§ 16-93-201 — Creation - Members - Qualifications and training - Definitions

Arkansas § 16-93-201

• Jurisdiction: Arkansas
• Title: 16

Text

(a) (1) There is created the Post-Prison Transfer Board, to be composed of seven (7) members to be appointed from the state at large by the Governor and confirmed by the Senate. (2) (A) (i) A member of the board shall be a full-time official of this state and shall not have any other employment for the duration of his or her appointment to the board. (ii) (a) A member of the board who is currently serving as of April 1, 2015, shall terminate any other employment that has not been approved as required by subdivision (a)(2)(A)(ii) (b) of this section. (b) A member may engage in employment that has a limited time commitment with approval from the Chair of the Post-Prison Transfer Board. (B) (i) The Governor shall appoint one (1) member as the chair who shall be the chief executive, administrative, budgetary, and fiscal officer of the board and the chair shall serve at the will of the Governor. (ii) The chair shall have general supervisory duties over the members and staff of the board but may not remove a member of the board except as provided under subsection (e) of this section. (iii) The board may review and approve budget and personnel requests prior to submission for executive and legislative approval. (C) The board shall elect from its membership a vice chair and a secretary who shall assume, in that order and with the consent of the Governor, the duties of the chair in the case of extended absence, vacancy, or other similar disability of the chair until the Governor designates a new chair of the board. (3) Each member shall serve a seven-year term, except that the terms shall be staggered by the Governor so that the term of one (1) member expires each year. (4) (A) A member shall have at least a bachelor's degree from an accredited college or university and the member should have no less than five (5) years' professional experience in one (1) or more of the following fields: (i) Parole or post-release supervision; (ii) Probation supervision; (iii) Corrections; (iv) Criminal justice; (v) Law; (vi) Law enforcement; (vii) Psychology; (viii) Psychiatry; (ix) Sociology; (x) Social work; or (xi) Other related field. (B) If the member does not have at least a bachelor's degree from an accredited college or university, he or she shall have no less than seven (7) years' experience in a field listed in subdivision (a)(4)(A) of this section. (5) (A) A member appointed after July 1, 2011, whether or not he or she has served on the board previously, shall complete a comprehensive training course developed in compliance with guidelines from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association. (B) All members shall complete annual training developed in compliance with guidelines from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association. (C) Training components under this subdivision (a)(5) shall include an emphasis on the following subjects: (i) Data-driven decision making; (ii) (a) Evidence-based practice. (b) As used in this section, "evidence-based practice" means practices proven through research to reduce recidivism; (iii) Stakeholder collaboration; and (iv) Recidivism reduction. (b) If any vacancy occurs on the board prior to the expiration of a term, the Governor shall fill the vacancy for the remainder of the unexpired term, subject to confirmation by the Senate. (c) The members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (d) (1) Four (4) members of the board shall constitute a quorum for the purpose of holding an official meeting. (2) However, the affirmative vote of at least five (5) of the members of the board is required for any action by the board. (e) (1) A member of the board may be removed by the Governor after the Governor has received notification from the chair that the member: (A) Has been derelict in his or her duties as a member of the board; or (B) No longer meets the eligibility requirements to serve as a member of the board. (2) The member of the board who has been reported to the Governor under subdivision (e)(1) of this section shall receive written notice of the notification by the chair to the Governor and the member of the board shall be allowed an opportunity to respond within seven (7) days. (f) (1) When exercising his or her duties with regards to the board, the chair shall work in consultation with the Secretary of the Department of Corrections. (2) (A) As used in this subsection, "consultation" means coordination with and receiving input, review, and recommendations from the Secretary of the Department of Corrections. (B) "Consultation" does not include approval or consent of the Secretary of the Department of Corrections, except that the Secretary of the Department of Corrections shall review and approve any legislative proposals initiated by or on behalf of the board.

Legislative History

Amended by Act 2023, No. 659,§ 162, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 161, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 160, eff. 1/1/2024. Amended by Act 2023, No. 794,§ 24, eff. 4/12/2023. Amended by Act 2021, No. 148,§ 1, eff. 7/28/2021. Amended by Act 2015, No. 1288,§ 1, eff. 4/1/2015. Amended by Act 2015, No. 895,§ 22, eff. 4/1/2015. Acts 1989, No. 937, §§ 2, 3, 5; 1993, No. 530, § 1; 1993, No. 547, § 1; 1995, No. 285, § 1; 1995, No. 381, § 1; 1997, No. 250, § 120; 1999, No. 979, § 1; 2005, No. 1033, § 1; 2007, No. 697, § 3; 2011, No. 570, § 86. See Act 2015, No. 1288, § 2.