Arkansas § 16-93-1808 Hearing procedure

Arkansas Statutes

§ 16-93-1808 — Hearing procedure

(a)When a hearing is needed to determine whether to transfer an inmate to post-release supervision, the Post-Prison Transfer Board shall conduct a hearing to determine the appropriateness of the inmate for transfer to post-release supervision.

(b)At the conclusion of a hearing under this section, the board shall issue one (1) of the following decisions:

(1)Transfer the inmate to post-release supervision as authorized under § 16-93-1901 et seq. and accompany the transfer with a notice of the conditions of the transfer, including without limitation:

(A)Supervision levels;

(B)Economic fee sanction;

(C)Participation in a treatment program;

(D)Programming requirements; and (E) Facility placement when appropriate;

(2)(A) Deny transfer of the inmate to post-release supervision based on a

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(a) When a hearing is needed to determine whether to transfer an inmate to post-release supervision, the Post-Prison Transfer Board shall conduct a hearing to determine the appropriateness of the inmate for transfer to post-release supervision. (b) At the conclusion of a hearing under this section, the board shall issue one (1) of the following decisions: (1) Transfer the inmate to post-release supervision as authorized under § 16-93-1901 et seq. and accompany the transfer with a notice of the conditions of the transfer, including without limitation: (A) Supervision levels; (B) Economic fee sanction; (C) Participation in a treatment program; (D) Programming requirements; and (E) Facility placement when appropriate; (2) (A) Deny transfer of the inmate to post-release supervision based on a set of established criteria and accompany the denial with a prescribed course of action to be undertaken by the inmate to rectify the board's concern. (B) Upon completion of the course of action determined by the board under subdivision (b)(2)(A) of this section and after final review of the inmate's file to ensure successful completion of the course of action, the board shall authorize the inmate's transfer to post-release supervision under this subchapter in accordance with administrative rules and policies governing the transfer and subject to the conditions attached to the transfer. (C) If an inmate fails to fulfill the course of action outlined by the board to facilitate transfer to post-release supervision under subdivision (b)(2)(A) of this section, it is the responsibility of the inmate to petition the board for a rehearing; or (3) Deny transfer of the inmate to post-release supervision for a period of up to two (2) years. (c) A transfer of an inmate to post-release supervision under this section shall be issued upon the adoption of an order by the board in accordance with the rules and policies adopted by the board under this section.

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