Arkansas 2025 Regular Session

Arkansas Senate Bill SB485 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 670 of the Regular Session
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4		-
5		-	State of Arkansas As Engrossed: S4/3/25 1
	2	+	CEB177 03/17/2025 3:29:12 PM CEB177
	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 SENATE BILL 485 3
8	6		4
9	7		By: Senators C. Tucker, Gilmore 5
10	8		By: Representatives Gazaway, Dalby 6
11	9		7
12	10		For An Act To Be Entitled 8
13	11		AN ACT TO REDUCE RECIDIVISM; TO AMEND THE LAW 9
14	12		CONCERNING THE SUSPENDED IMPOSITION OF A SENTENCE, 10
15	13		PROBATION, PAROLE, AND POST -RELEASE SUPERVISION; AND 11
16	14		FOR OTHER PURPOSES. 12
17	15		13
18	16		14
19	17		Subtitle 15
20	18		TO REDUCE RECIDIVISM; AND TO AMEND THE 16
21	19		LAW CONCERNING THE SUSPENDED IMPOSITION 17
22	20		OF A SENTENCE, PROBATION, PAROLE, AND 18
23	21		POST-RELEASE SUPERVISION. 19
24	22		20
25	23		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
26	24		22
27	25		SECTION 1. Arkansas Code § 5 -4-101, concerning definitions with 23
28	26		respect to the disposition of offenders, is amended to add an additional 24
29	27		subdivision to read as follows: 25
30		-	(8) "Criminogenic" means ~~those factors which are static and~~ 26
31		-	~~dynamic personal and situational characteristics~~ that ~~increase the risk of~~ 27
32		-	~~criminality and reoffending.~~ 28
33		-	29
34		-	~~SECTION 2.~~ ~~Arkansas Code § 5 -4-303(a), concerning~~ the ~~requirements~~ 30
35		-	~~that a court shall attach~~ as ~~conditions of the suspension of a sentence or~~ 31
36		-	~~probation, is amended to read as follows:~~ 32
37		-	~~(a)(1) If a~~ court ~~suspends imposition of sentence on a defendant or~~ 33
38		-	~~places him or her on probation,~~ the ~~court shall attach such conditions as are~~ 34
39		-	~~reasonably necessary to assist~~ the ~~defendant in leading a law -abiding life.~~ 35
40		-	(2) Conditions ~~attached by the court shall be narrowly tailored:~~ 36 ~~As Engrossed: S4/3/25~~ SB485
	28	+	(8) "Criminogenic" means factors, identified through current 26
	29	+	research, that are known to contribute to criminal behavior. 27
	30	+	28
	31	+	SECTION 2. Arkansas Code § 5 -4-303(a), concerning the requirements 29
	32	+	that a court shall attach as conditions of the suspension of a sentence or 30
	33	+	probation, is amended to read as follows: 31
	34	+	(a)(1) If a court suspends imposition of sentence on a defendant or 32
	35	+	places him or her on probation, the court shall attach such conditions as are 33
	36	+	reasonably necessary to assist the defendant in leading a law -abiding life. 34
	37	+	(2) Conditions attached by the court shall be: 35
	38	+	(A) The least restrictive conditions necessary for 36 SB485
41	39
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43		-
44		-
45		-	(A) To account for the rehabilitation of the defendant and 1
46		-	for public safety; and 2
47		-	(B) To the criminogenic risks and needs of the defendant. 3
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	41	+	rehabilitation and public safety; and 1
	42	+	(B) Narrowly tailored to the criminogenic risks and needs 2
	43	+	of the defendant. 3
48	44		(3)(A) If a presentence investigation has been conducted under § 4
49	45		5-4-102, the court shall take into consideration the findings of the 5
50	46		presentence investigation when determining the conditions of the defendant's 6
51	47		probation. 7
52	48		(B) If the court does not order a presentence 8
53	49		investigation, the court shall rely on all available information before the 9
54	50		court in determining the conditions of probation. 10
55	51		11
56	52		SECTION 3. Arkansas Code § 5 -4-303(c), concerning the requirements 12
57	53		that a court may attach as conditions of the suspension of a sentence or 13
58	54		probation, is amended to read as follows: 14
59	55		(c) If the court suspends imposition of sentence on a defendant or 15
60	56		places him or her on probation, as a condition of its order the court may 16
61	57		require that the defendant: 17
62	58		(1) Support his or her dependents and meet his or her family 18
63	59		responsibilities; 19
64	60		(2) Undergo available medical or psychiatric treatment and enter 20
65	61		and remain in a specified institution when required for medical or 21
66	62		psychiatric treatment; 22
67	63		(3) Participate in a community -based rehabilitative program or 23
68	64		work-release program that uses practices proven to reduce recidivism and for 24
69	65		which the court may impose a reasonable fee or assessment on the defendant to 25
70	66		be used in support of the community -based rehabilitative program or work -26
71	67		release program; 27
72	68		(4)(A) Refrain from frequenting an unlawful or designated place 28
73	69		or consorting with a designated person . 29
74	70		(B) A designated person may be a specific individual or a 30
75	71		specific class of persons, but only when reasons for such designation are set 31
76	72		forth in the order; 32
77	73		(5) Have no firearm in his or her possession; 33
78	74		(6) Make restitution to an aggrieved party in an amount the 34
79	75		defendant can afford to pay for the actual loss or damage caused by his or 35
80		-	her offense; 36 ~~As Engrossed: S4/3/25~~ SB485
	76	+	her offense; 36 SB485
81	77
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83		-
84		-
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85	79		(7) Post a bond, with or without surety, conditioned on the 1
86	80		performance of a prescribed condition; and 2
87	81		(8) Satisfy any other condition reasonably related to the 3
88	82		rehabilitation of the defendant and not unduly restrictive of his or her 4
89	83		liberty or incompatible with his or her freedom of conscience. 5
90	84		6
91	85		SECTION 4. Arkansas Code § 5 -4-306 is amended to read as follows: 7
92	86		5-4-306. Time period generally. 8
93	87		If a court suspends imposition of sentence on a defendant or places him 9
94	88		or her on probation, the period of suspension or probation shall be for a 10
95	89		definite period of time not to exceed the maximum jail or prison sentence 11
96	90		allowable for the offense charged taking into account the recommended periods 12
97		-	of suspension or probation as adopted by the Arkansas Sentencing Commission . 13
	91	+	of suspension or probation as promulgated by the Arkansas Sentencing 13
	92	+	Commission. 14
	93	+	15
	94	+	SECTION 5. Arkansas Code § 12 -27-103(b)(18), concerning the functions, 16
	95	+	power, and duties of the Division of Correction, is amended to read as 17
	96	+	follows: 18
	97	+	(18) The Department of Corrections shall establish the Evidence-19
	98	+	based Practices and Quality Assurance Unit that conducts programs of 20
	99	+	research, evaluation, statistics, audit, and planning, including studies and 21
	100	+	evaluation of the performance of various functions and activities of the 22
