AR
Arkansas Senate Bill SB539

Arkansas 2025 Regular Session

Arkansas Senate Bill SB539 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 723 of the Regular Session
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5-State of Arkansas As Engrossed: S4/1/25 1
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3+State of Arkansas 1
64 95th General Assembly A Bill 2
75 Regular Session, 2025 SENATE BILL 539 3
86 4
97 By: Senator Gilmore 5
108 By: Representative Gazaway 6
119 7
1210 For An Act To Be Entitled 8
1311 AN ACT TO UPDATE AND CLARIFY CERTAIN PORTIONS OF THE 9
1412 LAW REGARDING THE DIVISION OF COMMUNITY CORRECTION 10
1513 AND THE DIVISION OF CORRECTION; TO CLARIFY REFERENCES 11
1614 TO COMMUNITY CORRECTION CENTERS; TO TRANSFER SEX 12
1715 OFFENDER COMMUNITY NOTIFICATION ASSESSMENTS TO THE 13
1816 DEPARTMENT OF CORRECTIONS; TO DECLARE AN EMERGENCY; 14
1917 AND FOR OTHER PURPOSES. 15
2018 16
2119 17
2220 Subtitle 18
2321 TO UPDATE AND CLARIFY CERTAIN PORTIONS 19
2422 OF THE LAW REGARDING THE DIVISION OF 20
2523 COMMUNITY CORRECTION AND THE DIVISION OF 21
2624 CORRECTION; TO CLARIFY REFERENCES TO 22
2725 COMMUNITY CORRECTION CENTERS; AND TO 23
2826 DECLARE AN EMERGENCY. 24
2927 25
3028 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
3129 27
3230 SECTION 1. Arkansas Code § 5 -4-304(c)(1), concerning confinement as a 28
3331 condition of a suspended sentence or probation, is amended to read as 29
3432 follows: 30
3533 (c)(1)(A) The period actually spent in confinement pursuant to this 31
3634 section in a county jail, city jail, or other authorized local detention, 32
3735 correctional, or rehabilitative facility shall not exceed: 33
3836 (i) One hundred twenty (120) days in the case of a 34
3937 felony; or 35
40- (ii) Thirty (30) days in the case of a misdemeanor. 36 As Engrossed: S4/1/25 SB539
38+ (ii) Thirty (30) days in the case of a misdemeanor. 36 SB539
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4541 (B) In the case of confinement to a facility in the 1
4642 Division of Community Correction community correction center operated or 2
4743 contracted by a division of the Department of Corrections , the period 3
4844 actually spent in confinement under this section shall not exceed three 4
4945 hundred sixty-five (365) days. 5
5046 6
5147 SECTION 2. Arkansas Code § 5 -4-312(b), concerning placement in a 7
5248 community correction program, is amended to read as follows: 8
5349 (b) Upon a preliminary determination by a court that a defendant is an 9
5450 eligible offender and that placement in a community correction program under 10
5551 § 16-93-1201 et seq. is proper, the court may: 11
5652 (1)(A) Suspend the imposition of the sentence or place the 12
5753 defendant on probation, under § 5 -4-104, § 5-4-201 et seq., §§ 5-4-301 — 5-4-13
5854 307, and § 16-93-314. 14
5955 (B) A sentence under subdivision (b)(1)(A) of this section 15
6056 may be accompanied by assignment to a community correction program under § 16
6157 16-93-1201 et seq. for a designated period of time commensurate with the 17
6258 goals of the community correction program assignment and the rules 18
6359 established by the Board of Corrections for the operation of community 19
6460 correction programs. 20
6561 (C) The court shall maintain jurisdiction over the 21
6662 defendant sentenced under subdivision (b)(1)(A) of this section with 22
6763 supervision outside the confines of the specific programming provided by 23
6864 probation officers assigned to the court. 24
6965 (D)(i) If a person sentenced under subdivision (b)(1)(A) 25
7066 of this section violates any term or condition of his or her sentence or term 26
7167 of probation, revocation of the sentence or term of probation shall be 27
7268 consistent with the procedures established by law for the revocation of 28
7369 suspended imposition of sentence or probation. 29
7470 (ii) Upon revocation as described in subdivision 30
7571 (b)(1)(D)(i) of this section, the court shall determine whether the defendant 31
7672 shall remain under the jurisdiction of the court and be assigned to a more 32
7773 restrictive community correction program, facility, or institution for a 33
7874 period of time or committed to the Division of Correction. a secured facility 34
7975 operated or contracted by a division of the Department of Corrections; 35
80- (iii) If the defendant is committed to the Division 36 As Engrossed: S4/1/25 SB539
76+ (iii) If the defendant is committed to the Division 36 SB539
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8579 of Correction under subdivision (b)(1)(D)(ii) of this section, the court 1
8680 shall specify if the commitment is for judicial transfer of the defendant to 2
8781 the Division of Community Correction or is a commitment to the Division of 3
8882 Correction; 4
8983 (2)(A) Commit the defendant to the custody of the Division of 5
9084 Correction for judicial transfer to t he Division of Community Correction a 6
9185 community correction center operated or contracted by a division of the 7
9286 department subject to the following: 8
9387 (i) That the sentence imposed provides that the 9
9488 defendant shall not serve more than three (3) years of confinement, with 10
9589 credit for meritorious good time or earned release credits , with initial 11
9690 placement in a Division of Community Correction facility community correction 12
9791 center operated or contracted by a division of the department ; and 13
9892 (ii) That the preliminary placement in the Division 14
9993 of Community Correction facility a community correction center operated or 15
10094 contracted by a division of the department is conditioned upon the Division 16
10195 of Community Correction's department's final determination of the defendant's 17
10296 initial and continuing eligibility for Division of Community Correction 18
10397 community correction center placement and the defendant's compliance with all 19
10498 applicable rules established by the Board of Corrections for community 20
10599 correction programs. 21
106100 (B) Post-prison supervision of the defendant shall 22
107101 accompany and follow the community correction program when appropriate; or 23
108102 (3)(A) Sentence the defendant to the Division of Correction, 24
109103 granting the Division of Correction the ability to administratively transfer 25
110104 the defendant to the Division of Community Correction a community correction 26
111105 center operated or contracted by a division of the department if the Division 27
112106 of Correction determines that the sentence imposed meets the eligibility 28
113107 requirements for placement in a community correction program under this 29
114108 subchapter and § 16-93-1201 et seq. 30
115109 (B) Administrative transfer to the Division of Community 31
116110 Correction a community correction center operated or contracted by a division 32
117111 of the department under subdivision (b)(3)(A) of this section is conditioned 33
118112 upon bed space availability and upon the Division of Community Correction's 34
119113 department's final determination of the defendant's initial and continuing 35
120-eligibility for Division of Community Correction community correction center 36 As Engrossed: S4/1/25 SB539
114+eligibility for Division of Community Correction community correction center 36 SB539
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125117 placement. 1
126118 (C) A determination of ineligibility under subdivision 2
127119 (b)(3)(B) of this section by the Division of Community Correction department 3
128120 shall result in the immediate return removal of the defendant to the Division 4
129121 of Correction from the community correction center . 5
130122 (D) A decision to release a defendant administratively 6
131123 transferred to the Division of Community Correction from the Division of 7
132124 Correction a community correction center under subdivision (b)(3)(A) of this 8
133125 section is vested solely with the Post -Prison Transfer Board. 9
134126 10
135127 SECTION 3. Arkansas Code § 5 -4-312(d)(1), concerning a defendant not 11
136128 eligible for placement in a community correction program, is amended to read 12
137129 as follows: 13
138130 (d)(1) If after receipt of an order directing a defendant to a 14
139131 community correction center, the Division of Community Correction department 15
140132 determines that the defendant is not eligible for placement in a community 16
141133 correction program under § 16 -93-1201 et seq., the Division of Community 17
142134 Correction department shall not admit the defendant to the community 18
143135 correction center but shall immediately notify the prosecuting attorney in 19
144136 writing. 20
145137 21
146138 SECTION 4. Arkansas Code § 12 -12-911(b)(1), concerning the Sex and 22
147139 Child Offenders Registration Fund, is amended to read as follows: 23
148140 (b)(1) This fund shall consist of special revenues collected pursuant 24
149141 to § 12-12-910, there to be used equally by the Arkansas Crime Information 25
150142 Center and the Division of Correction Department of Corrections for the 26
151143 administration of this subchapter. 27
152144 28
153145 SECTION 5. Arkansas Code § 12 -12-913(c) and (d), concerning the 29
154146 disclosure of sex offender registration records, are amended to read as 30
155147 follows: 31
156148 (c)(1)(A) The Sex Offender Assessment Committee shall promulgate 32
157149 guidelines and procedures for the disclosure of relevant and necessary 33
158150 information regarding sex offenders to the public when the release of the 34
159151 information is necessary for public protection. 35
160- (B) In developing the guidelines and procedures, the Sex 36 As Engrossed: S4/1/25 SB539
152+ (B) In developing the guidelines and procedures, the Sex 36 SB539
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165155 Offender Assessment Committee shall consult with persons who, by experience 1
166156 or training, have a personal interest or professional expertise in law 2
167157 enforcement, crime prevention, victim advocacy, criminology, psychology, 3
168158 parole, post-release supervision, public education, and community relations. 4
169159 (2)(A) The guidelines and procedures shall identify factors 5
170160 relevant to a sex offender's future dangerousness and likelihood of reoffense 6
171161 or threat to the community. 7
172162 (B) The guidelines and procedures shall also address the 8
173163 extent of the information to be disclosed and the scope of the community to 9
174164 whom disclosure shall be made as these factors relate to the: 10
175165 (i) Level of the sex offender's dangerousness; 11
176166 (ii) Sex offender's pattern of offending behavior; 12
177167 and 13
178168 (iii) Need of community members for information to 14
179169 enhance their individual and collective safety. 15
180170 (3) The Sex Offender Assessment Committee shall submit the 16
181171 proposed guidelines and procedures to the House Committee on Public Health, 17
182172 Welfare, and Labor and the Senate Committee on Public Health, Welfare, and 18
183173 Labor for their review and shall report to the House Committee on Public 19
184174 Health, Welfare, and Labor and the Senate Committee on Public Health, 20
185175 Welfare, and Labor every six (6) months on the implementation of this 21
186176 section. 22
187177 (d)(1) A local law enforcement agency having jurisdiction that decides 23
188178 to disclose information pursuant to this section shall make a good faith 24
189179 effort to notify the public and residents at least fourteen (14) days before 25
190180 a sex offender is released or placed into the community. 26
191181 (2) If a change occurs in a sex offender's release plan, this 27
192182 notification provision shall not require an extension of the release date. 28
193183 (3) In conjunction with the notice provided under § 12 -12-914, 29
194184 the Division of Correction Department of Corrections and the Department of 30
195185 Human Services shall make available to a local law enforcement agency having 31
196186 jurisdiction all information that the Division of Correction Department of 32
197187 corrections and the Department of Human Services have concerning the sex 33
198188 offender, including information on risk factors in the sex offender's 34
199189 history. 35
200- 36 As Engrossed: S4/1/25 SB539
190+ 36 SB539
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205193 SECTION 6. Arkansas Code § 12 -12-917(g)(1), concerning the assessment 1
206194 of a sex offender, is amended to read as follows: 2
207195 (g)(1) In cooperation with the committee, the Division of Correction 3
208196 Department of Corrections shall promulgate rules to establish the review 4
209197 process for assessment determinations. 5
210198 6
211199 SECTION 7. Arkansas Code § 12 -12-918(b)(2), concerning the evaluation 7
212200 to determine that a defendant is a sexually dangerous person, is amended to 8
213201 read as follows: 9
214202 (2) The cost of the evaluation shall be paid by the Division of 10
215203 Correction Department of Corrections . 11
216204 12
217205 SECTION 8. Arkansas Code § 12 -27-113 is amended to read as follows: 13
218206 12-27-113. Commitments to the Division of Correction — Records. 14
219207 (a)(1) All commitments to the Division of Correction shall be to the 15
220208 Division of Correction and not to a particular institution. 16
221209 (2) Commitments may provide for judicial or administrative 17
222210 transfer to the Division of Community Correction a community correction 18
223211 center operated or contracted by a division of the Department of Corrections . 19
224212 (b)(1) The Director of the Division of Correction, in accordance with 20
225213 the rules and procedures promulgated by the Board of Corrections, shall 21
226214 transfer an inmate to the Division of Community Correction a community 22
227215 correction center operated or contracted by a division of the department , 23
228216 pursuant to a judicial transfer, determine the administrative transfer of an 24
229217 inmate to the Division of Community Correction a community correction center 25
230218 operated or contracted by a division of the department , or assign a newly 26
231219 committed inmate to an appropriate facility of the Division of Correction. 27
232220 (2) The director may transfer an inmate from one (1) facility to 28
233221 another consistent with the commitment and in accordance with treatment, 29
234222 training, and security needs. 30
235223 (3) Inmates may be transferred between the Division of 31
236224 Correction and the Division of Community Correction secured facilities 32
237225 operated or contracted by a division of the department within the constraints 33
238226 of law applicable to judicial or administrative transfer, subject to the 34
239227 policies and rules established by the Board of Corrections and conditions set 35
240-by the Post-Prison Transfer Board. 36 As Engrossed: S4/1/25 SB539
228+by the Post-Prison Transfer Board. 36 SB539
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245231 (4) The Division of Correction shall retain legal custody of all 1
246232 inmates transferred to community correction unless altered by court order. 2
247233 (c)(1) When a prisoner is committed to the Division of Correction, his 3
248234 or her commitment papers must include a report on the circumstances attending 4
249235 the offense, particularly such circumstances as tend to aggravate or 5
250236 extenuate the offense, which report shall be kept in the permanent file of 6
251237 such prisoner. 7
252238 (2) The report shall be prepared by the prosecutor or deputy 8
