Stricken language would be deleted from and underlined language would be added to present law.
Act 670 of the Regular Session
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State of Arkansas As Engrossed: S4/3/25 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 485 3
4
By: Senators C. Tucker, Gilmore 5
By: Representatives Gazaway, Dalby 6
7
For An Act To Be Entitled 8
AN ACT TO REDUCE RECIDIVISM; TO AMEND THE LAW 9
CONCERNING THE SUSPENDED IMPOSITION OF A SENTENCE, 10
PROBATION, PAROLE, AND POST -RELEASE SUPERVISION; AND 11
FOR OTHER PURPOSES. 12
13
14
Subtitle 15
TO REDUCE RECIDIVISM; AND TO AMEND THE 16
LAW CONCERNING THE SUSPENDED IMPOSITION 17
OF A SENTENCE, PROBATION, PAROLE, AND 18
POST-RELEASE SUPERVISION. 19
20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
22
SECTION 1. Arkansas Code § 5 -4-101, concerning definitions with 23
respect to the disposition of offenders, is amended to add an additional 24
subdivision to read as follows: 25
(8) "Criminogenic" means those factors which are static and 26
dynamic personal and situational characteristics that increase the risk of 27
criminality and reoffending. 28
29
SECTION 2. Arkansas Code § 5 -4-303(a), concerning the requirements 30
that a court shall attach as conditions of the suspension of a sentence or 31
probation, is amended to read as follows: 32
(a)(1) If a court suspends imposition of sentence on a defendant or 33
places him or her on probation, the court shall attach such conditions as are 34
reasonably necessary to assist the defendant in leading a law -abiding life. 35
(2) Conditions attached by the court shall be narrowly tailored: 36 As Engrossed: S4/3/25 SB485
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(A) To account for the rehabilitation of the defendant and 1
for public safety; and 2
(B) To the criminogenic risks and needs of the defendant. 3
(3)(A) If a presentence investigation has been conducted under § 4
5-4-102, the court shall take into consideration the findings of the 5
presentence investigation when determining the conditions of the defendant's 6
probation. 7
(B) If the court does not order a presentence 8
investigation, the court shall rely on all available information before the 9
court in determining the conditions of probation. 10
11
SECTION 3. Arkansas Code § 5 -4-303(c), concerning the requirements 12
that a court may attach as conditions of the suspension of a sentence or 13
probation, is amended to read as follows: 14
(c) If the court suspends imposition of sentence on a defendant or 15
places him or her on probation, as a condition of its order the court may 16
require that the defendant: 17
(1) Support his or her dependents and meet his or her family 18
responsibilities; 19
(2) Undergo available medical or psychiatric treatment and enter 20
and remain in a specified institution when required for medical or 21
psychiatric treatment; 22
(3) Participate in a community -based rehabilitative program or 23
work-release program that uses practices proven to reduce recidivism and for 24
which the court may impose a reasonable fee or assessment on the defendant to 25
be used in support of the community -based rehabilitative program or work -26
release program; 27
(4)(A) Refrain from frequenting an unlawful or designated place 28
or consorting with a designated person . 29
(B) A designated person may be a specific individual or a 30
specific class of persons, but only when reasons for such designation are set 31
forth in the order; 32
(5) Have no firearm in his or her possession; 33
(6) Make restitution to an aggrieved party in an amount the 34
defendant can afford to pay for the actual loss or damage caused by his or 35
her offense; 36 As Engrossed: S4/3/25 SB485
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(7) Post a bond, with or without surety, conditioned on the 1
performance of a prescribed condition; and 2
(8) Satisfy any other condition reasonably related to the 3
rehabilitation of the defendant and not unduly restrictive of his or her 4
liberty or incompatible with his or her freedom of conscience. 5
6
SECTION 4. Arkansas Code § 5 -4-306 is amended to read as follows: 7
5-4-306. Time period generally. 8
If a court suspends imposition of sentence on a defendant or places him 9
or her on probation, the period of suspension or probation shall be for a 10
definite period of time not to exceed the maximum jail or prison sentence 11
allowable for the offense charged taking into account the recommended periods 12
