§ 16-93-621 — Parole or post-release supervision eligibility - A person who was a minor at the time of committing an offense that was committed before, on, or after March 20, 2017

Arkansas § 16-93-621

• Jurisdiction: Arkansas
• Title: 16

Text

(a) (1) (A) A minor who was convicted and sentenced to the former Department of Correction or the Division of Correction for an offense committed before he or she was eighteen (18) years of age and in which the death of another person did not occur is eligible for release on parole or transfer to post-release supervision no later than after twenty (20) years of incarceration, including any applicable sentencing enhancements, and including an instance in which multiple sentences are to be served consecutively or concurrently, unless by law the minor is eligible for earlier parole or post-release supervision eligibility. (B) Subdivision (a)(1)(A) of this section applies retroactively to a minor whose offense was committed before he or she was eighteen (18) years of age, including a minor serving a sentence of life, regardless of the original sentences that were imposed. (2) (A) A minor who was convicted and sentenced to the department or the division for an offense committed before he or she was eighteen (18) years of age, in which the death of another person occurred, and that was committed before, on, or after March 20, 2017, is eligible for release on parole or transfer to post-release supervision no later than after twenty-five (25) years of incarceration if he or she was convicted of murder in the first degree, § 5-10-102 , or no later than after thirty (30) years of incarceration if he or she was convicted of capital murder, § 5-10-101 , including any applicable sentencing enhancements, unless by law the minor is eligible for earlier parole or post-release supervision eligibility. (B) Subdivision (a)(2)(A) of this section applies retroactively to a minor whose offense was committed before he or she was eighteen (18) years of age, including minors serving sentences of life, regardless of the original sentences that were imposed. (3) Credit for meritorious good time or earned release credits shall not be applied to calculations of time served under this subsection for minors convicted and sentenced for capital murder, § 5-10-101(c) , or when a life sentence is imposed for murder in the first degree, § 5-10-102 . (4) The calculation of the time periods under this subsection shall include any applicable sentence enhancements to which the minor was sentenced that accompany the sentence for the underlying offense. (b) (1) The Post-Prison Transfer Board shall ensure that a hearing to consider the parole or post-release supervision eligibility of a person who was a minor at the time of the offense that was committed before, on, or after March 20, 2017, takes into account how a minor offender is different from an adult offender and provides a person who was a minor at the time of the offense that was committed before, on, or after March 20, 2017, with a meaningful opportunity to be released on parole or post-release supervision based on demonstrated maturity and rehabilitation. (2) During a parole eligibility or transfer hearing involving a person who was a minor at the time of the offense that was committed before, on, or after March 20, 2017, the board shall take into consideration in addition to other factors required by law to be considered by the board: (A) The diminished culpability of minors as compared to that of adults; (B) The hallmark features of youth; (C) Subsequent growth and increased maturity of the person during incarceration; (D) Age of the person at the time of the offense; (E) Immaturity of the person at the time of the offense; (F) The extent of the person's role in the offense and whether and to what extent an adult was involved in the offense; (G) The person's family and community circumstances at the time of the offense, including any history of abuse, trauma, and involvement in the child welfare system; (H) The person's participation in available rehabilitative and educational programs while in prison, if those programs have been made available, or use of self-study for self-improvement; (I) The results of comprehensive mental health evaluations conducted by an adolescent mental health professional licensed in the state at the time of sentencing and at the time the person becomes eligible for parole or transfer to post-release supervision under this section; and (J) Other factors the board deems relevant. (3) A person eligible for parole or transfer to post-release supervision under this section may have an attorney present to represent him or her at the parole eligibility or transfer hearing. (c) (1) (A) The board shall notify a victim of the crime before the board reviews parole or transfer eligibility under this section for an inmate convicted of the crime and provide information regarding victim input meetings, as well as state and national victim resource information. (B) If the victim is incapacitated or deceased, the notice under subdivision (c)(1)(A) of this section shall be given to the victim's family. (C) If the victim is less than eighteen (18) years of age, the notice under subdivision (c)(1)(A) of this section shall be given to the victim's parent or guardian. (2) Victim notification under this subsection shall include: (A) The location, date, and time of parole or transfer review; and (B) The name and phone number of the individual to contact for additional information.

Legislative History

Amended by Act 2023, No. 659,§ 196, eff. 1/1/2024. Amended by Act 2021, No. 1034,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 917, eff. 7/1/2019. Added by Act 2017, No. 539,§ 13, eff. 3/20/2017.