degree, is amended to read as follows: 25
(b) Promoting prostitution in the first degree is a: 26
(1) Class D felony under subdivision (a)(1) of this section; 27
(2) Class B felony under subdivision (a)(2) of this section . 28
29
SECTION 47. Arkansas Code § 5 -65-115(a)(1), concerning alcohol 30
treatment or education programs for persons whose drivin g privileges are 31
suspended or revoked due to driving under the influence and related offenses, 32
is amended to read as follows: 33
(a)(1)(A) A person whose driving privileges are suspended or 34
revoked for violating § 5 -65-103, § 5-65-303, § 5-65-310, or § 3-3-203 is 35
required to complete an alcohol education program provided by a contractor 36 As Engrossed: S3/30/23 H4/5/23 SB495
46 04-05-2023 16:03:12 JLC013
with the Division of Aging, Adult, and Behavioral Health Services of the 1
Department of Human Services or an alcoholism treatment program licensed by 2
the division. 3
(B) The Department of Human Services shall coordinate with the 4
Department of Corrections to license Department of Corrections employees or 5
contractors to provide the alcohol education or alcohol treatment program 6
required under subdivision (a)(1)(A) of this secti on to inmates. 7
8
SECTION 48. Arkansas Code § 5 -73-103(c)(1), concerning possession of 9
firearms by certain persons, is amended to read as follows: 10
(c)(1) A person who violates this section commits a Class B felony if: 11
(A) The person has a prior viole nt felony conviction; 12
(B) The person's current possession of a firearm involves 13
the commission of another crime; or 14
(C) The person has a prior felony conviction for an 15
offense that had as an element of the offense the use or possession of a 16
deadly weapon; or 17
(C)(D) The person has been previously convicted under this 18
section or a similar provision from another jurisdiction. 19
20
SECTION 49. Arkansas Code § 5 -73-323, concerning licenses to carry a 21
concealed handgun held by certain persons, is amen ded to read as follows: 22
A member of the Parole Post-Prison Transfer Board, a board 23
investigator, or a parole revocation hearing judge who has been issued a 24
license to carry a concealed handgun by the Department Division of Arkansas 25
State Police under this subchapter may carry his or her concealed handgun 26
into a building in which or a location on which a law enforcement officer may 27
carry a handgun if the board member, board investigator, or parole revocation 28
hearing judge is on official business of the board. 29
30
SECTION 50. Arkansas Code § 9 -27-507(b)(2)(B), concerning penalties 31
for violating a disposition order in an extended juvenile jurisdiction case, 32
is amended to read as follows 33
(B) Statutory provisions prohibiting or limiting probation 34
or suspended imposition of sentence , or parole, or transfer to post -release 35
transfer for offenses when committed by an adult shall not apply to juveniles 36 As Engrossed: S3/30/23 H4/5/23 SB495
47 04-05-2023 16:03:12 JLC013
sentenced as extended juvenile jurisdiction offenders. 1
2
SECTION 51. Arkansas Code § 9-27-507(e)(4)(B), concerning options for 3
disposition at certain points in an extended juvenile jurisdiction case, is 4
amended to read as follows: 5
(B) Statutory provisions prohibiting or limiting probation 6
or suspended imposition of se ntence, or parole, or post-release transfer for 7
offenses when committed by an adult shall not apply to juveniles sentenced as 8
extended juvenile jurisdiction offenders. 9
10
SECTION 52. Arkansas Code § 9 -27-510(a)(2), concerning placement of a 11
juvenile with the Division of Correction, is amended to read as follows: 12
(2) If a juvenile receives a sentence to the Division of 13
Correction before the juvenile's sixteenth birthday, the juvenile shall be 14
housed by the Division of Youth Services until that date, excep t as provided 15
by a court order or parole or post-release supervision decision made by the 16
Parole Post-Prison Transfer Board. 17
18
SECTION 53. Arkansas Code § 9 -27-510(c)(1)(A) and (B), concerning 19
placement of a juvenile with the Division of Correction, are a mended to read 20
as follows: 21
(c)(1)(A) Juveniles sentenced to the Division of Correction pursuant 22
to extended juvenile jurisdiction are subject to parole and post-release 23
supervision as is any other inmate within the Division of Correction. 24
(B) Juveniles adjudicated for capital murder, § 5 -10-101, 25
or murder in the first degree, § 5 -10-102, are subject to parole or post-26
release supervision. 27
28
SECTION 54. Arkansas Code § 9 -28-409(f)(1), concerning criminal 29
background and child maltreatment checks for emp loyees of child welfare 30
agencies, is amended to read as follows: 31
(f)(1) A person who is required to have a criminal records check under 32
subdivision (b)(1) or subdivision (c)(1) of this section who has pleaded 33
guilty or nolo contendere to or been found gu ilty of any of the offenses 34
listed in subdivision (e)(3) of this section shall be absolutely disqualified 35
from being an owner, operator, volunteer, foster parent, adoptive parent, 36 As Engrossed: S3/30/23 H4/5/23 SB495
48 04-05-2023 16:03:12 JLC013
member of a child welfare agency's board of directors, or employee in a chil d 1
welfare agency during the period of the person's confinement, probation, or 2
parole, or post-release supervision unless the conviction is vacated or 3
reversed. 4
5
SECTION 55. Arkansas Code § 9 -28-409(f)(3)(A), concerning criminal 6
background and child maltr eatment checks for employees of child welfare 7
agencies, is amended to read as follows: 8
(3)(A) Except as provided under subdivision (f)(1) of this 9
section, a person who is required to have a criminal records check under 10
subdivision (b)(1) or subdivision (c)(1) of this section who has pleaded 11
guilty or nolo contendere to or been found guilty of any of the offenses 12
listed in subdivision (e)(3) of this section shall be presumed to be 13
disqualified to be an owner, operator, volunteer, foster parent, adoptive 14
parent, member of a child welfare agency's board of directors, or employee in 15
a child welfare agency after the completion of his or her term of 16
confinement, probation, or parole, or post-release supervision unless the 17
conviction is vacated or reversed. 18
19
SECTION 56. Arkansas Code § 11 -10-513(a)(3), concerning 20
disqualification for unemployment benefits due to voluntarily leaving work, 21
is amended to read as follows: 22
(3) Any person who leaves his or her last work to comply with 23
the order of a correctional institution or to satisfy the terms of his or her 24
parole, post-release supervision, or probation shall be deemed to have left 25
work “voluntarily and without good cause connected with the work”. 26
27
SECTION 57. Arkansas Code § 12 -1-102 is amended to read as follows: 28
12-1-102. Records to be posted on a public website. 29
(a) Relevant research studies and reports concerning the following 30
topics that are generated by the research divisions of the Division of 31
Correction, the Division of Community Correction, and the Parole Post-Prison 32
Transfer Board or by third-party contractors on behalf of the Division of 33
Correction, the Division of Community Correction, and the board, when 34
applicable, shall be posted on the Division of Correction’s, the Division of 35
Community Correction’s, or the board's website: 36 As Engrossed: S3/30/23 H4/5/23 SB495
49 04-05-2023 16:03:12 JLC013
(1) Population projections; 1
(2) Recidivism; and 2
(3) Evaluation of the cost -benefit of evidence-based practices 3
of: 4
(A) Adult prisons; 5
(B) Community corrections facilities; 6
(C) Probation; and 7
(D) Parole; and 8
(E) Post-release supervision. 9
(b) Data posted on the board's, the Division of Correction’s, or the 10
Division of Community Correction’s websites under this section may be removed 11
from the board's, the Division of Correction’s, or the Divis ion of Community 12
Correction’s websites after five (5) years. 13
14
SECTION 58. Arkansas Code Title 12, Chapter 1, Subchapter 1, is 15
amended to add an additional section to read as follows: 16
12-1-104. Bail reporting system. 17
(a)(1) The Arkansas Crime Informat ion Center shall administer a public 18
portal for entry by a court of the information required to be reported under 19
§ 16-84-118. 20
(2) To facilitate the administration of the portal required 21
under subdivision (a)(1) of this section, the Arkansas Crime Infor mation 22
Center may seek the assistance of the Division of Information Systems of the 23
Department of Transformation and Shared Services or enter into a contract for 24
technical database and data processing services. 25
(b) The public portal administered under su bsection (a) of this 26
section shall provide the following information concerning a defendant or 27
arrestee: 28
(1) The defendant or arrestee’s name and alias, if available; 29
(2) The date of each arrest of the defendant or arrestee along 30
with the following d etails: 31
(A) The county of arrest; 32
(B) Any corresponding case number, if available; 33
(C) The specific charges; 34
(D) Eligibility for bail and the amount of the initial 35
bail; 36 As Engrossed: S3/30/23 H4/5/23 SB495
50 04-05-2023 16:03:12 JLC013
(E) The name of the judge and court, including without 1
limitation judicial district and county, setting the initial bail; 2
(F) The date and amount of any bail modification; 3
(G) The name of the judge and court, including without 4
limitation judicial district and county, modifying the bail set; and 5
(H) The date of release on bond and type of bond posted; 6
and 7
(3) The date of each conviction of the defendant or arrestee and 8
corresponding case number. 9
(c) The information entered into the public portal administered under 10
this section shall be disseminated: 11
(1) In a manner that will allow the information to be organized 12
by: 13
(A) A defendant or arrestee; 14
(B) A judicial district; 15
(C) A county; and 16
(D) A judge and 17
(2) Upon request to the: 18
(A) Governor; 19
(B) Speaker of the House of Representatives; 20
(C) President Pro Tempore of the Senate; 21
(D) Arkansas Legislative Audit; and 22
(E) Attorney General. 23
24
SECTION 59. Arkansas Code § 12 -12-905(a)(2), concerning registration 25
requirements for sex offenders, is amended to read as f ollows: 26
(2) Is serving a sentence of incarceration, probation, parole, 27
post-release supervision, or other form of community supervision as a result 28
of an adjudication of guilt on or after August 1, 1997, for a sex offense, 29
aggravated sex offense, or sex ually violent offense; 30
31
SECTION 60. Arkansas Code § 12 -12-906(a)(1)(A)(i), concerning the duty 32
to register as a sex offender or verify registration as a sex offender and 33
the review of requirements with sex offenders, is amended to read as follows: 34
(a)(1)(A)(i) At the time of adjudication of guilt, the sentencing 35
court shall enter on the judgment and commitment or judgment and disposition 36 As Engrossed: S3/30/23 H4/5/23 SB495
51 04-05-2023 16:03:12 JLC013
form sentencing order that the offender is required to register as a sex 1
offender and shall indicate whether the : 2
(a) Offense is an aggravated sex offense; 3
(b) Sex offender has been adjudicated guilty 4
of a prior sex offense under a separate case number; or 5
(c) Sex offender has been classified as a 6
sexually dangerous person. 7
8
SECTION 61. Arkansas Code § 12-12-909(a)(3) and (4), concerning a 9
change of address of a registered sex offender, are amended to read as 10
follows: 11
(3) If the sex offender changes his or her address without 12
notice, notification shall be sent to law enforcement and supervising parole, 13
post-release supervision, or probation authorities, and notice may be posted 14
on the internet until proper reporting is again established or the sex 15
offender is incarcerated. 16
(4) Subdivision (a)(1) of this section applies to a sex offender 17
required to register as a sexually dangerous person, except that the sexually 18
dangerous person shall verify the registration in person every ninety (90) 19
days after the date of the initial release or commencement of parole or post-20
release supervision. 21
22
SECTION 62. Arkansas Code § 12 -12-913(c)(1)(B), concerning developing 23
guidelines and procedures for the release of information concerning sex 24
offenders, is amended to read as follows: 25
(B) In developing the guidelines and procedures, the Sex 26
Offender Assessment Committee shall consult with persons who, by experience 27
or training, have a personal interest or professional expertise in law 28
enforcement, crime prevention, victim advocacy, criminology, psychology, 29
parole, post-release supervision, public education, an d community relations. 30
31
SECTION 63. Arkansas Code § 12 -12-913(j)(1)(A)(viii), concerning 32
information to be made public concerning a Level 3 or Level 4 sex offender, 33
is amended to read as follows: 34
(viii) The sex offender's parole , post-release 35
supervision, or probation office; 36 As Engrossed: S3/30/23 H4/5/23 SB495
52 04-05-2023 16:03:12 JLC013
1
SECTION 64. Arkansas Code § 12 -12-917(b)(2)(A)(ii)(b)(2)(D), 2
concerning the relevant records to be forwarded to Community Notification 3
Assessment regarding an adult sex offender convicted of an offense described 4
in 42 U.S.C. § 14071 et seq., is amended to read as follows: 5
(D) Judgment and disposition forms 6
Sentencing orders; 7
8
SECTION 65. Arkansas Code § 12 -12-917(b)(4)(A)(ii), concerning 9
notification that will be provided when a sex offender disrupts a sex 10
offender assessment, is amended to read as follows: 11
(ii) The parole or probation community supervision 12
officer, if applicable, shall be notified. 13
14
SECTION 66. Arkansas Code § 12 -12-917(f)(2), concerning evaluation of 15
a sex offender, is amended to read as follows: 16
(2) The committee shall provide the Parole Post-Prison Transfer 17
Board with copies of the offender fact sheet on inmates of the Division of 18
Correction. 19
20
SECTION 67. Arkansas Code § 12 -12-917(h)(2)(A), concerning evaluation 21
of a sex offender, is amended to read as follows: 22
(2)(A) A local law enforcement agency having jurisdiction, the 23
Division of Community Correction, or the Parole Post-Prison Transfer Board 24
may request the committee to reassess a sex offender's assigned risk level at 25
any time. 26
27
SECTION 68. Arkansas Code § 12 -12-917(h)(2)(B), concerning evaluation 28
of a sex offender, is amended to read as follows: 29
(B) In the request for reassessment, the local law 30
enforcement agency having jurisdiction, the Division of Community Correc tion, 31
or the Parole Post-Prison Transfer Board shall list the facts and 32
circumstances that prompted the requested reassessment. 33
34
SECTION 69. Arkansas Code § 12 -12-918(d), concerning classification of 35
a person as a sexually dangerous person, is amended to read as follows: 36 As Engrossed: S3/30/23 H4/5/23 SB495
53 04-05-2023 16:03:12 JLC013
(d)(1) The judgment and commitment sentencing order should state 1
whether the offense qualifies as an aggravated sex offense. 2
(2) Should the aggravated sex offense box not be checked on the 3
commitment sentencing order, the court will be contacted by the committee and 4
asked to furnish a written determination as to whether the offense qualifies 5
as an aggravated sex offense. 6
7
SECTION 70. Arkansas Code § 12 -12-919(b)(2)(A), concerning 8
termination of the obligation to register as a sex offender, is amended to 9
read as follows: 10
(A) The applicant, for a period of fifteen (15) years 11
after the applicant was released from prison or other institution or placed 12
on parole, post-release supervision, supervised release, or probation has not 13
been adjudicated guilty of a sex offense; and 14
15
SECTION 71. Arkansas Code § 12 -12-1003(c), concerning the collection 16
and maintenance of criminal history information, is amended to read as 17
follows: 18
(c) The reporting requirements of thi s subchapter apply to prosecuting 19
attorneys, judges, and law enforcement, court, probation, correction, and 20
parole, and post-release supervision officials within the limits defined in 21
§§ 12-12-1006 and 12-12-1007. 22
23
SECTION 72. Arkansas Code § 12-12-1109(e)(1), concerning the 24
collection of a deoxyribonucleic acid sample upon conviction of certain 25
offenses, is amended to read as follows: 26
(e)(1) The requirements of this subchapter are mandatory and apply 27
regardless of whether or not a court advi ses a person that a DNA sample must 28
be provided to the State DNA Data Base and State DNA Data Bank as a condition 29
of probation, or parole, or post-release supervision. 30
31
SECTION 73. Arkansas Code § 12 -12-1110(e)(1), concerning procedures 32
for the collection of a deoxyribonucleic acid sample upon conviction of 33
certain offenses, is amended to read as follows: 34
(e)(1) Any person who refuses to provide a DNA sample required by this 35
subchapter will receive no further sentence reduction for meritorious good 36 As Engrossed: S3/30/23 H4/5/23 SB495
54 04-05-2023 16:03:12 JLC013
time or earned release credits until such time as a sample is provided, and 1
the Division of Correction shall notify the Parole Post-Prison Transfer Board 2
regarding the refusal. 3
4
SECTION 74. Arkansas Code § 12 -12-1506(a)(2), concerning the 5
dissemination of records of felony arrest and conviction, is amended to read 6
as follows: 7
(2) Any criminal history information of felony arrest records 8
and all conviction information that pertains to a person currently being 9
processed by the criminal justice system, includ ing during the entire period 10
of correctional supervision extending through final discharge from parole or 11
post-release supervision, may be disseminated without restriction. 12
13
SECTION 75. Arkansas Code § 12 -27-103(b)(15), concerning the creation 14
and powers of the Division of Correction, is amended to read as follows: 15
(15) The Division of Correction shall cooperate with the 16
Division of Community Correction, the Parole Post-Prison Transfer Board, the 17
Arkansas Sentencing Commission, judicial districts, muni cipalities, and 18
counties in this state in providing guidance and services required to ensure 19
a full range of correctional options for the state as a whole; 20
21
SECTION 76. Arkansas Code § 12 -27-104(a)(2), concerning members of the 22
Board of Corrections, is a mended to read as follows: 23
(2) The Chair of the Parole Post-Prison Transfer Board; and 24
25
SECTION 77. Arkansas Code § 12 -27-105(b)(17)(C), concerning the Board 26
of Corrections powers and duties, is amended to read as follows: 27
(C) The payment of such sanctions and fees may be a 28
condition of probation, parole, post-release supervision, post prison post-29
prison transfer, or attached to admission and participation in a community 30
correction program. 31
32
SECTION 78. Arkansas Code § 12 -27-107(a), concerning the Director of 33
the Division of Correction, is amended to read as follows: 34
(a) The Director of the Division of Correction , who shall be the 35
executive, administrative, budgetary, and fiscal officer of the Division of 36 As Engrossed: S3/30/23 H4/5/23 SB495
55 04-05-2023 16:03:12 JLC013
Correction, shall be appointed by the Board of Corrections in consultation 1
with the Secretary of the Department of Corrections at a salary fixed by the 2
Board of Corrections which shall not exceed the maximum salary for the 3
position established by law. 4
5
SECTION 79. Arkansas Code § 12 -27-107(c), concerning the Director of 6
the Division of Correction, is amended to read as follows: 7
(c) The director shall serve at the pleasure of the Board Secretary of 8
the Department of Corrections. 9
10
SECTION 80. Arkansas Code § 12 -27-107(d)(5), concerning the Director 11
of the Division of Correction, is amended to read as follows: 12
(5) Cooperate with the Division of Community Correction, the 13
Parole Post-Prison Transfer Board, the Arkansas Sentencing Commission, 14
judicial districts, counties, and municipalities t o provide the guidance and 15
services required to ensure a full range of correctional options for the 16
state as a whole; and 17
18
SECTION 81. Arkansas Code § 12 -27-113(b)(3), concerning the transfer 19
of inmates between the Division of Correction and Division of Community 20
Correction, is amended to read as follows: 21
(3) Inmates may be transferred between the Division of 22
Correction and the Division of Community Correction within the constraints of 23
law applicable to judicial or administrative transfer, subject to the 24
policies and rules established by the Board of Corre ctions and conditions set 25
by the Parole Post-Prison Transfer Board. 26
27
SECTION 82. Arkansas Code § 12 -27-117 is amended to read as follows: 28
12-27-117. Employees' uniforms. 29
As deemed appropriate by the Secretary of the Department of Corrections 30
and approved by the Board of Corrections, the Department of Corrections may 31
purchase identifying occupational uniforms for correctional personnel and 32
probation and parole community supervision personnel. 33
34
SECTION 83. Arkansas Code § 12 -27-124(a)(3), concerning th e purposes 35
and construction of the Division of Community Correction, is amended to read 36 As Engrossed: S3/30/23 H4/5/23 SB495
56 04-05-2023 16:03:12 JLC013
as follows: 1
(3) To accomplish the objectives and purposes of this act in an 2
effective, coordinated, and uniform manner, the division shall be responsible 3
for the administration of all community correction facilities, services, and 4
means of supervision, including probation and parole community supervision or 5
any type of post-prison release or transfer. 6
7
SECTION 84. Arkansas Code § 12 -27-125(b)(5)(A), concerning the p owers 8
and duties of the Division of Community Correction, is amended to read as 9
follows: 10
(5)(A) It may exercise all legally sanctioned supervision and 11
appropriate care over all offenders referred with proper documentation from 12
the circuit courts and all offenders transferred with proper documentation 13
from the Division of Correction pursuant to policies established by the Board 14
of Corrections and conditions set by the Parole Post-Prison Transfer Board. 15
16
SECTION 85. Arkansas Code § 12 -27-125(b)(7) and (8), concerning the 17
powers and duties of the Division of Community Correction, is amended to read 18
as follows: 19
(7) It shall administer the provision of parole services in 20
coordination with the Parole Post-Prison Transfer Board and in cooperation 21
with the Division of Correction; 22
(8) It shall provide support services to the Parole Post-Prison 23
Transfer Board or its designated representatives as determined by the Parole 24
Post-Prison Transfer Board; 25
26
SECTION 86. Arkansas Code § 12 -27-125(b)(17)(C), concernin g the powers 27
and duties of the Division of Community Correction and the payment of 28
sanctions and fees by offenders, is amended to read as follows: 29
(C) The payment of such sanctions and fees may be a 30
condition of probation, parole, post-release supervision, or post prison 31
post-prison transfer or attached to admission and participation in a 32
community correction program. 33
34
SECTION 87. Arkansas Code § 12 -27-125(b)(21), concerning the powers 35
and duties of the Division of Community Correction, is amended to read as 36 As Engrossed: S3/30/23 H4/5/23 SB495
57 04-05-2023 16:03:12 JLC013