of suspension or probation as adopted by the Arkansas Sentencing Commission . 13
14
SECTION 5. Arkansas Code § 12 -27-103(b)(18), concerning the functions, 15
power, and duties of the Division of Correction, is amended to read as 16
follows: 17
(18) The Department of Corrections shall establish the Evidence-18
based Practices and Quality Assurance Unit that conducts programs of 19
research, evaluation, statistics, audit, and planning, including studies and 20
evaluation of the performance of various functions and activities of the 21
department and studies affecting the treatment of offenders and information 22
about other programs; and 23
24
SECTION 6. Arkansas Code § 12 -27-126(d), concerning the duties of the 25
Director of the Division of Community Correction, is amended to read as 26
follows: 27
(d) Subject to the rules, policies, and procedures prescribed by the 28
Board of Corrections, the director shall: 29
(1) Administer the Division of Community Correction and 30
supervise the administration of all facilities, programs, and services under 31
the Division of Community Correction's jurisdiction; 32
(2) Employ such personnel as are required in the administration 33
of the provisions of this act subchapter, provided that the employment of 34
personnel shall be in accordance with the applicable laws and personnel rules 35
of the state; 36 As Engrossed: S4/3/25 SB485
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(3) Institute programs for the training and development of 1
personnel within the Division of Community Correction and have authority to 2
suspend, discharge, or otherwise discipline personnel in accordance with 3
policies prescribed by the Board of Corrections; 4
(4) Make an annual report to the Board of Corrections, which 5
will be forwarded to the Governor and the General Assembly, on the work of 6
the Division of Community Correction, including statistics and other data, 7
income derived from fee collection, a summary of expenditures of the Division 8
of Community Correction, and progress reports regarding internal issues such 9
as offender success, programming development, bed space utilization, and 10
future needs; and 11
(5) Cooperate with the Division of Correction, the Post -Prison 12
Transfer Board, the Arkansas Sentencing Commission, judicial districts, 13
counties, and municipalities to provide the guidance and services required to 14
ensure a full range of correctional and community correction options for the 15
state as a whole; and 16
(6) In consultation with the Evidence -based Practices and 17
Quality Assurance Unit, develop a system for evaluating and promoting a 18
community supervision officer based on dimensions that include without 19
limitation the community supervision officer's ability to: 20
(A) Accurately complete risk and needs assessments; 21
(B) Develop evidence -based supervision case plans based on 22
the results of the risk and needs assessment; and 23
(C) Engage and encourage a person to participate in the 24
rehabilitation-oriented case plan and to change his or her behaviors . 25
26
SECTION 7. Arkansas Code § 12 -27-127(a), concerning the transfer of an 27
inmate to the Division of Community Correction, is amended to add an 28
additional subdivision to read as follows: 29
(3) When the committing court designates that a statutorily 30
eligible inmate may not be administratively transferred to a community 31
correction center, the committing court shall include in the sentencing order 32
under subdivision (a)(2) of this section a written explanation of how the 33
committing court determined that the inmate should not be administratively 34
transferred. 35
36 As Engrossed: S4/3/25 SB485
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SECTION 8. Arkansas Code § 12 -29-112, concerning the discharge or 1
release of an inmate from a state facility, is amended to add additional 2
subsections to read as follows: 3
(f) To the extent that an inmate is engaging in prosocial activities 4
while incarcerated, the inmate’s reentry plan shall prioritize the 5
continuation of those activities, including without limitation continued 6
employment and continued participation in mental health treatment or 7
substance abuse treatment, or both. 8
(g) As used in this section, "prosocial" means positive behaviors, 9
activities, efforts, and attitudes that, according to current research, 10
encourage an individual to adhere to societal norms and avoid criminal 11