	101	+	department and studies affecting the treatment of offenders and information 23
	102	+	about other programs; and 24
	103	+	25
	104	+	SECTION 6. Arkansas Code § 12 -27-126(d), concerning the duties of the 26
	105	+	Director of the Division of Community Correction, is amended to read as 27
	106	+	follows: 28
	107	+	(d) Subject to the rules, policies, and procedures prescribed by the 29
	108	+	Board of Corrections, the director shall: 30
	109	+	(1) Administer the Division of Community Correction and 31
	110	+	supervise the administration of all facilities, programs, and services under 32
	111	+	the Division of Community Correction's jurisdiction; 33
	112	+	(2) Employ such personnel as are required in the administration 34
	113	+	of the provisions of this act subchapter, provided that the employment of 35
	114	+	personnel shall be in accordance with the applicable laws and personnel rules 36 SB485
	115	+
	116	+	4 03/17/2025 3:29:12 PM CEB177
	117	+	of the state; 1
	118	+	(3) Institute programs for the training and development of 2
	119	+	personnel within the Division of Community Correction and have authority to 3
	120	+	suspend, discharge, or otherwise discipline personnel in accordance with 4
	121	+	policies prescribed by the Board of Corrections; 5
	122	+	(4) Make an annual report to the Board of Corrections, which 6
	123	+	will be forwarded to the Governor and the General Assembly, on the work of 7
	124	+	the Division of Community Correction, including statistics and other data, 8
	125	+	income derived from fee collection, a summary of expenditures of the Division 9
	126	+	of Community Correction, and progress reports regarding internal issues such 10
	127	+	as offender success, programming development, bed space utilization, and 11
	128	+	future needs; and 12
	129	+	(5) Cooperate with the Division of Correction, the Post -Prison 13
	130	+	Transfer Board, the Arkansas Sentencing Commission, judicial districts, 14
	131	+	counties, and municipalities to provide the guidance and services required to 15
	132	+	ensure a full range of correctional and community correction options for the 16
	133	+	state as a whole; and 17
	134	+	(6) In consultation with the Evidence -based Practices and 18
	135	+	Quality Assurance Unit, develop a system for evaluating and promoting a 19
	136	+	probation officer and a community supervision officer based on dimensions 20
	137	+	that include without limitation the probation officer's or community service 21
	138	+	officer's ability to: 22
	139	+	(A) Accurately complete risk and needs assessments; 23
	140	+	(B) Develop evidence -based supervision case plans based on 24
	141	+	the results of the risk and needs assessment; and 25
	142	+	(C) Engage and motivate a person to participate in the 26
	143	+	rehabilitation-oriented case plan and change his or her behaviors . 27
	144	+	28
	145	+	SECTION 7. Arkansas Code § 12 -27-127(a), concerning the transfer of an 29
	146	+	inmate to the Division of Community Correction, is amended to add an 30
	147	+	additional subdivision to read as follows: 31
	148	+	(3) When the committing court designates that a statutorily 32
	149	+	eligible inmate may not be administratively transferred to the Division of 33
	150	+	Community Correction, the committing court shall include in the sentencing 34
	151	+	order under subdivision (a)(2) of this section a written explanation of how 35
	152	+	the committing court determined that the inmate should not be 36 SB485
	153	+
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	155	+	administratively transferred. 1
	156	+	2
	157	+	SECTION 8. Arkansas Code § 12 -29-112, concerning the discharge or 3
	158	+	release of an inmate from a state facility, is amended to add additional 4
	159	+	subsections to read as follows: 5
	160	+	(f) To the extent that an inmate is engaging in prosocial activities 6
	161	+	while incarcerated, the inmate’s reentry plan shall prioritize the 7
	162	+	continuation of those activities, including without limitation continued 8
	163	+	employment and continued participation in mental health treatment or 9
	164	+	substance abuse treatment, or both. 10
	165	+	(g) As used in this section, "prosocial" means positive behaviors, 11
	166	+	activities, efforts, and attitudes that, according to current research, 12
	167	+	encourage an individual to adhere to societal norms and avoid criminal 13
	168	+	behavior. 14
	169	+	15
	170	+	SECTION 9. Arkansas Code § 16 -10-103, concerning the training and 16
	171	+	education of court personnel, is amended to add an additional subsection to 17
	172	+	read as follows: 18
	173	+	(c) The Administrative Office of the Courts shall consult with the 19
	174	+	Department of Corrections to develop training and judicial education on the 20
	175	+	use of evidence-based practices to reduce recidivism, including without 21
	176	+	limitation the use of risk and needs assessment tools. 22
	177	+	23
	178	+	SECTION 10. Arkansas Code § 16 -13-703(c)(2), concerning imprisonment 24
	179	+	credit for a period of imprisonment for nonpayment of a fine, is amended to 25
	180	+	read as follows: 26
	181	+	(2)(A) The period of imprisonment shall not exceed one (1) day 27
	182	+	for each forty dollars ($40.00) one hundred dollars ($100) of the fine, 28
	183	+	thirty (30) days if the fine was imposed upon conviction of a misdemeanor, or 29
	184	+	one (1) year if the fine was imposed upon conviction of a felony, whichever 30
	185	+	is the shorter period. 31
	186	+	(B)(i) The For a defendant who was eligible to be 32
	187	+	represented by a public defender, the total amount of fines owed shall not 33
	188	+	automatically be reduced by the period of imprisonment , but the court may 34
	189	+	with credit forty dollars ($40.00) of one hundred dollars ($100) for each day 35
	190	+	of imprisonment against the total fine, excluding any amount owed for 36 SB485
	191	+
	192	+	6 03/17/2025 3:29:12 PM CEB177
	193	+	restitution, the defendant has been sentenced to pay. 1
	194	+	(ii) A defendant who was not eligible to be 2
	195	+	represented by a public defender may petition the court for the relief 3
	196	+	provided under subdivision (c)(2)(B)(i) of this section. 4
	197	+	5
	198	+	SECTION 11. Arkansas Code § 16 -90-102, concerning presentence officers 6
	199	+	appointed by the judicial district to prepare presentence reports, is amended 7
	200	+	to add an additional subsection to read as follows: 8
	201	+	(d) Notwithstanding subsections (a) through (c) of this section and 9
	202	+	subject to funding by the General Assembly, the Administrative Office of the 10
	203	+	Courts shall develop a new pilot program to expand the number of presentence 11
	204	+	officers dedicated to preparing presentence reports with a validated risk and 12
	205	+	needs assessment component. 13
98	206		14
99		-	SECTION 5. Arkansas Code § ~~12 -27-103~~(b)(18), concerning the ~~functions,~~ 15
100		-	~~power, and~~ duties of the ~~Division of Correction~~, is amended to read as 16