follows: 1
(21) Subject to availability of funds, it shall employ officers, 2
employees, and agents and secure sufficient offices for monitoring each sex 3
offender on parole, post-release supervision, or probation who is required to 4
register under the Sex Offender Registration Act of 1997, § 12 -12-901 et 5
seq., and who has been assessed as a risk Level 3 or Level 4 offender; and 6
7
SECTION 88. Arkansas Code § 12 -27-126(a), concerning the Director of 8
the Division of Community Correction, is amended to read as follows: 9
(a) The Director of the Division of Community Correction shall be 10
appointed by the Board of Corrections in consultation with the Secretary of 11
the Department of Corrections at a salary fixed by the Board of Corrections, 12
which shall not exceed the maximum salary for the position established by 13
law. 14
15
SECTION 89. Arkansas Code § 12 -27-126(c), concerning the Director of 16
the Division of Community Correction, is amended to read as follows: 17
(c) The director shall serve at the pleasure of the Board Secretary of 18
the Department of Corrections. 19
20
SECTION 90. Arkansas Code § 12 -27-126(d)(5), concerning the Director 21
of the Division of Community Correction, is amended to read as follows: 22
(5) Cooperate with the Division of Correction, the Parole Post-23
Prison Transfer Board, the Arkansas Sentencing Commission, judicial 24
districts, counties, and municipalities to provide the guidance and services 25
required to ensure a full range of correctional and community correction 26
options for the state as a whole. 27
28
SECTION 91. Arkansas Code § 12 -27-127 is amended to read as follows: 29
12-27-127. Transfer to the Division of Community Correction — Transfer 30
of an inmate between divisions. 31
(a)(1) A commitment shall be treated as a commitment to the Division 32
of Correction and subject to regular transfer eligibility. 33
(2) However, an inmate may be judicially or administratively 34
transferred to the Division of Community Correction by the Division of 35
Correction unless the court indicates on the sentencing order that the 36 As Engrossed: S3/30/23 H4/5/23 SB495
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Division of Correction shall not administratively transfer a statutorily 1
eligible inmate to the Division of Community Correction in accordance with 2
the rules promulgated by the Board of C orrections. 3
(b)(1) In accordance with rules and procedures promulgated by the 4
Board of Corrections and the orders of the committing court, the Director of 5
the Division of Community Correction shall assign a newly transferred inmate 6
to an appropriate faci lity, placement, program, or status within the Division 7
of Community Correction. 8
(2) The director may transfer an inmate from one facility, 9
placement, program, or status to another facility, placement, program, or 10
status consistent with the commitment, applicable law, and in accordance with 11
treatment, training, and security needs. 12
(3)(A) An inmate may be administratively transferred back to the 13
Division of Correction from the Division of Community Correction by the 14
Parole Board Post-Prison Transfer Board following a hearing in which the 15
inmate is found ineligible for placement in a Division of Community 16
Correction facility as he or she fails to meet the criteria or standards 17
established by law or policy adopted by the Board of Corrections or has been 18
found guilty of a violation of the rules of the facility. 19
(B) Time served in a community correction facility or 20
under supervision by the Division of Community Correction shall be credited 21
against the sentence contained in the commitment to the Division of 22
Correction. 23
(c)(1) In accordance with rules and procedures promulgated by the 24
Board of Corrections, or except as otherwise prohibited by subdivision (c)(4) 25
of this section, upon receipt of a referral from the director or his or her 26
designee, the Parole Board Post-Prison Transfer Board may release from 27
confinement an inmate who has been: 28
(A) Sentenced and judicially or administratively 29
transferred to the Division of Community Correction; 30
(B) Incarcerated for a minimum of : 31
(i) one One hundred eighty (180) days for a sentence 32
of four (4) years or less ; and or 33
(ii) Two hundred seventy (270) days for a sentence 34
of more than four (4) years but less than six (6) years; and 35
(C) Determined by the Division of Community Correction to 36 As Engrossed: S3/30/23 H4/5/23 SB495
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have successfully completed its therapeutic program. 1
(2)(A) The General Assembly finds that the power granted to the 2
Parole Board Post-Prison Transfer Board under subdivision (c)(1) of this 3
section will: 4
(i) Aid the therapeutic rehabilitation of the 5
inmates judicially or administratively transferred to the Division of 6
Community Correction; and 7
(ii) More efficiently use the correctional resources 8
of the State of Arkansas. 9
(B) The power granted to the Parole Board Post-Prison 10
Transfer Board under subdivision (c)(1) of this section shall be the sole 11
authority required for the accomplishment of the purposes set forth in this 12
subdivision (c)(2), and when the Parole Post-Prison Transfer Board exercises 13
its power under this section, it shall not be nece ssary for the Parole Post-14
Prison Transfer Board to comply with general provisions of other laws dealing 15
with the minimum time constraints as applied to release eligibility. 16
(3) This subsection does not grant the Parole Post-Prison 17
Transfer Board or the Division of Community Correction the authority either 18
to detain an inmate beyond the sentence imposed upon him or her by a 19
transferring court or to shorten that sentence. 20
(4) An inmate may not be released from confinement under this 21
section if the inmat e was sentenced and judicially or administratively 22
transferred to the Division of Community Correction at a time earlier than 23
that which would otherwise be possible if the inmate was sentenced to the 24
Division of Correction, regardless of any program comple ted by the inmate. 25
(d)(1) An inmate of the Division of Correction who is to be released 26
on parole transferred to post-release supervision may be administratively 27
transferred to the Division of Community Correction when the inmate is within 28
eighteen (18) months of his or her projected release date for the purpose of 29
participating in a reentry program of at least six (6) months in length. 30
(2) Each inmate administratively transferred under this 31
subsection shall be thoroughly screened and approved for part icipation by the 32
director or his or her designee. 33
(3) In accordance with rules promulgated by the Board of 34
Corrections, upon receipt of a referral from the director or his or her 35
designee, the Parole Post-Prison Transfer Board may release from 36 As Engrossed: S3/30/23 H4/5/23 SB495
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incarceration an inmate who has been: 1
(A) Administratively transferred to the Division of 2
Community Correction; and 3
(B) Determined by the Division of Community Correction to 4
have successfully completed its reentry program. 5
(4) An inmate who has been administratively transferred under 6
this subsection shall be administratively transferred back to the Division of 7
Correction if he or she: 8
(A) Is denied parole or transfer to post-release 9
supervision; or 10
(B) Fails to complete or is removed from the reentry 11
program. 12
13
SECTION 92. Arkansas Code § 12 -27-129(b)(2), concerning the report on 14
rehabilitation of the inmate population, is amended to read as follows: 15
(2) Further, the report is to include the amount of meritorious 16
good time or earned release credits awarded inmates by the division for the 17
successful completion of the various rehabilitative programs. 18
19
SECTION 93. Arkansas Code § 12 -27-136, is amended to read as follows: 20
12-27-136. Services and equipment. 21
The Division of Correction and the Division of Community Correction may 22
provide services, furnishings, equipment, and office space to assist the 23
Parole Post-Prison Transfer Board in fulfilling the purposes for which the 24
board was created by law. 25
26
SECTION 94. Arkansas Code § 12 -27-145(a)(2)(B), concerning records of 27
the Division of Community Correction to be posted on a public website, is 28
amended to read as follows: 29
(B) Additionally, the list and the date of major 30
disciplinary violations for which the inmate was found guilty shall b e 31
displayed during the period the inmate is being considered for transfer to 32
parole or post-release supervision; 33
34
SECTION 95. Arkansas Code § 12 -27-145(a)(10), concerning records of 35
the Division of Community Correction to be posted on a public website, i s 36 As Engrossed: S3/30/23 H4/5/23 SB495
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amended to read as follows: 1
(10) An inmate's parole eligibility date , post-release 2
supervision date, or date he or she is to be released from incarceration as 3
well as a general explanation of how an inmate's parole release eligibility 4
date is calculated, including good time credits. 5
6
SECTION 96. Arkansas Code § 12 -27-145(b)(1)(I), concerning records of 7
the Division of Community Correction to be posted on a public website, is 8
amended to read as follows: 9
(I) A list of previous revocation offenses w hile on 10
probation or parole community supervision and date of revocation. 11
12
SECTION 97. Arkansas Code § 12 -27-147 is amended to read as follows: 13
12-27-147. Rulemaking and administrative directive reporting 14
requirement. 15
(a) A rule implemented by the Bo ard of Corrections, Division of 16
Correction, Division of Community Correction, or the Parole Post-Prison 17
Transfer Board pertaining to this act shall be approved by the appropriate 18
legislative committee before becoming effective. 19
(b) Any administrative dir ective or board policy pertaining to this 20
act implemented by the Board of Corrections, the Division of Correction, the 21
Division of Community Correction, or the Parole Post-Prison Transfer Board 22
shall be reported to the Legislative Council. 23
24
SECTION 98. Arkansas Code § 12-27-149 is amended to read as follows: 25
12-27-149. Division of Community Correction — Sufficient staffing 26
guidelines. 27
For the purposes of maintaining a sufficiently trained and specialized 28
staff of probation and parole community supervision officers, the Division of 29
Community Correction shall establish staffing guidelines using evidence -based 30
practices to develop ratios between the number of high -risk, medium-risk, and 31
low-risk probationers, and parolees, and offenders on post -release 32
supervision and the probation officers and parole officers community 33
supervision officers assigned to the high -risk, medium-risk, and low-risk 34
probationers, and parolees, and offenders on post -release supervision in 35
order to maximize the effectiveness of the monitoring ability of the 36 As Engrossed: S3/30/23 H4/5/23 SB495
62 04-05-2023 16:03:12 JLC013
probation officers and parole community supervision officers. 1
2
SECTION 99. Arkansas Code § 12 -27-204(a), concerning pay -for-success 3
programs under the Division of Community Correction, is amended to read as 4
follows: 5
(a) The Division of Community Correction may enter into an agreement 6
with entities, including without limitation licensed or accredited, as 7
applicable, community -based providers specializing in behavioral health, case 8
management, and job placement service s, and two-year or four-year public 9
universities to create a pay -for-success program for incarcerated individuals 10
or individuals on parole or probation community supervision that requires the 11
division to pay for the intervention services only if the perfor mance targets 12
stated in the agreement are achieved. 13
14
SECTION 100. Arkansas Code § 12 -28-103 is repealed. 15
12-28-103. Cost impact statements. 16
(a) Each of the following bills introduced in the General Assembly 17
shall have a cost impact statement attached to the bill prior to the 18
committee to which the bill is referred taking action in regard to the bill: 19
(1) Bills that affect inmate population patterns at facilities 20
of the Department of Correction by imposing restrictions on inmate release or 21
by increased intake into the department of inmates based on felony 22
convictions; and 23
(2) Bills that affect programs or services of the department. 24
(b) In addition, copies of the cost impact statement shall be 25
furnished on the desk of each member of the Se nate and of the House of 26
Representatives at least one (1) day prior to the date on which the bill is 27
on third reading and debated for final passage in the respective houses. 28
(c) Cost impact statements required under this section shall be 29
prepared, upon referral thereof by the Speaker of the House of 30
Representatives, with respect to House of Representatives bills, and by the 31
President of the Senate upon recommendation of the Senate Committee on Rules, 32
Resolutions and Memorials, with respect to Senate bills , at the time of 33
introduction thereof, to: 34
(1) The Director of the Department of Correction who shall 35
either personally prepare or cause appropriate officials of the department to 36 As Engrossed: S3/30/23 H4/5/23 SB495
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prepare, a cost impact statement to be approved by the director before 1
submission to the house in which the request was made; or 2
(2) Any other state agency that has information available upon 3
which to base a cost impact statement. 4
(d) The cost impact statement shall be furnished to the Governor and 5
to the President of the Senate and the Speaker of the House of 6
Representatives who shall cause copies thereof to be prepared for 7
distribution upon the desks of the members of the House of Representatives 8
and Senate at least twenty -four (24) hours prior to consideration of any suc h 9
bill by committee or twenty -four (24) hours prior to the bill's being called 10
up for third reading and final passage. 11
(e) The cost impact statement shall be certified by the director or 12
the director of the appropriate agency to which the bill is referre d for 13
preparation of an impact statement, and shall be returned and filed as 14
required in this section within not more than five (5) days from the date of 15
receipt thereof unless additional time in which to prepare the statement is 16
granted by the requesting official. 17
18
SECTION 101. Arkansas Code § 12 -28-104 is amended to read as follows: 19
12-28-104. Paroling Tranferring authority — Pardon recommendations . 20
(a) The Parole Post-Prison Transfer Board shall be the paroling 21
transferring authority for parole and post-release supervision for the units 22
of the Department of Corrections and shall make recommendations to the 23
Governor in cases from the criminal courts that, in the board's opinion, the 24
defendant in the case should be pardoned. 25
(b) The board shall consider the work skills, education, 26
rehabilitation, and treatment programs recommended to the inmate upon intake 27
and determine whether the inmate took advantage of those opportunities while 28
incarcerated in the department in making dec isions regarding parole or 29
transfer to post-release supervision. 30
31
SECTION 102. Arkansas Code § 12 -28-107(b)(3), concerning training for 32
inmates, is amended to read as follows: 33
(3) Programs under this section shall may include without 34
limitation training in the following fields: 35
(A) Professional careers and vocations; 36 As Engrossed: S3/30/23 H4/5/23 SB495
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(B) Service careers and vocations; 1
(C) Information and computer technology; 2
(D) Medical technology; and 3
(E) Office administration. 4
5
SECTION 103. Arkansas Code § 12 -28-604, concerning inmates who shall 6
not be early released in the event of prison overcrowding, is amended to add 7
an additional subsection to read as follows: 8
(c) The following are not eligible for early release under this 9
section: 10
(1) An inmate serving a term of imprisonment for a felony 11
ineligible to receive earned release credits as defined in § 16 -93-1802; and 12
(2) An inmate serving a term of imprisonment for a restricted -13
release felony, as defined in § 16 -93-1802, who has not yet served the 14
minimum period of time required by law. 15
16
SECTION 104. Arkansas Code § 12 -29-112(a) and (b), concerning 17
discharge or release of an inmate, are amended to read as follows: 18
(a) At least one hundred twenty (120) days befor e an inmate's 19
anticipated release date, the Division of Correction, in collaboration with 20
the inmate and the Division of Community Correction and the Parole Post-21
Prison Transfer Board, shall complete a prerelease assessment and reentry 22
plan, which may incl ude a travel subsidy and transportation to the closest 23
commercial transportation pick -up point. 24
(b) A copy of the reentry plan under this section shall be provided to 25
the inmate and the assigned parole community supervision officer, if 26
applicable. 27
28
SECTION 105. Arkansas Code § 12 -29-112, concerning discharge or 29
release of an inmate, is amended to additional subsections to read as 30
follows: 31
(d) Except as provided in subsection (e) of this section, the Division 32
of Correction shall provide the following d ocumentation to an inmate upon 33
release: 34
(1) A copy of the training record of the inmate, if applicable; 35
(2) A copy of the institutional work record of the inmate, if 36 As Engrossed: S3/30/23 H4/5/23 SB495
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applicable; 1
(3) A certified copy of the birth certificate of the inmate, if 2
the inmate was born in Arkansas; 3
(4) A social security card or a replacement Social S 4
ecurity card, if obtainable; and 5
(5) Notification to the inmate if he or she is eligible to apply 6
for a license from a state entity charged with oversight of an occup ational 7
license or certification, based on the inmate’s criminal history, 8
institutional training record, and institutional work record. 9
(e) The Division of Correction is not required to provide the 10
documentation in subsection (d) of this section if: 11
(1) The inmate is sixty -five (65) years of age or older; 12
(2) The inmate is subject to early release due to permanent 13
incapacitation or terminal illness; 14
(3) The inmate is being released to the custody of another 15
jurisdiction on a warrant or detainer; or 16
(4) The inmate was in the custody of the Division of Correction 17
for less than nine (9) months. 18
19
SECTION 106. Arkansas Code § 12 -29-117 is amended to read as follows: 20
12-29-117. Educational, training, and rehabilitative programs. 21
(a) An inmate who was convicted and sentenced as an adult for an 22
offense he or she committed before he or she attained eighteen (18) years of 23
age shall not be prevented from participating in an educational, training, or 24
rehabilitative program that is otherwi se available to other inmates in the 25
general population of the correctional facility in which he or she is housed. 26
(b)(1) The Department of Corrections shall regularly assess the impact 27
and efficacy of educational, training, and rehabilitative programs a vailable 28
to inmates of correctional facilities owned or operated by the department. 29
(2) The assessment required under subdivision (b)(1) of this 30
section shall be conducted by an employee or contractor of the department who 31
has doctoral-level education and experience in evaluating the efficacy of 32
educational, training, and rehabilitative programs. 33
(3) The results of the assessments required under subdivision 34
(b)(1) of this section shall be incorporated into the report on the state of 35
the department required under § 25-43-403(d). 36 As Engrossed: S3/30/23 H4/5/23 SB495
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(c) The Secretary of the Department of Corrections shall: 1
(1) Coordinate with the Chief Workforce Officer to ensure that 2
workforce training provided to inmates allows for future employment in fields 3
with adequate demand; an d 4
(2) Coordinate with community -based providers to ensure that 5
inmates are being provided appropriate training and programming in 6
preparation for reintegration into the workforce. 7
8
SECTION 107. Arkansas Code Title 12, Chapter 29, Subchapter 2, is 9
amended to add an additional section to read as follows: 10
12-29-206. Applicability. 11
This subchapter applies to offenses committed before January 1, 2025. 12
13
SECTION 108. Arkansas Code § 12 -29-404(b), concerning medical parole 14
of an inmate due to terminal illness or permanent incapacitation, is amended 15
to read as follows: 16
(b) The Director of the Division of Correction or the Director of the 17
Division of Community Correction shall communicate to the Parole Post-Prison 18
Transfer Board when, in the independen t opinions of either a Division of 19
Correction physician or Division of Community Correction physician, and a 20
consultant physician in Arkansas, an inmate is either terminally ill or 21
permanently incapacitated and should be considered for transfer to parole 22
supervision or post-release supervision. 23
24
SECTION 109. Arkansas Code § 12 -29-404(c)(1) and (2), concerning 25
medical parole of an inmate due to terminal illness or permanent 26
incapacitation, are amended to read as follows: 27
(c)(1) Upon receipt of a communic ation described in subsection (b) of 28
this section, the board shall assemble or request all such information as is 29
germane to determine whether the inmate is eligible under this section for 30
immediate transfer to parole or post-release supervision. 31
(2) If the facts warrant and the board is satisfied that the 32
inmate's physical condition makes the inmate no longer a threat to public 33
safety, the board may approve the inmate for immediate transfer to parole or 34
post-release supervision. 35
36 As Engrossed: S3/30/23 H4/5/23 SB495
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SECTION 110. The intr oductory language of Arkansas Code § 12 -29-1
404(d), concerning medical parole of an inmate due to terminal illness or 2
permanent incapacitation, is amended to read as follows: 3
(d) An inmate is not eligible for parole or transfer to post-release 4
supervision under this section if he or she is required to register as a sex 5
offender under the Sex Offender Registration Act of 1997, § 12 -12-901 et 6
seq., and: 7
8
SECTION 111. Arkansas Code § 12 -29-404(e), concerning medical parole 9
of an inmate due to terminal illne ss or permanent incapacitation, is amended 10
to read as follows: 11
(e) The board may revoke a person's parole or post-release supervision 12
granted under this section if the person's medical condition improves to the 13
point that he or she would initially not ha ve been eligible for parole or 14
post-release supervision under this section. 15
16
SECTION 112. Arkansas Code Title 12, Chapter 29, is amended to add 17
additional subchapters to read as follows: 18
Subchapter 7 — Earned Release Credits for Offenses Committed 19
on or after January 1, 2025 20
21
12-29-701. Applicability. 22
This subchapter applies to a felony offense committed on or after 23