behavior. 12
13
SECTION 9. Arkansas Code § 16 -10-103, concerning the training and 14
education of court personnel, is amended to add an additional subsection to 15
read as follows: 16
(c) The Administrative Office of the Courts shall consult with the 17
Department of Corrections to develop training and judicial education on the 18
use of evidence-based practices to reduce recidivism, including without 19
limitation the use of risk and needs assessment tools. 20
21
SECTION 10. Arkansas Code § 16 -13-703(c)(2), concerning imprisonment 22
credit for a period of imprisonment for nonpayment of a fine, is amended to 23
read as follows: 24
(2)(A) The period of imprisonment shall not exceed one (1) day 25
for each forty dollars ($40.00) one hundred dollars ($100) of the fine, 26
thirty (30) days if the fine was imposed upon conviction of a misdemeanor, or 27
one (1) year if the fine was imposed upon conviction of a felony, whichever 28
is the shorter period. 29
(B)(i) The For a defendant who was eligible to be 30
represented by a public defender, the total amount of fines owed shall not 31
automatically be reduced by the period of imprisonment , but the court may 32
with a credit forty dollars ($40.00) of one hundred dollars ($100) for each 33
day of imprisonment against the total fine, excluding any amount owed for 34
restitution, the defendant has been sentenced to pay. 35
(ii) A defendant who was not eligible to be 36 As Engrossed: S4/3/25 SB485
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represented by a public defender may petition the court for the relief 1
provided under subdivision (c)(2)(B)(i) of this section. 2
3
SECTION 11. Arkansas Code § 16 -90-102, concerning presentence officers 4
appointed by the judicial district to prepare presentence reports, is amended 5
to add an additional subsection to read as follows: 6
(d) Notwithstanding subsections (a) through (c) of this section and 7
subject to funding by the General Assembly, the Administrative Office of the 8
Courts shall develop a pilot program to expand the number of presentence 9
officers dedicated to preparing presentence reports with a validated risk and 10
needs assessment component. 11
12
SECTION 12. Arkansas Code § 16 -90-802(d)(1), concerning the powers and 13
duties of the Arkansas Sentencing Commission, is amended to read as follows: 14
(1)(A) The commission shall adopt an initial sentencing 15
standards grid and an offense seriousness reference table based upon the 16
statutory parameters and additional data and information gathered before 17
January 1, 1994. 18
(B) The commission shall also set : 19
(i) the The percentage of time within parameters set 20
by law to be served for offenses at each seriousness level before any type of 21
transfer or release; and 22
(ii) Guidelines for presumptive periods of 23
suspension or probation; 24
25
SECTION 13. Arkansas Code § 16 -90-802(d)(11), concerning the powers 26
and duties of the Arkansas Sentencing Commission, is amended to read as 27
follows: 28
(11) Coordinate with the Director of the Arkansas Sentencing 29
Commission, the Division of Correction, and the Division of Community 30
Correction to develop policy to ensure that the intake process best utilizes 31
maximizes the use of beds in nontraditional correctional facilities, 32
including without limitation community correction centers, work release 33
centers, and reentry facilities; and 34
35
SECTION 14. Arkansas Code § 16 -90-1304(b), concerning the application 36 As Engrossed: S4/3/25 SB485
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of earned discharge and completion of sentence, is amended to read as 1
follows: 2
(b)(1) No less If the Division of Community Correction proposes to 3
discharge the sentence of a person under community supervision under this 4
subchapter, no fewer than forty-five (45) days before the discharge date, the 5
Division of Community Correction division shall submit notice to: 6
(A) The prosecuting attorney; and 7
(B) The Post-Prison Transfer Board. 8
(2)(A) Within thirty (30) days of receipt of the earned 9
discharge notice under subdivision (b)(1) of this section , the prosecuting 10
attorney or the board may submit to the division in writing any reasonable 11
objection to early discharge under this subchapter warranting the forfeiture 12
of earned-discharge credit. 13
(B) An objection submitted under subdivision (b)(2)(A) of 14
this section shall be in writing and state the reason for the objection. 15