253239 prosecutor who represented the state in the proceeding against the prisoner. 9
254240 The report shall be approved by the sentencing judge. 10
255241 (d)(1) A county sheriff, a deputy county sheriff, or a trained 11
256242 security contractor shall transport all inmates committed to the Division of 12
257243 Correction or the Division of Community Correction a secured facility 13
258244 operated or contracted by a division of the department as described in this 14
259245 subsection, and the county sheriff is entitled to the fees provided by law. 15
260246 (2) A county sheriff shall notify the director of the number of 16
261247 inmates in his or her charge who are under commitment to the Division of 17
262248 Correction a secured facility operated or contracted by a division of the 18
263249 department, and upon request to the county sheriff by the director, the 19
264250 county sheriff, the deputy county sheriff, or the trained security contractor 20
265251 shall send for, take charge of, and safely transport the inmates to the 21
266252 nearest appropriate secured facility as determined by the Division of 22
267253 Correction or the Division of Community Correction. 23
268254 (3) However, if the county sheriff determines that it would be 24
269255 in the best interest of an inmate and the public to immediately transport the 25
270256 inmate to the Division of Correction or the Division of Community Correction 26
271257 because of overcrowding or another issue, the county sheriff may notify the 27
272258 Division of Correction or the Division of Community Correction of the need 28
273259 for immediate transport and the Division of Correction or the Division of 29
274-Community Correction department shall consider the request in scheduling 30
275-inmates for intake. 31
260+Community Correction shall consider the request in scheduling inmates for 30
261+intake. 31
276262 (e)(1) The director shall make and preserve a full and complete record 32
277-of every inmate committed to the Division of Correction a secured facility 33
278-operated or contracted by a division of the department , along with a 34
279-photograph of the inmate and data pertaining to his or her trial conviction 35
280-and past history. 36 As Engrossed: S4/1/25 SB539
263+of every inmate committed to the Division of Correction, along with a 33
264+photograph of the inmate and data pertaining to his or her trial conviction 34
265+and past history. 35
266+ (2)(A) To protect the integrity of records described in 36 SB539
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269+subdivision (e)(1) of this section and to ensure their proper use, it is 1
270+unlawful to permit inspection of or disclose information contained in records 2
271+described in subdivision (e)(1) of this section or to copy or issue a copy of 3
272+all or part of a record described in subdivision (e)(1) of this section 4
273+except: 5
274+ (i) As authorized by rule; 6
275+ (ii) By order of a court of competent jurisdiction; 7
276+or 8
277+ (iii) Records posted on the Division of Correction's 9
278+website as required by § 12 -27-145. 10
279+ (B) A rule under subdivision (e)(2)(A) of this section 11
280+shall provide for adequate standards of security and confidentiality of 12
281+records described in subdivision (e)(1) of this section. 13
282+ (3) For those inmates committed to the Division of Correction 14
283+and judicially or administratively transferred to the Division of Community 15
284+Correction, the preparation of a record described in subdivision (e)(1) of 16
285+this section may be delegated to the Division of Community Correction 17
286+pursuant to policies applicable to records transmission adopted by the Board 18
287+of Corrections. 19
288+ (4)(3) A rule under subdivision (e)(2)(A) of this section may 20
289+authorize the disclosure of information contained in a record described in 21
290+subdivision (e)(1) of this section for research purposes. 22
291+ (5)(4)(A)(i) Upon written request, an employee of the Bureau of 23
292+Legislative Research acting on behalf of a member of the General Assembly may 24
293+view all records described in subdivision (e)(1) of this section of a current 25
294+or former inmate. 26
295+ (ii) A request under subdivision (e)(5)(A)(i) 27
296+(e)(4)(A)(i) of this section shall be made in good faith. 28
297+ (B) A view of records under this subdivision (e)(5) (e)(4) 29
298+by an employee may be performed only if the employee is assigned to one (1) 30
299+or more of the following committees: 31
300+ (i) Senate Committee on Judiciary; 32
301+ (ii) House Committee on Judiciary; or 33
302+ (iii) Charitable, Penal , and Correctional 34
303+Institutions Subcommittee of the Legislative Council. 35
304+ (C) The Division of Correction Secretary of the Department 36 SB539
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307+of Corrections shall ensure that the employee authorized under subdivision 1
308+(e)(5)(B) (e)(4)(B) of this section to view records is provided access to the 2
309+records. 3
310+ (D) A record requested to be viewed under this subdivision 4
311+(e)(5) (e)(4) is privileged and confidential and shall not be shown to any 5
312+person not authorized to have access to the record under this section and 6
313+shall not be used for any political purpose, including without limitation 7
314+political advertising, fundraising, or campaigning. 8
315+ 9
316+ SECTION 9. Arkansas Code § 12 -27-114 is amended to read as follows: 10
317+ 12-27-114. Inmates in county jails — Reimbursement of county — Medical 11
318+care. 12
319+ (a)(1)(A)(i) In the event the Division of Correction a division of the 13
320+Department of Corrections cannot accept inmates from county jails due to 14
321+insufficient bed space, the Division of Correction department shall reimburse 15
322+the counties from the County Jail Reimbursement Fund at rates determined by 16
323+the Chief Fiscal Officer of the State, after consultation with Arkansas 17
324+Legislative Audit and the Division of Correction department and upon approval 18
325+by the Governor, until the appropriation and funding provided for that 19
326+purpose are exhausted. 20
327+ (ii)(B) The reimbursement rate shall include the 21
328+county's cost of transporting the inmates to the Division of Correction 22
329+division. 23
330+ (B)(i)(2)(A) Reimbursement under subdivision (a)(1) (A) of 24
331+this section shall begin accruing on the date of sentencing. 25
332+ (ii)(B) The Division of Correction department shall 26
333+not reimburse the county until the Division of Correction department receives 27
334+a complete and accurate sentencing order. 28
335+ (2)(A) In the event the Division of Community Correction cannot 29
336+accept inmates from county jails due to insufficient bed space or shall have 30
337+an inmate confined in a county jail under any prerelease program or sanction 31
338+imposed in response to a violation of supervision conditions, the Division of 32
339+Community Correction shall reimburse the counties from the fund at rates 33
340+determined by the Chief Fiscal Officer of the State, after consultation with 34
341+Arkansas Legislative Audit and the Division of Correction, and upon approval 35
342+by the Governor, until the appropriation and funding provided for that 36 SB539
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285- (2)(A) To protect the integrity of records described in 1
286-subdivision (e)(1) of this section and to ensure their proper use, it is 2
287-unlawful to permit inspection of or disclose information contained in records 3
288-described in subdivision (e)(1) of this section or to copy or issue a copy of 4
289-all or part of a record described in subdivision (e)(1) of this section 5
290-except: 6
291- (i) As authorized by rule; 7
292- (ii) By order of a court of competent jurisdiction; 8
293-or 9
294- (iii) Records posted on the Division of Correction's 10
295-website as required by § 12 -27-145. 11
296- (B) A rule under subdivision (e)(2)(A) of this section 12
297-shall provide for adequate standards of security and confidentiality of 13
298-records described in subdivision (e)(1) of this section. 14
299- (3) For those inmates committed to the Division of Correction 15
300-and judicially or administratively transferred to the Division of Community 16
301-Correction, the preparation of a record described in subdivision (e)(1) of 17
302-this section may be delegated to the Division of Community Correction 18
303-pursuant to policies applicable to records transmission adopted by the Board 19
304-of Corrections. 20
305- (4)(3) A rule under subdivision (e)(2)(A) of this section may 21
306-authorize the disclosure of information contained in a record described in 22
307-subdivision (e)(1) of this section for research purposes. 23
308- (5)(4)(A)(i) Upon written request, an employee of the Bureau of 24
309-Legislative Research acting on behalf of a member of the General Assembly may 25
310-view all records described in subdivision (e)(1) of this section of a current 26
311-or former inmate. 27
312- (ii) A request under subdivision (e)(5)(A)(i) 28
313-(e)(4)(A)(i) of this section shall be made in good faith. 29
314- (B) A view of records under this subdivision (e)(5) (e)(4) 30
315-by an employee may be performed only if the employee is assigned to one (1) 31
316-or more of the following committees: 32
317- (i) Senate Committee on Judiciary; 33
318- (ii) House Committee on Judiciary; or 34
319- (iii) Charitable, Penal , and Correctional 35
320-Institutions Subcommittee of the Legislative Council. 36 As Engrossed: S4/1/25 SB539
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345+purpose are exhausted. 1
346+ (B)(i) Reimbursement under subdivision (a)(2)(A) of this 2
347+section shall begin accruing on either the date of sentencing or the date of 3
348+placement on probation accompanied with incarceration in the Division of 4
349+Community Correction. 5
350+ (ii) The Division of Community Correction shall not 6
351+reimburse the county until the Division of Community Correction receives a 7
352+complete and accurate sentencing order or an order or waiver for a sanction 8
353+to a community correction center. 9
354+ (b)(1)(A) The Division of Correction and the Division of Community 10
355+Correction department shall prepare an invoice during the first week of each 11
356+month that lists each state inmate that is on the county jail backup list 12
357+during the previous month. 13
358+ (B) The invoice shall reflect the number of days a state 14
359+inmate was in the county jail in an awaiting -bed-space status. 15
360+ (2)(A) The Division of Correction and the Division of Community 16
361+Correction department shall verify and forward the invoices to the applicable 17
362+county sheriff to certify the actual number of days the state inmates were 18
363+physically housed in the county jail. 19
364+ (B)(i) Upon written request of a county judge, county 20
365+treasurer, or county sheriff, the Division of Correction and the Division of 21
366+Community Correction department shall provide to the county official making 22
367+the request a written report summarizing the year -to-date county jail 23
368+reimbursement invoices prepared and forwarded for verification by the 24
369+Division of Correction and the Division of Community Correction department 25
370+and payment from the fund. 26
371+ (ii) In addition, the written report shall include a 27
372+summary of invoices returned by each county for payment for previous months 28
373+within the fiscal year, the amounts paid, and any balances owed. 29
374+ (3)(A) The certified invoices shall then be returned to the 30
375+Division of Correction and the Division of Community Correction department 31
376+for payment from the fund. 32
377+ (B) Payment from the fund shall be made within five (5) 33
378+business days of receipt of signed and certified invoices returned by each 34
379+county, subject to funding made available for payment of the certified 35
380+notices. 36 SB539
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383+ (4) The county sheriff shall maintain documentation for three 1
384+(3) calendar years to confirm the number of days each state inmate was 2
385+physically housed in the county jail. 3
386+ (5) The documentation maintained by the county sheriff is 4
387+subject to review by Arkansas Legislative Audit. 5
388+ (6) Invoices under this subsection may be mailed or sent 6
389+electronically. 7
390+ (c)(1) The Board of Corrections shall adopt rules by which the 8
391+Division of Correction or the Division of Community Correction department 9
392+shall reimburse any county that is required to retain an inmate awaiting 10
393+delivery to the custody of either the Division of Correction or the Division 11
394+of Community Correction, upon receipt of a complete and accurate sentencing 12
395+order or an order or waiver for a sanction to a community correction center, 13
396+for the actual costs paid for any emergency medical care for physical injury 14
397+or illness of the inmate retained under this section if the physical injury 15
398+or illness is directly related to the incarceration and the county is 16
399+required by law to provide the care for inmates in the jail. 17
400+ (2) The Director of the Division of Correction or his or her 18
401+designee or the Director of the Division of Community Correction or his or 19
402+her designee department may accept custody of any inmate as soon as possible 20
403+upon request of the county upon determining that the inmate is required to 21
404+have extended medical care. 22
405+ (3)(A) Reimbursements for medical expenses under this subsection 23
406+shall require prior approval of the Division of Correction or the Division of 24
407+Community Correction department before the rendering of health care. 25
408+ (B)(i) In a true emergency situation, health care may be 26
409+rendered without prior approval. 27
410+ (ii) The Division of Correction or the Division of 28
411+Community Correction department shall be notified of a true emergency 29
412+situation immediately after the true emergency situation. 30
413+ (C)(i) Reimbursements under this subsection begin accruing 31
414+on the date of sentencing. 32
415+ (ii) The Division of Correction or Division of 33
416+Community Correction department shall not reimburse the county under this 34
417+subsection until the Division of Correction or Division of Community 35
418+Correction department receives a complete and accurate sentencing order or an 36 SB539
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421+order or waiver for a sanction to a community correction center. 1
422+ (d)(1)(A) The Division of Correction and Division of Community 2
423+Correction department shall prepare a monthly report of county jail 3
424+reimbursement invoices under this section for payment from the County Jail 4
425+Reimbursement Fund fund. 5
426+ (B) The monthly report under subdivision (d)(1)(A) of this 6
427+section shall: 7
428+ (i) Be posted on the website of the Division of 8
429+Correction and the website of the Division of Community Correction department 9
430+for at least three (3) years; and 10
431+ (ii) Include a summary of invoices returned by each 11
432+county for payment for previous months within the fiscal year, the amounts 12
433+paid, and any balances owed. 13
434+ (2) The monthly reports under subdivision (d)(1)(A) of this 14
435+section shall be combined into one (1) annual report at the end of each 15
436+fiscal year. 16
437+ 17
438+ SECTION 10. Arkansas Code § 12 -27-115 is amended to read as follows: 18