January 1, 2025. 24
25
12-29-702. Earned release credits. 26
(a) Subject to rules promulgated by the Board of Corrections, an 27
inmate eligible to accrue earned release credits may accrue earned release 28
credits against the time spent in confinement pursuant to a sentence to the 29
Division of Correction by the sentencing court. 30
(b)(1) The Board of Corrections shall promulgate rules and the 31
Division of Correction shall administer rules that set guidelines for accrual 32
of earned release credits for work practices, job responsibilities, good 33
behavior, and involvement in rehabilitative activities while in the custody 34
of the Division of Correction. 35
(2) The rules shall provide for uniform application of 36 As Engrossed: S3/30/23 H4/5/23 SB495
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authorizing release to post -release supervision for an inmate who 1
successfully completes programs determined to reduce recidivism and has met 2
behavioral expectations while incarcerated. 3
(c)(1) Earned release credits shall not be applied to reduce the 4
length of a sentence but may reduce the length of time an inmate spends in 5
confinement, upon approval of the Post -Prison Transfer Board. 6
(2) Earned release credits may reduce the time of confinement 7
only if awarded by the Post -Prison Transfer Board. 8
(3) Earned release credits shall not reduce an inmate's time 9
served in prison by more than the maximum amount authorized under §§ 16 -93-10
1803 and 16-93-1804. 11
(d)(1) An inmate under sentence of death or life imprisonment without 12
parole is not eligible to accrue earned release credits but may be pardoned 13
or have his or her sentence commuted by the Governor, as provided by law. 14
(2) Except as provided by subdivision (d)(3) of this section, an 15
inmate sentenced to life imprisonment may accrue earned release credits if 16
otherwise eligible but shall not be awarded earned release credits by the 17
Post-Prison Transfer Board unless the sentence is commuted to a term of years 18
by executive clemency. 19
(3) An inmate serving a term of imprisonment for a felony 20
ineligible to receive earned release credits as defined in § 16 -93-1802 shall 21
not be eligible to accrue earned release credits but may be pardoned or have 22
his or her sentences commuted by the Governor, as prov ided by law. 23
24
12-29-703. Classification committee — Classifications. 25
(a)(1)(A) The Board of Corrections shall establish an earned release 26
credit classification committee. 27
(B) Members of the committee shall be selected by wardens 28
or supervisors of the various units, facilities, or centers of the Division 29
of Correction and Division of Community Correction according to rules adopted 30
by the board governing the selection of members. 31
(2) The committee shall meet as often as necessary to determine 32
rates at which inmates may accrue earned release credits for good behavior, 33
job responsibilities, and involvement in rehabilitative activities. 34
(b)(1) Upon recommendation of the committee, the Director of the 35
Division of Correction may authorize accrual of earned release credits for 36 As Engrossed: S3/30/23 H4/5/23 SB495
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each successful completion of a: 1
(A) State-sponsored general education development 2
certificate program; 3
(B) Vocational program for which certification is awarded; 4
(C) Drug or alcohol treatment program offered at a 5
Division of Correction facility; or 6
(D) Pre-release and other rehabilitative programs or 7
assignments as approved by the Board of Corrections. 8
(2)(A) The additional days of earned release credits described 9
in subdivision (b)(1) of this section shall be accrued as provided in the 10
rules promulgated by the board. 11
(B) The board may add, amend, change, or alter the rules 12
adopted under this section in accordance with the Arkansas Administrative 13
Procedure Act, § 25-15-201 et seq. 14
(c) Earned release credit s shall not be used to reduce the period of 15
incarceration for an otherwise ineligible inmate. 16
(d) A jury shall be instructed pursuant to § 16 -97-103 regarding the 17
awarding of earned release credits under this section. 18
19
12-29-704. Maximum reduction. 20
An inmate sentenced to the Division of Correction shall not receive a 21
reduction in his or her required service time under this subchapter, or this 22
subchapter and another law jointly, if the reduction in his or her required 23
service time exceeds the amount aut horized for the offense in § 16 -93-1801 et 24
seq. 25
26
Subchapter 8 — Special Considerations for Female Inmates 27
and Inmates with Families 28
29
12-29-801. Mother-newborn child bonding for inmates. 30
(a) The Department of Corrections shall coordinate with healthcare 31
providers, community -based providers, or both, to develop a custody and care 32
plan that allows an inmate who has given birth to remain with her newborn 33
child during the period authorized by this section. 34
(b) Following the delivery of a newborn child by an inmate, the 35
department shall permit the inmate to remain with her newborn child for at 36 As Engrossed: S3/30/23 H4/5/23 SB495
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least seventy-two (72) hours unless: 1
(1) A medical or behavioral health provider has a reasonable 2
belief that remaining with the inmate poses a health or safety r isk to the 3
newborn child; or 4
(2) Allowing the inmate to remain with her newborn child poses a 5
substantial flight risk or substantial risk of physical injury to another 6
person. 7
(c)(1) The bonding period required under this section is subject to 8
availability of adequate housing in hospitals or community -based housing. 9
(2) A correctional facility is not required to house a newborn 10
child with the inmate at the correctional facility. 11
12
12-29-802. Family considerations in inmate placement and visitati on. 13
(a)(1) To the greatest extent possible, after accounting for security 14
and capacity factors, the Department of Corrections shall place an inmate who 15
is a parent of one (1) or more minor children within two hundred fifty (250) 16
miles of the inmate's per manent address of record. 17
(2) An inmate's parentage of a minor child shall be evidenced by 18
birth certificate or court order. 19
(b) The Secretary of the Department of Corrections shall adopt rules 20
authorizing the visitation of an inmate who is a parent of one (1) or more 21
minor children and who has a low or minimum -security classification with his 22
or her minor children under the following minimum requirements: 23
(1) Ensure opportunities for the minor children to attend in -24
person visitation with their inc arcerated parent at least one (1) time per 25
week unless the department has a reasonable belief that the visitation poses 26
a risk to the safety of the minor child or the security and good order of the 27
facility; 28
(2) Eliminate any restrictions on the number of minor children 29
that are permitted visitation privileges with an inmate; 30
(3) Authorize contact visits for an inmate who is a parent of 31
one (1) or more minor children unless the department has a reasonable belief 32
that contact visitation poses a risk to the safety of the minor child or the 33
security and good order of the facility; 34
(4) Eliminate any restrictions on the number of days on which an 35
inmate may conduct video visitation with a minor child unless restrictions 36 As Engrossed: S3/30/23 H4/5/23 SB495
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are necessary to maintain the secu rity and good order of the facility; and 1
(5) Require restrictions on an inmate’s visitation with his or 2
her minor children as a disciplinary measure to be subject to a higher level 3
of review than restrictions on visitation with other individuals. 4
5
12-29-803. Inspections by employees of the Department of Corrections. 6
(a) To the greatest extent practicable and consistent with safety and 7
order of the correctional facility, the Secretary of the Department of 8
Corrections shall adopt rules that limit inspe ctions by male correctional 9
officers where a female inmate is in a state of undress. 10
(b) This section does not limit the ability of a male correctional 11
officer to conduct inspections of the area where a female may be in a state 12
of undress if a female co rrectional officer is not available. 13
(c)(1) If a male correctional officer conducts an inspection of an 14
area where a female inmate is in a state of undress, the male correctional 15
officer shall submit a written report within seventy -two (72) hours following 16
the inspection containing a justification for the male correctional officer 17
to inspect the area where the female inmate was located in a state of 18
undress. 19
(2) The report required under subdivision (c)(1) of this section 20
shall be maintained in the female inmate's record. 21
22
12-29-804. Training and technical assistance. 23
(a) The Department of Corrections shall develop and provide to all 24
department employees responsible for the care or custody of pregnant inmates 25
training related to the physical and mental health of pregnant inmates and 26
unborn children, including without limitation the: 27
(1) General care of pregnant women; 28
(2) Impact of restraints on pregnant inmates and unborn 29
children; 30
(3) Impact of being placed in restrictive housing o n pregnant 31
inmates; and 32
(4) Impact of invasive searches on pregnant inmates. 33
(b) The department shall develop and provide educational programming 34
for pregnant inmates related to: 35
(1) Prenatal care; 36 As Engrossed: S3/30/23 H4/5/23 SB495
72 04-05-2023 16:03:12 JLC013
(2) Pregnancy-specific hygiene; 1
(3) Parenting skills; 2
(4) The impact of alcohol and drugs on an unborn child; and 3
(5) The general health of children. 4
5
SECTION 113. Arkansas Code § 14 -14-115(b)(1)(B), concerning the 6
prohibition on holding multiple civil offices, is amended to read as follow s: 7
(B) Member of the Parole Post-Prison Transfer Board; 8
9
SECTION 114. Arkansas Code § 12 -32-101(5), concerning the definitions 10
used in relation to the treatment of female inmates or detainees in 11
correctional facilities, is amended to read as follows: 12
(5) “Post-partum” means, as determined by the physician of the 13
inmate or detainee, the thirty-day eight-week period following delivery of a 14
child, unless a longer period is determined to be necessary by the healthcare 15
professional responsible for the health and safety of the inmate or detainee ; 16
and 17
18
SECTION 115. Arkansas Code § 12 -32-102(d), concerning restraint of a 19
pregnant inmate or detainee, is amended to read as follows: 20
(d) If restraints are used during labor, the Division of Correction or 21
the Division of Community Correction, as applicable, shall report the use of 22
restraints during labor to the Board of Corrections , the Secretary of the 23
Department of Corrections, and to the Attorney General. 24
25
SECTION 116. Arkansas Code § 14 -164-340(b), concerning criminal 26
justice projects that are alternatives to the issuance of bonds, is amended 27
to read as follows: 28
(b) Under this section, the term “capital improvements for criminal 29
justice purposes” means, whether obtained by purchase, lease, construction , 30
reconstruction, restoration, improvement, alteration, repair, or other means, 31
any physical public facility, betterment, or improvement with the purpose of 32
furthering or promoting law enforcement or the apprehension, prosecution, 33
probation, rehabilitation , or detention of any criminals, accused defendants, 34
suspects, or juvenile detainees, and any preliminary plans, studies, or 35
surveys relative thereto; land or rights in land, including, without 36 As Engrossed: S3/30/23 H4/5/23 SB495
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limitations, leases, air rights, easements, rights -of-way, or licenses; and 1
any furnishings, machinery, vehicles, apparatus, or equipment for any such 2
public facility or betterment or improvement, which shall include, but is not 3
limited to, the following: any and all facilities for city or town halls, 4
courthouses and other administrative, executive, or other public offices for 5
law enforcement officials or agencies; court facilities; jails; police 6
stations and sheriffs' offices; police precincts or sheriffs' stations or 7
substations; law enforcement training facilities; probation or parole 8
community supervision offices and facilities; alternative learning centers; 9
county and municipal criminal detention and correctional facilities; and 10
juvenile detention facilities. 11
12
SECTION 117. Arkansas Code § 16 -1-101(a), concerning recidivism 13
definition and reporting, is amended to read as follows: 14
(a) As used in this title, “recidivism” means a criminal act that 15
results in the rearrest, reconviction, or return to incarceration of a person 16
with or without a new sentence or a revocation from parole or post -release 17
supervision during a three-year period following the person's release from 18
custody. 19
20
SECTION 118. Arkansas Code Title 16, Chapter 10, Subchapter 1, is 21
amended to add additional sections to read as follows: 22
16-10-143. Contracts — Qualified attorneys. 23
(a) As used in this section, "qualified attorney" means an attorney 24
who: 25
(1) Has previously been employed as an attorney by the state 26
regardless of the limitation provided under § 19 -11-709(d); or 27
(2) Is currently serving as a part -time public defender or is 28
otherwise employed by the state as an attorney on a part -time basis. 29
(b) The Director of the Administrative Office of the Courts may employ 30
or enter into a professional service contract with a qualified attorney to 31
serve as a specialty court team member and to represent specialty court 32
participants. 33
(c) The fees for contracted services provided by a qualified attorney 34
under subsection (a) of this section shall be paid from funds appropriate d 35
for that purpose to the Administrative Office of the Courts. 36 As Engrossed: S3/30/23 H4/5/23 SB495
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(d)(1) A qualified attorney who is employed or contracted by the 1
Administrative Office of the Courts under this section is eligible for 2
additional compensation. 3
(2) Additional compensation received for service under this 4
section as a specialty court team member or to represent specialty court 5
participants shall not be construed as exceeding the line -item maximum for 6
the grade of the qualified attorney’s other part -time position, if any. 7
(e) Any funds appropriated for the purpose of this section remaining 8
on June 30 shall be retained by the Administrative Office of the Court and 9
may be distributed after July 1 as supplemental funding to be used for the 10
expansion or establishment of specialt y court programs in circuit courts. 11
12
16-10-144. Contracts – Qualified treatment providers. 13
(a) The Director of the Administrative Office of the Courts may enter 14
into a professional service contract with a qualified treatment provider to 15
serve as a specialty court team member and to provide behavioral health 16
treatment to specialty court participants. 17
(b) The fees for contracted services provided by a qualified treatment 18
provider shall be paid from funds appropriated for that purpose to the 19
Administrative Office of the Courts. 20
(c) Any funds appropriated for the purpose of this section remaining 21
on June 30 shall be retained by the Administrative Office of the Courts and 22
may be distributed after July 1 as supplemental funding for the expansion or 23
establishment of specialty court programs in circuit courts. 24
25
SECTION 119. Arkansas Code § 16 -17-137(a)(3), concerning areas that 26
may be under the jurisdiction of district court if authorized in judicial 27
district administrative plan, is amended to read as fol lows: 28
(3) A parole or post-release supervision program. 29
30
SECTION 120. Arkansas Code § 16 -21-106(c)(1) and (2), concerning 31
assistance to victims and witnesses of crimes, are amended to read as 32
follows: 33
(c)(1) The prosecuting attorney of the county fr om which the inmate 34
was committed shall notify the Parole Post-Prison Transfer Board at the time 35
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
75 04-05-2023 16:03:12 JLC013
be notified of any future parole , post-release supervision, or clemency 1
hearings, and to forward to the board the last known address and telephone 2
number of the victim or member of the victim's family. 3
(2) It shall be the responsibility of the victim or the victim's 4
next of kin to notify the board after the date of commitment of any change in 5
regard to the desire to be notified of any future parole , post-release 6
supervision, or clemency hearings. 7
8
SECTION 121. Arkansas Code § 16 -21-204(b), concerning the duties of 9
the prosecutor coordinator, is amended to add an additional subdivis ion to 10
read as follows: 11
(6)(A) Establish and administer a statewide certified facility 12
dog program to assist child and vulnerable victims and child and vulnerable 13
witnesses throughout the criminal justice system. 14
(B) As used in subdivision (b)(6)(A) of this section, 15
"certified facility dog" means the same as defined in § 16 -43-1002. 16
17
SECTION 122. Arkansas Code § 16 -80-104(c)(2), concerning the 18
comprehensive mental health evaluation for a minor convicted of capital 19
murder or murder in the first degree, is amended to read as follows: 20
(2) Shall be included in any documentation or inmate file kept 21
by the Division of Correction or, if the minor is eventually supervised on 22
parole or post-release supervision, the Division of Community Correction. 23
24
SECTION 123. Arkansas Code § 16 -90-107(b)(2), concerning termination 25
of a sentence of imprisonment by the Post -Prison Transfer Board, is amended 26
to read as follows: 27
(2) At any time after the expiration of the minimum time, upon 28
the recommendation of t he Director of the Department Division of Correction 29
and it appearing that a prisoner has a good record as a convict, his or her 30
sentence may be terminated by the Parole Post-Prison Transfer Board. 31
32
SECTION 124. The introductory language of Arkansas Code § 16-90-33
120(e)(1), concerning the sentencing of a felony offense involving a firearm, 34
is amended to read as follows: 35
(e)(1) For an offense committed on or after July 2, 2007, 36 As Engrossed: S3/30/23 H4/5/23 SB495
76 04-05-2023 16:03:12 JLC013
notwithstanding any law allowing the award of meritorious good time or any 1
other law to the contrary, except as provided in subdivision (e)(1)(B)(ii) of 2
this section, any person who is sentenced under subsection (a) of this 3
section is not eligible for parole , transfer to post-release supervision, or 4
community correction transfer unt il the person serves: 5
6
SECTION 125. Arkansas Code § 16 -90-120, concerning a felony with a 7
firearm, is amended to add an additional subsection to read as follows: 8
(g) Any person convicted under this section is not eligible for early 9
release on parole, t ransfer to post-release supervision, or community 10
correction transfer for the additional period of confinement. 11
12
SECTION 126. Arkansas Code § 16 -90-121 is amended to read as follows: 13
16-90-121. Second or subsequent felony with firearm. 14
Any person who is found guilty of or pleads guilty or nolo contendere 15
to a second or subsequent felony involving the use of a firearm shall be 16
sentenced to a minimum term of imprisonment of ten (10) years in the Division 17
of Correction without eligibility of parole or com munity correction transfer 18
but subject to reduction by meritorious good -time credit or earned release 19
credits. 20
21
SECTION 127. Arkansas Code § 16 -90-402 is amended to read as follows: 22
16-90-402. Delivery of defendant and copy of judgment to proper 23
officials — Development of standardized copy of sentencing order . 24
(a)(1) In executing a judgment of confinement, the county sheriff 25
shall deliver the defendant with a certified standardized copy of the 26
sentencing order to the Division of Correction, Division of Community 27
Correction, or to another detention facility, as indicated in the sentencing 28
order. 29
(2) If electronic filing of court records has been implemented 30
by the circuit clerk in the county where the defendant's conviction occurred, 31
the standardized copy of the sentencing order may be electronically 32
transmitted by the circuit clerk to the Division of Correction, the Division 33
of Community Correction, or to another detention facility , as indicated in 34
the sentencing order. 35
(b) The standardized copy of the sentencing order shall be developed 36 As Engrossed: S3/30/23 H4/5/23 SB495
77 04-05-2023 16:03:12 JLC013
by representatives from the Division of Correction, the Administrative Office 1
of the Courts, the Arkansas Sentencing Commission, and the Prosecut or 2
Coordinator's office a committee composed of: 3
(1) Three (3) members appointed by the Secretary of the 4
Department of Corrections, to include: 5
(A) One (1) member with experience in records for confined 6
offenders; 7
(B) One (1) member with experie nce in records for 8
offenders on supervision; and 9
(C) One (1) member with experience in offender management 10
systems; 11
(2) One (1) member appointed by the Chair of the Arkansas 12
Sentencing Commission; 13
(3) One (1) member appointed by the Administrative Office of the 14
Courts; 15
(4) One (1) member appointed by the Prosecutor Coordinator; and 16
(5) One (1) member appointed by the Executive Director of the 17
Public Defender Commission. 18
19
SECTION 128. DO NOT CODIFY. TEMPORARY LANGUAGE. First meeting of 20
committee to develop standardized sentencing order. 21
(a) The person appointed by the Chair of the Arkansas Sentencing 22
Commission to the committee established under Arkansas Code § 16 -90-402(b) 23
shall call the first meeting of the committee estab lished under Arkansas Code 24
§ 16-90-402(b). 25
(b) At the first meeting of the committee established under Arkansas 26
Code § 16-90-402(b), the members of the committee shall elect a chair and any 27
other officers the committee deems necessary. 28
29
SECTION 129. Arkansas Code § 16-90-802(d)—(f), concerning the Arkansas 30
Sentencing Commission, are amended to read as follows: 31
(d) In furtherance of its purpose, the commission shall have the 32
following powers and duties: 33
(1)(A) The commission shall adopt an initial sentencing 34
standards grid and an offense seriousness reference table based upon the 35
statutory parameters and additional data and information gathered prior to 36 As Engrossed: S3/30/23 H4/5/23 SB495
78 04-05-2023 16:03:12 JLC013
before January 1, 1994. 1
(B) The commission shal l also set the percentage of time 2
within parameters set by law to be served for offenses at each seriousness 3
level prior to before any type of transfer or release; 4
(2)(A) The commission shall periodically review and may revise 5
the voluntary sentencing s tandards. 6
(B) Any revision of the standards shall be in compliance 7
with provisions applicable to rule making contained in the Arkansas 8
Administrative Procedure Act, § 25 -15-201 et seq. 9
(C) Any revision of the standards shall become effective 10
as provided by the Arkansas Administrative Procedure Act, § 25 -15-201 et seq. 11
