§ 16-93-715 — Revocation - Technical conditions violations and serious conditions violations

Arkansas § 16-93-715

• Jurisdiction: Arkansas
• Title: 16

Text

(a) (1) If a parolee is subject to a parole revocation hearing under this subchapter for a technical conditions violation or a serious conditions violation, the parolee is subject to confinement for the following periods, subject to subdivision (a)(2)(A) of this section, before being released and returned to parole supervision: (A) Up to sixty (60) days' confinement for a technical conditions violation; and (B) One hundred twenty (120) days' confinement for a serious conditions violation. (2) (A) A period of confinement under subdivision (a)(1) of this section may be reduced by the Division of Correction or the Division of Community Correction for good behavior and successful program completion. (B) A period of confinement shall not be reduced under subdivision (a)(2)(A) of this section for more than fifty percent (50%) of the total time of confinement ordered to be served. (3) Any time in custody for which the person is held before a period of confinement is ordered to be served under subdivision (a)(1) of this section shall not be credited to the overall period of confinement ordered under subdivision (a)(1) of this section. (b) (1) Except as provided for in subdivision (b)(2) of this section, if a parolee is subject to a revocation hearing under this subchapter or an administrative parole sanction for a technical conditions violation or a serious conditions violation, the parolee is subject to confinement according to the time periods set out in § 16-93-712(d) and subdivision (a)(1) of this section without having his or her parole revoked. (2) (A) A parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction for the next violation of his or her parole if the parolee has been confined six (6) times under § 16-93-712(d) . (B) After a parolee has been confined two (2) times under subdivision (a)(1) of this section for any combination of a technical conditions violation or serious conditions violation for any period of time, the parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction for the next violation of his or her parole. (C) A parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction under this section without having been sanctioned for a period of confinement set out under § 16-93-712(d) or subdivision (a)(1) of this section if the Post-Prison Transfer Board determines by a preponderance of the evidence that the parolee is engaging in or has engaged in behavior that poses a threat to the community. (c) The location of the appropriate confining facility in which a parolee serves a period of confinement under this section shall be determined by the Board of Corrections. (d) A period of confinement that a parolee serves as a result of being arrested for a parole violation but before being administratively sanctioned shall not count as a period of confinement for the purposes of the aggregate number of periods of confinement under this section. (e) Noncompliance with Division of Correction or Division of Community Correction program requirements or violent or sexual behavior while confined for a technical conditions violation or serious conditions violation under this section may result in revocation of the parolee's parole for a period of time exceeding the limitations of subdivision (a)(1) of this section, up to and including the time remaining on the person's original sentence.

Legislative History

Amended by Act 2023, No. 659,§ 221, eff. 1/1/2024. Amended by Act 2021, No. 327,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 935, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 934, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 933, eff. 7/1/2019. Added by Act 2017, No. 423,§ 23, eff. 10/1/2017.