439+ 12-27-115. Claims of counties for expenses — Verification. 19
440+ (a) When any county in which an institution of the Department of 20
441+Correction a secured facility operated or contracted by a division of the 21
442+Department of Corrections is located shall incur expenses in connection with 22
443+any legal proceedings involved or occasioned by any inmate of a penal 23
444+institution the secured facility , the county shall be entitled to 24
445+reimbursement for such expenses from the Department of Correction Fund by the 25
446+department. 26
447+ (b) All claims by counties against the fund pursuant to this section 27
448+shall be itemized, and the claims shall be verified by the county judge and 28
449+presented to the Director of the Department of Correction department within 29
450+ninety (90) days after the expense is incurred. 30
451+ (c) Upon receipt of the verified claims, the director department shall 31
452+pay the claim from funds appropriated for the maintenance and operation of 32
453+the department. 33
454+ 34
455+ SECTION 11. Arkansas Code § 12 -27-125 is amended to read as follows: 35
456+ 12-27-125. Division of Community Correction — Creation — Powers and 36 SB539
324457
325- (C) The Division of Correction Secretary of the Department 1
326-of Corrections shall ensure that the employee authorized under subdivision 2
327-(e)(5)(B) (e)(4)(B) of this section to view records is provided access to the 3
328-records. 4
329- (D) A record requested to be viewed under this subdivision 5
330-(e)(5) (e)(4) is privileged and confidential and shall not be shown to any 6
331-person not authorized to have access to the record under this section and 7
332-shall not be used for any political purpose, including without limitation 8
333-political advertising, fundraising, or campaigning. 9
458+ 13 03/20/2025 12:19:27 PM CEB171
459+duties. 1
460+ (a) There is established, under the supervision, control, and 2
461+direction of the Board of Corrections, a Division of Community Correction. 3
462+ (b) The Division of Community Correction shall have the following 4
463+functions, powers, and duties, administered in accordance with the policies 5
464+and rules promulgated by the Board of Corrections: 6
465+ (1) It shall assume management and control over all properties, 7
466+both real and personal, facilities, books, records, equipment, supplies, 8
467+materials, contracts, funds, moneys, equities, and all other properties 9
468+belonging to the Arkansas Adult Probation Commission [abolished], and all 10
469+such properties transferred from the Department of Correction, as the 11
470+Division of Correction was known as prior to July 1, 2019, by the Board of 12
471+Corrections; 13
472+ (2)(A) It shall have management and control over all community 14
473+correction services. except management of secured community correction 15
474+centers; 16
475+ (B) It shall have management and control over all 17
476+community correction facilities within the purview of the Board of 18
477+Corrections existing on or created after July 1, 1993; 19
478+ (3) It shall employ such officers, employees, and agents and 20
479+shall secure such offices and quarters as deemed necessary to discharge the 21
480+functions of the Division of Community Correction, and which are 22
481+appropriately funded; 23
482+ (4) It may establish and operate regional community correction 24
483+facilities if funds for the regional community correction facilities have 25
484+been authorized and appropriated by the General Assembly; 26
485+ (5)(A) It may exercise all legally sanctioned supervision and 27
486+appropriate care over all offenders referred with proper documentation from 28
487+the circuit courts and all offenders transferred with proper documentation 29
488+from the Division of Correction pursuant to policies established by the Board 30
489+of Corrections and conditions set by the Post -Prison Transfer Board. 31
490+ (B) Legal custody remains with the referring court or the 32
491+Division of Correction; 33
492+ (6) It shall administer the provision of probation services for 34
493+offenders processed through circuit courts; 35
494+ (7) It shall administer the provision of parole and post-release 36 SB539
495+
496+ 14 03/20/2025 12:19:27 PM CEB171
497+supervision services in coordination with the Post -Prison Transfer Board and 1
498+in cooperation with the Division of Correction; 2
499+ (8) It shall provide support services to the Post -Prison 3
500+Transfer Board or its designated representatives as determined by the Post -4
501+Prison Transfer Board; 5
502+ (9) It shall assist the Board of Corrections in the furtherance 6
503+of its goals by staffing the specific charges articulated for it through 7
504+legislation and by the Board of Corrections; 8
505+ (10) It shall conduct statewide public education and training to 9
506+foster the provision of correctional supervision and service in community 10
507+settings; 11
508+ (11) It shall provide technical assistance when necessary to any 12
509+entity, program, division, or agency receiving assistance or clients through 13
510+the Division of Community Correction; 14
511+ (12) It shall facilitate the development of a comprehensive 15
512+community correction plan through the provision of funding, criteria review, 16
513+and ongoing evaluation to ensure the maintenance of quality in supervision 17
514+and programming; 18
515+ (13) It may accept gifts, grants, and funds from both public and 19
516+private sources with prior approval of the Board of Corrections; 20
517+ (14) It shall establish minimum standards for case loads, 21
518+programs, facilities, and equipment and other aspects of the operation of 22
519+community correction programs and facilities necessary for the provision of 23
520+adequate and effective supervision and service; 24
521+ (15) It shall establish minimum standards for the employment of 25
522+community correction employees; 26
523+ (16) It shall establish programs of research, evaluation, 27
524+statistics, audit, and planning, including studies and evaluation of the 28
525+performance of various functions and activities of the Department of 29
526+Corrections and studies affecting the treatment of offenders and information 30
527+about other programs; 31
528+ (17)(16)(A) It may receive and disburse moneys ordered to be 32
529+paid by offenders pursuant to statutory economic sanctions. 33
530+ (B) It may receive fees to be levied by the courts or 34
531+authorized by the Board of Corrections for participation in specified 35
532+programs and to be paid by offenders on community correction. 36 SB539
533+
534+ 15 03/20/2025 12:19:27 PM CEB171
535+ (C) The payment of such sanctions and fees may be a 1
536+condition of probation, parole, post -release supervision, or post -prison 2
537+transfer or attached to admission and participation in a community correction 3
538+program. 4
539+ (D) The moneys collected shall be deposited into an 5
540+earmarked account at the state level to be used solely for the continuation 6
541+and expansion of community correction in this state. 7
542+ (E) Economic sanction officers are to be authorized by the 8
543+Division of Community Correction to perform these duties pursuant to policies 9
544+and procedures adopted by the Board of Corrections and in accord with any 10
545+state statutory accounting requirements; 11
546+ (18)(17) It may cooperate and contract with the federal 12
547+government, with governmental agencies of Arkansas and other states, with 13
548+political subdivisions of Arkansas, and with private contractors to provide 14
549+and improve community correction options; 15
550+ (19)(18) It may inspect and evaluate any community correction 16
551+site and conduct audits of financial and service records at any reasonable 17
552+time to determine compliance with the Board of Corrections' rules and 18
553+standards; 19
554+ (20)(19)(A) It shall maintain a full and complete record of each 20
555+offender under its supervision. 21
556+ (B)(i) To protect the integrity of a record described in 22
557+subdivision (b)(20)(A) (b)(19)(A) of this section and to ensure its proper 23
558+use, it is unlawful to permit inspection of or disclose information contained 24
559+in a record described in subdivision (b)(20)(A) (b)(19)(A) of this section or 25
560+to copy or issue a copy of any part of the record except: 26
561+ (a) As authorized by administrative rule; 27
562+ (b) By order of a court of competent 28
563+jurisdiction; or 29
564+ (c) Records posted on the Division of 30
565+Community Correction's website as required by § 12 -27-145. 31
566+ (ii) The rules under subdivision (b)(20)(B)(i)(a) 32
567+(b)(19)(B)(i)(a) shall provide for adequate standards of security and 33
568+confidentiality of a record described in subdivision (b)(20)(A) (b)(19)(A) of 34
569+this section; and 35
570+ (21)(20) Subject to availability of funds, it shall employ 36 SB539
571+
572+ 16 03/20/2025 12:19:27 PM CEB171
573+officers, employees, and agents and secure sufficient offices for monitoring 1
574+each sex offender on parole, post -release supervision, or probation who is 2
575+required to register under the Sex Offender Registration Act of 1997, § 12 -3
576+12-901 et seq., and who has been assessed as a risk Level 3 or Level 4 4
577+offender; and 5
578+ (22)(A) It may issue an arrest warrant for the arrest of 6
579+any person who, while in its custody, unlawfully escapes from the Division of 7
580+Community Correction. 8
581+ (B) The arrest warrant shall authorize: 9
582+ (i) All law enforcement officers of this state to 10
583+take into custody and return the person named in the arrest warrant to the 11
584+custody of the Division of Community Correction or the Division of 12
585+Correction; and 13
586+ (ii) All law enforcement officers of this state, any 14
587+other state, or the federal government to take into custody and detain the 15
588+person in a suitable detention facility while awaiting further transfer to 16
589+the Division of Community Correction or the Division of Correction . 17
590+ 18
591+ SECTION 12. Arkansas Code § 12 -27-127 is amended to read as follows: 19
592+ 12-27-127. Transfer to the Division of Community Correction community 20
593+correction center — Transfer of an inmate between divisions. 21
594+ (a)(1) A commitment shall be treated as a commitment to the Division 22
595+of Correction and subject to regular transfer eligibility. 23
596+ (2) However, an inmate may be judicially or administratively 24
597+transferred to the Division of Community Correction a community correction 25
598+center by the Division of Correction unless the court indicates on the 26
599+sentencing order that the Division of Correction shall not administratively 27
600+transfer a statutorily eligible inmate to the Division of Community 28
601+Correction a community correction center in accordance with the rules 29
602+promulgated by the Board of Corrections. 30
603+ (b)(1) In accordance with rules and procedures promulgated by the 31
604+Board of Corrections and the orders of the committing court, the Director of 32
605+the Division of Community Correction shall assign a newly transferred inmate 33
606+to an appropriate facility, placement, program, or status within the Division 34
607+of Community Correction community correction center . 35
608+ (2) The director may transfer an inmate from one facility, 36 SB539
609+
610+ 17 03/20/2025 12:19:27 PM CEB171
611+placement, program, or status to another facility, placement, program, or 1
612+status consistent with the commitment, applicable law, and in accordance with 2
613+treatment, training, and security needs. 3
614+ (3)(A) An inmate may be administratively transferred back to the 4
615+Division of Correction from the Division of Community Correction removed from 5
616+a community correction center by the Post-Prison Transfer Board following a 6
617+hearing in which the inmate is found ineligible for placement in a Division 7
618+of Community Correction facility community correction center as he or she 8
619+fails to meet the criteria or standards established by law or policy adopted 9
620+by the Board of Corrections or has been found guilty of a violation of the 10
621+rules of the facility. 11
622+ (B) Time served in a community correction facility or 12
623+under supervision by the Division of Community Correction a community 13
624+correction center shall be credited against the sentence contained in the 14
625+commitment to the Division of Correction. 15
626+ (c)(1) In accordance with rules and procedures promulgated by the 16
627+Board of Corrections, upon receipt of a referral from the director or his or 17
628+her designee, the Post -Prison Transfer Board may release from confinement an 18
629+inmate who has been: 19
630+ (A) Sentenced and judicially or administratively 20
631+transferred to the Division of Community Correction a community correction 21
632+center; 22
633+ (B) Incarcerated for a minimum of: 23
634+ (i) One hundred eighty (180) days for a sentence of 24
635+four (4) years or less; or 25
636+ (ii) Two hundred seventy (270) days for a sentence of 26
637+more than four (4) years but less than six (6) years; and 27
638+ (C) Determined by the Division of Community Correction 28
639+Secretary of the Department of Corrections to have successfully completed its 29
640+the therapeutic program prescribed by the secretary . 30
641+ (2)(A) The General Assembly finds that the power granted to the 31
642+Post-Prison Transfer Board under subdivision (c)(1) of this section will: 32
643+ (i) Aid the therapeutic rehabilitation of the 33
644+inmates judicially or administratively transferred to the Division of 34
645+Community Correction; and 35
646+ (ii) More efficiently use the correctional resources 36 SB539
647+
648+ 18 03/20/2025 12:19:27 PM CEB171
649+of the State of Arkansas. 1
650+ (B) The power granted to the Post -Prison Transfer Board 2
651+under subdivision (c)(1) of this section shall be the sole authority required 3
652+for the accomplishment of the purposes set forth in this subdivision (c)(2), 4
653+and when the Post-Prison Transfer Board exercises its power under this 5
654+section, it shall not be necessary for the Post -Prison Transfer Board to 6
655+comply with general provisions of other laws dealing with the minimum time 7
656+constraints as applied to release eligibility. 8
657+ (3) This subsection does not grant the Post -Prison Transfer 9
658+Board or the Division of Community Correction Department of Corrections the 10
659+authority either to detain an inmate beyond the sentence imposed upon him or 11
660+her by a transferring court or to shorten that sentence. 12
661+ (d)(1) An inmate of the Division of Correction who is to be 13
662+transferred to post-release supervision may be administratively transferred 14
663+to the Division of Community Correction when the inmate is within eighteen 15
664+(18) months of his or her projected release date for the purpose of 16
665+participating in a reentry program of at least six (6) months in length. 17
666+ (2) Each inmate administratively transferred under this 18
667+subsection shall be thoroughly screened and approved for participation by the 19
668+director or his or her designee. 20
669+ (3) In accordance with rules promulgated by the Board of 21
670+Corrections, upon receipt of a referral from the director or his or her 22
671+designee, the Post-Prison Transfer Board may release from incarceration an 23
672+inmate who has been: 24
673+ (A) Administratively transferred to the Division of 25
674+Community Correction; and 26
675+ (B) Determined by the Division of Community Correction to 27
