The State Board of Parole and Community Rehabilitation finds that
imminent peril would occur to the safety of the public if the attached Manual
is not adopted on an emergency basis. The Manual provides a method of
interviewing all persons who are eligible for parole regardless of where those
persons are confined. By interviewing all persons who are legally eligible to
be released and releasing those persons who do not pose a threat to themselves
or others, the Department of Correction will be able to increase the number of
offenders being brought to the Department from the county jails.
Although the Board has declared an emergency and immediately
instituted the changes, the Board is in the process of complying with all other
provisions of the Administrative Procedures Act.
Arkansas Board of Parole and Community
Rehabilitation
Policies and Procedures
I.
Composition of the
Board
The Arkansas Board of Parole and Community Rehabilitation
("Board") is composed of seven members appointed by the Governor and confirmed
by the Senate. Each member is appointed for a term of seven years. The Board
generally meets throughout each month and considers persons who are eligible
for parole, alternative service release and persons who have applied for
pardons and executive clemency.
The Governor shall appoint the Chairperson of the Board. The
Board shall elect, at its regular July meeting each year, a Vice-Chairperson
and a Secretary to serve as officers for the upcoming year. Officers shall be
elected by a majority of members present and voting. If an office becomes
vacant in the interim, the Board shall elect, at its next regular meeting, a
member to serve in that office until the next election. A special election of
officers may be called at any time at the request of a majority of the members.
The duties of the officers shall be as follows:
Chairperson - The Chairperson shall preside over the meetings of
the Board and shall perform other duties as required during the periods between
Board meetings. The Chairperson shall serve by law as an ex-officio member of
the Board of Correction.
Vice-Chairperson - In the temporary absence of the Chairperson,
the Vice-Chairperson shall perform the duties of the Chairperson.
Secretary - The Secretary shall review and sign the "vote sheets"
setting out the decisions of the Board on parole matters. In the Secretary's
absence, the Chairperson or the acting-Chairperson shall designate a member to
perform the duties of the Secretary.
II.
Quorum
Four (4) members eligible to vote shall constitute a quorum of
the Board. A member who abstains for cause is not eligible to vote and shall
not be counted in determining whether there is a quorum.
If a quorum is present, the Board may legally act upon the
matters before it. It is sufficient that a motion or proposition receives a
majority of the votes actually cast.
The Board may designate that the interviewing of persons for
possible release be conducted by panels. These two-person panels shall be
responsible for assuring that minutes of the interviews are made available to
members of the Board prior to any releasing decisions. Such designated panels
shall not have the authority to make releasing decisions.
III.
Abstention
No member of the Board should participate in the determination of
any matter before the Board if he/she is closely related to the person, the
person's attorney, or the victim; or if he/she has had a personal or business
relationship with the person, the person's family, the person's attorney, the
victim, or the victim's family which he/she knows would affect or reasonably
give the appearance of affecting his/her judgment in the matter; or if he/she
has served as counsel for either party in legal proceedings concerning the
person; or if he/she has any other interest in the proceeding that he/she knows
would affect or reasonably give the appearance of affecting his/her judgment in
the matter.
The responsibility for determining the appropriateness of a
member's abstention under the guidelines established by this policy shall be
solely upon that member. Neither the Board nor any member of the Board shall
have the duty to request or the authority to compel any member to
abstain.
In establishing these guidelines for abstention for members of
this Board, it is not the intent of the Board to create a right or basis to
challenge the actions of this Board, or any member of the Board, which is not
otherwise provided by the laws or Constitution of this State or the United
States.
IV.
General Provisions
The Board considers for release only those persons who are
eligible for release pursuant to Arkansas law. Parole eligibility dates are
computed by the records offices of the various units of the Arkansas Department
of Correction ("Department").
The Board has the power to determine which eligible persons will
be released and to fix the time and conditions of release. Release is ordered
only for the best interest of society, not as an award of clemency. A person
will be released only when the Board believes that the person is able and
willing to fulfill the obligations of a law-abiding citizen.