101		-	~~follows:~~ 17
102		-	~~(18)~~ The ~~Department of Corrections shall establish the Evidence-~~18
103		-	~~based Practices~~ and ~~Quality Assurance Unit that conducts programs of~~ 19
104		-	~~research~~, ~~evaluation, statistics, audit, and planning, including studies and~~ 20
105		-	~~evaluation of~~ the ~~performance of various functions and activities of the~~ 21
106		-	~~department and studies affecting~~ the ~~treatment~~ of ~~offenders and information~~ 22
107		-	~~about other programs;~~ ~~and~~ 23
108		-	24
109		-	~~SECTION 6. Arkansas Code § 12 -27-126(d), concerning the duties~~ of ~~the~~ 25
110		-	~~Director of the Division of Community Correction, is amended to read as~~ 26
111		-	~~follows:~~ 27
112		-	(d) ~~Subject to~~ the ~~rules, policies, and procedures prescribed by the~~ 28
113		-	~~Board~~ of ~~Corrections~~, ~~the director shall:~~ 29
114		-	~~(1) Administer the Division of Community Correction and~~ 30
115		-	~~supervise~~ the ~~administration~~ of ~~all facilities,~~ ~~programs, and services under~~ 31
116		-	the Division of Community ~~Correction's jurisdiction;~~ 32
117		-	~~(2) Employ such personnel as are required in~~ the ~~administration~~ 33
118		-	of the ~~provisions~~ of ~~this act subchapter~~, ~~provided that the employment of~~ 34
119		-	~~personnel shall be in accordance with the applicable laws and personnel rules~~ 35
120		-	~~of the state~~; 36 ~~As Engrossed: S4/3/25~~ SB485
	207	+	SECTION 12. Arkansas Code § 16 -90-802(d)(1), concerning the powers and 15
	208	+	duties of the Arkansas Sentencing Commission, is amended to read as follows: 16
	209	+	(1)(A) The commission shall adopt an initial sentencing 17
	210	+	standards grid and an offense seriousness reference table based upon the 18
	211	+	statutory parameters and additional data and information gathered before 19
	212	+	January 1, 1994. 20
	213	+	(B) The commission shall also set : 21
	214	+	(i) the The percentage of time within parameters set 22
	215	+	by law to be served for offenses at each seriousness level before any type of 23
	216	+	transfer or release; and 24
	217	+	(ii) Guidelines for presumptive periods of 25
	218	+	suspension or probation; 26
	219	+	27
	220	+	SECTION 13. Arkansas Code § 16 -90-802(d)(11), concerning the powers 28
	221	+	and duties of the Arkansas Sentencing Commission, is amended to read as 29
	222	+	follows: 30
	223	+	(11) Coordinate with the Director of the Arkansas Sentencing 31
	224	+	Commission, the Division of Correction, and the Division of Community 32
	225	+	Correction to develop policy to ensure that the intake process best utilizes 33
	226	+	maximizes the use of beds in nontraditional correctional facilities, 34
	227	+	including without limitation community correction centers, work release 35
	228	+	centers, and reentry facilities; and 36 SB485
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	231	+	1
	232	+	SECTION 14. Arkansas Code § 16 -90-1304 is amended to read as follows: 2
	233	+	16-90-1304. Application. 3
	234	+	(a) When a person has A person shall be eligible for consideration of 4
	235	+	discharge of his or her sentence under this subchapter when he or she has: 5
	236	+	(1) Reduced his or her original risk of recidivism as determined 6
	237	+	by his or her risk score on the validated risk and needs assessment conducted 7
	238	+	by the Department of Corrections; or 8
	239	+	(2) accumulated Accumulated enough days, through a combination 9
	240	+	of served and earned time equal to the total number of days of the sentence 10
	241	+	imposed by the sentencing court , he or she shall be eligible for 11
	242	+	consideration of discharge of his or her sentence under this subchapter . 12
	243	+	(b)(1) No less If the Division of Community Correction proposes to 13
	244	+	discharge a person's sentence under this subchapter, no fewer than forty-five 14
	245	+	(45) days before the discharge date, the Division of Community Correction 15
	246	+	division shall submit notice to: 16
	247	+	(A) The prosecuting attorney; and 17
	248	+	(B) The Post-Prison Transfer Board. 18
	249	+	(2) Within thirty (30) days of receipt of the earned discharge 19
	250	+	notice under subdivision (b)(1) of this section , the prosecuting attorney or 20
	251	+	the board may submit to the division in writing any reasonable file a 21
	252	+	petition for review in the sentencing court based on a public safety -related 22
	253	+	objection to early discharge under this subchapter warranting the forfeiture 23
	254	+	of earned-discharge credit. 24
	255	+	(3) If an objection a petition for review under subdivision 25
	256	+	(b)(2) of this section is lodged is filed, the division shall immediately 26
	257	+	suspend the discharge of the sentence. 27
	258	+	(4) The parolee or probationer may file a petition for review in 28
	259	+	the sentencing court. 29
	260	+	(5)(4) A review shall be conducted in the sentencing court 30
	261	+	within fourteen (14) days of the filing of the petition. 31
	262	+	(6)(5)(A) The sentencing court shall consider the public safety-32
	263	+	related objections against the person based solely on the information 33
	264	+	contained in the petition. 34
	265	+	(B) The sentencing court shall determine, based on a 35
	266	+	preponderance of the evidence, whether the person should not be discharged 36 SB485
123	267
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	269	+	from the sentence because, if the information contained in the petition had 1
	270	+	been known to the division, the division would have ordered the forfeiture of 2
	271	+	any of the discharge credit earned to that point or if insufficient evidence 3
	272	+	exists that would warrant the forfeiture of discharge credit. 4
	273	+	(C) If the sentencing court finds sufficient evidence 5
	274	+	warranting a forfeiture of discharge credits, the division shall make the 6
	275	+	necessary forfeiture of earned discharge credit appropriate for the type of 7
	276	+	misconduct asserted in the objection. 8
	277	+	(D)(i) If the sentencing court does not find sufficient 9
	278	+	evidence exists that warrants forfeiture of discharge credits, the division 10
	279	+	shall discharge the person immediately if the date upon which the completion 11
	280	+	of the sentence occurred has passed. 12
	281	+	(ii) If the date for completion of the sentence has 13
	282	+	not occurred, the person shall return to the status held at the point the 14
	283	+	objection was filed. 15
	284	+	(c) If the prosecuting attorney or the board does not file an 16
	285	+	objection, upon the filing of a petition in the sentencing court by the 17
	286	+	parolee or probationer stating that no objections have been filed, the court 18
	287	+	may shall discharge the person immediately if the date upon which the 19
	288	+	completion of the sentence has passed. 20
	289	+	(d) An appeal may not be taken by either party from the sentencing 21
	290	+	court's findings or the division's decision for early discharge. 22