676+have successfully completed its reentry program. 28
677+ (4) An inmate who has been administratively transferred under 29
678+this subsection shall be administratively transferred back to the Division of 30
679+Correction if he or she: 31
680+ (A) Is denied parole or transfer to post -release 32
681+supervision; or 33
682+ (B) Fails to complete or is removed from the reentry 34
683+program. 35
684+ 36 SB539
685+
686+ 19 03/20/2025 12:19:27 PM CEB171
687+ SECTION 13. Arkansas Code § 12 -29-205(a)(1), concerning good time 1
688+earned pending transfer to the Division of Correction or Division of 2
689+Community Correction, is amended to read as follows: 3
690+ (a)(1) Any person who is sentenced by a circuit court to the Division 4
691+of Correction or the Division of Community Correction an imposed period of 5
692+incarceration at a facility operated or contracted by a division of the 6
693+Department of Corrections and is awaiting transfer to the Division of 7
694+Correction or Division of Community Correction a facility operated or 8
695+contracted by a division of the department may earn meritorious good time in 9
696+accordance with law and rules as adopted by the Board of Corrections. 10
697+ 11
698+ SECTION 14. Arkansas Code § 16 -93-306(d)(3), concerning administrative 12
699+sanctions for probationers, is amended to read as follows: 13
700+ (3) Intermediate sanctions shall include without limitation: 14
701+ (A) Day reporting; 15
702+ (B) Community service; 16
703+ (C) Increased substance abuse screening , and or treatment 17
704+treatment, or both; 18
705+ (D) Increased monitoring, including electronic monitoring 19
706+and home confinement; and 20
707+ (E)(i) Incarceration in a county jail for no more than 21
708+seven (7) days or incarceration in a Division of Community Correction or 22
709+Division of Correction facility operated or contracted by a division of the 23
710+department for no more than one hundred eighty (180) days. 24
711+ (ii)(a) Incarceration as an intermediate sanction 25
712+shall not be used more than six (6) times with an individual probationer. 26
713+ (b) A probationer shall accumulate no more 27
714+than thirty (30) days' incarceration in a county jail or no more than three 28
715+hundred sixty (360) days' incarceration in a Division of Community Correction 29
716+or Division of Correction facility operated or contracted by a division of 30
717+the Department of Corrections as an intermediate sanction before the 31
718+probation officer recommends a violation of the person's probation under § 32
719+16-93-307. 33
720+ (c) A probationer is subject to a period of 34
721+incarceration of: 35
722+ (1) Up to ninety (90) days in a Division 36 SB539
723+
724+ 20 03/20/2025 12:19:27 PM CEB171
725+of Community Correction or Division of Correction facility operated or 1
726+contracted by a division of the department for a technical conditions 2
727+violation; and 3
728+ (2) Exactly one hundred eighty (180) 4
729+days in a Division of Community Correction or Division of Correction facility 5
730+operated or contracted by a division of the department for a serious 6
731+conditions violation. 7
732+ (d) A probationer may not be incarcerated more 8
733+than two (2) times as a probation sanction in a Division of Community 9
734+Correction or Division of Correction facility operated or contracted by a 10
735+division of the department during a two-year period. 11
736+ 12
737+ SECTION 15. Arkansas Code § 16 -93-306(g), concerning the period of 13
738+incarceration for an administrative sanction of a probationer, is amended to 14
739+read as follows: 15
740+ (g) A period of incarceration under this section: 16
741+ (1) May be reduced by the Division of Correction or the Division 17
742+of Community Correction a division of the department for good behavior and 18
743+successful program completion; and 19
744+ (2) Shall not be reduced under this section for more than fifty 20
745+percent (50%) of the total time of incarceration ordered to be served. 21
746+ 22
747+ SECTION 16. Arkansas Code § 16 -93-308(i)(1)(B), concerning a probation 23
748+revocation is amended to read as follows: 24
749+ (B)(i) A defendant on probation is subject to having his 25
750+or her probation revoked and being sentenced to the Division of Correction or 26
751+the Division of Community Correction a facility operated or contracted by a 27
752+division of the Department of Corrections for a subsequent violation of his 28
753+or her probation if the defendant has been confined six (6) times under § 16 -29
754+93-306(d). 30
755+ (ii) After a defendant on probation has been 31
756+confined two (2) times under either § 16 -93-306(d) or § 16-93-309(a)(4) for 32
757+any combination of a technical conditions violation or serious conditions 33
758+violation for any period of time, the defendant on probation is subject to 34
759+having his or her probation revoked and being sentenced to the Division of 35
760+Correction or the Division of Community Correction a facility operated or 36 SB539
761+
762+ 21 03/20/2025 12:19:27 PM CEB171
763+contracted by a division of the department for a subsequent violation of his 1
764+or her probation. 2
765+ 3
766+ SECTION 17. Arkansas Code § 16 -93-309(b)(1), concerning a period of 4
767+confinement imposed by a court on a person who is serving a suspended 5
768+imposition of sentence or on probation after a revocation hearing, is amended 6
769+to read as follows: 7
770+ (b)(1) A period of confinement under subdivision (a)(4) of this 8
771+section may be reduced by the Division of Correction or the Division of 9
772+Community Correction a division of the Department of Corrections for good 10
773+behavior and successful program completion. 11
774+ 12
775+ SECTION 18. Arkansas Code § 16 -93-310 is amended to read as follows: 13
776+ 16-93-310. Probation generally — Revocation — Community correction 14
777+program. 15
778+ (a) When a person sentenced under a community correction program, § 5 -16
779+4-312, violates any terms or conditions of his or her sentence or term of 17
780+probation, revocation of the sentence or term of probation shall be 18
781+consistent with the procedures under this subchapter. 19
782+ (b) Upon revocation, the court of jurisdiction shall determine whether 20
783+the offender shall remain under the jurisdiction of the court and be assigned 21
784+to a more restrictive community correction program, facility, or institution 22
785+for a period of time or committed to the Division of Community Correction a 23
786+community correction center . 24
787+ (c)(1) If committed to the Division of Correction, the court shall 25
788+specify if the commitment is for judicial transfer of the offender to the 26
789+Division of Community Correction or is a regular commitment a community 27
790+correction center. 28
791+ (2)(A) The court shall commit the eligible offender to the 29
792+custody of the Division of Correction under this subchapter for judicial or 30
793+administrative transfer to the Division of Community Correction a community 31
794+correction center subject to the following: 32
795+ (i) That the sentence imposed provides that the 33
796+offender shall serve no more than three (3) years of confinement, with credit 34
797+for meritorious good time or earned release credits, with initial placement 35
798+in a Division of Community Correction facility community correction center ; 36 SB539
799+
800+ 22 03/20/2025 12:19:27 PM CEB171
801+and 1
802+ (ii) That the initial placement in the Division of 2
803+Community Correction a community correction center is conditioned upon the 3
804+offender's continuing eligibility for Division of Community Correction 4
805+community correction center placement and the offender's compliance with all 5
806+applicable rules established by the Board of Corrections for community 6
807+correction programs. 7
808+ (B) Post-prison supervision shall accompany and follow 8
809+community correction programming when appropriate. 9
334810 10
335- SECTION 9. Arkansas Code § 12 -27-114 is amended to read as follows: 11
336- 12-27-114. Inmates in county jails — Reimbursement of county — Medical 12
337-care. 13
338- (a)(1)(A)(i) In the event the Division of Correction a division of the 14
339-Department of Corrections cannot accept inmates from county jails due to 15
340-insufficient bed space, the Division of Correction department shall reimburse 16
341-the counties from the County Jail Reimbursement Fund at rates determined by 17
342-the Chief Fiscal Officer of the State, after consultation with Arkansas 18
343-Legislative Audit and the Division of Correction department and upon approval 19
344-by the Governor, until the appropriation and funding provided for that 20
345-purpose are exhausted. 21
346- (ii)(B) The reimbursement rate shall include the 22
347-county's cost of transporting the inmates to the Division of Correction 23
348-division. 24
349- (B)(i)(2)(A) Reimbursement under subdivision (a)(1) (A) of 25
350-this section shall begin accruing on the date of sentencing. 26
351- (ii)(B) The Division of Correction department shall 27
352-not reimburse the county until the Division of Correction department receives 28
353-a complete and accurate sentencing order. 29
354- (2)(A) In the event the Division of Community Correction cannot 30
355-accept inmates from county jails due to insufficient bed space or shall have 31
356-an inmate confined in a county jail under any prerelease program or sanction 32
357-imposed in response to a violation of supervision conditions, the Division of 33
358-Community Correction shall reimburse the counties from the fund at rates 34
359-determined by the Chief Fiscal Officer of the State, after consultation with 35
360-Arkansas Legislative Audit and the Division of Correction, and upon approval 36 As Engrossed: S4/1/25 SB539
811+ SECTION 19. Arkansas Code § 16 -93-614(c)(2), concerning parole 11
812+eligibility for offenses committed after January 1, 1994, is amended to read 12
813+as follows: 13
814+ (2)(A)(i)(a) An offender convicted of a target offense under § 14
815+16-93-1201 et seq. may be committed to the Division of Correction and 15
816+judicially or administratively transferred to the Division of Community 16
817+Correction a community correction center by provision in the commitment that 17
818+the trial court order or authorize such a transfer. 18
819+ (b) No other offender is eligible for transfer 19
820+to a Division of Community Correction facility a community correction center . 20
821+ (ii) A copy of the commitment shall be forwarded 21
822+immediately to the Division of Correction and to the Division of Community 22
823+Correction Department of Corrections . 23
824+ (iii) In the event that an offender is sentenced to 24
825+the Division of Correction without judicial or administrative transfer on one 25
826+(1) sentence and concurrently sentenced to the Division of Correction with 26
827+judicial or administrative transfer on another sentence, the offender shall 27
828+remain in the Division of Correction, and the sentence with judicial or 28
829+administrative transfer may be discharged in the same manner as that of an 29
830+offender transferred back to the Division of Correction. 30
831+ (B) The Division of Community Correction shall take over 31
832+supervision of the offender in accordance with the order of the court. 32
833+ (C) The Division of Community Correction shall provide for 33
834+the appropriate disposition of the offender as expeditiously as practicable 34
835+under rules developed by the Board of Corrections. 35
836+ (D) The offender shall not be transported to the Division 36 SB539
361837
362- 10 04-01-2025 11:37:38 CEB171
838+ 23 03/20/2025 12:19:27 PM CEB171
839+of Correction on the initial placement in a Division of Community Correction 1
840+facility pursuant to a judicial or administrative transfer. 2
841+ (E)(B) An offender who is transferred back to the Division 3
842+of Correction removed from a community correction center for disciplinary 4
843+reasons may be considered for transfer to Division of Community Correction 5
844+supervision after earning good -time credit equal to one -half (½) of the 6
845+remainder of his or her sentence. 7
846+ (F)(C) An offender who is sentenced after July 31, 2007, 8
847+and who is transferred back to the Division of Correction removed from a 9
848+community correction center for administrative reasons is eligible for 10
849+transfer to Division of Community Correction supervision in the same manner 11
850+as an offender who is sentenced to the Division of Correction without a 12
851+judicial or administrative transfer to the Division of Community Correction a 13
852+community correction center ; and 14
853+ 15
854+ SECTION 20. Arkansas Code § 16 -93-617 is amended to read as follows: 16
855+ 16-93-617. Parole eligibility procedures — Offenses committed after 17
856+January 1, 1994 — Revocation of transfer. 18
857+ (a) In the event an offender transferred under this section, §§ 16 -93-19
858+614 — 16-93-616, or § 16-93-618 violates the terms or conditions of his or 20
859+her transfer, a hearing shall follow all applicable legal requirements and 21
860+shall be subject to any additional policies and rules set by the Post -Prison 22
861+Transfer Board. 23
862+ (b)(1) In the event an offender transferred under this section and §§ 24
863+16-93-614 — 16-93-616, or § 16-93-618 is found to be or becomes ineligible 25
864+for transfer into a Division of Community Correction facility community 26
865+correction center, he or she shall be transported to the a Division of 27
866+Correction facility to serve the remainder of his or her sentence. 28
867+ (2) Notice of the ineligibility and the reasons therefor shall 29
868+be provided to the offender, and a hearing may be requested before the board 30
869+if the offender contests the factual basis of the ineligibility. Otherwise, 31
870+the board may administratively approve the transfer to the Division of 32
871+Correction removal from a community correction center . 33
872+ (c) An offender who is judicially transferred to a Division of 34
873+Community Correction facility and subsequently transferred back to the 35
874+Division of Correction a community correction center and subsequently removed 36 SB539
363875
876+ 24 03/20/2025 12:19:27 PM CEB171
877+by the board for disciplinary or administrative reasons may not become 1
878+eligible for any further transfer under § 16 -93-614(c)(2)(E) and (F)(B) and 2
879+(C). 3
880+ 4
881+ SECTION 21. Arkansas Code § 16 -93-1202(2)(G)(i), concerning the things 5
882+included in the definition of "community correction" with respect to 6
883+community correction programs, is amended to read as follows: 7
884+ (G)(i) Community correction facilities centers, 8
885+multipurpose facilities encompassing security, correction, and services such 9
886+that offenders can be housed therein when necessary but can also be assigned 10
887+to or access correction programs and services which are housed there. 11
888+ 12
889+ SECTION 22. Arkansas Code § 16 -93-1202(4)—(6), concerning definitions 13
890+with respect to community correction, is amended to read as follows: 14
891+ (4) “Division of Community Correction” means the administrative 15
892+structure in place to oversee the development and operation of community 16
893+correction facilities, programs, and services, including probation, parole, 17
894+and post-release supervision; 18
895+ (5) “Division of Correction” means the administrative structure 19
896+in place to oversee the daily operation of secure prison facilities and the 20