(D)(i) The revised standards will be in effect unless 12
modified by the General Assembly at its next session or until revised again 13
by the commission. 14
(ii) Any revisions by the commission shall be within 15
the statutory parameters set for the various crime classes . 16
(E) Before review and approval by the Legislative Council 17
under the Administrative Procedure Act, § 25 -15-201 et seq., revisions to the 18
voluntary sentencing standard s shall be reviewed by the House Committee on 19
Judiciary and the Senate Committee on Judiciary ; 20
(3) The commission may review and make recommendations for 21
revision of the § 16 -93-1201 et seq. target group to the General Assembly 22
such that nonviolent off enses and offenders are routinely handled in 23
community correction programs; 24
(4)(A) The commission shall be in charge of strategic planning 25
for a balanced correctional plan for the state. 26
(B) The commission shall develop such a plan in 27
conjunction with the Board of Corrections. 28
(C) The commission shall monitor compliance with 29
sentencing standards, assess their impact on the correctional resources of 30
the state with the assistance of the board, and determine if the standards 31
further the adopted sent encing policy goals of the state; 32
(5) The commission may review the classifications of crimes and 33
sentences and make recommendations for change when supported by information 34
that change is advisable to further the adopted sentencing policy goals of 35
the state; 36 As Engrossed: S3/30/23 H4/5/23 SB495
79 04-05-2023 16:03:12 JLC013
(6)(A) The commission shall develop a research and analysis 1
system to determine the feasibility, impact on resources, and budget 2
consequences of any proposed or existing legislation affecting sentence 3
length. 4
(B) The commission shall prepare and submit to the General 5
Assembly a report on any such legislation prior to before its adoption; 6
(7)(A)(i) All courts having criminal jurisdiction of felony 7
crimes shall provide to the commission in a timely manner all information 8
deemed necessary by t he commission. 9
(ii) Such information shall be in the form 10
determined necessary by the commission. 11
(B) The commission shall have the authority to collect 12
from any state or local governmental entity information, data in electronic 13
or in other usable form, reports, statistics, or such other material which 14
relates to sentencing laws, policies, and practices, or impacts on 15
correctional resources or is necessary to carry out the commission's 16
functions. 17
(C) The commission may coordinate its data collection with 18
the Administrative Office of the Courts, the Arkansas Crime Information 19
Center, the various circuit clerks of the state, and the various state and 20
local correctional agencies; 21
(8) Under its duties outlined in this section, the commission 22
shall be a criminal justice agency, as defined in § 12 -12-1001, as its powers 23
and duties include: 24
(A) Determining transfer eligibility; 25
(B) Gathering, analyzing, and disseminating criminal 26
history information as it relates to sentencing practices, dispositions, and 27
release criteria; and 28
(C) Determining the appropriate use of correctional and 29
rehabilitative resources of the state; 30
(9)(A) Produce annual reports regarding compliance with 31
sentencing guidelines, including the application of volun tary presumptive 32
standards, § 16-90-803, and departures from the standards, § 16 -90-804. 33
(B) The report shall include: 34
(i) Data collected from each county; and 35
(ii) Both a county-by-county and statewide accounting 36 As Engrossed: S3/30/23 H4/5/23 SB495
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of the results including without limitation: 1
(a) Sentences to the Division of Correction 2
and Division of Community Correction; 3
(b) The average sentence length for sentences 4
by offense type and severity level according to the sentencing guidelines; 5
(c) The percentage of sentences that are an 6
upward departure from the sentencing guidelines; and 7
(d) The average number of months above the 8
recommended sentence for those sentences described in subdivision 9
(d)(9)(B)(ii)(c) of this section. 10
(C) The report filed each year after the initial report 11
submitted under this section shall include data from prior years; 12
(10) (9) Prepare and conduct annual continuing legal education 13
seminars regarding the sentencing guidelines to be presented to judges, 14
prosecuting attorneys and their deputies, and public defenders and their 15
deputies, as so required; and 16
(11)(A) (10) The commission shall collaborate with the 17
Administrative Office of the Courts to develop and implement an integrated 18
sentencing commitment and departure f orm order that shall include: 19
(i)(A) Demographic information including the race and 20
ethnicity of both the offender and the victim or victims; 21
(ii)(B) The placement decision; 22
(iii)(C) Sentence length; 23
(iv)(D) Any departure from the sentencin g guidelines on 24
placement and sentence length; 25
(v)(E) The number of months above or below the presumptive 26
sentence; 27
(vi)(F) Justification for the departure; and 28
(vii)(G) A signature space for the judge and the 29
prosecuting attorney to sign off o n the contents of the form. 30
(B) The commission shall begin using the new form on 31
January 1, 2012. 32
(C)(i) Forms are to be collected annually and sent to the 33
Administrative Office of the Courts. 34
(ii) Data from the forms shall be collected and 35
submitted to the Chair of the House Committee on Judiciary and the Chair of 36 As Engrossed: S3/30/23 H4/5/23 SB495
81 04-05-2023 16:03:12 JLC013
the Senate Committee on Judiciary. , 1
(11) Coordinate with Director of the Arkansas Sentencing 2
Commission, the Division of Correct ion, and the Division of Community 3
Correction to develop policy to ensure that the intake process best utilizes 4
beds in nontraditional correctional facilities, including without limitation 5
community correction centers, work release centers, and reentry fac ilities; 6
and 7
(12) Upon the enactment of any legislation amending release 8
eligibility provisions for felony offenses, review the statutory ranges and 9
presumptive sentences of impacted offense classes or rankings and provide a 10
report on its findings to the Secretary of the Department of Corrections and 11
to the Legislative Council. 12
(e)(1) The commission shall meet no less than quarterly. 13
(2)(A) The commission shall submit to the Governor, the General 14
Assembly, and the Arkansas Judicial Council, Inc. a biennial report three (3) 15
months prior to before the convening of the regular session. 16
(B) The report shall include a summary of the co mmission 17
proceedings, summary of compliance with the voluntary sentencing standards 18
and recommendations for legislative and administrative action. 19
(f)(1) The commission shall employ a director from candidates 20
presented to it by the Chair of the Arkansas Sentencing Commission in 21
consultation with the Secretary of the Department of Corrections. 22
(2) The Director of the Arkansas Sentencing Commission shall 23
have appropriate training and experience to assist the commission in the 24
performance of its duties. 25
(3) The director shall be responsible for compiling the work of 26
the commission and drafting suggested legislation incorporating the 27
commission's findings for submission to the General Assembly. 28
(4) The director shall serve at the pleasure of the Secre tary of 29
the Department of Corrections. 30
31
SECTION 130. Arkansas Code § 16 -90-803(b)(1), concerning voluntary 32
presumptive sentencing standards, is amended to read as follows: 33
(b) The two (2) dimensions of the sentencing standards grid represent 34
the primary determinants of a sentence, offense seriousness and offender 35
history. 36 As Engrossed: S3/30/23 H4/5/23 SB495
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(1) Offense Seriousness. The offense seriousness level is 1
determined by the offense of conviction or the offense of which the person 2
was found guilty or to which the person pleade d guilty or nolo contendere. 3
(A) Felony offenses are divided into ten (10) levels of 4
ranked by seriousness, ranging from low, seriousness level I, to high, 5
seriousness level X with lower seriousness levels representing less serious 6
offenses. 7
(B) The typical cases for the offenses listed within each 8
level of seriousness on a grid are deemed to be generally equivalent in 9
seriousness. 10
(C) The most frequently occurring offenses within each 11
seriousness level are listed on the vertical axis of the sen tencing standards 12
grid. 13
(D) The seriousness level for infrequently occurring 14
offenses can be determined by consulting the offense seriousness reference 15
table. 16
(E) The seriousness level for inchoate offenses is one (1) 17
level below the level for subs tantive offenses. 18
19
SECTION 131. Arkansas Code § 16 -90-803(b)(2)(C)(iv), concerning the 20
voluntary presumptive standards of the seriousness grid for determining the 21
seriousness of offenses, is amended to read as follows: 22
(iv) One (1) point is to be added to an offender's 23
score if the offender is under any type of criminal justice restraint for a 24
felony offense at the time that he or she committed the crime for which he or 25
she is being sentenced. Such restraint includes without limitation pretrial 26
bond, suspended imposition of sentence, probation, parole, postprison 27
supervision, and release pending sentencing for a prior crime; 28
29
SECTION 132. Arkansas Code § 16 -90-1109(b)(1), concerning the right of 30
a crime victim to inform ation concerning confinement or commitment, is 31
amended to read as follows: 32
(b)(1) At least thirty (30) days before a Parole Post-Prison Transfer 33
Board hearing concerning the defendant, if requested by the victim, the board 34
shall inform the victim of the hearing and of the victim's right to submit to 35
the board a victim impact statement and shall promptly inform the victim of 36 As Engrossed: S3/30/23 H4/5/23 SB495
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any decision of the board. 1
2
SECTION 133. Arkansas Code § 16 -90-1109(b)(2)(B), concerning the right 3
of a crime victim to information concerning confinement or commitment, is 4
amended to read as follows: 5
(B) It is the responsibility of the victim or his or her 6
next of kin to notify the board after the date of commitment of any change in 7
regard to the desire to be notified of any futu re parole or post-release 8
supervision hearings. 9
10
SECTION 134. Arkansas Code § 16 -90-1113(a)(1)(A), concerning a victim 11
impact statement to be considered during a parole or post -release hearing, is 12
amended to read as follows: 13
(a)(1)(A) Before determinin g whether to release the inmate on parole, 14
the Parole Post-Prison Transfer Board shall permit the victim to present a 15
written victim impact statement at a victim impact hearing concerning the 16
effects of the crime on the victim, the circumstances surroundin g the crime, 17
the manner in which the crime was perpetrated, and the victim's opinion 18
regarding whether the inmate should be released on parole. 19
20
SECTION 135. The introductory language of Arkansas Code § 16 -90-21
1113(c), concerning a victim impact statement to be considered during a 22
parole or post-release hearing, is amended to read as follows: 23
(c) In deciding whether to release an inmate on parole or post-release 24
supervision, the board shall consider among other factors: 25
26
SECTION 136. The introductory l anguage of Arkansas Code § 16 -90-27
1303(a), concerning the procedure for credits earned toward discharge and 28
completion of a sentence, is amended to read as follows: 29
(a) If a person is incarcerated for an eligible felony, whether by an 30
immediate commitment or after his or her probation is revoked, and after he 31
or she is moved to community supervision through parole or transfer by the 32
Parole Post-Prison Transfer Board, or if he or she is placed on probation, he 33
or she is immediately eligible to begin earning daily credits that shall 34
count toward reducing the number of days he or she is otherwise required to 35
serve until he or she has completed the sentence. 36 As Engrossed: S3/30/23 H4/5/23 SB495
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1
SECTION 137. Arkansas Code § 16 -90-1303(b)(1), concerning the 2
procedure for credits earned toward dis charge and completion of a sentence, 3
is amended to read as follows: 4
(b)(1) Credits equal to thirty (30) days per month for every month 5
that the offender complies with court -ordered conditions and a set of 6
predetermined criteria established by the Department Division of Community 7
Correction in consultation with judges, prosecuting attorneys, and defense 8
counsel shall accrue while the person is on community supervision, including 9
without limitation parole, post-release supervision, or probation. 10
11
SECTION 138. Arkansas Code § 16 -90-1303(b)(2), concerning the 12
procedure for credits earned toward discharge and completion of a sentence, 13
is amended to read as follows: 14
(2) The department division shall calculate the number of days 15
the person has remaining to serve on parole, post-release supervision, or 16
probation before that person completes his or her sentence. 17
18
SECTION 139. Arkansas Code § 16 -90-1303(c)(2), concerning the 19
procedure for credits earned toward discharge and completion of a sentence, 20
is amended to read as follows: 21
(2) A person convicted of another felony offense while on 22
parole, post-release supervision, or probation may result in the forfeiture 23
of any credits earned under this subchapter. 24
25
SECTION 140. Arkansas Code § 16-90-1304(b)(1)(B), concerning entities 26
required to be notified of an application for discharge and completion of a 27
sentence, is amended to read as follows: 28
(B) The Parole Post-Prison Transfer Board. 29
30
SECTION 141. Arkansas Code § 16-90-1305(c), concerning notice and 31
effect of discharge and completion of a sentence, is amended to read as 32
follows: 33
(c) A person who earns discharge and completion of his or her sentence 34
under this subchapter is considered as having completed his or her sentence 35
in full and is not subject t o parole, post-release supervision, or probation 36 As Engrossed: S3/30/23 H4/5/23 SB495
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revocation for those sentences. 1
2
SECTION 142. Arkansas Code § 16-90-1404(1)(C)(i), concerning the 3
definition of "completion of a person's sentence" under the Comprehensive 4
Criminal Record Sealing Act of 20 13 , is amended to read as follows: 5
(i) Has been discharged from probation , or parole, 6
or post-release supervision; 7
8
SECTION 143. Arkansas Code § 16-90-1404(1)(C)(vii), concerning the 9
definition of "completion of a person's sentence" under the Comprehensive 10
Criminal Record Sealing Act of 2013, is amended to read as follows: 11
(vii) Completed any vocational or technical 12
education or training program that was required as a condition of the 13
person's parole, post-release supervision, or probation; 14
15
SECTION 144. The introductory language of Arkansas Code § 16-93-16
101(3)(D), concerning conduct that constitutes a "detriment to the community" 17
in relation to the definitions applicable to community supervision, is 18
amended to read as follows: 19
(D) During the three (3) calendar years before the 20
person's parole or post-release supervision hearing: 21
22
SECTION 145. Arkansas Code § 16-93-101(5)(G), concerning options for 23
"intermediate sanctions" in relation to the definitions applicable to 24
community supervision, is amended to read as follows: 25
(G) Reporting requirements to probation or parole 26
community supervision officers; 27
28
SECTION 146. Arkansas Code § 16-93-101(6), concerning the definitions 29
applicable to community supervision, is amended to r ead as follows: 30
(6) “Jacket review” means the review of the file of a transfer -31
eligible inmate located at any correctional facility in the state by an 32
individual staff member or team of staff members of the Division of Community 33
Correction for purposes of preparing the inmate's application for parole or 34
post-release supervision consideration by the Parole Post-Prison Transfer 35
Board; 36 As Engrossed: S3/30/23 H4/5/23 SB495
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1
SECTION 147. Arkansas Code § 16-93-101(11) concerning the definitions 2
applicable to community supervision, is amended to read as follows: 3
(11) “Serious conditions violation” means a violation of the 4
conditions of a parolee's parole or probationer's probation community 5
supervision that results from the parolee's or probationer's offender's 6
absenting himself or herself from supervision for a period of six (6) months 7
or more or an arrest for a misdemeanor offense that does not involve: 8
(A) An act involving a violent misdemeanor that provides 9
the prosecuting attorney with the option to rev oke the probationer's 10
probation or parolee's parole offender's community supervision , or allow the 11
Division of Community Correction to utilize the sanctions provided under this 12
chapter; 13
(B) An offense for which a conviction would require the 14
person to register as a sex offender under the Sex Offender Registration Act 15
of 1997, § 12-12-901 et seq.; 16
(C) A misdemeanor offense of harassment or stalking or 17
that contains a threat of violence to a victim, or a threat of violence to a 18
family member of the vi ctim of the offense for which the defendant was placed 19
on probation or parole community supervision ; 20
(D) A misdemeanor offense of driving or boating while 21
intoxicated, § 5-65-103, when the probationer or parolee offender on 22
community supervision is currently being supervised for a felony offense of § 23
5-65-103, § 5-10-104, or § 5-10-105, and the felony offense was alcohol -24
related or drug-related; or 25
(E) Except for an offense under the Uniform Controlled 26
Substances Act, § 5-64-101 et seq., a misdemean or offense that is a lesser 27
included offense or falls within the same chapter of the Arkansas Criminal 28
Code of the offense for which the defendant was placed on probation or parole 29
community supervision ; 30
31
SECTION 148. Arkansas Code § 16-93-101(12)(A), concerning the 32
definition of "technical conditions violation" applicable to community 33
supervision, is amended to read as follows: 34
(A) A violation of the conditions of a parolee's parole or 35
a probationer's probation an offender's community supervision that results 36 As Engrossed: S3/30/23 H4/5/23 SB495
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from a noncriminal act or positive drug screen; or 1
2
SECTION 149. Arkansas Code § 16 -93-101, concerning the definitions 3
that are applicable to community supervision, is amended to add an additional 4
subdivision to read as follows: 5
(15) "Community supervision" means a period of supervision of an 6
offender in the community and includes without limitation probation, parole, 7
and post-release supervision. 8
9
SECTION 150. Arkansas Code § 16-93-103, is amended to read as follows: 10
16-93-103. Authority of officers to make arrests and carry firearms. 11
(a) A probation officer appointed by a circuit court or district 12
court, excluding a juvenile probation officer, and a parole and probation 13
community supervision officer employed by the Division of Communit y 14
Correction who is a currently certified law enforcement officer may execute, 15
serve, and return all lawful warrants of arrest issued by the State of 16
Arkansas or any political subdivision of the state and are otherwise 17
authorized to make lawful arrests as is any law enforcement officer of the 18
State of Arkansas. 19
(b) A parole and probation community supervision officer either 20
employed by the division or another entity authorized to employ a parole and 21
probation community supervision officer may carry a: 22
(1) Firearm during all hours in which he or she is actively 23
engaged in the obligations and duties of the office to which he or she is 24
appointed or employed, pursuant to selection and training requirements under 25
§§ 12-9-104, 12-9-106, and 12-9-107; and 26
(2) Nonstate-issued firearm during all hours in which he or she 27
is not actively pursuing the obligations and duties of the office to which he 28
or she is appointed. 29
(c) A parole and probation community supervision officer employed by 30
the division may also carry: 31
(1) A nonstate-issued firearm as a secondary weapon while 32
actively engaged in the duties of the office to which he or she is appointed 33
or employed; and 34
(2) A state-issued firearm during all hours in which he or she 35
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
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appointed or employed, except that a parole and probation community 1
supervision officer may not carry a firearm issued by the division while the 2
parole and probation community supervision officer is actively w orking at 3
employment other than for the division. 4
5
SECTION 151. Arkansas Code § 16-93-104(a)(1), concerning the 6
supervision fee to be paid by offenders on release, is amended to read as 7
follows: 8
(a)(1) An offender on probation, parole, post-release supervision, or 9
transfer under supervision of the Division of Community Correction shall pay 10
to the division a monthly supervision fee. 11
12
SECTION 152. Arkansas Code § 16-93-104(c), concerning the supervision 13
fee to be paid by offenders on release, is amended to read as follows: 14
(c)(1) The offender on parole or post-release supervision may be 15
imprisoned for violation of parole or post-release supervision if the 16
offender is financially able to make the payments and if the payments are not 17
made and the Parole Post-Prison Transfer Board so finds, subject to the 18
limitations set out in this subsection. 19
(2) The offender shall not be imprisoned if the offender is 20
financially unable to make the payments and states so under oath to the 21
Parole Post-Prison Transfer Board in writing, and the Parole Post-Prison 22
Transfer Board so finds. 23
24
SECTION 153. Arkansas Code § 16 -93-106(a)(1), concerning the 25
warrantless search of a person on probation or parole, is amended to read as 26
follows: 27
(a)(1) A person who is placed on su pervised probation or is released 28
on parole or post-release supervision under this chapter is required to agree 29
to a waiver as a condition of his or her supervised probation , or parole, or 30
post-release supervision that allows any certified law enforcement officer or 31
Division of Community Correction officer to conduct a warrantless search of 32
his or her person, place of residence, or motor vehicle, or other real or 33
personal property, including without limitation a cellular or electronic 34
device under his or he r control or possession, at any time, day or night, 35
whenever requested by the certified law enforcement officer or division 36 As Engrossed: S3/30/23 H4/5/23 SB495
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officer. 1
2
SECTION 154. Arkansas Code § 16-93-106(b), concerning warrantless 3
searches of offenders on community supervision, is amended to read as 4
follows: 5