	291	+	23
	292	+	SECTION 15. Arkansas Code § 16 -93-101, concerning definitions with 24
	293	+	respect to probation and parole, is amended to add additional subdivisions to 25
	294	+	read as follows: 26
	295	+	(16) "Criminogenic" means factors, identified through current 27
	296	+	criminological research, that are known to contribute to criminal behavior; 28
	297	+	and 29
	298	+	(17) "Prosocial" means positive behaviors, activities, efforts, 30
	299	+	and attitudes that, according to current research, encourage an individual to 31
	300	+	adhere to societal norms and avoid criminal behavior. 32
	301	+	33
	302	+	SECTION 16. Arkansas Code § 16 -93-306(c), concerning probation 34
	303	+	supervision generally, is amended to read as follows: 35
	304	+	(c)(1) The Division of Community Correction shall allocate resources, 36 SB485
124	305
125		-	(3) Institute programs for the training and development of 1
126		-	personnel within the Division of Community Correction and have authority to 2
127		-	suspend, discharge, or otherwise discipline personnel in accordance with 3
128		-	policies prescribed by the Board of Corrections; 4
129		-	(4) Make an annual report to the Board of Corrections, which 5
130		-	will be forwarded to the Governor and the General Assembly, on the work of 6
131		-	the Division of Community Correction, including statistics and other data, 7
132		-	income derived from fee collection, a summary of expenditures of the Division 8
133		-	of Community Correction, and progress reports regarding internal issues such 9
134		-	as offender success, programming development, bed space utilization, and 10
135		-	future needs; and 11
136		-	(5) Cooperate with the Division of Correction, the Post -Prison 12
137		-	Transfer Board, the Arkansas Sentencing Commission, judicial districts, 13
138		-	counties, and municipalities to provide the guidance and services required to 14
139		-	ensure a full range of correctional and community correction options for the 15
140		-	state as a whole; and 16
141		-	(6) In consultation with the Evidence -based Practices and 17
142		-	Quality Assurance Unit, develop a system for evaluating and promoting a 18
143		-	community supervision officer based on dimensions that include without 19
144		-	limitation the community supervision officer's ability to: 20
145		-	(A) Accurately complete risk and needs assessments; 21
146		-	(B) Develop evidence -based supervision case plans based on 22
147		-	the results of the risk and needs assessment; and 23
148		-	(C) Engage and encourage a person to participate in the 24
149		-	rehabilitation-oriented case plan and to change his or her behaviors . 25
150		-	26
151		-	SECTION 7. Arkansas Code § 12 -27-127(a), concerning the transfer of an 27
152		-	inmate to the Division of Community Correction, is amended to add an 28
153		-	additional subdivision to read as follows: 29
154		-	(3) When the committing court designates that a statutorily 30
155		-	eligible inmate may not be administratively transferred to a community 31
156		-	correction center, the committing court shall include in the sentencing order 32
157		-	under subdivision (a)(2) of this section a written explanation of how the 33
158		-	committing court determined that the inmate should not be administratively 34
159		-	transferred. 35
160		-	36 As Engrossed: S4/3/25 SB485
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	307	+	including the assignment of probation officers, to focus on moderate -risk and 1
	308	+	high-risk offenders as determined by the actuarial assessment provided in 2
	309	+	subdivision (b)(6) of this section. 3
	310	+	(2) The Division of Community Correction shall require public 4
	311	+	and private treatment and service providers that receive state funds for the 5
	312	+	treatment of or service for probationers to use evidence -based programs and 6
	313	+	practices. 7
	314	+	(3) The Department of Corrections shall: 8
	315	+	(A) Develop a process for annually evaluating each 9
	316	+	provider under subdivision (c)(2) of this section; 10
	317	+	(B) Establish a clear policy disqualifying a noncompliant 11
	318	+	provider from receiving public funds until the provider demonstrates the 12
	319	+	ability to comply; and 13
	320	+	(C) Provide an annual report to the Legislative Council 14
	321	+	regarding the results of annual evaluations and each noncompliant provider. 15
	322	+	(4) The Division of Community Correction shall develop a system 16
	323	+	for evaluating and promoting a probation officer and a community supervision 17
	324	+	officer based on dimensions that include without limitation the: 18
	325	+	(A) Probation officer's or community supervision officer's 19
	326	+	ability to engage and motivate a probationer to participate in a supervision 20
	327	+	plan; 21
	328	+	(B) Probation officer's or community supervision officer's 22
	329	+	competency in the use of risk and needs assessment tools; and 23
	330	+	(C) Quality of the probation officer's or community 24
	331	+	service officer's case plans. 25
	332	+	(5) The Division of Community Correction shall develop a 26
	333	+	feedback system that routinely provides the Division of Community Correction 27
	334	+	with process and aggregated outcome data. 28
	335	+	29
	336	+	SECTION 17. Arkansas Code § 16 -93-306(d)(2), concerning 30
	337	+	administrative sanctions while on probation supervision, is amended to read 31
	338	+	as follows: 32
	339	+	(2)(A) The Division of Community Correction shall develop an 33
	340	+	intermediate sanctions procedure and grid to guide a probation officer in 34
	341	+	determining the appropriate response to prosocial behavior or a violation of 35
	342	+	conditions of supervision. 36 SB485
161	343
162		-	5 04-03-2025 09:20:34 CEB177
	344	+	10 03/17/2025 3:29:12 PM CEB177
	345	+	(B) Intermediate sanctions Sanctions administered by the 1
	346	+	Division of Community Correction are required to conform to the incentives 2
	347	+	and sanctioning grid. 3
	348	+	(C) The intermediate incentives and sanctioning grid shall 4
	349	+	include: 5
	350	+	(i) An assignment of point values , graduated by risk 6
	351	+	levels, to commonly occurring violations of terms of probation or criminal 7
	352	+	behavior; 8
	353	+	(ii) An assignment of point values to and suitable 9
	354	+	rewards for behaviors that demonstrate prosocial effort or decrease the 10
	355	+	likelihood of recidivism, including without limitation: 11
	356	+	(a) Education; 12
	357	+	(b) Workforce development; 13
	358	+	(c) Community service; and 14
	359	+	(d) Behavioral health programming; and 15
	360	+	(e) Any prosocial activity; 16
	361	+	(iii) Details on the mechanisms by which points are 17
	362	+	accumulated and reduced; and 18
	363	+	(iv) Guidance on which intermediate sanctions should 19
	364	+	be applied at which point thresholds ; 20
	365	+	(v) Rewards that are attainable and meaningful at 21
	366	+	each risk level to motivate individuals throughout stages of supervision, 22