897+security functions of community correction centers ; 21
898+ (6) “Eligibility” or “eligible offender” means any person 22
899+convicted of a felony who is by law eligible for such sentence or who is 23
900+otherwise under the supervision of the Division of Community Correction and 24
901+who falls within the population targeted by the General Assembly for 25
902+inclusion in community correction facilities centers and who has not been 26
903+subject to a disciplinary violation for a violent act or for sexual 27
904+misconduct while in the custody of a jail or correctional facility and does 28
905+not have a current or previous conviction for a violent or sexual offense 29
906+listed under subdivision (10)(A)(ii) of this section; 30
907+ 31
908+ SECTION 23. Arkansas Code § 16 -93-1202(8), concerning the definition 32
909+of "supervision" with respect to community correction, is amended to read as 33
910+follows: 34
911+ (8) “Supervision” means direct supervision at varying levels of 35
912+intensity by community supervision officers in the case of sentences to 36 SB539
364913
365-by the Governor, until the appropriation and funding provided for that 1
366-purpose are exhausted. 2
367- (B)(i) Reimbursement under subdivision (a)(2)(A) of this 3
368-section shall begin accruing on either the date of sentencing or the date of 4
369-placement on probation accompanied with incarceration in the Division of 5
370-Community Correction. 6
371- (ii) The Division of Community Correction shall not 7
372-reimburse the county until the Division of Community Correction receives a 8
373-complete and accurate sentencing order or an order or waiver for a sanction 9
374-to a community correction center. 10
375- (b)(1)(A) The Division of Correction and the Division of Community 11
376-Correction department shall prepare an invoice during the first week of each 12
377-month that lists each state inmate that is on the county jail backup list 13
378-during the previous month. 14
379- (B) The invoice shall reflect the number of days a state 15
380-inmate was in the county jail in an awaiting -bed-space status. 16
381- (2)(A) The Division of Correction and the Division of Community 17
382-Correction department shall verify and forward the invoices to the applicable 18
383-county sheriff to certify the actual number of days the state inmates were 19
384-physically housed in the county jail. 20
385- (B)(i) Upon written request of a county judge, county 21
386-treasurer, or county sheriff, the Division of Correction and the Division of 22
387-Community Correction department shall provide to the county official making 23
388-the request a written report summarizing the year -to-date county jail 24
389-reimbursement invoices prepared and forwarded for verification by the 25
390-Division of Correction and the Division of Community Correction department 26
391-and payment from the fund. 27
392- (ii) In addition, the written report shall include a 28
393-summary of invoices returned by each county for payment for previous months 29
394-within the fiscal year, the amounts paid, and any balances owed. 30
395- (3)(A) The certified invoices shall then be returned to the 31
396-Division of Correction and the Division of Community Correction department 32
397-for payment from the fund. 33
398- (B) Payment from the fund shall be made within five (5) 34
399-business days of receipt of signed and certified invoices returned by each 35
400-county, subject to funding made available for payment of the certified 36 As Engrossed: S4/1/25 SB539
914+ 25 03/20/2025 12:19:27 PM CEB171
915+probation with a condition of community correction or offenders eligible for 1
916+release on parole or post-release supervision or offenders transferred to 2
917+community correction or community supervision from the Division of 3
918+Correction; 4
919+ 5
920+ SECTION 24. Arkansas Code § 16 -93-1202(10)(C), concerning the 6
921+definition of "target group" with respect to community correction, is amended 7
922+to read as follows: 8
923+ (C) Final determination of eligibility for placement in any 9
924+community correction center or program is the responsibility of the Division 10
925+of Community Correction; 11
926+ 12
927+ SECTION 25. Arkansas Code § 16 -93-1205 is amended to read as follows: 13
928+ 16-93-1205. Operation and supervision of community correction programs. 14
929+ (a) The Board of Corrections shall promulgate policies and rules 15
930+relating to the operation of community correction facilities and programs, 16
931+the supervision of eligible offenders participating therein, and the 17
932+termination of that participation, including but not limited to: 18
933+ (1) The terms, conditions, and qualifications of program 19
934+eligibility; 20
935+ (2) The time to be spent in specific correction and treatment 21
936+programs designated as community correction; 22
937+ (3) Receipt of compensation in the form of fees or other 23
938+available sources from the eligible offender while participating in a 24
939+community correction program; 25
940+ (4) Allocation of compensation received by an eligible offender 26
941+while participating in a community correction program, including designation 27
942+to the Division of Community Correction Department of Corrections of a 28
943+percentage of any compensation received for the purpose of defraying the 29
944+costs to the division department of establishing and operating community 30
945+correction programs and the costs of the offender's custody and care; 31
946+ (5) Receipt of compensation from public entities who benefit 32
947+from the labor of offenders involved in community correction work programs; 33
948+and 34
949+ (6) Collection of economic sanctions imposed by the court, 35
950+including, but not limited to, restitution, fines, fees, or other monetary 36 SB539
401951
402- 11 04-01-2025 11:37:38 CEB171
952+ 26 03/20/2025 12:19:27 PM CEB171
953+penalties attached to an offender's sentence. 1
954+ (b) The division department shall supervise all eligible offenders 2
955+participating in any community correction program with the goal of promoting 3
956+the safety and welfare of the people of the state. 4
957+ 5
958+ SECTION 26. Arkansas Code § 16 -93-1207(a) and (b), concerning an order 6
959+of the court placing an offender on probation and an order sealing an 7
960+offender's criminal record, are amended to read as follows: 8
961+ (a) Upon the sentencing or placing on probation of any person under 9
962+the provisions of this subchapter, the sentencing court shall issue an order 10
963+or commitment, whichever is appropriate, in writing, setting forth the 11
964+following: 12
965+ (1) That the offender is being: 13
966+ (A) Committed to the Division of Correction; 14
967+ (B) Committed to the Division of Correction with judicial 15
968+transfer to the Division of Community Correction a community correction 16
969+center; 17
970+ (C) Placed on suspended imposition of sentence; 18
971+ (D) Placed on probation under the provisions of this 19
972+subchapter; or 20
973+ (E) Committed to a county jail for a misdemeanor offense 21
974+committed after January 1, 2007; 22
975+ (2) That the offender has knowledge and understanding of the 23
976+consequences of the sentence or placement on probation and violations 24
977+thereof; 25
978+ (3) A designation of sentence or supervision length along with 26
979+community correction program distinctions of that sentence or supervision 27
980+length; 28
981+ (4) Any applicable terms and conditions of the sentence or 29
982+probation term; and 30
983+ (5) Presentence investigation or sentencing information, 31
984+including, but not limited to, criminal history elements and other 32
985+appropriate or necessary information for correctional use. 33
986+ (b)(1) Upon the successful completion of probation or a commitment to 34
987+the Division of Correction with judicial transfer to the Division of 35
988+Community Correction a community correction center or a commitment to a 36 SB539
403989
990+ 27 03/20/2025 12:19:27 PM CEB171
991+county jail for one (1) of the offenses targeted by the General Assembly for 1
992+community correction placement, the court may direct that the record of the 2
993+offender be sealed with regards to the offense of which the offender was 3
994+either convicted or placed on probation under the condition that the offender 4
995+has no more than one (1) previous felony conviction and that the previous 5
996+felony was other than a conviction for: 6
997+ (A) A capital offense; 7
998+ (B) Murder in the first degree, § 5 -10-102; 8
999+ (C) Murder in the second degree, § 5 -10-103; 9
1000+ (D) Rape, § 5-14-103; 10
1001+ (E) Kidnapping, § 5 -11-102; 11
1002+ (F) Aggravated robbery, § 5 -12-103; or 12
1003+ (G) Delivering controlled substances to a minor as 13
1004+prohibited in the former § 5 -64-410. 14
1005+ (2) The fact that a prior felony conviction has been previously 15
1006+sealed shall not prevent its counting as a prior conviction for the purposes 16
1007+of this subsection. 17
1008+ (3) The procedure, effect, and definition of “sealed” for the 18
1009+purposes of this subsection shall be in accordance with that established in 19
1010+the Comprehensive Criminal Record Sealing Act of 2013, § 16 -90-1401 et seq. 20
1011+ 21
1012+ SECTION 27. Arkansas Code § 16 -93-1804(1), concerning release 22
1013+eligibility for felonies committed on or after January 1, 2025, is amended to 23
1014+read as follows: 24
1015+ (1) A person who commits an offense meeting the definition of 25
1016+target group as defined under § 16 -93-1202 and who is judicially or 26
1017+administratively transferred to a community correction center is eligible for 27
1018+transfer to post-release supervision as follows: 28
1019+ (A) If the person is t ransferred back to the Division of 29
1020+Correction removed from the community correction center for disciplinary 30
1021+reasons, he or she is ineligible to accrue earned release credits against the 31
1022+sentence for which he or she is transferred to the Division of Correction 32
1023+removed from the community correction center for disciplinary reasons; 33
1024+ (B) If the person is transferred back to the Division of 34
1025+Correction removed from the community correction center for administrative 35
1026+reasons, he or she may be considered for transfer to post -release supervision 36 SB539
4041027
405-notices. 1
406- (4) The county sheriff shall maintain documentation for three 2
407-(3) calendar years to confirm the number of days each state inmate was 3
408-physically housed in the county jail. 4
409- (5) The documentation maintained by the county sheriff is 5
410-subject to review by Arkansas Legislative Audit. 6
411- (6) Invoices under this subsection may be mailed or sent 7
412-electronically. 8
413- (c)(1) The Board of Corrections shall adopt rules by which the 9
414-Division of Correction or the Division of Community Correction department 10
415-shall reimburse any county that is required to retain an inmate awaiting 11
416-delivery to the custody of either the Division of Correction or the Division 12
417-of Community Correction, upon receipt of a complete and accurate sentencing 13
418-order or an order or waiver for a sanction to a community correction center, 14
419-for the actual costs paid for any emergency medical care for physical injury 15
420-or illness of the inmate retained under this section if the physical injury 16
421-or illness is directly related to the incarceration and the county is 17
422-required by law to provide the care for inmates in the jail. 18
423- (2) The Director of the Division of Correction or his or her 19
424-designee or the Director of the Division of Community Correction or his or 20
425-her designee department may accept custody of any inmate as soon as possible 21
426-upon request of the county upon determining that the inmate is required to 22
427-have extended medical care. 23
428- (3)(A) Reimbursements for medical expenses under this subsection 24
429-shall require prior approval of the Division of Correction or the Division of 25
430-Community Correction department before the rendering of health care. 26
431- (B)(i) In a true emergency situation, health care may be 27
432-rendered without prior approval. 28
433- (ii) The Division of Correction or the Division of 29
434-Community Correction department shall be notified of a true emergency 30
435-situation immediately after the true emergency situation. 31
436- (C)(i) Reimbursements under this subsection begin accruing 32
437-on the date of sentencing. 33
438- (ii) The Division of Correction or Division of 34
439-Community Correction department shall not reimburse the county under this 35
440-subsection until the Division of Correction or Division of Community 36 As Engrossed: S4/1/25 SB539
1028+ 28 03/20/2025 12:19:27 PM CEB171
1029+as otherwise authorized in § 16 -93-1803 and this section; 1
1030+ (C) If the person is not transferred back to the Division 2
1031+of Correction removed from the community correction center for administrative 3
1032+or disciplinary reasons, he or she is eligible for release under § 12 -27-4
1033+127(c); and 5
1034+ (D) A person who has committed a felony that is within the 6
1035+target group as defined under § 16 -93-1202 and who is transferred to 7
1036+community supervision is eligible, under the rules established by the Post -8
1037+Prison Transfer Board, for commitment to a community correction facility if 9
1038+he or she is found to be in violation of any of his or her conditions of 10
1039+post-release supervision, unless the post -release supervision violation 11
1040+constitutes a non-target felony offense; 12
1041+ 13
1042+ SECTION 28. DO NOT CODIFY. Temporary language. 14
1043+ The Residential Services Section of the Division of Community 15
1044+Correction’s statutory powers, duties, and functions, including the functions 16
1045+of budgeting or purchasing, records, contracts, personnel, property, and 17
1046+unexpended balances of appropriations, allocations, and other funds in the 18
1047+Resident Services – Cash Fund that are utilized for the operation of 19
1048+community correction centers are transferred to the Division of Correction 20
1049+within the Department of Corrections. 21
1050+ 22
1051+ SECTION 29. DO NOT CODIFY. Temporary language. 23
1052+ The Sex Offender Community Notification Section of the Division of 24
1053+Correction’s statutory powers, duties, and functions, including the functions 25
1054+of budgeting or purchasing, records, contracts, personnel, property, and 26
1055+unexpended balances of appropriations, allocations, and other funds found in 27
1056+the ADC Sex & Child Offenders Registration Fund are transferred to the 28
1057+Department of Corrections. 29
1058+ 30
1059+ SECTION 30. EMERGENCY CLAUSE. It is found and determined by the 31
1060+General Assembly of the State of Arkansas that repeat criminal activity 32
1061+threatens the safety of the state; that the transfer of certain powers and 33
1062+duties of the Department of Corrections to the appropriate divisions will 34
1063+improve the ability of the department to address repeat criminal activity; 35
1064+and that this act is immediately necessary to ensure the timely transfer of 36 SB539
4411065
442- 12 04-01-2025 11:37:38 CEB171
443-
444-
445-Correction department receives a complete and accurate sentencing order or an 1
446-order or waiver for a sanction to a community correction center. 2
447- (d)(1)(A) The Division of Correction and Division of Community 3
448-Correction department shall prepare a monthly report of county jail 4