The following is a list of the various forms of release by the
Board currently available for a person entering the Department in addition to
release afforded by executive clemency, discharge, court action or
death:
A.
REGULAR PAROLE
A person sentenced to the Department for a Class Y, Class A or
Class B felony is generally eligible for parole after
serving the following:
1st Term - 1/3 of sentence with credit for good time
2nd Term or 1st termer convicted of a Class Y felony - 1/2 of
sentence with credit for good time
3rd Term - 3/4 of sentence with credit for good time
4th Term or more - not eligible for parole, but credit for good
time is given
*(Note: The Department counts by incarcerations in adult
facilities for felony convictions.)
A person sentenced to the Department for a Class C or Class D
felony is generally eligible for parole after serving
the following:
1/3 of sentence with credit for good time
Be aware that there are other specific statutes which may alter
these general rules.
B.
ACT 94
A first termer under 21 years of age at the time of
conviction (who is not convicted of a Class Y felony)
is eligible for parole at any time under this Act, unless the court
specifically imposes a 1/3 minimum.
C.
ACT 230
A person who is serving a sentence for a non-violent offense
(i.e., an offense which does not involve personal harm
or the threat of personal harm to another) and an offense that is not a
violation of the Uniform Controlled Substances Act (which constitutes a Class
Y, Class A or Class B felony) and does not involve the use of a firearm or a
deadly weapon, and who has no previous convictions for other than non-violent
offenses and who is not otherwise eligible for parole, can be considered for
early parole to participate in a work program if the person has the approval of
the Prosecuting Attorney in the county wherein the crime was committed (for
second and subsequent offenses only).
The family or other suitable persons must agree to sponsor the
person, and the person must have gainful employment awaiting his/her release.
The area parole officer must also agree to supervise the person.
In making a final decision, the Board may seek the advice of the
Warden of a Department unit, the Prosecuting Attorney, and the Sheriff of the
county wherein the person wishes to reside and the Prosecuting Attorney and the
Sheriff of the county wherein the crime was committed. These officials may also
seek the advice and recommendations of any law enforcement officials. Any other
person deemed appropriate, such as the Sentencing Judge, may also be
notified.
D.
ACT 378
(ALTERNATIVE SERVICE PROGRAM)
A person who is a first or second termer under 26 years of age or
a first termer of any age may be sentenced under this Act by the Court. This
Act can make the person eligible for early release to an "alternative service
program" or immediately eligible for parole, A person must be
sentenced under the Act in order to be eligible for
release.
Certain persons are excluded by law from participating, such as
those persons serving sentences for Aggravated Robbery. The Act itself sets
forth those persons who are ineligible for release under the Act. This Act is
often referred to as the "Youthful Offender Act" or the "Expungement
Act."
V.
Consideration of Persons Eligible for Release
Before the Board orders the release of any person in custody in
this State, the Board or a panel designated by the Board, shall interview that
person.
The Board or a designated panel will hear comments by the person
being considered for parole or early release and by one spokesperson for
his/her supporters. Anyone wishing to appear with a person at his/her interview
should submit the requests to the Department's Parole Services staff two weeks
prior to the beginning of the Board meeting.
Prior to a person's consideration by the Board, the Board will
solicit comments from the victim(s) of the crime (or the victim(s)*
next-of-kin), if the crime was a Class Y, A, or B offense, Manslaughter,
Battery or any sexual offense, or any crime involving death, personal injury or
the threat of personal injury. The Board will also solicit comments from the
Judge, Prosecuting Attorney, and Sheriff of the county wherein the crime was
committed. Pre-release reports by the Department's district parole officers and
the institutional parole officers will also be prepared and presented to the
Board, along with other available information on the person being considered
for parole, the crime, and the release plan. The Board or a designated panel,
at a separate meeting, will interview any victim(s) (or the victim(s)'
next-of-kin) desiring to be heard in person.