(b)(1) A person who will be placed on supervised probation , or parole, 6
or post-release supervision and is required to agree to the waiver required 7
by this section shall acknowledge and sign the waiver. 8
(2) If the person fails to acknowledge and sign the waiver 9
required by this section, he or she is ineligible to be placed on supervised 10
probation, or parole, or post-release supervision. 11
12
SECTION 155. Arkansas Code § 16-93-107(b), concerning Medicaid 13
eligibility of offenders on community supervision, is amended to read as 14
follows: 15
(b) If an inmate nearing release from incarceration, parolee, offender 16
on post-release supervision, or probationer receives medical services, 17
including substance abuse and mental health treatment, th at meet criteria for 18
Medicaid coverage, the parole officer, probation community supervision 19
officer, or Division of Correction official or Division of Community 20
Correction official may apply for Medicaid coverage for the inmate nearing 21
release from incarce ration, parolee, offender on post-release supervision, or 22
probationer under this section. 23
24
SECTION 156. The introductory language of Arkansas Code § 16-93-25
107(c)(2), concerning Medicaid eligibility of offenders on community 26
supervision, is amended to read as follows: 27
(2) However, the parole officer, probation community supervision 28
officer, or Division of Correction official or Division of Community 29
Correction official shall be the authorized representative for purposes of 30
establishing and maintaining M edicaid eligibility under this subsection if: 31
32
SECTION 157. Arkansas Code § 16-93-107(e)(1), concerning Medicaid 33
eligibility of offenders on community supervision, is amended to read as 34
follows: 35
(e)(1) The parole officer, probation community supervisio n officer, or 36 As Engrossed: S3/30/23 H4/5/23 SB495
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Division of Correction official or Division of Community Correction official 1
or the designee of the parole officer, probation community supervision 2
officer, or Division of Correction official or Division of Community 3
Correction official may a ccess information necessary to determine if a 4
Medicaid application has been filed on behalf of the inmate nearing release 5
from incarceration, parolee, offender on post-release supervision, or 6
probationer. 7
8
SECTION 158. Arkansas Code § 16-93-111, is amended to read as follows: 9
16-93-111. Parole or probation prohibitions for sex offenses. 10
A person required to register as a sex offender under the Sex Offender 11
Registration Act of 1997, § 12 -12-901 et seq., who is under felony probation 12
or released on parole or post-release supervision shall have as a term and 13
condition of his or her probation , or parole, or post-release supervision a 14
prohibition against recording a person under fourteen (14) years of age under 15
§ 5-14-137 if he or she is assessed as a Level 3 or Level 4 offender. 16
17
SECTION 159. DO NOT CODIFY. As of the effective date of this act, the 18
Parole Board shall be known as the Post -Prison Transfer Board. 19
20
SECTION 160. Arkansas Code § 16-93-201(a)(1), concerning the creation 21
and makeup of the Post-Prison Transfer Board, is amended to read as follows: 22
(a)(1) There is created the Parole Post-Prison Transfer Board, to be 23
composed of seven (7) members to be appointed from the state at large by the 24
Governor and confirmed by the Senate. 25
26
SECTION 161. Arkansas Code § 16-93-201(a)(2)(A)(ii)(b), concerning the 27
requirements for members of the Post -Prison Transfer Board, is amended to 28
read as follows: 29
(b) A member may engage in employment that has 30
a limited time commitment with approval from t he Chair of the Parole Post-31
Prison Transfer Board. 32
33
SECTION 162. Arkansas Code § 16-93-201(a)(4)(A)(i), concerning 34
experience required for members of the Post -Prison Transfer Board, is amended 35
to read as follows: 36 As Engrossed: S3/30/23 H4/5/23 SB495
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(i) Parole or post-release supervision; 1
2
SECTION 163. Arkansas Code § 16-93-202(a), concerning the official 3
seal of the Post-Prison Transfer Board, is amended to read as follows: 4
(a) The Parole Post-Prison Transfer Board shall adopt an official seal 5
of which the courts shall tak e judicial notice. 6
7
SECTION 164. Arkansas Code § 16-93-202(c)(2), concerning reports 8
required for the Post -Prison Transfer Board, is amended to read as follows: 9
(2) The report shall be directed to the Governor and to the 10
General Assembly and shall con tain statistical and other data concerning its 11
work, including research studies which it may make on parole , post-release 12
supervision, or related functions. 13
14
SECTION 165. Arkansas Code § 16-93-202(e)(1)(A), concerning access by 15
the General Assembly to re cords of the Post-Prison Transfer Board, is amended 16
to read as follows: 17
(e)(1)(A) Upon written request, a member of the General Assembly or an 18
employee of the House of Representatives, the Senate, or the Bureau of 19
Legislative Research acting on the membe r's behalf may view all 20
classification, disciplinary, demographic, and parole, and post-release 21
supervision hearing records of a current or former inmate , or parolee, or 22
offender on post-release supervision who is currently or was formerly granted 23
parole or post-release supervision by the board. 24
25
SECTION 166. Arkansas Code § 16-93-203(1), concerning the duty of 26
corrections officials to cooperate with the Post -Prison Transfer Board, is 27
amended to read as follows: 28
(1) Grant access at all reasonable time s to any prisoner over 29
whom the Parole Post-Prison Transfer Board has jurisdiction under this 30
chapter to the members of the board or its properly accredited 31
representatives; 32
33
SECTION 167. Arkansas Code § 16 -93-204(a)(2) and (3), concerning 34
executive clemency, are amended to read as follows: 35
(2) An applicant shall obtain and include with his or her 36 As Engrossed: S3/30/23 H4/5/23 SB495
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application a certified copy of the applicant's judgment and commitment 1
sentencing order or comparable document. 2
(3) Applications shall be referred to the Parole Post-Prison 3
Transfer Board for investigation. 4
5
SECTION 168. Arkansas Code § 16 -93-205, is amended to read as follows: 6
16-93-205. Parole of Arkansas inmates in out -of-state prisons. 7
(a) The Parole Post-Prison Transfer Board may request the appropriate 8
board or commission having jurisdiction over parole , post-release 9
supervision, or transfer matters in other states or the United States Parole 10
Commission to make recommendations concerning whether Arkansa s inmates 11
confined in prison systems of the other states or in federal prisons should 12
be granted parole, post-release supervision, or transfer when eligible under 13
Arkansas law. 14
(b) The Parole Post-Prison Transfer Board may take action at its 15
option on the application of an inmate for parole , post-release supervision, 16
or transfer, using as its criteria the recommendations received from the 17
appropriate board or commission of the other states or the United States 18
Parole Commission in lieu of the personal appearance before the Parole Post-19
Prison Transfer Board of the inmate seeking parole , post-release supervision, 20
or transfer. 21
22
SECTION 169. Arkansas Code § 16 -93-206, is amended to read as follows: 23
16-93-206. Parole revocation review — Jurisdiction. 24
(a) The Parole Post-Prison Transfer Board shall serve as the 25
revocation review board for any person subject to either parole , post-release 26
supervision, or transfer from prison. 27
(b) Revocation proceedings for either p arole, post-release 28
supervision, or transfer shall follow all legal requirements applicable to 29
parole, post-release supervision, or transfer and shall be subject to any 30
additional policies and rules set by the board. 31
32
SECTION 170. Arkansas Code § 16 -93-207(b), concerning an application 33
for pardon, commutation of sentence, and remission of fines and forfeitures, 34
is amended to read as follows: 35
(b) If the Governor does not grant an application for pardon, 36 As Engrossed: S3/30/23 H4/5/23 SB495
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commutation of sentence, or remission of fine or fo rfeiture within two 1
hundred forty (240) days of the Governor's receipt of the recommendation of 2
the Parole Post-Prison Transfer Board regarding the application, the 3
application shall be deemed denied by the Governor, and any pardon, 4
commutation of sentence , or remission of fine or forfeiture granted after the 5
two-hundred-forty-day period shall be null and void. 6
7
SECTION 171. Arkansas Code § 16 -93-207(c)(1), concerning applications 8
for pardon, commutation of sentence, and remission of fines and forfeitures , 9
is amended to read as follows: 10
(c)(1)(A) Except as provided in subdivision (c)(3) and subsection (d) 11
of this section, if an application for pardon, commutation of sentence, or 12
remission of fine or forfeiture is denied in writing by the Governor, the 13
person filing the application shall not be eligible to file a new application 14
for pardon, commutation of sentence, or remission of fine or forfeiture 15
related to the same offense for a period of four (4) five (5) years from the 16
date of filing the application that was denied the denial. 17
(B) Any person who made an application for pardon, 18
commutation of sentence, or remission of fine or forfeiture that was denied 19
on or after July 1, 2004, shall be eligible to file a new application four 20
(4) years after the date of filing the application that was denied. 21
22
SECTION 172. Arkansas Code § 16 -93-207(d)(1), concerning applications 23
for pardon, commutation of sentence, and remission of fines and forfeitures, 24
is amended to read as follows: 25
(d)(1) Except as provided in subdivision (d)(3) of this section, if an 26
application for pardon, commutation of sentence, or remission of fine or 27
forfeiture of a person sentenced to life imprisonment without parole is 28
denied in writing by the Governor, the person filing the applicat ion shall 29
not be eligible to file a new application for pardon, commutation of 30
sentence, or remission of fine or forfeiture related to the same offense for 31
a period of: 32
(A) Six (6) Seven (7) years from the date of the denial; 33
or 34
(B) Eight (8) Nine (9) years from the date of the denial 35
if the applicant is serving a sentence of life without parole for capital 36 As Engrossed: S3/30/23 H4/5/23 SB495
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murder, § 5-10-101. 1
2
SECTION 173. Arkansas Code § 16 -93-208, is amended to read as follows: 3
16-93-208. Services and equipment. 4
The Division of Correction and the Division of Community Correction may 5
provide services, furnishings, equipment, and office space to assist the 6
Parole Post-Prison Transfer Board in fulfilling the purposes for which the 7
board was created by law. 8
9
SECTION 174. Arkansas Code § 16-93-210, is amended to read as follows: 10
16-93-210. Monthly performance report on parole and post-release 11
supervision applications and outcome — Reports concerning administrative 12
directives filed with Legislative Council. 13
(a)(1) The Parole Post-Prison Transfer Board shall submit a monthly 14
report to the chairs of the House Committee on Judiciary and the Senate 15
Committee on Judiciary, the Legislative Council, the Board of Corrections, 16
and the Governor, showing the number of persons who make application for 17
parole or post-release supervision and those who are granted or denied parole 18
or post-release supervision during the previous month for each criminal 19
offense classification. 20
(2) The report shall include a breakdown by race of all persons 21
sentenced in each cri minal offense classification. 22
(3) The report shall include the reason for each denial of 23
parole or post-release supervision, the results of the risk -needs assessment, 24
and the course of action that accompanies each denial pursuant to § 16 -93-25
615(a)(2)(B)(ii). 26
(b) The Parole Post-Prison Transfer Board shall cooperate with and 27
upon request make presentations and provide various reports, to the extent 28
the Parole Post-Prison Transfer Board's budget will allow, to the Legislative 29
Council concerning Parole Post-Prison Transfer Board policy and criteria on 30
discretionary offender programs and services. 31
(c) The Parole Post-Prison Transfer Board shall file a report with the 32
Legislative Council on a quarterly basis containing all new and revised 33
administrative directives issued in the previous quarter by: 34
(1) The Parole Post-Prison Transfer Board; 35
(2) The Chair of the Parole Post-Prison Transfer Board; and 36 As Engrossed: S3/30/23 H4/5/23 SB495
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(3) The Administrative Services Manager of the Parole Board; 1
(4) The Administrator of the Parole Board; and 2
(5) Staff of the Parole Post-Prison Transfer Board. 3
4
SECTION 175. Arkansas Code § 16 -93-211(a)(1)(A), concerning early 5
release to transitional housing facilities, is amended to read as follows: 6
(A) Transferred or paroled Paroled or transferred to post-7
release supervision from the Division of Correction by the Parole Post-Prison 8
Transfer Board; 9
10
SECTION 176. Arkansas Code § 16 -93-211(b)(1), concerning early release 11
to transitional housing facilities, is amended to read as follows: 12
(b)(1) To assist an offender who will be eligible for parole , post-13
release supervision, or transfer to successfully reintegrate into the 14
community, the board is authorized to place the offender into approved 15
transitional housing up to one (1) year prior to the offender's date of 16
eligibility for parole or transfer. 17
18
SECTION 177. Arkansas Code § 16 -93-212, is amended to read as follows: 19
16-93-212. Rulemaking authority. 20
The Parole Post-Prison Transfer Board may adopt rules to implement, 21
administer, and enforce this subchapter. 22
23
SECTION 178. The introductory language of Arkansas Code § 16 -93-24
213(a), concerning records to be posted on the website of the Post -Prison 25
Transfer Board, is amended to read as follows: 26
(a) To the extent permitted by federal la w, the Parole Post-Prison 27
Transfer Board shall post on the board's website the following information 28
concerning an inmate who is being considered for parole or post-release 29
supervision no less than six (6) months before his or her transfer -30
eligibility or parole-eligibility date or post-release supervision 31
eligibility date, or the date the board determines eligibility for parole or 32
transfer or post-release supervision if the inmate is past his or her 33
transfer-eligibility or parole -eligibility date or post-release supervision 34
eligibility date: 35
36 As Engrossed: S3/30/23 H4/5/23 SB495
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SECTION 179. Arkansas Code § 16 -93-213(a)(5), concerning records to be 1
posted on the website of the Post -Prison Transfer Board, is amended to read 2
as follows: 3
(5) The number of times, if any, probation , or parole, or post-4
release supervision has been revoked from the inmate; and 5
6
SECTION 180. Arkansas Code § 16 -93-213(b)(3), concerning removal of 7
records posted on the website of the Post -Prison Transfer Board, is amended 8
to read as follows: 9
(3) May be removed when the inmate has been either granted or 10
denied parole or post-release supervision. 11
12
SECTION 181. Arkansas Code § 16 -93-306(d)(2), concerning probation 13
supervision, is amended to add an additional subdivision to read as follows: 14
(C) The intermediate sanctioning grid shall include: 15
(i) An assignment of point values to commonly 16
occurring violations of terms of probation or criminal behavior; 17
(ii) An assignment of point values to behaviors that 18
decrease the likelihood of r ecidivism, including without limitation: 19
(a) Education; 20
(b) Workforce development; 21
(c) Community service; and 22
(d) Behavioral health programming; 23
(iii) Details on the mechanisms by which points are 24
accumulated and reduced; and 25
(iv) Guidance on which intermediate sanctions should 26
be applied at which point thresholds. 27
28
SECTION 182. Arkansas Code § 16 -93-306(d)(3)(E)(ii)(d), concerning 29
probation supervision, is amended to read as follows: 30
(d) A probationer may not be in carcerated more 31
than two (2) times as a probation sanction in a Division of Community 32
Correction or Division of Correction facility during a two-year period. 33
34
SECTION 183. Arkansas Code § 16 -93-310(c)(2)(A), concerning the 35
revocation of probation, is amended to read as follows: 36 As Engrossed: S3/30/23 H4/5/23 SB495
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(2)(A) The court shall commit the eligible offender to the 1
custody of the Division of Correction under this subchapter for judicial or 2
administrative transfer to the Division of Community Correction subject to 3
the following: 4
(i) That the sentence imposed provides that the 5
offender shall serve no more than three (3) years of confinement, with credit 6
for meritorious good time or earned release credits, with initial placement 7
in a Division of Community Correction facility; and 8
(ii) That the initial placement in the Division of 9
Community Correction is conditioned upon the offender's continuing 10
eligibility for Division of Community Correc tion placement and the offender's 11
compliance with all applicable rules established by the Board of Corrections 12
for community correction programs. 13
14
SECTION 184. Arkansas Code § 16 -93-601(a), concerning felonies 15
committed before April 1, 1977, is amended to read as follows: 16
(a) Death Sentence. An individual under sentence of death is not 17
eligible for release on parole or post-release supervision. 18
19
SECTION 185. Arkansas Code § 16 -93-609 is amended to read as follows: 20
16-93-609. Effect of more than one conviction for certain felonies — 21
Definition. 22
(a) Any person who commits murder in the first degree, § 5 -10-102, 23
rape, § 5-14-103, or aggravated robbery, § 5 -12-103, subsequent to March 24, 24
1983, and who has previously been found guilty of or pleaded gui lty or nolo 25
contendere to murder in the first degree, § 5 -10-102, rape, § 5-14-103, or 26
aggravated robbery, § 5 -12-103, shall not be eligible for release on parole 27
by the Parole Post-Prison Transfer Board. 28
(b)(1) Any person who commits a violent felony of fense or any felony 29
sex offense subsequent to August 13, 2001, but before January 1, 2025, and 30
who has previously been found guilty of or pleaded guilty or nolo contendere 31
to any violent felony offense or any felony sex offense shall not be eligible 32
for release on parole by the board. 33
(2) As used in this subsection, “a violent felony offense or any 34
felony sex offense” means those offenses listed in § 5 -4-501(d)(2). 35
(c) A person who commits the offense of possession of firearms by 36 As Engrossed: S3/30/23 H4/5/23 SB495
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certain persons, § 5-73-103, in which the offense is under § 5 -73-103(c)(1), 1
after April 27, 2021, is not eligible for parole. 2
(d)(1) Any person who commits a parole -ineligible felony on or after 3
January 1, 2024, but before January 1, 2025, is not eligible for release on 4
parole. 5
(2) As used in this subsection, “parole -ineligible felony” means 6
the same as a felony ineligible to receive earned release credits as defined 7
in § 16-93-1802. 8
9
SECTION 186. Arkansas Code § 16 -93-612 is amended to read as follows: 10
16-93-612. Parole eligibility — Date of offense. 11
(a) A person's parole eligibility shall be determined by the laws in 12
effect at the time of the offense for which he or she is sentenced to the 13
Division of Correction. 14
(b) For an offender serving a sentence for a felony committed before 15
April 1, 1977, § 16-93-601 governs that person's parole eligibility. 16
(c) For an offender serving a sentence for a felony committed between 17
April 1, 1977, and April 1, 1983, § 16 -93-604 governs that person's parole 18
eligibility. 19
(d) For an offender serving a sentence for a felony committed on or 20
after April 1, 1983, but before January 1, 1994, § 16 -93-607 governs that 21
person's parole eligibility. 22
(e) For an offender serving a sentence for a felony committed on or 23
after January 1, 1994, but before January 1, 2025, § 16-93-614 governs that 24
person's parole eligibility, unless otherwise noted and except: 25
(1) If the felony is murder in the first degree, § 5 -10-102, 26
kidnapping, if a Class Y felony, § 5 -11-102(b)(1), aggravated robber y, § 5-27
12-103, rape, § 5-14-103, or causing a catastrophe, § 5 -38-202(a), and the 28
offense occurred after July 28, 1995, but before January 1, 2025, § 16-93-618 29
governs that person's parole eligibility; 30
(2) If the felony is manufacturing methamphetamine, § 5-64-31
423(a) or the former § 5 -64-401, or possession of drug paraphernalia with the 32
intent to manufacture methamphetamine, the former § 5 -64-403(c)(5), and the 33
offense occurred after April 9, 1999, but before January 1, 2025, § 16-93-618 34
governs that person's parole eligibility; 35
(3) If the felony is battery in the second degree, § 5 -13-202, 36 As Engrossed: S3/30/23 H4/5/23 SB495
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aggravated assault, § 5 -13-204, terroristic threatening, § 5 -13-301, domestic 1
battering in the second degree, § 5 -26-304, or residential burglary, § 5 -39-2
201(a), and the offense occurred on or after April 1, 2015, but before 3
January 1, 2025, § 16-93-620 governs that person's parole eligibility; or 4
(4) If the felony was committed by a person who was a minor at 5
the time of the offense, he or she was committed to the former Department of 6
Correction, or to the division, and the offense occurred before, on, or after 7
March 20, 2017, § 16 -93-621 governs the date on which that person's parole . 8
eligibility person becomes eligible for consideration for release; 9
(5) If the felony was committed prior to January 1, 2025, § 16 -10
93-701 et seq. governs procedures for consideration for parole or transfer to 11
the Division of Community Correction; and 12
(6) If the felony was committed on or after January 1, 2025, § 13
16-93-1901 et. seq., governs procedures for consideration for transfer to 14
post-release supervision. 15
(f) For an offender serving a sentence for a felony committed on or 16
after January 1, 1994, but before January 1, 2025, § 16-93-615 governs that 17
person's parole eligibility procedures. 18
(g) Notwithstanding any law allowing the award of meritorious good 19
time, earned release credits, or any other law to the contrary, if the felony 20
is an offense that is subject to delayed release under § 5 -4-405 and was 21
committed on or after Ju ly 28, 2021, the person shall not be eligible for 22
parole or community correction transfer until the person serves a minimum of 23
eighty percent (80%) of the term of imprisonment to which the person is 24
sentenced. 25
26
SECTION 187. Arkansas Code § 16 -93-614(b)(3), concerning offenses 27
committed after January 1, 1994, is amended to read as follows: 28
(3) A person who has committed a felony who is within a target 29