449-reimbursement invoices under this section for payment from the County Jail 5
450-Reimbursement Fund fund. 6
451- (B) The monthly report under subdivision (d)(1)(A) of this 7
452-section shall: 8
453- (i) Be posted on the website of the Division of 9
454-Correction and the website of the Division of Community Correction department 10
455-for at least three (3) years; and 11
456- (ii) Include a summary of invoices returned by each 12
457-county for payment for previous months within the fiscal year, the amounts 13
458-paid, and any balances owed. 14
459- (2) The monthly reports under subdivision (d)(1)(A) of this 15
460-section shall be combined into one (1) annual report at the end of each 16
461-fiscal year. 17
462- 18
463- SECTION 10. Arkansas Code § 12 -27-115 is amended to read as follows: 19
464- 12-27-115. Claims of counties for expenses — Verification. 20
465- (a) When any county in which an institution of the Department of 21
466-Correction a secured facility operated or contracted by a division of the 22
467-Department of Corrections is located shall incur expenses in connection with 23
468-any legal proceedings involved or occasioned by any inmate of a penal 24
469-institution the secured facility , the county shall be entitled to 25
470-reimbursement for such expenses from the Department of Correction Fund by the 26
471-department. 27
472- (b) All claims by counties against the fund pursuant to this section 28
473-shall be itemized, and the claims shall be verified by the county judge and 29
474-presented to the Director of the Department of Correction department within 30
475-ninety (90) days after the expense is incurred. 31
476- (c) Upon receipt of the verified claims, the director department shall 32
477-pay the claim from funds appropriated for the maintenance and operation of 33
478-the department. 34
479- 35
480- SECTION 11. Arkansas Code § 12 -27-125 is amended to read as follows: 36 As Engrossed: S4/1/25 SB539
481-
482- 13 04-01-2025 11:37:38 CEB171
483-
484-
485- 12-27-125. Division of Community Correction — Creation — Powers and 1
486-duties. 2
487- (a) There is established, under the supervision, control, and 3
488-direction of the Board of Corrections, a Division of Community Correction. 4
489- (b) The Division of Community Correction shall have the following 5
490-functions, powers, and duties, administered in accordance with the policies 6
491-and rules promulgated by the Board of Corrections: 7
492- (1) It shall assume management and control over all properties, 8
493-both real and personal, facilities, books, records, equipment, supplies, 9
494-materials, contracts, funds, moneys, equities, and all other properties 10
495-belonging to the Arkansas Adult Probation Commission [abolished], and all 11
496-such properties transferred from the Department of Correction, as the 12
497-Division of Correction was known as prior to July 1, 2019, by the Board of 13
498-Corrections; 14
499- (2)(A) It shall have management and control over all community 15
500-correction services. except management of secured community correction 16
501-centers; 17
502- (B) It shall have management and control over all 18
503-community correction facilities within the purview of the Board of 19
504-Corrections existing on or created after July 1, 1993; 20
505- (3) It shall employ such officers, employees, and agents and 21
506-shall secure such offices and quarters as deemed necessary to discharge the 22
507-functions of the Division of Community Correction, and which are 23
508-appropriately funded; 24
509- (4) It may establish and operate regional community correction 25
510-facilities if funds for the regional community correction facilities have 26
511-been authorized and appropriated by the General Assembly; 27
512- (5)(A) It may exercise all legally sanctioned supervision and 28
513-appropriate care over all offenders referred with proper documentation from 29
514-the circuit courts and all offenders transferred with proper documentation 30
515-from the Division of Correction pursuant to policies established by the Board 31
516-of Corrections and conditions set by the Post -Prison Transfer Board. 32
517- (B) Legal custody remains with the referring court or the 33
518-Division of Correction; 34
519- (6) It shall administer the provision of probation services for 35
520-offenders processed through circuit courts; 36 As Engrossed: S4/1/25 SB539
521-
522- 14 04-01-2025 11:37:38 CEB171
523-
524-
525- (7) It shall administer the provision of parole and post-release 1
526-supervision services in coordination with the Post -Prison Transfer Board and 2
527-in cooperation with the Division of Correction; 3
528- (8) It shall provide support services to the Post -Prison 4
529-Transfer Board or its designated representatives as determined by the Post -5
530-Prison Transfer Board; 6
531- (9) It shall assist the Board of Corrections in the furtherance 7
532-of its goals by staffing the specific charges articulated for it through 8
533-legislation and by the Board of Corrections; 9
534- (10) It shall conduct statewide public education and training to 10
535-foster the provision of correctional supervision and service in community 11
536-settings; 12
537- (11) It shall provide technical assistance when necessary to any 13
538-entity, program, division, or agency receiving assistance or clients through 14
539-the Division of Community Correction; 15
540- (12) It shall facilitate the development of a comprehensive 16
541-community correction plan through the provision of funding, criteria review, 17
542-and ongoing evaluation to ensure the maintenance of quality in supervision 18
543-and programming; 19
544- (13) It may accept gifts, grants, and funds from both public and 20
545-private sources with prior approval of the Board of Corrections; 21
546- (14) It shall establish minimum standards for case loads, 22
547-programs, facilities, and equipment and other aspects of the operation of 23
548-community correction programs and facilities necessary for the provision of 24
549-adequate and effective supervision and service; 25
550- (15) It shall establish minimum standards for the employment of 26
551-community correction employees; 27
552- (16) It shall establish programs of research, evaluation, 28
553-statistics, audit, and planning, including studies and evaluation of the 29
554-performance of various functions and activities of the Department of 30
555-Corrections and studies affecting the treatment of offenders and information 31
556-about other programs; 32
557- (17)(16)(A) It may receive and disburse moneys ordered to be 33
558-paid by offenders pursuant to statutory economic sanctions. 34
559- (B) It may receive fees to be levied by the courts or 35
560-authorized by the Board of Corrections for participation in specified 36 As Engrossed: S4/1/25 SB539
561-
562- 15 04-01-2025 11:37:38 CEB171
563-
564-
565-programs and to be paid by offenders on community correction. 1
566- (C) The payment of such sanctions and fees may be a 2
567-condition of probation, parole, post -release supervision, or post -prison 3
568-transfer or attached to admission and participation in a community correction 4
569-program. 5
570- (D) The moneys collected shall be deposited into an 6
571-earmarked account at the state level to be used solely for the continuation 7
572-and expansion of community correction in this state. 8
573- (E) Economic sanction officers are to be authorized by the 9
574-Division of Community Correction to perform these duties pursuant to policies 10
575-and procedures adopted by the Board of Corrections and in accord with any 11
576-state statutory accounting requirements; 12
577- (18)(17) It may cooperate and contract with the federal 13
578-government, with governmental agencies of Arkansas and other states, with 14
579-political subdivisions of Arkansas, and with private contractors to provide 15
580-and improve community correction options; 16
581- (19)(18) It may inspect and evaluate any community correction 17
582-site and conduct audits of financial and service records at any reasonable 18
583-time to determine compliance with the Board of Corrections' rules and 19
584-standards; 20
585- (20)(19)(A) It shall maintain a full and complete record of each 21
586-offender under its supervision. 22
587- (B)(i) To protect the integrity of a record described in 23
588-subdivision (b)(20)(A) (b)(19)(A) of this section and to ensure its proper 24
589-use, it is unlawful to permit inspection of or disclose information contained 25
590-in a record described in subdivision (b)(20)(A) (b)(19)(A) of this section or 26
591-to copy or issue a copy of any part of the record except: 27
592- (a) As authorized by administrative rule; 28
593- (b) By order of a court of competent 29
594-jurisdiction; or 30
595- (c) Records posted on the Division of 31
596-Community Correction's website as required by § 12 -27-145. 32
597- (ii) The rules under subdivision (b)(20)(B)(i)(a) 33
598-(b)(19)(B)(i)(a) shall provide for adequate standards of security and 34
599-confidentiality of a record described in subdivision (b)(20)(A) (b)(19)(A) of 35
600-this section; and 36 As Engrossed: S4/1/25 SB539
601-
602- 16 04-01-2025 11:37:38 CEB171
603-
604-
605- (21)(20) Subject to availability of funds, it shall employ 1
606-officers, employees, and agents and secure sufficient offices for monitoring 2
607-each sex offender on parole, post -release supervision, or probation who is 3
608-required to register under the Sex Offender Registration Act of 1997, § 12 -4
609-12-901 et seq., and who has been assessed as a risk Level 3 or Level 4 5
610-offender; and 6
611- (22)(A) It may issue an arrest warrant for the arrest of 7
612-any person who, while in its custody, unlawfully escapes from the Division of 8
613-Community Correction. 9
614- (B) The arrest warrant shall authorize: 10
615- (i) All law enforcement officers of this state to 11
616-take into custody and return the person named in the arrest warrant to the 12
617-custody of the Division of Community Correction or the Division of 13
618-Correction; and 14
619- (ii) All law enforcement officers of this state, any 15
620-other state, or the federal government to take into custody and detain the 16
621-person in a suitable detention facility while awaiting further transfer to 17
622-the Division of Community Correction or the Division of Correction . 18
623- 19
624- SECTION 12. Arkansas Code § 12 -27-127 is amended to read as follows: 20
625- 12-27-127. Transfer to the Division of Community Correction community 21
626-correction center — Transfer of an inmate between divisions. 22
627- (a)(1) A commitment shall be treated as a commitment to the Division 23
628-of Correction and subject to regular transfer eligibility. 24
629- (2) However, an inmate may be judicially or administratively 25
630-transferred to the Division of Community Correction a community correction 26
631-center by the Division of Correction unless the court indicates on the 27
632-sentencing order that the Division of Correction shall not administratively 28
633-transfer a statutorily eligible inmate to the Division of Community 29
634-Correction a community correction center in accordance with the rules 30
635-promulgated by the Board of Corrections. 31
636- (b)(1) In accordance with rules and procedures promulgated by the 32
637-Board of Corrections and the orders of the committing court, the Director of 33
638-the Division of Community Correction shall assign a newly transferred inmate 34
639-to an appropriate facility, placement, program, or status within the Division 35
640-of Community Correction community correction center . 36 As Engrossed: S4/1/25 SB539
641-
642- 17 04-01-2025 11:37:38 CEB171
643-
644-
645- (2) The director may transfer an inmate from one facility, 1
646-placement, program, or status to another facility, placement, program, or 2
647-status consistent with the commitment, applicable law, and in accordance with 3
648-treatment, training, and security needs. 4
649- (3)(A) An inmate may be administratively transferred back to the 5
650-Division of Correction from the Division of Community Correction removed from 6
651-a community correction center by the Post-Prison Transfer Board following a 7
652-hearing in which the inmate is found ineligible for placement in a Division 8
653-of Community Correction facility community correction center as he or she 9
654-fails to meet the criteria or standards established by law or policy adopted 10
655-by the Board of Corrections or has been found guilty of a violation of the 11
656-rules of the facility. 12
657- (B) Time served in a community correction facility or 13
658-under supervision by the Division of Community Correction a community 14
659-correction center shall be credited against the sentence contained in the 15
660-commitment to the Division of Correction. 16
661- (c)(1) In accordance with rules and procedures promulgated by the 17
662-Board of Corrections, upon receipt of a referral from the director or his or 18
663-her designee, the Post -Prison Transfer Board may release from confinement an 19
664-inmate who has been: 20
665- (A) Sentenced and judicially or administratively 21
666-transferred to the Division of Community Correction a community correction 22
667-center; 23
668- (B) Incarcerated for a minimum of: 24
669- (i) One hundred eighty (180) days for a sentence of 25
670-four (4) years or less; or 26
671- (ii) Two hundred seventy (270) days for a sentence of 27
672-more than four (4) years but less than six (6) years; and 28
673- (C) Determined by the Division of Community Correction 29
674-Secretary of the Department of Corrections to have successfully completed its 30
675-the therapeutic program prescribed by the secretary . 31
676- (2)(A) The General Assembly finds that the power granted to the 32
677-Post-Prison Transfer Board under subdivision (c)(1) of this section will: 33
678- (i) Aid the therapeutic rehabilitation of the 34
679-inmates judicially or administratively transferred to the Division of 35
680-Community Correction; and 36 As Engrossed: S4/1/25 SB539
681-
682- 18 04-01-2025 11:37:38 CEB171
683-
684-
685- (ii) More efficiently use the correctional resources 1
686-of the State of Arkansas. 2
687- (B) The power granted to the Post -Prison Transfer Board 3
688-under subdivision (c)(1) of this section shall be the sole authority required 4
689-for the accomplishment of the purposes set forth in this subdivision (c)(2), 5
690-and when the Post-Prison Transfer Board exercises its power under this 6
691-section, it shall not be necessary for the Post -Prison Transfer Board to 7
692-comply with general provisions of other laws dealing with the minimum time 8
693-constraints as applied to release eligibility. 9
694- (3) This subsection does not grant the Post -Prison Transfer 10
695-Board or the Division of Community Correction Department of Corrections the 11
696-authority either to detain an inmate beyond the sentence imposed upon him or 12
697-her by a transferring court or to shorten that sentence. 13
698- (d)(1) An inmate of the Division of Correction who is to be 14
699-transferred to post-release supervision may be administratively transferred 15
700-to the Division of Community Correction when the inmate is within eighteen 16
701-(18) months of his or her projected release date for the purpose of 17
702-participating in a reentry program of at least six (6) months in length. 18
703- (2) Each inmate administratively transferred under this 19
704-subsection shall be thoroughly screened and approved for participation by the 20
705-director or his or her designee. 21