(3) If an objection under subdivision (b)(2) of this section is 16
lodged, the division shall immediately suspend the discharge of the sentence. 17
(4) The parolee or probationer may file a petition for review in 18
the sentencing court. 19
(5) A review shall be conducted in the sentencing court within 20
fourteen (14) days of the filing of the petition. 21
(6)(A) The sentencing court shall consider the objections 22
against the person based solely on the information contained in the petition. 23
(B) The sentencing court shall determine, based on a 24
preponderance of the evidence, whether the person should not be discharged 25
from the sentence because, if the information contained in the petition had 26
been known to the division, the division would have ordered the forfeiture of 27
any of the discharge credit earned to that point or if insufficient evidence 28
exists that would warrant the forfeiture of discharge credit. 29
(C) If the sentencing court finds sufficient evidence 30
warranting a forfeiture of discharge credits, the division shall make the 31
necessary forfeiture of earned discharge credit appropriate for the type of 32
misconduct asserted in the objection. 33
(D)(i) If the sentencing court does not find sufficient 34
evidence exists that warrants forfeiture of discharge credits, the division 35
shall discharge the person immediately if the date upon which the completion 36 As Engrossed: S4/3/25 SB485
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of the sentence occurred has passed. 1
(ii) If the date for completion of the sentence has 2
not occurred, the person shall return to the status held at the point the 3
objection was filed. 4
5
SECTION 15. Arkansas Code § 16 -93-101, concerning definitions with 6
respect to probation and parole, is amended to add additional subdivisions to 7
read as follows: 8
(16) "Criminogenic" means those factors which are static and 9
dynamic personal and situational characteristics that increase the risk of 10
criminality and reoffending; and 11
(17) "Prosocial" means positive behaviors, activities, efforts, 12
and attitudes that, according to current research, encourage an individual to 13
adhere to societal norms and avoid criminal behavior. 14
15
SECTION 16. Arkansas Code § 16-93-306(c), concerning probation 16
supervision generally, is amended to read as follows: 17
(c)(1) The Division of Community Correction shall allocate resources, 18
including the assignment of probation officers, to focus on moderate -risk and 19
high-risk offenders as determined by the actuarial assessment provided in 20
subdivision (b)(6) of this section. 21
(2) The Division of Community Correction shall require public 22
and private treatment and service providers that receive state funds for the 23
treatment of or service for probationers to use evidence -based programs and 24
practices. 25
(3) The Department of Corrections shall: 26
(A) Develop a process for annually evaluating each 27
provider under subdivision (c)(2) of this section; and 28
(B) Establish a clear policy disqualifying a noncompliant 29
provider from receiving public funds until the provider demonstrates the 30
ability to comply with the requirements of subdivision (c)(2) of this 31
section. 32
(4) In addition to the requirements in § 12 -27-104, the Board of 33
Corrections shall include in its annual report the results of annual 34
evaluations under subdivision (c)(3)(A) of this section, listing each 35
provider determined to be noncompliant. 36 As Engrossed: S4/3/25 SB485
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(5) The Division of Community Correction shall develop a 1
feedback system that routinely provides the Division of Community Correction 2
with process and aggregated outcome data. 3
4
SECTION 17. Arkansas Code § 16 -93-306(d)(2), concerning 5
administrative sanctions while on probation supervision, is amended to read 6
as follows: 7
(2)(A) The Division of Community Correction shall develop an 8
intermediate incentives and sanctions procedure and grid to guide a probation 9
officer in determining the appropriate response to prosocial behavior or a 10
violation of conditions of supervision. 11
(B) Intermediate sanctions Sanctions administered by the 12
Division of Community Correction are required to conform to the incentives 13
and sanctioning grid. 14
(C) The intermediate incentives and sanctioning grid shall 15
include: 16
(i) An assignment of point values to commonly 17