group as currently defined under § 16 -93-1202(10) and who is released on 30
parole shall be eligible, purs uant to rules established by the Parole Post-31
Prison Transfer Board, for commitment to a community correction facility if 32
he or she is found to be in violation of any of his or her parole conditions, 33
unless the parole violation constitutes a nontarget felon y offense. 34
35
SECTION 188. Arkansas Code § 16-93-615(a), concerning parole 36 As Engrossed: S3/30/23 H4/5/23 SB495
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eligibility procedures for offenses committed after January 1, 1994, is 1
amended to read as follows: 2
(a)(1)(A) An inmate under sentence for any felony, except those listed 3
in § 5-4-104(c)(2) or subsection (b) of this section, shall be transferred 4
from the Division of Correction to the Division of Community Correction under 5
this section and §§ 16 -93-614, 16-93-616, and 16-93-617, subject to rules 6
promulgated by the Board of Corrections or the Parole Post-Prison Transfer 7
Board and conditions adopted by the Parole Post-Prison Transfer Board. 8
(B) The determination under subdivision (a)(1)(A) of this 9
section shall be made by reviewing information such as the result of the 10
risk-needs assessment to inform the decision of whether to release a person 11
on parole by quantifying that person's risk to reoffend, and if parole is 12
granted, this information shall be used to set co nditions for supervision. 13
(C) The Parole Post-Prison Transfer Board shall begin 14
transfer release proceedings or a preliminary review under this subchapter no 15
later than six (6) months before a person's transfer eligibility date, and 16
the Parole Post-Prison Transfer Board shall authorize jacket review 17
procedures no later than six (6) months before a person's transfer 18
eligibility at all institutions holding parole -eligible inmates to prepare 19
parole applications. 20
(D) This review may be conducted without a hearing when 21
the inmate has not received a major disciplinary report against him or her 22
that resulted in the loss of good time, there has not been a request by a 23
victim to have input on transfer conditions, and there is no indication in 24
the risk-needs assessment review that special conditions need to be placed on 25
the inmate. 26
(2)(A) When one (1) or more of the circumstances in subdivision 27
(a)(1) of this section are present, the Parole Post-Prison Transfer Board 28
shall conduct a hearing to determine the appropriateness of the inmate for 29
transfer. 30
(B) The Parole Post-Prison Transfer Board has two (2) 31
options: 32
(i) To transfer the individual to the Division of 33
Community Correction accompanied by notice of conditions of the transfer, 34
including without limitation: 35
(a) Supervision levels; 36 As Engrossed: S3/30/23 H4/5/23 SB495
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(b) Economic fee sanction; 1
(c) Treatment program; 2
(d) Programming requirements; and 3
(e) Facility placement when appropriate; or 4
(ii) To deny transfer based on a set of established 5
criteria and to accompany the denial with a prescribed course of action to be 6
undertaken by the inmate to rectify the Parole Post-Prison Transfer Board's 7
concerns. 8
(C) Upon completion of the course of action determined by 9
the Parole Post-Prison Transfer Board and after final review of the inmate's 10
file to ensure successful completion, the Parole Post-Prison Transfer Board 11
shall authorize the inmate's transfer to the Division of Community Correction 12
under this section and §§ 16 -93-614, 16-93-616, and 16-93-617, in accordance 13
with administrative policies and procedures governing the transfer and 14
subject to conditions attached to the transfer. 15
(3) Should an inmate fail to fulfill the course of action 16
outlined by the Parole Post-Prison Transfer Board to facilitate transfer to 17
community correction, it shall be the responsibility of the inmate to 18
petition the Parole Post-Prison Transfer Board for rehearing. 19
(4)(A) The Parole Post-Prison Transfer Board shall conduct open 20
meetings and shall make public its f indings for each eligible candidate for 21
parole. 22
(B)(i) Open meetings held under subdivision (a)(2)(A) of 23
this section may be conducted through video -conference technology if the 24
person is housed at that time in a county jail and if the technology is 25
available. 26
(ii) Open meetings utilizing video -conference 27
technology shall be conducted in public. 28
(5) Inmate interviews and related deliberations may be closed to 29
the public. 30
31
SECTION 189. The introductory language of Arkansas Code § 16 -93-32
615(b)(1), concerning parole eligibility procedures for offenses committed 33
after January 1, 1994, is amended to read as follows: 34
(b)(1) An inmate under sentence for one (1) of the following felonies 35
is eligible for discretionary transfer to the Division of Commu nity 36 As Engrossed: S3/30/23 H4/5/23 SB495
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Correction by the Parole Post-Prison Transfer Board after having served one -1
third (⅓) or one-half (½) of his or her sentence, with credit for meritorious 2
good time, depending on the seriousness determination made by the Arkansas 3
Sentencing Commission, or one-half (½) of the time to which his or her 4
sentence is commuted by executive clemency, with credit for meritorious good 5
time: 6
7
SECTION 190. Arkansas Code § 16 -93-615(b)(3)-(6), concerning parole 8
eligibility procedures for offenses committed after J anuary 1, 1994, are 9
amended to read as follows: 10
(3)(A) Review of an inmate convicted of the enumerated offenses 11
in subdivision (b)(1) of this section shall be based upon policies and 12
procedures adopted by the Parole Post-Prison Transfer Board for the review, 13
and the Parole Post-Prison Transfer Board shall conduct a risk -needs 14
assessment review. 15
(B) The policies and procedures shall include a provision 16
for notification of the victim or victims that a hearing shall be held and 17
records kept of the proce edings and that there be a listing of the criteria 18
upon which a denial may be based. 19
(4) Any transfer of an offender specified in this subsection 20
shall be issued upon an order, duly adopted, of the Parole Post-Prison 21
Transfer Board in accordance with su ch policies and procedures. 22
(5) After the Parole Post-Prison Transfer Board has fully 23
considered and denied the transfer of an offender sentenced for committing an 24
offense listed in subdivision (b)(1) of this section, the Parole Post-Prison 25
Transfer Board may delay any reconsideration of the transfer for a maximum 26
period of two (2) years. 27
(6) Notification of the court, prosecutor, county sheriff, and 28
the victim or the victim's next of kin for a person convicted of an offense 29
listed in subdivision (b)(1) of this section shall follow the procedures set 30
forth below: 31
(A)(i) Before the Parole Post-Prison Transfer Board shall 32
grant any transfer, the Parole Post-Prison Transfer Board shall solicit the 33
written or oral recommendations of the committing court, the prosecuting 34
attorney, and the county sheriff of the county from which the inmate was 35
committed. 36 As Engrossed: S3/30/23 H4/5/23 SB495
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(ii) If the person whose transfer is being 1
considered by the Parole Post-Prison Transfer Board was convicted of one (1) 2
of the offenses enumerated in subdivision (b)(1) of this section, the Parole 3
Post-Prison Transfer Board shall also notify the victim of the crime or the 4
victim's next of kin of the transfer hearing and sha ll solicit written or 5
oral recommendations of the victim or his or her next of kin regarding the 6
granting of the transfer unless the prosecuting attorney has notified the 7
Parole Post-Prison Transfer Board at the time of commitment of the prisoner 8
that the victim or his or her next of kin does not want to be notified of 9
future transfer hearings. 10
(iii) The recommendations shall not be binding upon 11
the Parole Post-Prison Transfer Board in the granting of any transfer but 12
shall be maintained in the inmate' s file. 13
(iv) When soliciting recommendations from a victim 14
of a crime, the Parole Post-Prison Transfer Board shall notify the victim or 15
his or her next of kin of the date, time, and place of the transfer hearing; 16
(B)(i) The Parole Post-Prison Transfer Board shall not 17
schedule transfer hearings at which victims or relatives of victims of crimes 18
are invited to appear at a facility wherein inmates are housed other than the 19
Central Administration Building of the Division of Correction at Pine Bluff. 20
(ii) Nothing herein shall be construed as 21
prohibiting the Parole Post-Prison Transfer Board from conducting transfer 22
hearings in two (2) sessions, one (1) at the place of the inmate's 23
incarceration for interviews with the inmate, the inmate's witnesses, and 24
correctional personnel, and the second session for victims and relatives of 25
victims as set out in subdivision (b)(6)(B)(i) of this section; 26
(C)(i) At the time that any person eligible under 27
subdivision (c)(1) of this section is transferred by the Parole Post-Prison 28
Transfer Board, the Division of Community Correction shall give written 29
notice of the granting of the transfer to the county sheriff, the committing 30
court, and the chief of police of each city of the first class of the county 31
from which the person was sentenced. 32
(ii) If the person is transferred to a county other 33
than that from which he or she was committed, the Parole Post-Prison Transfer 34
Board shall give notice to the chief of police or marshal of the city to 35
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
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first class and the county sheriff of the county to which he or she is 1
transferred, and to the county sheriff of the county from which the person 2
was committed; and 3
(D)(i) It shall be the responsibil ity of the prosecuting 4
attorney of the county from which the inmate was committed to notify the 5
Parole Post-Prison Transfer Board at the time of commitment of the desire of 6
the victim or his or her next of kin to be notified of any future transfer 7
hearings and to forward to the Parole Post-Prison Transfer Board the last 8
known address and telephone number of the victim or his or her next of kin. 9
(ii) It shall be the responsibility of the victim or 10
his or her next of kin to notify the Parole Post-Prison Transfer Board of any 11
change in address or telephone number. 12
(iii) It shall be the responsibility of the victim 13
or his or her next of kin to notify the Parole Post-Prison Transfer Board 14
after the date of commitment of any change in regard to the desir e to be 15
notified of any future transfer hearings. 16
17
SECTION 191. Arkansas Code § 16 -93-615(c)-(i), concerning parole 18
eligibility procedures for offenses committed after January 1, 1994, are 19
amended to read as follows: 20
(c)(1) In all other felonies committed before January 1, 2025 , before 21
the Parole Post-Prison Transfer Board sets conditions for transfer of an 22
inmate to community correction, a victim, or his or her next of kin in cases 23
in which the victim is unable to express his or her wishes, who has expressed 24
the wish to be consulted by the Parole Post-Prison Transfer Board shall be 25
notified of the date, time, and place of the transfer hearing. 26
(2)(A) A victim or his or her next of kin who wishes to be 27
consulted by the Parole Post-Prison Transfer Board shall inform the Parole 28
Post-Prison Transfer Board in writing at the time of sentencing. 29
(B) A victim or his or her next of kin who does not so 30
inform the Parole Post-Prison Transfer Board shall not be notified by the 31
Parole Post-Prison Transfer Board. 32
(3)(A) Victim input to the Parole Post-Prison Transfer Board 33
shall be limited to oral or written recommendations on conditions relevant to 34
the offender under review for transfer. 35
(B) The recommendations shall not be binding on the Parole 36 As Engrossed: S3/30/23 H4/5/23 SB495
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Post-Prison Transfer Board, but shall be given due consideration within th e 1
resources available for transfer. 2
(d)(1) The Parole Post-Prison Transfer Board shall approve a set of 3
conditions that shall be applicable to all inmates transferred from the 4
Division of Correction to the Division of Community Correction. 5
(2) The set of conditions is subject to periodic review and 6
revision as the Parole Post-Prison Transfer Board deems necessary. 7
(e)(1) The course of action required by the Parole Post-Prison 8
Transfer Board shall not be outside the current resources of the Division o f 9
Correction nor the conditions set be outside the current resources of the 10
Division of Community Correction. 11
(2) However, the Division of Correction and Division of 12
Community Correction shall strive to accommodate the actions required by the 13
Board of Corrections or the Parole Post-Prison Transfer Board to the best of 14
their abilities. 15
(f) Transfer is not an award of clemency, and it shall not be 16
considered as a reduction of sentence or a pardon. 17
(g) Every inmate while on transfer status shall remain in the legal 18
custody of the Division of Correction under the supervision of the Division 19
of Community Correction and subject to the orders of the Parole Post-Prison 20
Transfer Board. 21
(h) An inmate who is sentenced under the provisions of § 5 -4-501(c) or 22
§ 5-4-501(d) for a serious violent felony or a felony involving violence may 23
be considered eligible for parole or for community correction transfer upon 24
reaching regular parole or transfer eligibility, but only after reaching a 25
minimum age of fifty -five (55) years. 26
(i) Decisions on parole release, courses of action applicable prior to 27
transfer, and transfer conditions to be set by the Parole Post-Prison 28
Transfer Board shall be based on a reasoned and rational plan developed in 29
conjunction with an accepted r isk-needs assessment tool such that each 30
decision is defensible based on preestablished criteria. 31
32
SECTION 192. Arkansas Code § 16 -93-617(a), concerning revocation of 33
transfer for offenses committed after January 1, 1994, is amended to read as 34
follows: 35
(a) In the event an offender transferred under this section, §§ 16 -93-36 As Engrossed: S3/30/23 H4/5/23 SB495
106 04-05-2023 16:03:12 JLC013
614 — 16-93-616, or § 16-93-618 violates the terms or conditions of his or 1
her transfer, a hearing shall follow all applicable legal requirements and 2
shall be subject to any additional policies and rules set by the Parole Post-3
Prison Transfer Board. 4
5
SECTION 193. The introductory language for Arkansas Code § 16 -93-6
618(a)(1), concerning parole eligibility for Class Y felony offenses and 7
certain methamphetamine offenses, is amended to read as follows: 8
(a)(1) Notwithstanding any law allowing the award of meritorious good 9
time or any other law to the contrary, and subject to provisions requiring 10
that an offender serve a greater percentage of his or her sentence in § 16 -11
93-609 or delayed release under § 5-4-405, a person who is found guilty of or 12
pleads guilty or nolo contendere to subdivisions (a)(1)(A) -(I) of this 13
section for an offense committed before January 1, 2025, shall not be 14
eligible for parole or community correction transfer, except as provided in 15
subdivision (a)(3) of this section or subsection (c) of this section, until 16
the person serves seventy percent (70%) of the term of imprisonment to which 17
the person is sentenced, including a sentence prescribed under § 5 -4-501: 18
19
SECTION 194. Arkansas Code § 16 -93-619 is amended to read as follows: 20
16-93-619. Rulemaking authority. 21
The Parole Post-Prison Transfer Board may adopt rules to implement, 22
administer, and enforce this subchapter. 23
24
SECTION 195. The introductory language of Arkansas Code § 16-93-25
620(a), concerning parole eligibility procedures for offenses committed after 26
April 1, 2015, is amended to read as follows: 27
(a) An inmate sentenced for one (1) of the following felonies on or 28
after April 1, 2015, is eligible for dis cretionary transfer to the Department 29
Division of Community Correction by the Parole Post-Prison Transfer Board 30
after having served one -third (⅓) or one-half (½) of his or her sentence, 31
with credit for meritorious good time, depending on the seriousness 32
determination made by the Arkansas Sentencing Commission, or one -half (½) of 33
the time to which his or her s entence is commuted: 34
35
SECTION 196. Arkansas Code § 16 -93-621, is amended to read as follows: 36 As Engrossed: S3/30/23 H4/5/23 SB495
107 04-05-2023 16:03:12 JLC013
16-93-621. Parole or post-release supervision eligibility — A person 1
who was a minor at the time of committing an offense that was committed 2
before, on, or after March 20, 2017. 3
(a)(1)(A) A minor who was convicted and sentenced to the former 4
Department of Correction or the Division of Correction for an offense 5
committed before he or she was eighteen (18) years of age and in which the 6
death of another person did not occur is eligible for release on parole or 7
transfer to post-release supervision no later than after twenty (20) years of 8
incarceration, including any applicable sentencing enhancements, and 9
including an instance in which multiple sentences are to be s erved 10
consecutively or concurrently, unless by law the minor is eligible for 11
earlier parole or post-release supervision eligibility. 12
(B) Subdivision (a)(1)(A) of this section applies 13
retroactively to a minor whose offense was committed before he or she was 14
eighteen (18) years of age, including a minor serving a sentence of life, 15
regardless of the original sentences that were imposed. 16
(2)(A) A minor who was convicted and sentenced to the department 17
or the division for an offense committed before he or she was eighteen (18) 18
years of age, in which the death of another person occurred, and that was 19
committed before, on, or after March 20, 2017, is eligible for release on 20
parole or transfer to post-release supervision no later than after twenty -21
five (25) years of incarceration if he or she was convicted of murder in the 22
first degree, § 5-10-102, or no later than after thirty (30) years of 23
incarceration if he or she was convicted of capital murder, § 5 -10-101, 24
including any applicable sentencing enhancements , unless by law the minor is 25
eligible for earlier parole or post-release supervision eligibility. 26
(B) Subdivision (a)(2)(A) of this section applies 27
retroactively to a minor whose offense was committed before he or she was 28
eighteen (18) years of age, in cluding minors serving sentences of life, 29
regardless of the original sentences that were imposed. 30
(3) Credit for meritorious good time or earned release credits 31
shall not be applied to calculations of time served under this subsection for 32
minors convicted and sentenced for capital murder, § 5 -10-101(c), or when a 33
life sentence is imposed for murder in the first degree, § 5 -10-102. 34
(4) The calculation of the time periods under this subsection 35
shall include any applicable sentence enhancements to which the minor was 36 As Engrossed: S3/30/23 H4/5/23 SB495
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sentenced that accompany the sentence for the underlying offense. 1
(b)(1) The Parole Post-Prison Transfer Board shall ensure that a 2
hearing to consider the parole or post-release supervision eligibility of a 3
person who was a minor at the tim e of the offense that was committed before, 4
on, or after March 20, 2017, takes into account how a minor offender is 5
different from an adult offender and provides a person who was a minor at the 6
time of the offense that was committed before, on, or after Ma rch 20, 2017, 7
with a meaningful opportunity to be released on parole or post-release 8
supervision based on demonstrated maturity and rehabilitation. 9
(2) During a parole eligibility or transfer hearing involving a 10
person who was a minor at the time of the offense that was committed before, 11
on, or after March 20, 2017, the board shall take into consideration in 12
addition to other factors required by law to be considered by the board: 13
(A) The diminished culpability of minors as compared to 14
that of adults; 15
(B) The hallmark features of youth; 16
(C) Subsequent growth and increased maturity of the person 17
during incarceration; 18
(D) Age of the person at the time of the offense; 19
(E) Immaturity of the person at the time of the offense; 20
(F) The extent of the person's role in the offense and 21
whether and to what extent an adult was involved in the offense; 22
(G) The person's family and community circumstances at the 23
time of the offense, including any history of abuse, trauma, and involvement 24
in the child welfare system; 25
(H) The person's participation in available rehabilitative 26
and educational programs while in prison, if those programs have been made 27
available, or use of self -study for self-improvement; 28
(I) The results of comprehensive mental health evaluations 29
conducted by an adolescent mental health professional licensed in the state 30
at the time of sentencing and at the time the person becomes eligible for 31
parole or transfer to post-release supervision under this section; and 32
(J) Other factors the board deems relevant. 33
(3) A person eligible for parole or transfer to post-release 34
supervision under this section may have an attorney present to represent him 35
or her at the parole eligibility or transfer hearing. 36 As Engrossed: S3/30/23 H4/5/23 SB495
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(c)(1)(A) The board shall notify a victim of the crime before the 1
board reviews parole or transfer eligibility under this section for an inmate 2
convicted of the crime and provide information regarding victim input 3
meetings, as well as state and national victim resource information. 4
(B) If the victim is incapacitated or deceased, the notice 5
under subdivision (c)(1)(A) of this section shall be given to the victim's 6
family. 7
(C) If the victim is less than eighteen ( 18) years of age, 8
the notice under subdivision (c)(1)(A) of this section shall be given to the 9
victim's parent or guardian. 10
(2) Victim notification under this subsection shall include: 11
(A) The location, date, and time of parole or transfer 12
review; and 13
(B) The name and phone number of the individual to contact 14
for additional information. 15
16
SECTION 197. Arkansas Code § 16 -93-622, is amended to read as follows: 17
16-93-622. Parole discharge for offenders who are minors — 18
Reinstatement of rights. 19
(a) The Parole Post-Prison Transfer Board may discharge a person from 20
parole or post-release supervision if: 21
(1) The person: 22
(A) Was released on parole or post-release supervision 23
under § 16-93-621 for having committed an offense as a minor; and 24
(B) Has served at least five (5) years on parole or post-25
release supervision without a violation; and 26
(2) The prosecuting attorney in the county where the person was 27
originally convicted has consented to the discharge of the person from parole 28
or post-release supervision. 29