706- (3) In accordance with rules promulgated by the Board of 22
707-Corrections, upon receipt of a referral from the director or his or her 23
708-designee, the Post-Prison Transfer Board may release from incarceration an 24
709-inmate who has been: 25
710- (A) Administratively transferred to the Division of 26
711-Community Correction; and 27
712- (B) Determined by the Division of Community Correction to 28
713-have successfully completed its reentry program. 29
714- (4) An inmate who has been administratively transferred under 30
715-this subsection shall be administratively transferred back to the Division of 31
716-Correction if he or she: 32
717- (A) Is denied parole or transfer to post -release 33
718-supervision; or 34
719- (B) Fails to complete or is removed from the reentry 35
720-program. 36 As Engrossed: S4/1/25 SB539
721-
722- 19 04-01-2025 11:37:38 CEB171
723-
724-
725- 1
726- SECTION 13. Arkansas Code § 12 -29-205(a)(1), concerning good time 2
727-earned pending transfer to the Division of Correction or Division of 3
728-Community Correction, is amended to read as follows: 4
729- (a)(1) Any person who is sentenced by a circuit court to the Division 5
730-of Correction or the Division of Community Correction an imposed period of 6
731-incarceration at a facility operated or contracted by a division of the 7
732-Department of Corrections and is awaiting transfer to the Division of 8
733-Correction or Division of Community Correction a facility operated or 9
734-contracted by a division of the department may earn meritorious good time in 10
735-accordance with law and rules as adopted by the Board of Corrections. 11
1066+ 29 03/20/2025 12:19:27 PM CEB171
1067+certain powers and duties of the department to the appropriate division to 1
1068+reduce the rate of recidivism. Therefore, an emergency is declared to exist, 2
1069+and this act being immediately necessary for the preservation of the public 3
1070+peace, health, and safety shall become effective on: 4
1071+ (1) The date of its approval by the Governor; 5
1072+ (2) If the bill is neither approved nor vetoed by the Governor, 6
1073+the expiration of the period of time during which the Governor may veto the 7
1074+bill; or 8
1075+ (3) If the bill is vetoed by the Governor and the veto is 9
1076+overridden, the date the last house overrides the veto. 10
1077+ 11
7361078 12
737- SECTION 14. Arkansas Code § 16 -93-306(d)(3), concerning administrative 13
738-sanctions for probationers, is amended to read as follows: 14
739- (3) Intermediate sanctions shall include without limitation: 15
740- (A) Day reporting; 16
741- (B) Community service; 17
742- (C) Increased substance abuse screening and or treatment, 18
743-or both; 19
744- (D) Increased monitoring, including electronic monitoring 20
745-and home confinement; and 21
746- (E)(i) Incarceration in a county jail for no more than 22
747-seven (7) days or incarceration in a Division of Community Correction or 23
748-Division of Correction facility operated or contracted by a division of the 24
749-department for no more than one hundred eighty (180) days. 25
750- (ii)(a) Incarceration as an intermediate sanction 26
751-shall not be used more than six (6) times with an individual probationer. 27
752- (b) A probationer shall accumulate no more 28
753-than thirty (30) days' incarceration in a county jail or no more than three 29
754-hundred sixty (360) days' incarceration in a Division of Community Correction 30
755-or Division of Correction facility operated or contracted by a division of 31
756-the Department of Corrections as an intermediate sanction before the 32
757-probation officer recommends a violation of the person's probation under § 33
758-16-93-307. 34
759- (c) A probationer is subject to a period of 35
760-incarceration of: 36 As Engrossed: S4/1/25 SB539
761-
762- 20 04-01-2025 11:37:38 CEB171
763-
764-
765- (1) Up to ninety (90) days in a Division 1
766-of Community Correction or Division of Correction facility operated or 2
767-contracted by a division of the department for a technical conditions 3
768-violation; and 4
769- (2) Exactly one hundred eighty (180) 5
770-days in a Division of Community Correction or Division of Correction facility 6
771-operated or contracted by a division of the department for a serious 7
772-conditions violation. 8
773- (d) A probationer may not be incarcerated more 9
774-than two (2) times as a probation sanction in a Division of Community 10
775-Correction or Division of Correction facility operated or contracted by a 11
776-division of the department during a two-year period. 12
7771079 13
778- SECTION 15. Arkansas Code § 16 -93-306(g), concerning the period of 14
779-incarceration for an administrative sanction of a probationer, is amended to 15
780-read as follows: 16
781- (g) A period of incarceration under this section: 17
782- (1) May be reduced by the Division of Correction or the Division 18
783-of Community Correction a division of the department for good behavior and 19
784-successful program completion; and 20
785- (2) Shall not be reduced under this section for more than fifty 21
786-percent (50%) of the total time of incarceration ordered to be served. 22
787- 23
788- SECTION 16. Arkansas Code § 16 -93-308(i)(1)(B), concerning a probation 24
789-revocation is amended to read as follows: 25
790- (B)(i) A defendant on probation is subject to having his 26
791-or her probation revoked and being sentenced to the Division of Correction or 27
792-the Division of Community Correction a facility operated or contracted by a 28
793-division of the Department of Corrections for a subsequent violation of his 29
794-or her probation if the defendant has been confined six (6) times under § 16 -30
795-93-306(d). 31
796- (ii) After a defendant on probation has been 32
797-confined two (2) times under either § 16 -93-306(d) or § 16-93-309(a)(4) for 33
798-any combination of a technical conditions violation or serious conditions 34
799-violation for any period of time, the defendant on probation is subject to 35
800-having his or her probation revoked and being sentenced to the Division of 36 As Engrossed: S4/1/25 SB539
801-
802- 21 04-01-2025 11:37:38 CEB171
803-
804-
805-Correction or the Division of Community Correction a facility operated or 1
806-contracted by a division of the department for a subsequent violation of his 2
807-or her probation. 3
808- 4
809- SECTION 17. Arkansas Code § 16 -93-309(b)(1), concerning a period of 5
810-confinement imposed by a court on a person who is serving a suspended 6
811-imposition of sentence or on probation after a revocation hearing, is amended 7
812-to read as follows: 8
813- (b)(1) A period of confinement under subdivision (a)(4) of this 9
814-section may be reduced by the Division of Correction or the Division of 10
815-Community Correction a division of the Department of Corrections for good 11
816-behavior and successful program completion. 12
817- 13
818- SECTION 18. Arkansas Code § 16 -93-310 is amended to read as follows: 14
819- 16-93-310. Probation generally — Revocation — Community correction 15
820-program. 16
821- (a) When a person sentenced under a community correction program, § 5 -17
822-4-312, violates any terms or conditions of his or her sentence or term of 18
823-probation, revocation of the sentence or term of probation shall be 19
824-consistent with the procedures under this subchapter. 20
825- (b) Upon revocation, the court of jurisdiction shall determine whether 21
826-the offender shall remain under the jurisdiction of the court and be assigned 22
827-to a more restrictive community correction program, facility, or institution 23
828-for a period of time or committed to the Division of Community Correction a 24
829-community correction center . 25
830- (c)(1) If committed to the Division of Correction, the court shall 26
831-specify if the commitment is for judicial transfer of the offender to the 27
832-Division of Community Correction or is a regular commitment a community 28
833-correction center. 29
834- (2)(A) The court shall commit the eligible offender to the 30
835-custody of the Division of Correction under this subchapter for judicial or 31
836-administrative transfer to the Division of Community Correction a community 32
837-correction center subject to the following: 33
838- (i) That the sentence imposed provides that the 34
839-offender shall serve no more than three (3) years of confinement, with credit 35
840-for meritorious good time or earned release credits, with initial placement 36 As Engrossed: S4/1/25 SB539
841-
842- 22 04-01-2025 11:37:38 CEB171
843-
844-
845-in a Division of Community Correction facility community correction center ; 1
846-and 2
847- (ii) That the initial placement in the Division of 3
848-Community Correction a community correction center is conditioned upon the 4
849-offender's continuing eligibility for Division of Community Correction 5
850-community correction center placement and the offender's compliance with all 6
851-applicable rules established by the Board of Corrections for community 7
852-correction programs. 8
853- (B) Post-prison supervision shall accompany and follow 9
854-community correction programming when appropriate. 10
855- 11
856- SECTION 19. Arkansas Code § 16 -93-614(c)(2), concerning parole 12
857-eligibility for offenses committed after January 1, 1994, is amended to read 13
858-as follows: 14
859- (2)(A)(i)(a) An offender convicted of a target offense under § 15
860-16-93-1201 et seq. may be committed to the Division of Correction and 16
861-judicially or administratively transferred to the Division of Community 17
862-Correction a community correction center by provision in the commitment that 18
863-the trial court order or authorize such a transfer. 19
864- (b) No other offender is eligible for transfer 20
865-to a Division of Community Correction facility a community correction center . 21
866- (ii) A copy of the commitment shall be forwarded 22
867-immediately to the Division of Correction and to the Division of Community 23
868-Correction Department of Corrections . 24
869- (iii) In the event that an offender is sentenced to 25
870-the Division of Correction without judicial or administrative transfer on one 26
871-(1) sentence and concurrently sentenced to the Division of Correction with 27
872-judicial or administrative transfer on another sentence, the offender shall 28
873-remain in the Division of Correction, and the sentence with judicial or 29
874-administrative transfer may be discharged in the same manner as that of an 30
875-offender transferred back to the Division of Correction. 31
876- (B) The Division of Community Correction shall take over 32
877-supervision of the offender in accordance with the order of the court. 33
878- (C) The Division of Community Correction shall provide for 34
879-the appropriate disposition of the offender as expeditiously as practicable 35
880-under rules developed by the Board of Corrections. 36 As Engrossed: S4/1/25 SB539
881-
882- 23 04-01-2025 11:37:38 CEB171
883-
884-
885- (D) The offender shall not be transported to the Division 1
886-of Correction on the initial placement in a Division of Community Correction 2
887-facility pursuant to a judicial or administrative transfer. 3
888- (E)(B) An offender who is transferred back to the Division 4
889-of Correction removed from a community correction center for disciplinary 5
890-reasons may be considered for transfer to Division of Community Correction 6
891-supervision after earning good -time credit equal to one -half (½) of the 7
892-remainder of his or her sentence. 8
893- (F)(C) An offender who is sentenced after July 31, 2007, 9
894-and who is transferred back to the Division of Correction removed from a 10
895-community correction center for administrative reasons is eligible for 11
896-transfer to Division of Community Correction supervision in the same manner 12
897-as an offender who is sentenced to the Division of Correction without a 13
898-judicial or administrative transfer to the Division of Community Correction a 14
899-community correction center ; and 15
1080+ 14
1081+ 15
9001082 16
901- SECTION 20. Arkansas Code § 16 -93-617 is amended to read as follows: 17
902- 16-93-617. Parole eligibility procedures — Offenses committed after 18
903-January 1, 1994 — Revocation of transfer. 19
904- (a) In the event an offender transferred under this section, §§ 16 -93-20
905-614 — 16-93-616, or § 16-93-618 violates the terms or conditions of his or 21
906-her transfer, a hearing shall follow all applicable legal requirements and 22
907-shall be subject to any additional policies and rules set by the Post -Prison 23
908-Transfer Board. 24
909- (b)(1) In the event an offender transferred under this section and §§ 25
910-16-93-614 — 16-93-616, or § 16-93-618 is found to be or becomes ineligible 26
911-for transfer into a Division of Community Correction facility community 27
912-correction center, he or she shall be transported to the a Division of 28
913-Correction facility to serve the remainder of his or her sentence. 29
914- (2) Notice of the ineligibility and the reasons therefor shall 30
915-be provided to the offender, and a hearing may be requested before the board 31
916-if the offender contests the factual basis of the ineligibility. Otherwise, 32
917-the board may administratively approve the transfer to the Division of 33
918-Correction removal from a community correction center . 34
919- (c) An offender who is judicially transferred to a Division of 35
920-Community Correction facility and subsequently transferred back to the 36 As Engrossed: S4/1/25 SB539
921-
922- 24 04-01-2025 11:37:38 CEB171
923-
924-
925-Division of Correction a community correction center and subsequently removed 1
926-by the board for disciplinary or administrative reasons may not become 2
927-eligible for any further transfer under § 16 -93-614(c)(2)(E) and (F)(B) and 3
928-(C). 4
929- 5
930- SECTION 21. Arkansas Code § 16 -93-712(d)(3), concerning administrative 6
931-sanctions for parolees, is amended to read as follows: 7
932- (3) Intermediate sanctions shall include without limitation: 8
933- (A) Day reporting; 9
934- (B) Community service; 10
935- (C) Increased substance abuse screening or treatment, or 11
936-both; 12
937- (D) Increased monitoring, including electronic monitoring 13
938-and home confinement; and 14
939- (E)(i) Incarceration in a county jail for no more than 15
940-seven (7) days or incarceration in a Division of Community Correction 16
941-facility or Division of Correction facility operated or contracted by a 17
942-division of the Department of Corrections for no more than one hundred twenty 18
943-(120) days. 19
944- (ii)(a) Incarceration as an intermediate sanction 20
945-shall not be used more than six (6) times with an individual parolee. 21
946- (b) A parolee shall accumulate no more than 22
947-twenty-one (21) days' incarceration in a county jail or no more than two 23
948-hundred forty (240) days' incarceration in a Division of Community Correction 24
949-facility or Division of Correction facility operated or contracted by a 25
950-division of the department as an intermediate sanction before the community 26
951-supervision officer recommends a violation of the person's parole under § 16 -27
952-93-706. 28
953- (c) A parolee is subject to a period of 29
954-incarceration of: 30
955- (1) Up to sixty (60) days in a D ivision 31
956-of Community Correction facility or Division of Correction facility operated 32
957-or contracted by a division of the department for a technical conditions 33
958-violation; and 34
959- (2) One hundred twenty (120) days in a 35