	367	+	including without limitation achieving individualized goals, milestones, and 23
	368	+	accomplishments; and 24
	369	+	(vi) Guidance on the appropriate motivational ratio 25
	370	+	of rewards to sanctions . 26
	371	+	27
	372	+	SECTION 18. Arkansas Code § 16 -93-712(a), concerning parole 28
	373	+	supervision, is amended to read as follows: 29
	374	+	(a)(1) The Post-Prison Transfer Board shall establish written policies 30
	375	+	and procedures governing the supervision of parolees designed to enhance 31
	376	+	public safety and to assist the parolees in reintegrating into society. 32
	377	+	(2)(A) The supervision of parolees shall be based on evidence -33
	378	+	based practices based on current research , including a validated risk -needs 34
	379	+	assessment. 35
	380	+	(B) Decisions shall target the parolee's criminal risk 36 SB485
163	381
	382	+	11 03/17/2025 3:29:12 PM CEB177
	383	+	factors with appropriate supervision and treatment designed to reduce the 1
	384	+	likelihood of reoffense. 2
	385	+	(C) Conditions of supervision shall be the least 3
	386	+	restrictive conditions necessary for rehabilitation and public safety and 4
	387	+	narrowly tailored to the criminogenic risks and needs of the individual 5
	388	+	parolee. 6
	389	+	7
	390	+	SECTION 19. Arkansas Code § 16 -93-712(c), concerning the services 8
	391	+	provided to people under parole supervision, is amended to add an additional 9
	392	+	subdivision to read as follows: 10
	393	+	(3) The Department of Corrections shall: 11
	394	+	(A) Develop a process for annually evaluating each 12
	395	+	provider under subdivision (c)(2) of this section; 13
	396	+	(B) Establish a clear policy disqualifying a noncompliant 14
	397	+	provider from receiving public funds until the provider demonstrates the 15
	398	+	ability to comply; and 16
	399	+	(C) Provide an annual report to the Legislative Council 17
	400	+	regarding the results of annual evaluations and each noncompliant provider. 18
	401	+	19
	402	+	SECTION 20. Arkansas Code § 16 -93-712(d)(2), concerning administrative 20
	403	+	sanctions while on parole, is amended to read as follows: 21
	404	+	(2)(A)(i) The Division of Community Correction shall develop an 22
	405	+	intermediate incentives and sanctions procedure and grid to guide a community 23
	406	+	supervision officer in determining the appropriate response to prosocial 24
	407	+	behaviors or a violation of conditions of supervision. 25
	408	+	(ii) The intermediate incentives and sanctions 26
	409	+	procedure shall include a requirement that the community supervision officer 27
	410	+	consider multiple factors when determining the sanction to be imposed, 28
	411	+	including risk level, previous violations and sanctions , and the severity of 29
	412	+	the current and prior violation. 30
	413	+	(B) Intermediate Incentives and sanctions administered by 31
	414	+	the Division of Community Correction are required to conform to the 32
	415	+	incentives and sanctioning grid. 33
	416	+	(C) The intermediate incentives and sanctioning grid shall 34
	417	+	include: 35
	418	+	(i) An assignment of point values to commonly 36 SB485
164	419
165		-	SECTION 8. Arkansas Code § 12 -29-112, concerning the discharge or 1
166		-	release of an inmate from a state facility, is amended to add additional 2
167		-	subsections to read as follows: 3
168		-	(f) To the extent that an inmate is engaging in prosocial activities 4
169		-	while incarcerated, the inmate’s reentry plan shall prioritize the 5
170		-	continuation of those activities, including without limitation continued 6
171		-	employment and continued participation in mental health treatment or 7
172		-	substance abuse treatment, or both. 8
173		-	(g) As used in this section, "prosocial" means positive behaviors, 9
174		-	activities, efforts, and attitudes that, according to current research, 10
175		-	encourage an individual to adhere to societal norms and avoid criminal 11
176		-	behavior. 12
177		-	13
178		-	SECTION 9. Arkansas Code § 16 -10-103, concerning the training and 14
179		-	education of court personnel, is amended to add an additional subsection to 15
180		-	read as follows: 16
181		-	(c) The Administrative Office of the Courts shall consult with the 17
182		-	Department of Corrections to develop training and judicial education on the 18
183		-	use of evidence-based practices to reduce recidivism, including without 19
184		-	limitation the use of risk and needs assessment tools. 20
185		-	21
186		-	SECTION 10. Arkansas Code § 16 -13-703(c)(2), concerning imprisonment 22
187		-	credit for a period of imprisonment for nonpayment of a fine, is amended to 23
188		-	read as follows: 24
189		-	(2)(A) The period of imprisonment shall not exceed one (1) day 25
190		-	for each forty dollars ($40.00) one hundred dollars ($100) of the fine, 26
191		-	thirty (30) days if the fine was imposed upon conviction of a misdemeanor, or 27
192		-	one (1) year if the fine was imposed upon conviction of a felony, whichever 28
193		-	is the shorter period. 29
194		-	(B)(i) The For a defendant who was eligible to be 30
195		-	represented by a public defender, the total amount of fines owed shall not 31
196		-	automatically be reduced by the period of imprisonment , but the court may 32
197		-	with a credit forty dollars ($40.00) of one hundred dollars ($100) for each 33
198		-	day of imprisonment against the total fine, excluding any amount owed for 34
199		-	restitution, the defendant has been sentenced to pay. 35
200		-	(ii) A defendant who was not eligible to be 36 As Engrossed: S4/3/25 SB485
	420	+	12 03/17/2025 3:29:12 PM CEB177
	421	+	occurring violations of terms of parole or criminal behavior; 1
	422	+	(ii) An assignment of point values to and suitable 2
	423	+	rewards for behaviors that demonstrate prosocial effort or decrease the 3
	424	+	likelihood of recidivism, including without limitation: 4
	425	+	(a) Education; 5
	426	+	(b) Workforce development; 6
	427	+	(c) Community service; and 7
	428	+	(d) Behavioral health programming; and 8
	429	+	(e) Any prosocial accomplishment; 9
	430	+	(iii) Details on the mechanisms by which points are 10
	431	+	accumulated and reduced; and 11
	432	+	(iv) Guidance on which intermediate sanctions should 12
	433	+	be applied at which point thresholds ; 13
	434	+	(v) Rewards that are attainable and meaningful at 14
	435	+	each risk level to motivate individuals throughout the stages of supervision, 15
	436	+	including achieving individualized goals, milestones, and accomplishments; 16
	437	+	and 17
	438	+	(vi) Guidance on the appropriate motivational ratio 18
	439	+	of rewards to sanctions . 19
	440	+	20
	441	+	SECTION 21. Arkansas Code § 16 -93-1202(6), concerning the definition 21
	442	+	of "eligibility" or "eligible offender" with respect to community correction, 22
	443	+	is amended to read as follows: 23
	444	+	(6) “Eligibility” or “eligible offender” means any person 24