(b) Unless otherwise provided by Arkansas Constitution, Amendment 51, 30
a person who has been discharged from parole or post-release supervision 31
under subsection (a) of this section shall have his or her constitutional 32
right to vote restored. 33
34
SECTION 198. Arkansas Code § 16 -93-701(a)(1), concerning the authority 35
of the Post-Prison Transfer Board to grant release, is amended to read as 36 As Engrossed: S3/30/23 H4/5/23 SB495
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follows: 1
(a)(1) The Parole Post-Prison Transfer Board may release on parole any 2
eligible inmate who is confined in any correctional institution administered 3
by the Division of Correction or the Division of Community Correction, when 4
in the board's opinion there is a reasonable probability that the inmate can 5
be released without detriment to the communi ty or himself or herself and is 6
able and willing to fulfill the obligations of a law -abiding citizen. 7
8
SECTION 199. Arkansas Code § 16 -93-702(a), concerning recommendations 9
solicited by the Post -Prison Transfer Board is amended to read as follows: 10
(a) Before the Parole Post-Prison Transfer Board shall grant any 11
parole, the board shall solicit the written or oral recommendations of the 12
committing court, the prosecuting attorney, and the county sheriff of the 13
county from which the inmate was committed. 14
15
SECTION 200. Arkansas Code § 16 -93-703(a), concerning place of hearing 16
of the Post-Prison Transfer Board, is amended to read as follows: 17
(a) The Parole Post-Prison Transfer Board shall not schedule parole 18
hearings at which victims or relatives of victims of crime are invited to 19
appear at a facility wherein inmates are housed other than the Central 20
Administration Building of the Division of Correction at Pine Bluff. 21
22
SECTION 201. Arkansas Code § 16 -93-704(a), concerning notice to law 23
enforcement personnel and the committing court before a hearing of the Post -24
Prison Transfer Board, is amended to read as follows: 25
(a) At the time that any person is paroled by the Parole Post-Prison 26
Transfer Board, the board shall give written notice of the granting of the 27
parole to the county sheriff, the committing court, and the chief of police 28
of all cities of the first class of the county from which the person was 29
sentenced. 30
31
SECTION 202. Arkansas Code § 16-93-705(a)(1)(A)(i), concerning 32
procedures for parole revocation, is amended to read as follows: 33
(a)(1)(A)(i) At any time during a parolee's release on parole, the 34
Parole Post-Prison Transfer Board may issue a warrant for the arrest o f the 35
parolee for violation of any conditions of parole or may issue a notice to 36 As Engrossed: S3/30/23 H4/5/23 SB495
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appear to answer a charge of a violation. 1
2
SECTION 203. Arkansas Code § 16 -93-705(a)(4), concerning procedures 3
for parole revocation, is amended to read as follows: 4
(4) Any parole community supervision officer may arrest a 5
parolee without a warrant or may deputize any officer with power of arrest to 6
arrest the parolee without a warrant by giving him or her a written statement 7
setting forth that the parolee, in the judgment of the parole officer, 8
violated conditions of his or her parole. 9
10
SECTION 204. Arkansas Code § 16 -93-705(b)(5)-(8), concerning 11
procedures for parole revocation, are amended to read as follows: 12
(5) If the parole revocation hearing judge finds that the re is 13
reasonable cause to believe that the parolee has violated a condition of 14
parole, the parole revocation hearing judge may order the parolee returned to 15
the nearest facility of the Division of Correction or Division of Community 16
Correction where the pa rolee shall be placed in custody for a parole 17
revocation hearing before the board. 18
(6) If the parole revocation hearing judge finds that there is 19
reasonable cause to believe that the parolee has violated a condition of 20
parole, the parole revocation hearing judge may return the parolee to parole 21
supervision rather than to the custody of the Division of Correction and may 22
impose additional supervision conditions in response to the violating 23
conduct. 24
(7) If the parole revocation hearing judge does not find 25
reasonable cause, he or she shall order the parolee released from custody, 26
but that action shall not bar the board from holding a parole revocation 27
hearing on the alleged violation of parole or from ordering the parolee to 28
appear before the board. 29
(8) The parole revocation hearing judge shall prepare and 30
furnish to the board and the parolee a summary of the parole revocation 31
hearing, including the substance of the evidence and testimony considered 32
along with the ruling or determination, within twenty -one (21) days from the 33
date of the preliminary hearing, excluding a weekend, holiday, or delay 34
caused by an act of nature. 35
36 As Engrossed: S3/30/23 H4/5/23 SB495
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SECTION 205. Arkansas Code § 16 -93-705(d)(1), concerning procedures 1
for parole revocation, is amended to read as follows: 2
(1) The parolee shall have the right to confront and cross -3
examine adverse witnesses unless the parole revocation hearing judge or the 4
board or its designee specifically finds good cause for not allowing 5
confrontation; and 6
7
SECTION 206. Arkansas Code § 16 -93-706(a)(1), concerning the subpo ena 8
of witnesses and documents for a parole revocation hearing, is amended to 9
read as follows: 10
(a)(1) The Chair of the Parole Post-Prison Transfer Board or his or 11
her designee, the hearing officer presiding over any preliminary hearing with 12
respect to an alleged parole violation, the administrator of the Parole Post-13
Prison Transfer Board, or any member of the board pursuant to the authority 14
of the board to meet and determine whether to revoke parole shall have the 15
power to issue oaths and to subpoena witn esses to appear and testify and 16
bring before the hearing officer or the board any relevant books, papers, 17
records, or documents. 18
19
SECTION 207. Arkansas Code § 16 -93-708(b)(1)(A), concerning home 20
detention as a parole alternative, is amended to read as fo llows: 21
(b)(1)(A) Subject to the provisions of subdivision (b)(2) of this 22
section, a defendant convicted of a felony or misdemeanor and sentenced to 23
imprisonment may be incarcerated in a home detention program when the 24
Director of the Department Division of Correction or the Director of the 25
Department Division of Community Correction communicates to the Parole Post-26
Prison Transfer Board when, in the independent opinions of either a 27
Department Division of Correction physician or Department Division of 28
Community Correction physician and a consultant physician in Arkansas, an 29
inmate is either terminally ill, permanently incapacitated, or would be 30
suitable for hospice care and should be considered for transfer to parole 31
supervision. 32
33
SECTION 208. Arkansas Code § 16-93-708(b)(1)(B), concerning home 34
detention as a parole alternative, is amended to read as follows: 35
(B) The Director of the Department Division of Correction 36 As Engrossed: S3/30/23 H4/5/23 SB495
113 04-05-2023 16:03:12 JLC013
or the Director of the Department Division of Community Correction shall make 1
the facts described in subdivision (b)(1)(A) of this section known to the 2
Parole Post-Prison Transfer Board for consideration of early release to home 3
detention. 4
5
SECTION 209. Arkansas Code § 16 -93-709(a), concerning the prohibition 6
on a sex offender residing with a minor, is amended to read as follows: 7
(a) Whenever an inmate in a facility of the Division of Correction who 8
has been found guilty of or has pleaded guilty or nolo contendere to any 9
sexual offense defined in § 5-14-101 et seq., or incest as defined by § 5 -26-10
202, and the sexual offense or incest was perpetrated against a minor, 11
becomes eligible for parole and makes application for release on parole, the 12
Parole Post-Prison Transfer Board shall prohibit, as a condition of granting 13
the parole, the parolee from residing upon parole in a residence with any 14
minor, unless the board makes a specific finding that the inmate poses no 15
danger to the minors residing in the residence. 16
17
SECTION 210. Arkansas Code § 16 -93-710(a)(1), concerning parole for 18
inmates who have served imprisonment in the county jail prior to being 19
processed into the Division of Correction, is amended to read as follows: 20
(a)(1) Subject to conditions set by the Parole Post-Prison Transfer 21
Board, an offender convicted of a felony and sentenced to a term of 22
imprisonment of two (2) years or less in the Division of Correction, and who 23
has served his or her term of imprisonment in a county jail prior to being 24
processed into the Division of Correction, may be paroled from the Division 25
of Correction county jail backup facility directly to the Division of 26
Community Correction under parole supervision, and upon eligibility 27
determination, processed for release by the board. 28
29
SECTION 211. Arkansas Code § 1 6-93-711(b)(1)(B), concerning electronic 30
monitoring as a parole alternative, is amended to read as follows: 31
(B) The Director of the Department Division of Correction 32
shall make the facts described in subdivision (b)(1)(A) of this section known 33
to the Parole Post-Prison Transfer Board for consideration of electronic 34
monitoring. 35
36 As Engrossed: S3/30/23 H4/5/23 SB495
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SECTION 212. Arkansas Code § 16 -93-712(a)(1), concerning parole 1
supervision, is amended to read as follows: 2
(a)(1) The Parole Post-Prison Transfer Board shall establish writ ten 3
policies and procedures governing the supervision of parolees designed to 4
enhance public safety and to assist the parolees in reintegrating into 5
society. 6
7
SECTION 213. The introductory language of Arkansas Code § 16 -93-8
712(b), concerning parole supervision, is amended to read as follows: 9
(b) A parole community supervision officer shall: 10
11
SECTION 214. Arkansas Code § 16 -93-712(b)(1), concerning the duties of 12
a community supervision officer in relation to parole supervision, is amended 13
to read as follows: 14
(1) Investigate each case referred to him or her by the Chair of 15
the Parole Post-Prison Transfer Board, the Division of Community Correction, 16
or the prosecuting attorney; 17
18
SECTION 215. Arkansas Code § 16 -93-712(d)(2)(A)(i) and (ii), 19
concerning the sanctioning grid required for parole supervision, are amended 20
to read as follows: 21
(2)(A)(i) The Division of Community Correction shall develop an 22
intermediate sanctions procedure and grid to guide a parole community 23
supervision officer in determining the appropriate response to a violation of 24
conditions of supervision. 25
(ii) The intermediate sanctions procedure shall 26
include a requirement that the parole community supervision officer consider 27
multiple factors when determining the sanction t o be imposed, including 28
previous violations and sanctions and the severity of the current and prior 29
violation. 30
31
SECTION 216. Arkansas Code § 16 -93-712(d)(2), concerning the 32
sanctioning grid required for community supervision, is amended to add an 33
additional subdivision to read as follows: 34
(C) The intermediate sanctioning grid shall include: 35
(i) An assignment of point values to commonly 36 As Engrossed: S3/30/23 H4/5/23 SB495
115 04-05-2023 16:03:12 JLC013
occurring violations of terms of parole or criminal behavior; 1
(ii) An assignment of point values to behaviors that 2
decrease the likelihood of recidivism, including without limitation: 3
(a) Education; 4
(b) Workforce development; 5
(c) Community service; and 6
(d) Behavioral health programming; 7
(iii) Details on the mechanisms by which points are 8
accumulated and reduced; and 9
(iv) Guidance on which intermediate sanctions should 10
be applied at which point thresholds. 11
12
SECTION 217. Arkansas Code § 16 -93-712(d)(2)(B)(d), concerning 13
sanctions permitted for parole supervision, is amended to read as follows: 14
(d) A parolee may not be incarcerated more 15
than two (2) times as a parole sanction in a Division of Community Correction 16
facility or Division of Correction facility during a two-year period. 17
18
SECTION 218. Arkansas Code § 16-93-712(d)(3)(E)(ii)(b), concerning 19
sanctions permitted for parole supervision, is amended to read as follows: 20
(b) A parolee shall accumulate no more than 21
twenty-one (21) days' incarceration in a county jail or no more than two 22
hundred forty (240) days' incarceration in a Division of Community Correction 23
facility or Division of Correction facility as an intermediate sanction 24
before the parole community supervision officer recommends a violation of the 25
person's parole under § 16 -93-706. 26
27
SECTION 219. Arkansas Code § 16 -93-713, is amended to read as follows: 28
16-93-713. Rulemaking authority. 29
The Parole Post-Prison Transfer Board may adopt rules to implement, 30
administer, and enforce this subchapter. 31
32
SECTION 220. Arkansas Code § 16 -93-714, is amended to read as follows: 33
16-93-714. Denial of parole — Detriment to the community. 34
The Parole Post-Prison Transfer Board may deny parole to any otherwise 35
eligible person, regardless of the sentence that he or she is serving, if 36 As Engrossed: S3/30/23 H4/5/23 SB495
116 04-05-2023 16:03:12 JLC013
five (5) members of the board determine that the person upon release would be 1
a detriment to the community into which the person would be released. 2
3
SECTION 221. Arkansas Code § 16 -93-715(b)(2)(C), concerning revocation 4
of parole after sanctions for technical violations, is a mended to read as 5
follows: 6
(C) A parolee is subject to having his or her parole 7
revoked and being returned to the Division of Correction or the Division of 8
Community Correction under this section without having been sanctioned for a 9
period of confinement set out under § 16 -93-712(d) or subdivision (a)(1) of 10
this section if the Parole Post-Prison Transfer Board determines by a 11
preponderance of the evidence that the parolee is engaging in or has engaged 12
in behavior that poses a threat to the community. 13
14
SECTION 222. Arkansas Code § 16 -93-1202(4), concerning the definitions 15
to be used in relation to community correction, is amended to read as 16
follows: 17
(4) “Division of Community Correction” means the administrative 18
structure in place to oversee the deve lopment and operation of community 19
correction facilities, programs, and services, including probation , and 20
parole, and post-release supervision; 21
22
SECTION 223. Arkansas Code § 16 -93-1202(8), concerning the definitions 23
to be used in relation to community correction, is amended to read as 24
follows: 25
(8) “Supervision” means direct supervision at varying levels of 26
intensity by either probation community supervision officers in the case of 27
sentences to probation with a condition of community correction , or parole 28
and post-prison supervision officers, in the case of or offenders eligible 29
for release on parole or offenders transferred to community correction or 30
community supervision from the Division of Correction; 31
32
SECTION 224. Arkansas Code § 16 -93-1202(10), concerning the 33
definitions to be used in relation to community correction, is amended to 34
read as follows: 35
(10)(A)(i) “Target group” means a group of offenders who have 36 As Engrossed: S3/30/23 H4/5/23 SB495
117 04-05-2023 16:03:12 JLC013
committed one (1) or more of the following offenses without limitation: 1
(a) Terroristic threatening, § 5 -13-301, if a 2
firearm was not used or brandished during the commission of the offense; 3
(b)(a) Endangering the welfare of a minor in the 4
first degree, § 5-27-205; 5
(c)(b) Theft, § 5-36-101 et seq.; 6
(d)(c) Theft by receiving, § 5-36-106; 7
(e)(d) Fraudulent use of a credit card or debit 8
card, § 5-37-207; 9
(f)(e) Violation of the Arkansas Hot Check Law, § 5 -10
37-301 et seq.; 11
(g)(f) Criminal mischief in the first degree, § 5 -12
38-203, and criminal mischief in the second degree, § 5 -38-204; 13
(h)(g) Commercial burglary, § 5 -39-201(b); 14
(i)(h) Breaking or entering, § 5 -39-202; 15
(j)(i) Failure to appear, § 5 -54-120; 16
(k)(j) Drug paraphernalia, § 5 -64-443; 17
(l)(k) Driving or boating while intoxicated, § 5 -65-18
103, fourth or subsequent offense; 19
(m)(l) Leaving the scene of an accident resulting in 20
death or injury, § 27 -53-101; 21
(n)(m) A Class B felony, Class C felony, or Class D 22
felony that is not violent or sexual and that meets the eligibility criteria 23
determined by the General Assembly to have significant impact on the use of 24
correctional resources; 25
(o)(n) A controlled substance felony, other than 26
trafficking a controlled substance, § 5 -64-440; 27
(p)(o) An unclassified felony for which the 28
prescribed limitations on the sentence do not exceed the prescribed 29
limitations for a Class B felony and that is not violent or sexual; and 30
(q)(p) Solicitation, attempt, or conspiracy to 31
commit an offense listed in this subdivision (10)(A)(i). 32
(ii) As used in this subdivision (10)(A), “violent or 33
sexual” includes: 34
(a) An offense against the person under § 5 -10-101 35
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
118 04-05-2023 16:03:12 JLC013
310, and § 5-14-101 et seq.; and 1
(b) A felony ineligible to receive earned release 2
credits or a restricted release felony, as defined in § 16 -93-1802; and 3
(b)(c) An offense containing as an element of the 4
offense the use of physical force, the threatened use of serious physical 5
force, the infliction of physical injury, or the creation of a substantial 6
risk of serious physical injury, and an offense for which the offender is 7
required to register as a sex offender under the Sex Offender Registration 8
Act of 1997, § 12-12-901 et seq. 9
(iii) For the purpose of the sealing of a criminal record 10
under § 16-93-1207, “target group” includes any misdemeanor conviction exc ept 11
a misdemeanor conviction for which the offender is required to register as a 12
sex offender or a misdemeanor conviction for driving while intoxicated. 13
(B) Except for those offenders assigned to a technical violator 14
program, only those offenders fallin g within the target group population may 15
access community correction facilities whether by judicial transfer, 16
administrative transfer, drug court sanction, or probation sanction. 17
(C) Final determination of eligibility for placement in any 18
community correction center or program is the responsibility of the Division 19
of Community Correction; 20
21
SECTION 225. Arkansas Code § 16 -93-1208(a)(1)(A), concerning post -22
commitment transfer to community correction, is amended to read as follows: 23
(a)(1)(A) Upon commitment of an eligible offender to the Division of 24
Correction, the Division of Correction will transfer the eligible offender to 25
a community correction program, when he or she reaches his or her transfer 26
date, in accordance with the rule s promulgated by the Board of Corrections 27
and conditions set by the Parole Post-Prison Transfer Board. 28
29
SECTION 226. Arkansas Code § 16 -93-1208(a)(2), concerning post -30
commitment transfer to community correction, is amended to read as follows: 31
(2) A person eligible for release from incarceration on parole 32
or post-release supervision may be placed in community correction programming 33
while under parole supervision or post-release supervision upon the 34
recommendation of the condition by the releasing author ity. 35
36 As Engrossed: S3/30/23 H4/5/23 SB495
119 04-05-2023 16:03:12 JLC013
SECTION 227. Arkansas Code § 16 -93-1209, concerning post -commitment 1
transfer to community correction, is amended to read as follows: 2
16-93-1209. Liability. 3
The Division of Correction, the Board of Corrections, the Division of 4
Community Correction, the Parole Post-Prison Transfer Board, and all 5
governmental agencies and units utilizing eligible offenders in community 6
correction programs as defined in this subc hapter are immune from liability 7
and suit for damages, and no tort action shall lie against the Division of 8
Correction, the Board of Corrections, the Division of Community Correction, 9
the Parole Post-Prison Transfer Board, and any governmental agency or un it or 10
any of their employees because of any acts of eligible offenders utilized 11
under the provisions of this subchapter. 12
13
SECTION 228. Arkansas Code § 16 -93-1401(2), concerning notification of 14
offenders' acquired immune deficiency syndrome status and rel ated 15
definitions, is amended to read as follows: 16
(2) “Parole or probation Community supervision officer” means a 17
parole, post-release supervision, or probation officer of the Department 18
Division of Community Correction. 19
20
SECTION 229. Arkansas Code § 1 6-93-1402(a), concerning notification of 21
offenders' acquired immune deficiency syndrome status, is amended to read as 22
follows: 23
(a) The purpose of this subchapter is to provide parole or probation 24
community supervision officers with information so they ca n make informed 25
programming decisions and direct offenders to autoimmune deficiency syndrome -26
related resources, including appropriate financial, housing, legal, medical, 27
and counseling services. 28
29
SECTION 230. Arkansas Code § 16 -93-1402(b), concerning not ification of 30
offenders' acquired immune deficiency syndrome status, is amended to read as 31
follows: 32
(b) Upon the release of an offender from a correctional institution, a 33
medical representative of the correctional institution shall notify the 34
offender's parole or probation community supervision officer when the 35
offender has tested positive for infection with human immunodeficiency virus 36 As Engrossed: S3/30/23 H4/5/23 SB495
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(HIV), or has been diagnosed as having acquired deficiency syndrome (AIDS) or 1
acquired immune deficiency syndrome -related conditions. 2
3
SECTION 231. Arkansas Code § 16 -93-1402(c), concerning notification of 4
offenders' acquired immune deficiency syndrome status, is amended to read as 5
follows: 6
(c) Information obtained by a parole or probation community 7
supervision officer pursuant to this subchapter shall be confidential and 8
shall not be disclosed except as specifically authorized by this subchapter. 9
10
SECTION 232. Arkansas Code § 16 -93-1602(3)(A), concerning definitions 11
related to transitional housing for offenders transferring from the Division 12
of Correction, is amended to read as follows: 13
(3)(A) “Transitional housing” means a program that provides 14
housing for one (1) or more offenders who either have been transferred or 15
paroled from the Division of Correction by the Parole Post-Prison Transfer 16
Board or placed on probation by a circuit court or district court. 17
18
SECTION 233. Arkansas Code § 16 -93-1603(b)(1), concerning powers and 19
duties of the Board of Corrections related to transitional housing for 20
offenders transferring from the Division of Correction, is amended to read as 21
follows: 22
(b)(1) The Parole Post-Prison Transfer Board, a district court, or a 23
circuit court shall not release a transferee, parolee, or probationer to a 24