960-Division of Community Correction facility or Division of Correction facility 36 As Engrossed: S4/1/25 SB539
961-
962- 25 04-01-2025 11:37:38 CEB171
963-
964-
965-operated or contracted by a division of the department for a serious 1
966-conditions violation. 2
967- (d) A parolee may not be incarcerated more 3
968-than two (2) times as a parole sanction in a Division of Community Correction 4
969-facility or Division of Correction operated or contracted by a division of 5
970-the department facility during a two -year period. 6
971- 7
972- SECTION 22. Arkansas Code § 16 -93-1202(2)(G)(i), concerning the things 8
973-included in the definition of "community correction" with respect to 9
974-community correction programs, is amended to read as follows: 10
975- (G)(i) Community correction facilities centers, 11
976-multipurpose facilities encompassing security, correction, and services such 12
977-that offenders can be housed therein when necessary but can also be assigned 13
978-to or access correction programs and services which are housed there. 14
979- 15
980- SECTION 23. Arkansas Code § 16 -93-1202(4)—(6), concerning definitions 16
981-with respect to community correction, is amended to read as follows: 17
982- (4) “Division of Community Correction” means the administrative 18
983-structure in place to oversee the development and operation of community 19
984-correction facilities, programs, and services, including probation, parole, 20
985-and post-release supervision; 21
986- (5) “Division of Correction” means the administrative structure 22
987-in place to oversee the daily operation of secure prison facilities and the 23
988-security functions of community correction centers ; 24
989- (6) “Eligibility” or “eligible offender” means any person 25
990-convicted of a felony who is by law eligible for such sentence or who is 26
991-otherwise under the supervision of the Division of Community Correction and 27
992-who falls within the population targeted by the General Assembly for 28
993-inclusion in community correction facilities centers and who has not been 29
994-subject to a disciplinary violation for a violent act or for sexual 30
995-misconduct while in the custody of a jail or correctional facility and does 31
996-not have a current or previous conviction for a violent or sexual offense 32
997-listed under subdivision (10)(A)(ii) of this section; 33
998- 34
999- SECTION 24. Arkansas Code § 16 -93-1202(8), concerning the definition 35
1000-of "supervision" with respect to community correction, is amended to read as 36 As Engrossed: S4/1/25 SB539
1001-
1002- 26 04-01-2025 11:37:38 CEB171
1003-
1004-
1005-follows: 1
1006- (8) “Supervision” means direct supervision at varying levels of 2
1007-intensity by community supervision officers in the case of sentences to 3
1008-probation with a condition of community correction or offenders eligible for 4
1009-release on parole or post-release supervision or offenders transferred to 5
1010-community correction or community supervision from the Division of 6
1011-Correction; 7
1012- 8
1013- SECTION 25. Arkansas Code § 16 -93-1202(10)(C), concerning the 9
1014-definition of "target group" with respect to community correction, is amended 10
1015-to read as follows: 11
1016- (C) Final determination of eligibility for placement in any 12
1017-community correction center or program is the responsibility of the Division 13
1018-of Community Correction; 14
1019- 15
1020- SECTION 26. Arkansas Code § 16 -93-1205 is amended to read as follows: 16
1021- 16-93-1205. Operation and supervision of community correction programs. 17
1022- (a) The Board of Corrections shall promulgate policies and rules 18
1023-relating to the operation of community correction facilities and programs, 19
1024-the supervision of eligible offenders participating therein, and the 20
1025-termination of that participation, including but not limited to: 21
1026- (1) The terms, conditions, and qualifications of program 22
1027-eligibility; 23
1028- (2) The time to be spent in specific correction and treatment 24
1029-programs designated as community correction; 25
1030- (3) Receipt of compensation in the form of fees or other 26
1031-available sources from the eligible offender while participating in a 27
1032-community correction program; 28
1033- (4) Allocation of compensation received by an eligible offender 29
1034-while participating in a community correction program, including designation 30
1035-to the Division of Community Correction Department of Corrections of a 31
1036-percentage of any compensation received for the purpose of defraying the 32
1037-costs to the division department of establishing and operating community 33
1038-correction programs and the costs of the offender's custody and care; 34
1039- (5) Receipt of compensation from public entities who benefit 35
1040-from the labor of offenders involved in community correction work programs; 36 As Engrossed: S4/1/25 SB539
1041-
1042- 27 04-01-2025 11:37:38 CEB171
1043-
1044-
1045-and 1
1046- (6) Collection of economic sanctions imposed by the court, 2
1047-including, but not limited to, restitution, fines, fees, or other monetary 3
1048-penalties attached to an offender's sentence. 4
1049- (b) The division department shall supervise all eligible offenders 5
1050-participating in any community correction program with the goal of promoting 6
1051-the safety and welfare of the people of the state. 7
1052- 8
1053- SECTION 27. Arkansas Code § 16 -93-1207(a) and (b), concerning an order 9
1054-of the court placing an offender on probation and an order sealing an 10
1055-offender's criminal record, are amended to read as follows: 11
1056- (a) Upon the sentencing or placing on probation of any person under 12
1057-the provisions of this subchapter, the sentencing court shall issue an order 13
1058-or commitment, whichever is appropriate, in writing, setting forth the 14
1059-following: 15
1060- (1) That the offender is being: 16
1061- (A) Committed to the Division of Correction; 17
1062- (B) Committed to the Division of Correction with judicial 18
1063-transfer to the Division of Community Correction a community correction 19
1064-center; 20
1065- (C) Placed on suspended imposition of sentence; 21
1066- (D) Placed on probation under the provisions of this 22
1067-subchapter; or 23
1068- (E) Committed to a county jail for a misdemeanor offense 24
1069-committed after January 1, 2007; 25
1070- (2) That the offender has knowledge and understanding of the 26
1071-consequences of the sentence or placement on probation and violations 27
1072-thereof; 28
1073- (3) A designation of sentence or supervision length along with 29
1074-community correction program distinctions of that sentence or supervision 30
1075-length; 31
1076- (4) Any applicable terms and conditions of the sentence or 32
1077-probation term; and 33
1078- (5) Presentence investigation or sentencing information, 34
1079-including, but not limited to, criminal history elements and other 35
1080-appropriate or necessary information for correctional use. 36 As Engrossed: S4/1/25 SB539
1081-
1082- 28 04-01-2025 11:37:38 CEB171
1083-
1084-
1085- (b)(1) Upon the successful completion of probation or a commitment to 1
1086-the Division of Correction with judicial transfer to the Division of 2
1087-Community Correction a community correction center or a commitment to a 3
1088-county jail for one (1) of the offenses targeted by the General Assembly for 4
1089-community correction placement, the court may direct that the record of the 5
1090-offender be sealed with regards to the offense of which the offender was 6
1091-either convicted or placed on probation under the condition that the offender 7
1092-has no more than one (1) previous felony conviction and that the previous 8
1093-felony was other than a conviction for: 9
1094- (A) A capital offense; 10
1095- (B) Murder in the first degree, § 5 -10-102; 11
1096- (C) Murder in the second degree, § 5 -10-103; 12
1097- (D) Rape, § 5-14-103; 13
1098- (E) Kidnapping, § 5 -11-102; 14
1099- (F) Aggravated robbery, § 5 -12-103; or 15
1100- (G) Delivering controlled substances to a minor as 16
1101-prohibited in the former § 5 -64-410. 17
1102- (2) The fact that a prior felony conviction has been previously 18
1103-sealed shall not prevent its counting as a prior conviction for the purposes 19
1104-of this subsection. 20
1105- (3) The procedure, effect, and definition of “sealed” for the 21
1106-purposes of this subsection shall be in accordance with that established in 22
1107-the Comprehensive Criminal Record Sealing Act of 2013, § 16 -90-1401 et seq. 23
1108- 24
1109- SECTION 28. Arkansas Code § 16 -93-1804(1), concerning release 25
1110-eligibility for felonies committed on or after January 1, 2025, is amended to 26
1111-read as follows: 27
1112- (1) A person who commits an offense meeting the definition of 28
1113-target group as defined under § 16 -93-1202 and who is judicially or 29
1114-administratively transferred to a community correction center is eligible for 30
1115-transfer to post-release supervision as follows: 31
1116- (A) If the person is t ransferred back to the Division of 32
1117-Correction removed from the community correction center for disciplinary 33
1118-reasons, he or she is ineligible to accrue earned release credits against the 34
1119-sentence for which he or she is transferred to the Division of Correction 35
1120-removed from the community correction center for disciplinary reasons; 36 As Engrossed: S4/1/25 SB539
1121-
1122- 29 04-01-2025 11:37:38 CEB171
1123-
1124-
1125- (B) If the person is transferred back to the Division of 1
1126-Correction removed from the community correction center for administrative 2
1127-reasons, he or she may be considered for transfer to post -release supervision 3
1128-as otherwise authorized in § 16 -93-1803 and this section; 4
1129- (C) If the person is not transferred back to the Division 5
1130-of Correction removed from the community correction center for administrative 6
1131-or disciplinary reasons, he or she is eligible for release under § 12 -27-7
1132-127(c); and 8
1133- (D) A person who has committed a felony that is within the 9
1134-target group as defined under § 16 -93-1202 and who is transferred to 10
1135-community supervision is eligible, under the rules established by the Post -11
1136-Prison Transfer Board, for commitment to a community correction facility if 12
1137-he or she is found to be in violation of any of his or her conditions of 13
1138-post-release supervision, unless the post -release supervision violation 14
1139-constitutes a non-target felony offense; 15
1140- 16
1141- SECTION 29. Arkansas Code § 16 -93-1907(a)(3), concerning 17
1142-administrative sanctions for post -release supervision, is amended to read as 18
1143-follows: 19
1144- (3) Intermediate sanctions shall include without limitation: 20
1145- (A) Community service; 21
1146- (B) Increased substance abuse screening and treatment; 22
1147- (C) Increased monitoring, including electronic monitoring 23
1148-and home confinement; and 24
1149- (D)(i) Incarceration in a county or regional jail for no 25
1150-more than seven (7) days or incarceration in a Division of Correction 26
1151-facility or a Division of Community Correction facility operated or 27
1152-contracted by a division of the Department of Corrections for no more than 28
1153-ninety (90) days. 29
1154- (ii)(a) Incarceration as an intermediate sanction 30
1155-shall not be used more than six (6) times with an offender on post -release 31
1156-supervision. 32
1157- (b) If an offender on post -release supervision 33
1158-accumulates more than thirty (30) days' incarceration in a county or regional 34
1159-jail or more than three hundred sixty (360) days' incarceration in a Division 35
1160-of Correction facility or a Division of Community Correction facility 36 As Engrossed: S4/1/25 SB539
1161-
1162- 30 04-01-2025 11:37:38 CEB171
1163-
1164-
1165-operated or contracted by a division of the department as an intermediate 1
1166-sanction, the community supervision officer shall recommend a revocation of 2
1167-the offender's post-release supervision under § 16 -93-1908. 3
1168- (c) An offender shall not be incarcerated more 4
1169-than two (2) times as a result of an intermediate sanction in a Division of 5
1170-Correction facility operated or contracted by a division of the department 6
1171-during any two-year period. 7
1172- 8
1173- SECTION 30. DO NOT CODIFY. Temporary language. 9
1174- The Residential Services Section of the Division of Community 10
1175-Correction’s statutory powers, duties, and functions, including the functions 11
1176-of budgeting or purchasing, records, contracts, personnel, property, and 12
1177-unexpended balances of appropriations, allocations, and other funds that are 13
1178-utilized for the operation of community correction centers are transferred to 14
1179-the Division of Correction within the Department of Corrections. 15
1180- 16
1181- SECTION 31. DO NOT CODIFY. Temporary language. 17
1182- The Sex Offender Community Notification Section of the Division of 18
1183-Correction’s statutory powers, duties, and functions, including the functions 19
1184-of budgeting or purchasing, records, contracts, personnel, property, and 20
1185-unexpended balances of appropriations, allocations, and other funds are 21
1186-transferred to the Department of Corrections. 22
1187- 23
1188- SECTION 32. EMERGENCY CLAUSE. It is found and determined by the 24
1189-General Assembly of the State of Arkansas that repeat criminal activity 25
1190-threatens the safety of the state; that the transfer of certain powers and 26
1191-duties of the Department of Corrections to the appropriate divisions will 27
1192-improve the ability of the department to address repeat criminal activity; 28
1193-and that this act is immediately necessary to ensure the timely transfer of 29
1194-certain powers and duties of the department to the appropriate division to 30
1195-reduce the rate of recidivism. Therefore, an emergency is declared to exist, 31
1196-and this act being immediately necessary for the preservation of the public 32
1197-peace, health, and safety shall become effective on: 33
1198- (1) The date of its approval by the Governor; 34
1199- (2) If the bill is neither approved nor vetoed by the Governor, 35
1200-the expiration of the period of time during which the Governor may veto the 36 As Engrossed: S4/1/25 SB539
1201-
1202- 31 04-01-2025 11:37:38 CEB171
1203-
1204-
1205-bill; or 1
1206- (3) If the bill is vetoed by the Governor and the veto is 2
1207-overriden, the date the last house overrides the veto. 3
1208- 4
1209- SECTION 33. DO NOT CODIFY. CONSTRUCTION. 5
1210- (a) Except as provided in subsection (b) of this section, to the 6
1211-extent that a conflict exists between an act of the regular session of the 7
1212-Ninety-Fifth General Assembly and this act: 8
1213- (1) Section 1-2-107 shall not apply; and 9
1214- (2) All of the enactments of each act shall be given effect 10
1215-except to the extent of irreconcilable conflicts, in which case the 11
1216-conflicting provision of this act shall prevail. 12
1217- (b) This section shall not revive or re-enact any provision of the 13
1218-Arkansas Code that has been repealed by an act of the regular session of the 14
1219-Ninety-Fifth General Assembly, including without limitation this act. 15
1220- 16
1221-/s/Gilmore 17
1083+ 17
12221084 18
12231085 19
1224-APPROVED: 4/17/25 20
1086+ 20
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12301092 26
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