	445	+	convicted of a felony who is by law eligible for such sentence or who is 25
	446	+	otherwise under the supervision of the Division of Community Correction and 26
	447	+	who: 27
	448	+	(A) who falls Falls within the population targeted by the 28
	449	+	General Assembly for inclusion in community correction facilities ; 29
	450	+	(B) and who has Has not been subject to a disciplinary 30
	451	+	violation for a violent act or for sexual misconduct while in the custody of 31
	452	+	a jail or correctional facility ; and 32
	453	+	(C) does Does not have a current or previous conviction 33
	454	+	for a violent or sexual offense listed under subdivision (10)(A)(ii) of this 34
	455	+	section unless the previous conviction: 35
	456	+	(i) Was more than five (5) years before the instant 36 SB485
201	457
202		-	6 04-03-2025 09:20:34 CEB177
203		-
204		-
205		-	represented by a public defender may petition the court for the relief 1
206		-	provided under subdivision (c)(2)(B)(i) of this section. 2
	458	+	13 03/17/2025 3:29:12 PM CEB177
	459	+	offense; and 1
	460	+	(ii) Resulted in a sentence that has expired ; 2
207	461		3
208		-	SECTION 11. Arkansas Code § 16 -90-102, concerning presentence officers 4
209		-	appointed by the judicial district to prepare presentence reports, is amended 5
210		-	to add an additional subsection to read as follows: 6
211		-	(d) Notwithstanding subsections (a) through (c) of this section and 7
212		-	subject to funding by the General Assembly, the Administrative Office of the 8
213		-	Courts shall develop a pilot program to expand the number of presentence 9
214		-	officers dedicated to preparing presentence reports with a validated risk and 10
215		-	needs assessment component. 11
216		-	12
217		-	SECTION 12. Arkansas Code § 16 -90-802(d)(1), concerning the powers and 13
218		-	duties of the Arkansas Sentencing Commission, is amended to read as follows: 14
219		-	(1)(A) The commission shall adopt an initial sentencing 15
220		-	standards grid and an offense seriousness reference table based upon the 16
221		-	statutory parameters and additional data and information gathered before 17
222		-	January 1, 1994. 18
223		-	(B) The commission shall also set : 19
224		-	(i) the The percentage of time within parameters set 20
225		-	by law to be served for offenses at each seriousness level before any type of 21
226		-	transfer or release; and 22
227		-	(ii) Guidelines for presumptive periods of 23
228		-	suspension or probation; 24
229		-	25
230		-	SECTION 13. Arkansas Code § 16 -90-802(d)(11), concerning the powers 26
231		-	and duties of the Arkansas Sentencing Commission, is amended to read as 27
232		-	follows: 28
233		-	(11) Coordinate with the Director of the Arkansas Sentencing 29
234		-	Commission, the Division of Correction, and the Division of Community 30
235		-	Correction to develop policy to ensure that the intake process best utilizes 31
236		-	maximizes the use of beds in nontraditional correctional facilities, 32
237		-	including without limitation community correction centers, work release 33
238		-	centers, and reentry facilities; and 34
239		-	35
240		-	SECTION 14. Arkansas Code § 16 -90-1304(b), concerning the application 36 As Engrossed: S4/3/25 SB485
241		-
242		-	7 04-03-2025 09:20:34 CEB177
243		-
244		-
245		-	of earned discharge and completion of sentence, is amended to read as 1
246		-	follows: 2
247		-	(b)(1) No less If the Division of Community Correction proposes to 3
248		-	discharge the sentence of a person under community supervision under this 4
249		-	subchapter, no fewer than forty-five (45) days before the discharge date, the 5
250		-	Division of Community Correction division shall submit notice to: 6
251		-	(A) The prosecuting attorney; and 7
252		-	(B) The Post-Prison Transfer Board. 8
253		-	(2)(A) Within thirty (30) days of receipt of the earned 9
254		-	discharge notice under subdivision (b)(1) of this section , the prosecuting 10
255		-	attorney or the board may submit to the division in writing any reasonable 11
256		-	objection to early discharge under this subchapter warranting the forfeiture 12
257		-	of earned-discharge credit. 13
258		-	(B) An objection submitted under subdivision (b)(2)(A) of 14
259		-	this section shall be in writing and state the reason for the objection. 15
260		-	(3) If an objection under subdivision (b)(2) of this section is 16
261		-	lodged, the division shall immediately suspend the discharge of the sentence. 17
262		-	(4) The parolee or probationer may file a petition for review in 18
263		-	the sentencing court. 19
264		-	(5) A review shall be conducted in the sentencing court within 20
265		-	fourteen (14) days of the filing of the petition. 21
266		-	(6)(A) The sentencing court shall consider the objections 22
267		-	against the person based solely on the information contained in the petition. 23
268		-	(B) The sentencing court shall determine, based on a 24
269		-	preponderance of the evidence, whether the person should not be discharged 25
270		-	from the sentence because, if the information contained in the petition had 26
271		-	been known to the division, the division would have ordered the forfeiture of 27
272		-	any of the discharge credit earned to that point or if insufficient evidence 28
273		-	exists that would warrant the forfeiture of discharge credit. 29
274		-	(C) If the sentencing court finds sufficient evidence 30
275		-	warranting a forfeiture of discharge credits, the division shall make the 31
276		-	necessary forfeiture of earned discharge credit appropriate for the type of 32
277		-	misconduct asserted in the objection. 33
278		-	(D)(i) If the sentencing court does not find sufficient 34
279		-	evidence exists that warrants forfeiture of discharge credits, the division 35
280		-	shall discharge the person immediately if the date upon which the completion 36 As Engrossed: S4/3/25 SB485
281		-
282		-	8 04-03-2025 09:20:34 CEB177
283		-
284		-
285		-	of the sentence occurred has passed. 1
286		-	(ii) If the date for completion of the sentence has 2
287		-	not occurred, the person shall return to the status held at the point the 3
288		-	objection was filed. 4
289		-	5
290		-	SECTION 15. Arkansas Code § 16 -93-101, concerning definitions with 6
291		-	respect to probation and parole, is amended to add additional subdivisions to 7
292		-	read as follows: 8
293		-	(16) "Criminogenic" means those factors which are static and 9
294		-	dynamic personal and situational characteristics that increase the risk of 10
295		-	criminality and reoffending; and 11
296		-	(17) "Prosocial" means positive behaviors, activities, efforts, 12
297		-	and attitudes that, according to current research, encourage an individual to 13
298		-	adhere to societal norms and avoid criminal behavior. 14
299		-	15
300		-	SECTION 16. Arkansas Code § 16-93-306(c), concerning probation 16
301		-	supervision generally, is amended to read as follows: 17