occurring violations of terms of probation or criminal behavior; 18
(ii) An assignment of point values to and suitable 19
rewards for behaviors that demonstrate prosocial effort or decrease the 20
likelihood of recidivism, including without limitation: 21
(a) Education; 22
(b) Workforce development; 23
(c) Community service; and 24
(d) Behavioral health programming; and 25
(e) Prosocial activity; 26
(iii) Details on the mechanisms by which points are 27
accumulated and reduced; and 28
(iv) Guidance on which intermediate sanctions should 29
be applied at which point thresholds ; 30
(v) Rewards that are attainable and meaningful at 31
each risk level to motivate individuals throughout stages of supervision, 32
including without limitation achieving individualized goals, milestones, and 33
accomplishments; and 34
(vi) Guidance on the appropriate motivational ratio 35
of rewards to sanctions . 36 As Engrossed: S4/3/25 SB485
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1
SECTION 18. Arkansas Code § 16 -93-712(a), concerning parole 2
supervision, is amended to read as follows: 3
(a)(1) The Post-Prison Transfer Board shall establish written policies 4
and procedures governing the supervision of parolees designed to enhance 5
public safety and to assist the parolees in reintegrating into society. 6
(2)(A) The supervision of parolees shall be based on evidence -7
based practices based on current research , including a validated risk -needs 8
assessment. 9
(B) Decisions shall target the parolee's criminal risk 10
factors with appropriate supervision and treatment designed to reduce the 11
likelihood of reoffense. 12
(C) Conditions of supervision shall be narrowly tailored 13
to: 14
(i) Account for the rehabilitation of the parolee 15
and for public safety; and 16
(ii) The criminogenic risks and needs of the 17
individual parolee. 18
19
SECTION 19. Arkansas Code § 16 -93-712(c), concerning the services 20
provided to people under parole supervision, is amended to add an additional 21
subdivision to read as follows: 22
(3) The Department of Corrections shall: 23
(A) Develop a process for annually evaluating each 24
provider under subdivision (c)(2) of this section; and 25
(B) Establish a clear policy disqualifying a noncompliant 26
provider from receiving public funds until the provider demonstrates the 27
ability to comply with the requirements under subdivision (c)(2) of this 28
section. 29
(4) In addition to the requirements in § 12 -27-104, the Board of 30
Corrections shall include in the annual report the results of annual 31
evaluations under subdivision (c)(3)(A) of this section, listing each 32
provider determined to be noncompliant. 33
34
SECTION 20. Arkansas Code § 16 -93-712(d)(2), concerning administrative 35
sanctions while on parole, is amended to read as follows: 36 As Engrossed: S4/3/25 SB485
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(2)(A)(i) The Division of Community Correction shall develop an 1
intermediate incentives and sanctions procedure and grid to guide a community 2
supervision officer in determining the appropriate response to prosocial 3
behaviors or a violation of conditions of supervision. 4
(ii) The intermediate incentives and sanctions 5
procedure shall include a requirement that the community supervision officer 6
consider multiple factors when determining the sanction to be imposed, 7
including risk level, previous violations and sanctions , and the severity of 8
the current and prior violation. 9
(B) Intermediate Incentives and sanctions administered by 10
the Division of Community Correction are required to conform to the 11
incentives and sanctioning grid. 12
(C) The intermediate incentives and sanctioning grid shall 13
include: 14
(i) An assignment of point values to commonly 15
occurring violations of terms of parole or criminal behavior; 16
(ii) An assignment of point values to and suitable 17
rewards for behaviors that demonstrate prosocial effort or decrease the 18
likelihood of recidivism, including without limitation: 19
(a) Education; 20
(b) Workforce development; 21
(c) Community service; and 22
(d) Behavioral health programming; and 23
(e) Prosocial activity; 24
(iii) Details on the mechanisms by which points are 25
accumulated and reduced; and 26
(iv) Guidance on which intermediate sanctions should 27
be applied at which point thresholds ; 28
(v) Rewards that are attainable and meaningful at 29
each risk level to encourage individuals throughout the stages of 30
