§ 16-93-614 — Parole eligibility - Offenses committed after January 1, 1994 - Definition

(a) As used in this section and §§ 16-93-615 - 16-93-617 , "felonies" means those crimes classified as Class Y felonies, Class A felonies, Class B felonies, Class C felonies, Class D felonies, or unclassified felonies by the laws of this state. (b) (1) A person who committed a felony before January 1, 1994, and who was convicted and incarcerated for that felony shall be eligible for release on parole under this section and §§ 16-93-615 - 16-93-617 in accordance with the parole eligibility law in effect at the time the crime was committed. (2) A person who committed a target offense under § 16-93-1201 et seq. before January 1, 1994, and who has not been sentenced to a term of incarceration may waive the right to be released under the parole eligibility law in effect at the time the crime was committed and shall become eligible for judicial or administrative transfer pursuant to the transfer provisions provided in subdivision (c)(2) of this section. (3) A person who has committed a felony who is within a target group as currently defined under § 16-93-1202(10) and who is released on parole shall be eligible, pursuant to rules established by the Post-Prison Transfer Board, for commitment to a community correction facility if he or she is found to be in violation of any of his or her parole conditions, unless the parole violation constitutes a nontarget felony offense. (c) A person who commits a felony on or after January 1, 1994, and who shall be convicted and incarcerated for that felony shall be eligible for transfer to community correction as follows: (1) (A) An inmate under sentence of death or life imprisonment without parole shall not be eligible for transfer, but may be pardoned or have his or her sentence commuted by the Governor as provided by law. (B) An inmate sentenced to life imprisonment shall not be eligible for transfer unless his or her sentence is commuted to a term of years by executive clemency. (C) Upon commutation, an inmate shall be eligible for transfer as provided in this section; (2) (A) (i) (a) An offender convicted of a target offense under § 16-93-1201 et seq. may be committed to the Division of Correction and judicially or administratively transferred to the Division of Community Correction by provision in the commitment that the trial court order or authorize such a transfer. (b) No other offender is eligible for transfer to a Division of Community Correction facility. (ii) A copy of the commitment shall be forwarded immediately to the Division of Correction and to the Division of Community Correction. (iii) In the event that an offender is sentenced to the Division of Correction without judicial or administrative transfer on one (1) sentence and concurrently sentenced to the Division of Correction with judicial or administrative transfer on another sentence, the offender shall remain in the Division of Correction, and the sentence with judicial or administrative transfer may be discharged in the same manner as that of an offender transferred back to the Division of Correction. (B) The Division of Community Correction shall take over supervision of the offender in accordance with the order of the court. (C) The Division of Community Correction shall provide for the appropriate disposition of the offender as expeditiously as practicable under rules developed by the Board of Corrections. (D) The offender shall not be transported to the Division of Correction on the initial placement in a Division of Community Correction facility pursuant to a judicial or administrative transfer. (E) An offender who is transferred back to the Division of Correction for disciplinary reasons may be considered for transfer to Division of Community Correction supervision after earning good-time credit equal to one-half (½) of the remainder of his or her sentence. (F) An offender who is sentenced after July 31, 2007, and who is transferred back to the Division of Correction for administrative reasons is eligible for transfer to Division of Community Correction supervision in the same manner as an offender who is sentenced to the Division of Correction without a judicial or administrative transfer to the Division of Community Correction; and (3) (A) Every other classified or unclassified felon who is incarcerated therefor shall be eligible for transfer to community correction after having served one-third (1/3) or one-half (½), with credit for meritorious good time, of his or her sentence depending on the seriousness determination made by the Arkansas Sentencing Commission, or one-half (½), with credit for meritorious good time, of the time to which his or her sentence is commuted by executive clemency. (B) For example, a six-year sentence with optimal meritorious good-time credits will make the offender eligible for transfer in one (1) year if he or she is required to serve one-third (1/3) of his or her sentence, or one and one-half (1½) years if he or she is required to serve one-half (½) of his or her sentence. (d) Except as provided for under § 16-93-621 , for an offense committed before, on, or after March 20, 2017, a person who was a minor at the time of committing an offense listed under subsection (c) of this section is eligible for release on parole under this section.

Legislative History

Amended by Act 2023, No. 659,§ 187, eff. 1/1/2024. Amended by Act 2021, No. 55,§ 8, eff. 7/28/2021. Amended by Act 2021, No. 55,§ 7, eff. 7/28/2021. Amended by Act 2021, No. 55,§ 6, eff. 7/28/2021. Amended by Act 2021, No. 55,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1310, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1309, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 914, eff. 7/1/2019. Amended by Act 2017, No. 1029,§ 2, eff. 4/6/2017. Amended by Act 2017, No. 539,§ 11, eff. 3/20/2017. Acts 2011, No. 570, § 99.