302		-	(c)(1) The Division of Community Correction shall allocate resources, 18
303		-	including the assignment of probation officers, to focus on moderate -risk and 19
304		-	high-risk offenders as determined by the actuarial assessment provided in 20
305		-	subdivision (b)(6) of this section. 21
306		-	(2) The Division of Community Correction shall require public 22
307		-	and private treatment and service providers that receive state funds for the 23
308		-	treatment of or service for probationers to use evidence -based programs and 24
309		-	practices. 25
310		-	(3) The Department of Corrections shall: 26
311		-	(A) Develop a process for annually evaluating each 27
312		-	provider under subdivision (c)(2) of this section; and 28
313		-	(B) Establish a clear policy disqualifying a noncompliant 29
314		-	provider from receiving public funds until the provider demonstrates the 30
315		-	ability to comply with the requirements of subdivision (c)(2) of this 31
316		-	section. 32
317		-	(4) In addition to the requirements in § 12 -27-104, the Board of 33
318		-	Corrections shall include in its annual report the results of annual 34
319		-	evaluations under subdivision (c)(3)(A) of this section, listing each 35
320		-	provider determined to be noncompliant. 36 As Engrossed: S4/3/25 SB485
321		-
322		-	9 04-03-2025 09:20:34 CEB177
323		-
324		-
325		-	(5) The Division of Community Correction shall develop a 1
326		-	feedback system that routinely provides the Division of Community Correction 2
327		-	with process and aggregated outcome data. 3
328		-	4
329		-	SECTION 17. Arkansas Code § 16 -93-306(d)(2), concerning 5
330		-	administrative sanctions while on probation supervision, is amended to read 6
331		-	as follows: 7
332		-	(2)(A) The Division of Community Correction shall develop an 8
333		-	intermediate incentives and sanctions procedure and grid to guide a probation 9
334		-	officer in determining the appropriate response to prosocial behavior or a 10
335		-	violation of conditions of supervision. 11
336		-	(B) Intermediate sanctions Sanctions administered by the 12
337		-	Division of Community Correction are required to conform to the incentives 13
338		-	and sanctioning grid. 14
339		-	(C) The intermediate incentives and sanctioning grid shall 15
340		-	include: 16
341		-	(i) An assignment of point values to commonly 17
342		-	occurring violations of terms of probation or criminal behavior; 18
343		-	(ii) An assignment of point values to and suitable 19
344		-	rewards for behaviors that demonstrate prosocial effort or decrease the 20
345		-	likelihood of recidivism, including without limitation: 21
346		-	(a) Education; 22
347		-	(b) Workforce development; 23
348		-	(c) Community service; and 24
349		-	(d) Behavioral health programming; and 25
350		-	(e) Prosocial activity; 26
351		-	(iii) Details on the mechanisms by which points are 27
352		-	accumulated and reduced; and 28
353		-	(iv) Guidance on which intermediate sanctions should 29
354		-	be applied at which point thresholds ; 30
355		-	(v) Rewards that are attainable and meaningful at 31
356		-	each risk level to motivate individuals throughout stages of supervision, 32
357		-	including without limitation achieving individualized goals, milestones, and 33
358		-	accomplishments; and 34
359		-	(vi) Guidance on the appropriate motivational ratio 35
360		-	of rewards to sanctions . 36 As Engrossed: S4/3/25 SB485
361		-
362		-	10 04-03-2025 09:20:34 CEB177
363		-
364		-
365		-	1
366		-	SECTION 18. Arkansas Code § 16 -93-712(a), concerning parole 2
367		-	supervision, is amended to read as follows: 3
368		-	(a)(1) The Post-Prison Transfer Board shall establish written policies 4
369		-	and procedures governing the supervision of parolees designed to enhance 5
370		-	public safety and to assist the parolees in reintegrating into society. 6
371		-	(2)(A) The supervision of parolees shall be based on evidence -7
372		-	based practices based on current research , including a validated risk -needs 8
373		-	assessment. 9
374		-	(B) Decisions shall target the parolee's criminal risk 10
375		-	factors with appropriate supervision and treatment designed to reduce the 11
376		-	likelihood of reoffense. 12
377		-	(C) Conditions of supervision shall be narrowly tailored 13
378		-	to: 14
379		-	(i) Account for the rehabilitation of the parolee 15
380		-	and for public safety; and 16
381		-	(ii) The criminogenic risks and needs of the 17
382		-	individual parolee. 18
383		-	19
384		-	SECTION 19. Arkansas Code § 16 -93-712(c), concerning the services 20
385		-	provided to people under parole supervision, is amended to add an additional 21
386		-	subdivision to read as follows: 22
387		-	(3) The Department of Corrections shall: 23
388		-	(A) Develop a process for annually evaluating each 24
389		-	provider under subdivision (c)(2) of this section; and 25
390		-	(B) Establish a clear policy disqualifying a noncompliant 26
391		-	provider from receiving public funds until the provider demonstrates the 27
392		-	ability to comply with the requirements under subdivision (c)(2) of this 28
393		-	section. 29
394		-	(4) In addition to the requirements in § 12 -27-104, the Board of 30
395		-	Corrections shall include in the annual report the results of annual 31
396		-	evaluations under subdivision (c)(3)(A) of this section, listing each 32
397		-	provider determined to be noncompliant. 33
398		-	34
399		-	SECTION 20. Arkansas Code § 16 -93-712(d)(2), concerning administrative 35
400		-	sanctions while on parole, is amended to read as follows: 36 As Engrossed: S4/3/25 SB485
401		-
402		-	11 04-03-2025 09:20:34 CEB177
403		-
404		-
405		-	(2)(A)(i) The Division of Community Correction shall develop an 1
406		-	intermediate incentives and sanctions procedure and grid to guide a community 2
407		-	supervision officer in determining the appropriate response to prosocial 3
408		-	behaviors or a violation of conditions of supervision. 4
409		-	(ii) The intermediate incentives and sanctions 5
410		-	procedure shall include a requirement that the community supervision officer 6
411		-	consider multiple factors when determining the sanction to be imposed, 7
412		-	including risk level, previous violations and sanctions , and the severity of 8
413		-	the current and prior violation. 9
414		-	(B) Intermediate Incentives and sanctions administered by 10
415		-	the Division of Community Correction are required to conform to the 11
416		-	incentives and sanctioning grid. 12
417		-	(C) The intermediate incentives and sanctioning grid shall 13
418		-	include: 14
419		-	(i) An assignment of point values to commonly 15
420		-	occurring violations of terms of parole or criminal behavior; 16
421		-	(ii) An assignment of point values to and suitable 17
422		-	rewards for behaviors that demonstrate prosocial effort or decrease the 18
423		-	likelihood of recidivism, including without limitation: 19
424		-	(a) Education; 20
425		-	(b) Workforce development; 21
