§ 16-93-101 — Definitions

As used in this act: (1) "Case plan" means an individualized accountability and behavior change strategy for supervised individuals that: (A) Targets and prioritizes the specific criminal risk factors of the offender based upon his or her assessment results; (B) Matches the type and intensity of supervision and treatment conditions to the offender's level of risk, criminal risk factors, and individual characteristics, such as gender, culture, motivational stage, developmental stage, and learning style; (C) Establishes a timetable for achieving specific behavioral goals, including a schedule for payment of victim restitution, child support, and other financial obligations; and (D) Specifies positive and negative actions that will be taken in response to the supervised individual's behaviors; (2) "Community supervision" means a period of supervision of an offender in the community and includes without limitation probation, parole, and post-release supervision; (3) "Criminal risk factors" are characteristics and behaviors that affect a person's risk for committing crimes and may include without limitation the following risk and criminogenic need factors: (A) Antisocial personality; (B) Criminal thinking; (C) Criminal associates; (D) Dysfunctional family; (E) Low levels of employment or education; and (F) Substance abuse; (4) "Detriment to the community" means a person who has: (A) Demonstrated a pattern of behavior that indicates disregard for the safety and welfare of others; (B) Exhibited violence or repeated violent tendencies; (C) Has been convicted of a felony involving violence, as defined under § 5-4-501(d)(2) ; or (D) During the three (3) calendar years before the person's parole or post-release supervision hearing: (i) Demonstrated a documented lack of respect for authority towards law enforcement or prison officials while in the custody of the Division of Correction, the Division of Community Correction, or a law enforcement agency; or (ii) Accrued multiple disciplinary violations while in the custody of the Division of Correction, the Division of Community Correction, or a law enforcement agency, including at least one (1) disciplinary violation involving violence or sexual assault while in the custody of the Division of Correction, the Division of Community Correction, or a law enforcement agency; (5) "Evidence-based practices" means policies, procedures, programs, and practices proven by scientific research to reliably produce reductions in recidivism; (6) "Intermediate sanctions" means a nonprison accountability measure imposed on an offender in response to a violation of supervision conditions. Such measures may include without limitation: (A) The use of electronic supervision tools; (B) Drug and alcohol testing or monitoring; (C) Day or evening reporting; (D) Restitution; (E) Forfeiture of earned discharge credits; (F) Rehabilitative interventions such as substance abuse and mental health treatment; (G) Reporting requirements to community supervision officers; (H) Community service or community work project; (I) Secure or unsecure residential treatment facilities; and (J) Short-term, intermittent incarceration; (7) "Jacket review" means the review of the file of a transfer-eligible inmate located at any correctional facility in the state by an individual staff member or team of staff members of the Division of Community Correction for purposes of preparing the inmate's application for parole or post-release supervision consideration by the Post-Prison Transfer Board; (8) "Parole" means the release of the prisoner into the community by the board prior to the expiration of his or her term, subject to conditions imposed by the board and to the supervision of the Division of Community Correction. When a court or other authority has filed a warrant against the prisoner, the board may release him or her on parole to answer the warrant of the court or authority; (9) "Probation" means a procedure under which a defendant, found guilty upon verdict or plea, is released by the court without imprisonment, subject to conditions imposed by the court and subject to the supervision of the Division of Community Correction, but only if the supervision is requested in writing by the court; (10) "Recidivism" means the return to incarceration in a Division of Correction or Division of Community Correction community correctional facility other than a technical violator program within a three-year period; (11) "Risk needs assessment review" means an examination of the results of a validated risk-needs assessment; (12) "Serious conditions violation" means a violation of the conditions of community supervision that results from the offender's absenting himself or herself from supervision for a period of six (6) months or more or an arrest for a misdemeanor offense that does not involve: (A) An act involving a violent misdemeanor that provides the prosecuting attorney with the option to revoke the offender's community supervision, or allow the Division of Community Correction to utilize the sanctions provided under this chapter; (B) An offense for which a conviction would require the person to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (C) A misdemeanor offense of harassment or stalking or that contains a threat of violence to a victim, or a threat of violence to a family member of the victim of the offense for which the defendant was placed on community supervision; (D) A misdemeanor offense of driving or boating while intoxicated, § 5-65-103 , when the offender on community supervision is currently being supervised for a felony offense of § 5-65-103 , § 5-10-104 , or § 5-10-105 , and the felony offense was alcohol-related or drug-related; or (E) Except for an offense under the Uniform Controlled Substances Act, § 5-64-101 et seq., a misdemeanor offense that is a lesser included offense or falls within the same chapter of the Arkansas Criminal Code of the offense for which the defendant was placed on community supervision; (13) "Technical conditions violation" means: (A) A violation of the conditions of an offender's community supervision that results from a noncriminal act or positive drug screen; or (B) The parolee's or probationer's absenting himself or herself from supervision for a period of less than six (6) months; (14) (A) "Treatment" means targeted interventions that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. (B) Treatment options may include without limitation: (i) Community-based programs that are consistent with evidence-based practices; (ii) Cognitive behavioral programs; (iii) Inpatient and outpatient substance abuse and mental health programs; and (iv) Other available prevention and intervention programs that have been scientifically proven to reliably reduce recidivism; and (15) "Validated risk-needs assessment" means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior.

Legislative History

Amended by Act 2023, No. 659,§ 149, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 148, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 147, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 146, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 145, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 144, eff. 1/1/2024. Amended by Act 2021, No. 327,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 885, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 884, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 883, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 882, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 881, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 880, eff. 7/1/2019. Amended by Act 2017, No. 423,§ 16, eff. 10/1/2017. Amended by Act 2015, No. 895,§ 18, eff. 4/1/2015. Acts 1968 (1st Ex. Sess.), No. 50, § 23; A.S.A. 1947, § 43-2801; Acts 2005, No. 1994, § 286; 2011, No. 570, § 84.