transitional housing facility as a resident unless the transitional housing 25
facility provides a copy of a current license issued by the Division of 26
Community Correction under § 16 -93-1604. 27
28
SECTION 234. Arkansas Code § 16 -97-103(1), concerning relevant 29
evidence related to sentencing, is amended to read as follows: 30
(1) The law applicable to parole, post-release supervision, 31
meritorious good time, earned release credits, or transfer; 32
33
SECTION 235. Arkansas Code § 16 -112-208(c)(2)(C), concerning actions a 34
court may take upon finding tha t a person's assertion of actual innocence is 35
false, is amended to read as follows: 36 As Engrossed: S3/30/23 H4/5/23 SB495
121 04-05-2023 16:03:12 JLC013
(C) Forward the finding to the Board of Corrections for 1
consideration in the awarding of meritorious good time or earned release 2
credits to the person; or 3
4
SECTION 236. Arkansas Code § 16 -112-208(c)(2)(D), concerning new 5
evidence based on new deoxyribonucleic acid technology, is amended to read as 6
follows: 7
(D) Forward the finding to the Parole Post-Prison Transfer 8
Board for consideration in the granting of parol e or post-release supervision 9
to the person. 10
11
SECTION 237. Arkansas Code § 17 -1-103(d)(1), concerning registration, 12
certification, and licensing for criminal offenders and evidence of 13
rehabilitation, is amended to read as follows: 14
(1) Probation, or parole, or post-release supervision; and 15
16
SECTION 238. Arkansas Code § 17 -19-301(a), concerning premiums for 17
bail bonds, is amended to read as follows: 18
(a)(1) With the exception of other provisions of Except as provided in 19
this section, the premium or compensation for giving bond or depositing money 20
or property as bail on any bond shall be ten percent (10%), except that the 21
amount may be rounded up to the nearest five -dollar amount. 22
(2)(A) The premium or compensation under subdivision (a)(1) of 23
this section shall be deposited in full prior to release. 24
(B) In no event shall all or a portion of the premium or 25
compensation under subdivision (a)(1) of this section be deposited after 26
release. 27
(3) If property is deposited as bail to meet the pr emium or 28
compensation under subdivision (a)(1) of this section, appropriate 29
documentation shall be submitted to the court verifying: 30
(A) The value of the property deposited as bail; and 31
(B) That title to the property has been transferred to the 32
surety. 33
34
SECTION 239. Arkansas Code § 19 -5-302(12)(B)(ii), concerning the 35
Miscellaneous Agencies Fund Account that is part of the State General 36 As Engrossed: S3/30/23 H4/5/23 SB495
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Government Fund, is amended to read as follows: 1
(ii) Nonrevenue income derived from services 2
provided by the probation, parole, post-release supervision, and community 3
correction program; and 4
5
SECTION 240. Arkansas Code § 19 -6-301(31), concerning enumerated 6
special revenues, is amended to read as follows: 7
(31) Fees recovered from ex -offenders on probatio n, or parole, 8
or post-release supervision from a facility of the Division of Community 9
Correction, as enacted by Acts 1981, No. 70, and all laws amendatory thereto, 10
§ 16-93-104; 11
12
SECTION 241. Arkansas Code § 19 -10-204(b)(5), concerning the 13
jurisdiction of the Arkansas State Claims Commission, is amended to read as 14
follows: 15
(5) Brought against the Division of Community Correction for 16
acts committed by a person while that person is subject to conditions of 17
parole, post-release supervision, or probation under Arkansas law; 18
19
SECTION 242. Arkansas Code § 20 -13-1704(b), concerning immunity for 20
seeking medical assistance related to a controlled substance, is amended to 21
read as follows: 22
(b) A person shall not be subject to penalties for a violation of a 23
permanent or temporary protective order or restraining order or sanctions for 24
a violation of a condition of pretrial release, condition of probation, or 25
condition of parole or post-release supervision based on the possession of a 26
controlled substance in violation of § 5 -64-419 if the penalties or sanctions 27
are related to the seeking of medical assistance. 28
29
SECTION 243. Arkansas Code § 20 -18-306 is amended to read as follows: 30
20-18-306. Fees for certified copies. 31
(a) All Except as provided in subsections (b) and (c) of this section, 32
all fees for certified copies of vital records or vital reports under this 33
chapter are listed in § 20-7-123. 34
(b)(1) However, certified Certified copies of the records shall be 35
furnished to veterans or their dependents without costs when the Department 36 As Engrossed: S3/30/23 H4/5/23 SB495
123 04-05-2023 16:03:12 JLC013
of Veterans Affairs requires certified copies of the records. 1
(2) Any veteran or his or her dependents shall make application 2
and shall execute an unnota rized affidavit that he or she is a veteran or a 3
dependent of a veteran in order to obtain the free certified copy of any 4
vital record. 5
(3) Any person who falsely or fraudulently makes an application 6
and unnotarized affidavit that he or she is a veteran or a dependent of a 7
veteran when the person is not a veteran or a dependent of a veteran shall be 8
guilty of a misdemeanor. Upon conviction, the person shall be subject to a 9
fine of not less than fifty dollars ($50.00) nor more than two hundred fifty 10
dollars ($250) or imprisonment for not less than thirty (30) days nor more 11
than six (6) months, or both fine and imprisonment. 12
(c) Certified copies of the records shall be furnished to the 13
Department of Corrections on behalf on a state inmate without costs wh en 14
requested as release documentation for the state inmate. 15
16
SECTION 244. Arkansas Code § 20 -38-105(d)(3)(D), concerning exceptions 17
to background checks and disqualification from employment, is amended to read 18
as follows: 19
(D) The person has completed probation, or parole, or 20
post-release supervision, paid all court -ordered fees or fines, including 21
restitution, and fully complied with all court orders pertaining to the 22
conviction or plea; 23
24
SECTION 245. Arkansas Code § 20 -76-410(a)(6), concerning cond uct that 25
warrants a reduction in a grant of assistance, is amended to read as follows: 26
(6) The individual flees prosecution or custody or confinement 27
following conviction or is in violation of the terms or conditions of parole , 28
post-release supervision, or probation. 29
30
SECTION 246. Arkansas Code § 25 -16-904(11), concerning state boards 31
that may pay a stipend to members, is amended to read as follows: 32
(11) Parole Post-Prison Transfer Board; 33
34
SECTION 247. Arkansas Code § 25 -43-402(a)(7), concerning s tate 35
entities transferred to the Department of Corrections, is amended to read as 36 As Engrossed: S3/30/23 H4/5/23 SB495
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follows: 1
(7) The Parole Post-Prison Transfer Board, created under § 16 -2
93-201; 3
4
SECTION 248. Arkansas Code § 25 -43-403(c), concerning the Secretary of 5
the Department of Corrections, is amended to read as follows: 6
(c) The secretary may perform all duties to administer the department, 7
subject to Arkansas Constitution, Amendment 33, including without limitation: 8
(1) Delegate to the employees of the department any of the 9
powers or duties of the department required to administer the: 10
(A) Statutory duties; or 11
(B) Rules, orders, or directives promulgated or issued by 12
the state entities transferred to or established within the department; 13
(2) Hire department personnel; and 14
(3) Perform or assign duties assigned to the department or to 15
the employees of the department ; and 16
(4)(A) Ensure compliance with the balanced correctional plan 17
developed under § 16 -90-802(d)(4) by reviewing the str ategic plans of the 18
state entities transferred to or established within the department . 19
(B) Review by the secretary under subdivision (c)(4)(A) of 20
this section shall be conducted before the review and approval of the 21
authority of a state entity that is required to develop a strategic plan. 22
23
SECTION 249. Arkansas Code § 27 -16-816 is amended to read as follows: 24
27-16-816. Probationer and parolee restricted permits. 25
(a)(1) If a person is on probation , or parole, or post-release 26
supervision, or is within ninety (90) days of release on probation , or 27
parole, or post-release supervision, for an offense that did not involve the 28
operation of a motor vehicle and he or she has his or her license suspended 29
for a reason not listed under § 27 -16-915(b)(2)(C), the person may be 30
eligible for a restricted driving permit under this section that permits the 31
holder to drive a motor vehicle directly to and directly home from: 32
(A) A place where he or she is employed; 33
(B) A place where he or she, or his or her minor child, 34
attends school; 35
(C) A scheduled meeting with his or her probation or 36 As Engrossed: S3/30/23 H4/5/23 SB495
125 04-05-2023 16:03:12 JLC013
parole community supervision officer; or 1
(D) Any place, location, or meeting that the person's 2
probation or parole community supervision officer has directed t he person on 3
probation or parole to travel to or attend. 4
(2) This section does not apply to a person with an expired 5
driver's license or a person who has failed to comply with license 6
reinstatement requirements under § 5 -65-115(a) and § 5-65-121. 7
(3) The Department of Corrections shall provide access to the 8
programs required under § 5 -65-115(a) and § 5-65-121 to inmates. 9
(b)(1)(A) The application for a restricted driving permit under this 10
section by a person on probation , or parole, or post-release supervision may 11
be submitted electronically to the Department of Finance and Administration 12
by a probation or parole community supervision officer employed by the 13
Division of Community Correction. 14
(B) The department Department of Finance and 15
Administration shall determine whether the restricted driving permit that 16
allows a person on probation , or parole, or post-release supervision to drive 17
a motor vehicle to and from a place listed under subsection (a) of this 18
section shall be issued. 19
(2)(A) A restricted driving permit issued under this section 20
shall be a standardized permit, and the person possessing a restricted 21
driving permit under this section shall have the restricted driving permit in 22
his or her possession at all times when the person is operat ing a motor 23
vehicle until the person's driver's license is no longer suspended. 24
(B)(i) A restricted driving permit shall include the 25
address of the person's residence and the address of each location to and 26
from where the person is permitted to drive u nder this section. 27
(ii) The person's name and address on a restricted 28
driving permit under this section shall match the person's name and address 29
as listed on a valid state -issued identification in the person's possession. 30
(3) The department Department of Finance and Administration may 31
revoke a restricted driving permit under this section at any time and for any 32
reason. 33
(c) A person who knowingly creates a fraudulent restricted driving 34
permit, the purpose of which is to be used as a restrict ed driving permit 35
under this section upon conviction is guilty of a Class A misdemeanor. 36 As Engrossed: S3/30/23 H4/5/23 SB495
126 04-05-2023 16:03:12 JLC013
(d) A motor vehicle liability insurance carrier may provide liability 1
insurance for a person issued a restricted driving permit under this section 2
but is not required to issue an insurance policy for a person who has been 3
issued a restricted driving permit under this section. 4
(e)(1) A person on probation , or parole, or post-release supervision 5
who has been issued a restricted driving permit under this section shall 6
continue to have his or her driver's license suspended until the person has 7
satisfied all the requirements necessary to remove his or her driver's 8
license from suspension. 9
(2) Once the person on probation , or parole, or post-release 10
supervision has his or her driver's license removed from suspension, he or 11
she shall be free from the restrictions placed on him or her under this 12
section. 13
(f) A restricted driving permit issued under this section expires on 14
the date on which the person is released from pro bation, or parole, or post-15
release supervision. 16
(g) The division and the department Department of Finance and 17
Administration may promulgate rules to implement this section. 18
19
SECTION 250. TEMPORARY LANGUAGE. DO NOT CODIFY. Legislative 20
Recidivism Reduction Task Force – Creation – Membership – Duties. 21
(a) There is created the Legislative Recidivism Reduction Task Force. 22
(b) The task force shall consist of the following nineteen (19) 23
members: 24
(1) One (1) member appointed by the Chief Justice o f the Supreme 25
Court; 26
(2) Nine (9) members appointed by the Governor, as follows: 27
(A) One (1) member who is a county sheriff; 28
(B) One (1) member who is a representative of the Arkansas 29
Public Defender Commission; 30
(C) One (1) member who is a p ublic defender; 31
(D) One (1) member who is a prosecuting attorney; 32
(E) One (1) member who is a member of the executive board 33
of the Arkansas Association of Chiefs of Police; 34
(F) One (1) member who is a victim of crime or an advocate 35
for victims of crime; 36 As Engrossed: S3/30/23 H4/5/23 SB495
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(G) One (1) member who is a member of a community affected 1
by crime and who may be a person with personal experience in the criminal 2
justice system; and 3
(H) Two (2) at-large members who are representative of the 4
racial, ethnic, gender, or geographical diversity of the state; 5
(3) Two (2) members of the Senate appointed by the President Pro 6
Tempore of the Senate; 7
(4) Two (2) members of the House of Representatives appointed by 8
the Speaker of the House of Representatives; 9
(5) The Chair of the Board of Corrections, or his or her 10
designee; 11
(6) The Chair of the Arkansas Parole Board, or his or her 12
designee; 13
(7) The Secretary of the Department of Corrections, o r his or 14
her designee; 15
(8) The Director of the Division of Community Correction, or his 16
or her designee; and 17
(9) The Attorney General, or his or her designee. 18
(c) If a vacancy occurs on the task force, the vacancy shall be filled 19
by the same process as the original appointment. 20
(d)(1) The Senate members appointed by the President Pro Tempore of 21
the Senate shall call the first meeting of the task force no later than 22
August 31, 2023. 23
(2) At the first meeting of the task force, the members of the 24
task force shall elect from the membership a chair and other officers as 25
needed for the transaction of its business. 26
(3) The task force shall meet at least quarterly at the call of 27
the chair or a majority of the members of the task force. 28
(4) The task force shall meet at the State Capitol Building or 29
in the legislative committee rooms in the Multi -Agency Complex on the State 30
Capitol grounds. 31
(e)(1) The task force shall adopt rules and procedures for conducting 32
its business. 33
(2) Nine (9) members of the task force shall constitute a quorum 34
for transacting business. 35
(f) The purpose of the task force is to study and recommend 36 As Engrossed: S3/30/23 H4/5/23 SB495
128 04-05-2023 16:03:12 JLC013
improvements to the criminal justice system outcomes in the State of 1
Arkansas. 2
(g) To achieve this purpose, the task f orce, working with the support 3
of the Council of State Governments Justice Center, shall: 4
(1) Conduct a comprehensive data analysis to identify the 5
drivers of Arkansas’s high recidivism rates; 6
(2) Examine the effectiveness of current supervision practices 7
and responses to technical violations of supervision; 8
(3) Identify unnecessary barriers to successful reentry into 9
society; 10
(4) Determine gaps in behavioral health treatment, workforce 11
training, and other services for people on supervision and reentering society 12
from incarceration; 13
(5) Use data to identify how recidivism contributes to overall 14
crime and incarceration rates; and 15
(6) Develop data-driven recommendations for reducing recidivism 16
and improving outcomes for people on supervis ion and reentering society from 17
incarceration. 18
(h)(1) On or before December 31, 2023, the task force shall submit a 19
preliminary report to the Legislative Council, the Governor, and the Chief 20
Justice of the Supreme Court. 21
(2) On or before December 1, 2 024, the task force shall submit 22
its final report to the Legislative Council, the Governor, and the Chief 23
Justice of the Supreme Court. 24
(3) The preliminary report and the final report shall include 25
the task force’s activities, findings, and recommendati ons, including without 26
limitation: 27
(A) Recommendations for improvements to criminal justice 28
system outcomes; 29
(B) A summary of projected savings to the State of 30
Arkansas to be generated from adoption of the recommendations of the task 31
force; and 32
(C) The projected impact on public safety in the state 33
with adoption of the recommendations of the task force. 34
(i) The task force shall expire on December 31, 2024. 35
36 As Engrossed: S3/30/23 H4/5/23 SB495
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SECTION 251. DO NOT CODIFY. CORRECTION OF TECHNICAL ERRORS RELATED TO 1
IMPLEMENTATION OF the "Protect Arkansas Act". 2
(a)(1) The General Assembly finds that: 3
(A) The implementation of this act involves a multitude of 4
changes to existing Arkansas law; 5
(B) Many of the changes implicated by this act are highly 6
technical and require careful study of the purpose and context of each 7
Arkansas Code section, with the need for some of the changes not becoming 8
apparent until the implementation of this act; 9
(C) When implementing revisions as large and comprehensive 10
as the changes under this act, it is inevitable that certain sections of the 11
Arkansas Code requiring technical changes to follow the intent of this act 12
will be either omitted or amended in a manner that is later found to be 13
erroneous and unintentional; 14
(D) It is likewise inevitable that other acts enacted by 15
the Ninety-fourth General Assembly will not take into account the changes in 16
this act, resulting in technical inconsistencies between newly passed laws; 17
and 18
(E) If the correct statutory change to remedy an 19
unintentional error or an inconsistency between this act and another act of 20
the Ninety-fourth General Assembly is readily apparent and consistent with 21
the intent of this act, the unintentional error or inconsistency should be 22
corrected as part of the codification process due to the technical nature of 23
the unintentional error or inconsistency. 24
(2) It is the intent of the General Assembly to empower the 25
Arkansas Code Revision Commission to correct technical errors identified in 26
the Arkansas Code during the implem entation of this act to allow this act to 27
be fully implemented. 28
(b)(1)(A) Any person or state entity identifying one (1) or more 29
sections of the Arkansas Code that require revision to implement the intent 30
of this act may notify the Director of the Bure au of Legislative Research or 31
his or her designee of the section or sections at issue. 32
(B) If the Bureau of Legislative Research, while assisting 33
the commission with the commission's powers and duties, becomes aware of one 34
(1) or more sections of the A rkansas Code that require revision to implement 35
the intent of this act for which it appears that the bureau and the 36 As Engrossed: S3/30/23 H4/5/23 SB495
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commission do not have authority to make the necessary revision under § 1 -2-1
303(d), the bureau may notify the commission of the section or s ections at 2
issue. 3
(2) If the commission determines that the revision necessary to 4
one (1) or more sections of the Arkansas Code under subdivision (b)(1) of 5
this section is technical in nature, germane to the intent of this act, and 6
consistent with this act's policy and purposes, the commission may make the 7
revision to the Arkansas Code. 8
(3) The commission shall notify the publisher of the Arkansas 9
Code of a revision to the Arkansas Code under subdivision (b)(2) of this 10
section as soon as possible so t hat the revision may be reflected in the 11
official hard copy version of the Arkansas Code and official electronic 12
version of the Arkansas Code. 13
(4)(A) Except as provided in subdivision (b)(4)(B) of this 14
section, when the commission approves a revision to the Arkansas Code under 15
subdivision (b)(2) of this section, the commission shall notify the following 16
of the revision within thirty (30) days: 17
(i) The Speaker of the House of Representatives; 18
(ii) The President Pro Tempore of the Senate; and 19
(iii) The Legislative Council. 20
(B) The commission is not required to make a notification 21
under subdivision (b)(4)(A) of this section if the revision is made under § 22
1-2-303(d). 23
(c) The authority granted to the commission under this section is 24
supplemental to the commission's authority under § 1 -2-303. 25
(d) This section shall expire on December 31, 2024. 26
27
SECTION 252. DO NOT CODIFY. CONSTRUCTION. 28
(a) Except as provided in subsection (b) of this section, to the 29
extent that a conflict exists be tween an act of the regular session of the 30
Ninety-Fourth General Assembly and this act: 31
(1) Section 1-2-107 shall not apply; and 32
(2) All of the enactments of each act shall be given effect 33
except to the extent of irreconcilable conflicts, in which ca se the 34
conflicting provision of this act shall prevail. 35
(b) This section shall not revive or re -enact any provision of the 36 As Engrossed: S3/30/23 H4/5/23 SB495
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Arkansas Code that has been repealed by an act of the regular session of the 1
Ninety-Fourth General Assembly, including without limi tation this act. 2
3
SECTION 253. DO NOT CODIFY. Severability. 4
As provided in § 1-2-117, the provisions of this act are severable, 5
and, if any portion of this act is determined to be unconstitutional or 6
invalid, the remaining portions of the act remain i n effect. 7
8
SECTION 254. DO NOT CODIFY. Revisions to position classification 9
titles. 10
(a) Any position classification title that is no longer appropriate in 11
light of the changes to Arkansas law under this act may be revised as 12
determined appropriate by the Office of Personnel Management, including 13
without limitation the revision of position cla ssification titles that 14
reference the Parole Board to instead reference the Post -Prison Transfer 15
Board. 16
(b) The authority under subsection (a) of this section does not allow 17
for revisions to: 18
(1) A pay grade; 19
(2) A line item; 20
(3) The number of authorized classifications; or 21
(4) A job duty. 22
23
SECTION 255. DO NOT CODIFY. EFFECTIVE DATE. 24
Sections 1-249 of this act and sections 251 -254 of this act are 25
effective on and after January 1, 2024. 26
27
/s/Gilmore 28
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APPROVED: 4/11/23 31
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