426		-	(c) Community service; and 22
427		-	(d) Behavioral health programming; and 23
428		-	(e) Prosocial activity; 24
429		-	(iii) Details on the mechanisms by which points are 25
430		-	accumulated and reduced; and 26
431		-	(iv) Guidance on which intermediate sanctions should 27
432		-	be applied at which point thresholds ; 28
433		-	(v) Rewards that are attainable and meaningful at 29
434		-	each risk level to encourage individuals throughout the stages of 30
435		-	supervision, including without limitation achieving individualized goals, 31
436		-	milestones, and accomplishments; and 32
437		-	(vi) Guidance on the appropriate motivational ratio 33
438		-	of rewards to sanctions . 34
439		-	35
440		-	SECTION 21. Arkansas Code § 16 -93-1202(6), concerning the definition 36 As Engrossed: S4/3/25 SB485
441		-
442		-	12 04-03-2025 09:20:34 CEB177
443		-
444		-
445		-	of "eligibility" or "eligible offender" with respect to community correction, 1
446		-	is amended to read as follows: 2
447		-	(6) “Eligibility” or “eligible offender” means any person 3
448		-	convicted of a felony who is by law eligible for such sentence or who is 4
449		-	otherwise under the supervision of the Division of Community Correction and 5
450		-	who: 6
451		-	(A) who falls Falls within the population targeted by the 7
452		-	General Assembly for inclusion in community correction facilities ; 8
453		-	(B) and who has Has not been subject to a disciplinary 9
454		-	violation for a violent act or for sexual misconduct while in the custody of 10
455		-	a jail or correctional facility ; and 11
456		-	(C) does Does not have a current or previous conviction 12
457		-	for a violent or sexual offense listed under subdivision (10)(A)(ii) of this 13
458		-	section unless the previous conviction: 14
459		-	(i) Was more than five (5) years before the instant 15
460		-	offense; and 16
461		-	(ii) Resulted in a sentence that has expired ; 17
462		-	18
463		-	SECTION 22. Arkansas Code § 16-93-1906(a)(3), concerning post -release 19
464		-	supervision, is amended to add an additional subdivision to read as follows: 20
465		-	(C) Conditions of post -release supervision shall be 21
466		-	narrowly tailored to: 22
467		-	(i) Account for the rehabilitation of the offender 23
468		-	and for public safety; and 24
469		-	(ii) The criminogenic risks and needs of the 25
470		-	offender. 26
471		-	27
472		-	SECTION 23. Arkansas Code § 16 -93-1906(c), concerning the services 28
473		-	provided people who are under post -release supervision, is amended to add 29
474		-	additional subdivisions to read as follows: 30
475		-	(3) The Department of Corrections shall: 31
476		-	(A) Develop a process for annually evaluating each 32
477		-	provider under subdivision (c)(2) of this section; and 33
478		-	(B) Establish a clear policy disqualifying a noncompliant 34
479		-	provider from receiving public funds until the provider demonstrates the 35
480		-	ability to comply with the requirements of subdivision (c)(2) of this 36 As Engrossed: S4/3/25 SB485
481		-
482		-	13 04-03-2025 09:20:34 CEB177
483		-
484		-
485		-	section. 1
486		-	(4) In addition to the requirements in § 12 -27-104, the Board of 2
487		-	Corrections shall include in the annual report the results of annual 3
488		-	evaluations under subdivision (c)(3)(A) of this section, listing each 4
489		-	provider determined to be noncompliant. 5
490		-	6
491		-	SECTION 24. Arkansas Code § 16 -93-1907(a)(2), concerning 7
492		-	administrative sanctions while on post -release supervision, is amended to 8
493		-	read as follows: 9
494		-	(2)(A) The Division of Community Correction shall develop an 10
495		-	intermediate incentives and sanctions procedure and an intermediate 11
496		-	incentives and sanctions grid to guide a community supervision officer in 12
497		-	determining the appropriate response to prosocial behavior or a violation of 13
498		-	the conditions of supervision. 14
499		-	(B) Intermediate Incentives and sanctions administered by 15
500		-	the Division of Community Correction shall conform to the intermediate 16
501		-	incentives and sanctions grid. 17
502		-	(C) The intermediate incentives and sanctions grid shall 18
503		-	include: 19
504		-	(i) An assignment of point values to commonly 20
505		-	occurring violations of terms of post -release supervision or criminal 21
506		-	behavior; 22
507		-	(ii) An assignment of point values to and suitable 23
508		-	rewards for behaviors that demonstrate prosocial effort or decrease the 24
509		-	likelihood of recidivism including without limitation: 25
510		-	(a) Education; 26
511		-	(b) Workforce development; 27
512		-	(c) Community service; and 28
513		-	(d) Behavioral health programming; and 29
514		-	(e) Prosocial activity; 30
515		-	(iii) Details on the mechanisms by which points are 31
516		-	accumulated and reduced; and 32
517		-	(iv) Guidance on which intermediate sanctions should 33
518		-	be applied at which points point thresholds; 34
519		-	(v) Rewards that are attainable and meaningful at 35
520		-	each risk level to encourage individuals throughout the stages of 36 As Engrossed: S4/3/25 SB485
521		-
522		-	14 04-03-2025 09:20:34 CEB177
523		-
524		-
525		-	supervision, including without limitation achieving individualized goals, 1
526		-	milestones, and accomplishments; and 2
527		-	(vi) Guidance on the appropriate motivational ratio 3
528		-	of rewards to sanctions . 4
529		-	5
530		-	/s/C. Tucker 6
531		-	7
532		-	8
533		-	APPROVED: 4/16/25 9
534		-	10
	462	+	SECTION 22. Arkansas Code § 16 -93-1906(a)(3), concerning post -release 4
	463	+	supervision, is amended to add an additional subdivision to read as follows: 5
	464	+	(C) Conditions of post -release supervision shall be: 6
	465	+	(i) The least restrictive conditions necessary for 7
	466	+	rehabilitation and public safety; and 8
	467	+	(ii) Narrowly tailored to the criminogenic risks and 9
	468	+	needs of the offender. 10
535	469		11
536		-	12
537		-	13
538		-	14
539		-	15
540		-	16
541		-	17
542		-	18
543		-	19
544		-	20
545		-	21
546		-	22
	470	+	SECTION 23. Arkansas Code § 16 -93-1906(c), concerning the services 12
	471	+	provided people who are under post -release supervision, is amended to add an 13
	472	+	additional subdivision to read as follows: 14
	473	+	(3) The Department of Corrections shall: 15
	474	+	(A) Develop a process for annually evaluating each 16
	475	+	provider under subdivision (c)(2) of this section; 17
	476	+	(B) Establish a clear policy disqualifying a noncompliant 18
	477	+	provider from receiving public funds until the provider demonstrates the 19
	478	+	ability to comply; and 20
	479	+	(C) Provide an annual report to the Legislative Council 21
	480	+	regarding the results of annual evaluations and each noncompliant provider. 22
547	481		23
548	482		24
549	483		25
550	484		26
551	485		27
552	486		28
553	487		29
554	488		30
555	489		31
556	490		32
557	491		33
558	492		34
559	493		35
560	494		36