supervision, including without limitation achieving individualized goals, 31
milestones, and accomplishments; and 32
(vi) Guidance on the appropriate motivational ratio 33
of rewards to sanctions . 34
35
SECTION 21. Arkansas Code § 16 -93-1202(6), concerning the definition 36 As Engrossed: S4/3/25 SB485
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of "eligibility" or "eligible offender" with respect to community correction, 1
is amended to read as follows: 2
(6) “Eligibility” or “eligible offender” means any person 3
convicted of a felony who is by law eligible for such sentence or who is 4
otherwise under the supervision of the Division of Community Correction and 5
who: 6
(A) who falls Falls within the population targeted by the 7
General Assembly for inclusion in community correction facilities ; 8
(B) and who has Has not been subject to a disciplinary 9
violation for a violent act or for sexual misconduct while in the custody of 10
a jail or correctional facility ; and 11
(C) does Does not have a current or previous conviction 12
for a violent or sexual offense listed under subdivision (10)(A)(ii) of this 13
section unless the previous conviction: 14
(i) Was more than five (5) years before the instant 15
offense; and 16
(ii) Resulted in a sentence that has expired ; 17
18
SECTION 22. Arkansas Code § 16-93-1906(a)(3), concerning post -release 19
supervision, is amended to add an additional subdivision to read as follows: 20
(C) Conditions of post -release supervision shall be 21
narrowly tailored to: 22
(i) Account for the rehabilitation of the offender 23
and for public safety; and 24
(ii) The criminogenic risks and needs of the 25
offender. 26
27
SECTION 23. Arkansas Code § 16 -93-1906(c), concerning the services 28
provided people who are under post -release supervision, is amended to add 29
additional subdivisions to read as follows: 30
(3) The Department of Corrections shall: 31
(A) Develop a process for annually evaluating each 32
provider under subdivision (c)(2) of this section; and 33
(B) Establish a clear policy disqualifying a noncompliant 34
provider from receiving public funds until the provider demonstrates the 35
ability to comply with the requirements of subdivision (c)(2) of this 36 As Engrossed: S4/3/25 SB485
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section. 1
(4) In addition to the requirements in § 12 -27-104, the Board of 2
Corrections shall include in the annual report the results of annual 3
evaluations under subdivision (c)(3)(A) of this section, listing each 4
provider determined to be noncompliant. 5
6
SECTION 24. Arkansas Code § 16 -93-1907(a)(2), concerning 7
administrative sanctions while on post -release supervision, is amended to 8
read as follows: 9
(2)(A) The Division of Community Correction shall develop an 10
intermediate incentives and sanctions procedure and an intermediate 11
incentives and sanctions grid to guide a community supervision officer in 12
determining the appropriate response to prosocial behavior or a violation of 13
the conditions of supervision. 14
(B) Intermediate Incentives and sanctions administered by 15
the Division of Community Correction shall conform to the intermediate 16
incentives and sanctions grid. 17
(C) The intermediate incentives and sanctions grid shall 18
include: 19
(i) An assignment of point values to commonly 20
occurring violations of terms of post -release supervision or criminal 21
behavior; 22
(ii) An assignment of point values to and suitable 23
rewards for behaviors that demonstrate prosocial effort or decrease the 24
likelihood of recidivism including without limitation: 25
(a) Education; 26
(b) Workforce development; 27
(c) Community service; and 28
(d) Behavioral health programming; and 29
(e) Prosocial activity; 30
(iii) Details on the mechanisms by which points are 31
accumulated and reduced; and 32
(iv) Guidance on which intermediate sanctions should 33
be applied at which points point thresholds; 34
(v) Rewards that are attainable and meaningful at 35
each risk level to encourage individuals throughout the stages of 36 As Engrossed: S4/3/25 SB485
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supervision, including without limitation achieving individualized goals, 1
milestones, and accomplishments; and 2
(vi) Guidance on the appropriate motivational ratio 3
of rewards to sanctions . 4
5
/s/C. Tucker 6
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APPROVED: 4/16/25 9
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