§ 12-27-127 — Transfer to the Division of Community Correction - Transfer of an inmate between divisions

Arkansas § 12-27-127

• Jurisdiction: Arkansas
• Title: 12

Text

(a) (1) A commitment shall be treated as a commitment to the Division of Correction and subject to regular transfer eligibility. (2) However, an inmate may be judicially or administratively transferred to the Division of Community Correction by the Division of Correction unless the court indicates on the sentencing order that the Division of Correction shall not administratively transfer a statutorily eligible inmate to the Division of Community Correction in accordance with the rules promulgated by the Board of Corrections. (b) (1) In accordance with rules and procedures promulgated by the Board of Corrections and the orders of the committing court, the Director of the Division of Community Correction shall assign a newly transferred inmate to an appropriate facility, placement, program, or status within the Division of Community Correction. (2) The director may transfer an inmate from one facility, placement, program, or status to another facility, placement, program, or status consistent with the commitment, applicable law, and in accordance with treatment, training, and security needs. (3) (A) An inmate may be administratively transferred back to the Division of Correction from the Division of Community Correction by the Post-Prison Transfer Board following a hearing in which the inmate is found ineligible for placement in a Division of Community Correction facility as he or she fails to meet the criteria or standards established by law or policy adopted by the Board of Corrections or has been found guilty of a violation of the rules of the facility. (B) Time served in a community correction facility or under supervision by the Division of Community Correction shall be credited against the sentence contained in the commitment to the Division of Correction. (c) (1) In accordance with rules and procedures promulgated by the Board of Corrections, upon receipt of a referral from the director or his or her designee, the Post-Prison Transfer Board may release from confinement an inmate who has been: (A) Sentenced and judicially or administratively transferred to the Division of Community Correction; (B) Incarcerated for a minimum of: (i) One hundred eighty (180) days for a sentence of four (4) years or less; or (ii) Two hundred seventy (270) days for a sentence of more than four (4) years but less than six (6) years; and (C) Determined by the Division of Community Correction to have successfully completed its therapeutic program. (2) (A) The General Assembly finds that the power granted to the Post-Prison Transfer Board under subdivision (c)(1) of this section will: (i) Aid the therapeutic rehabilitation of the inmates judicially or administratively transferred to the Division of Community Correction; and (ii) More efficiently use the correctional resources of the State of Arkansas. (B) The power granted to the Post-Prison Transfer Board under subdivision (c)(1) of this section shall be the sole authority required for the accomplishment of the purposes set forth in this subdivision (c)(2), and when the Post-Prison Transfer Board exercises its power under this section, it shall not be necessary for the Post-Prison Transfer Board to comply with general provisions of other laws dealing with the minimum time constraints as applied to release eligibility. (3) This subsection does not grant the Post-Prison Transfer Board or the Division of Community Correction the authority either to detain an inmate beyond the sentence imposed upon him or her by a transferring court or to shorten that sentence. (4) [Repealed.] (d) (1) An inmate of the Division of Correction who is to be transferred to post-release supervision may be administratively transferred to the Division of Community Correction when the inmate is within eighteen (18) months of his or her projected release date for the purpose of participating in a reentry program of at least six (6) months in length. (2) Each inmate administratively transferred under this subsection shall be thoroughly screened and approved for participation by the director or his or her designee. (3) In accordance with rules promulgated by the Board of Corrections, upon receipt of a referral from the director or his or her designee, the Post-Prison Transfer Board may release from incarceration an inmate who has been: (A) Administratively transferred to the Division of Community Correction; and (B) Determined by the Division of Community Correction to have successfully completed its reentry program. (4) An inmate who has been administratively transferred under this subsection shall be administratively transferred back to the Division of Correction if he or she: (A) Is denied parole or transfer to post-release supervision; or (B) Fails to complete or is removed from the reentry program.

Legislative History

Amended by Act 2023, No. 659,§ 91, eff. 1/1/2024. Amended by Act 2021, No. 55,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 751, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 750, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 749, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 748, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 747, eff. 7/1/2019. Amended by Act 2017, No. 423,§ 10, eff. 8/1/2017. Amended by Act 2015, No. 146,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1335,§ 1, eff. 8/16/2013. Acts 1993, No. 549, § 8; 1995, No. 1170, § 5; 2005, No. 682, § 1.