VI.
Access to Persons and
Records
All Department officials have a legal duty to grant to the
members of the Board, or its properly accredited representatives, access at all
reasonable times to any person over whom the Board has jurisdiction, to provide
facilities for communicating with and observing such persons, and to furnish
the Board such reports as the Board shall require concerning the conduct and
character of any person in the custody of the Department and any facts deemed
by the Board pertinent in determining whether an person shall be
released.
VII.
Factors Considered in Release Decisions
1. The Board may release an person when, in
its opinion, there is a reasonable probability that the person can be released
without detriment to the community or himself/herself. A person has no right to
an early release from a valid sentence. It is within the sound discretion of
the Board to grant or deny release. The denial of release may be based upon,
among other things, the following factors:
a.
whether there is substantial risk that the person will not conform to the
conditions of release; or
b.
whether continued correctional treatment, medical care, or vocational or other
training in an institution will substantially enhance his/her capacity to lead
a law-abiding life when released at a later date; or
c. the length of time served by a person;
or
d. the nature and seriousness of
the offense; or
e. the person's
criminal history (felony and/or misdemeanor); or
f. the person's poor adjustment while
incarcerated; or
g. the person's
disciplinary reports; or
h. a
detainer has been filed against the person; or
i. other considerations require that release
should be deferred.
2.
In making its determination regarding an person's release, it is within the
discretion of the Board to take into account, among other things, the following
factors:
a. institutional adjustment in
general, including the nature of any disciplinaries;
b. the record of previous criminal offenses
(misdemeanors and felonies), the frequency of such offenses and the nature
thereof;
c. conduct in any previous
release program, whether probation, parole, work release, boot camp, or
alternative service;
d.
recommendations made by the Judge, Prosecuting Attorney and Sheriff of the
county from which a person was sentenced, or other interested
persons;
e. the nature of the
release plan, including the type of community surroundings in which the person
plans to live and work;
f. the
person's employment record;
g. the
person's susceptibility to drugs or alcohol;
h. the person's basic good health, physical
and mental;
i. the person's family
relationships;
j. the person's
participation in institutional activities, e.g.,
educational programs, rehabilitation programs, work programs, and leisure time
activities.
VIII.
Early Release
Consideration
Certain persons, by law, are eligible to be considered for
release at any time after their confinement. With respect to those persons, the
following procedures have been established:
Re: Parole consideration for persons sentenced under
Arkansas
Code Annotated Section 16-93-507(b)(4)(B) and persons under the
age of twenty-one (21) who are eligible for parole at any time (Arkansas Code
Annotated Section
16-93-607(d)
) .
The Legislature has determined that persons sentenced pursuant to
Arkansas Code Annotated Section 16-93-507(b)(4)(B) (Alternative Service Act)
and persons under the age of twenty-one (21) who are first convicted of a
felony (other than a Class Y felony) and committed to the Department for a term
of years without a minimum time to be served being imposed by the Court are
immediately eligible for parole. In as much as both groups are deemed to be
similarly situated under the law with respect to parole eligibility, it is the
policy of this Board to establish uniform procedures which will ensure that all
persons in these groups will be brought to the Board's attention in a timely
manner.
1. Persons sentenced under
Arkansas Code Annotated Section 16-93-507(b)(4) (B) are eligible for parole
immediately.
2. Persons under the
age of twenty-one (21) at the time of their sentence (for an offense(s) other
than a Class Y felony) as first offenders are eligible for parole immediately
unless the Judgment and Commitment Order specifies that one-third (1/3) of the
sentence must be served.
3. The
files of eligible persons will be first reviewed by the Board or its
designee.
4. Written information
compiled by the Parole Services staff of the Department and any other written
information provided by the eligible person or any interested person will be
reviewed by the Board.
5. Any Board
member, after reviewing the file of an eligible person;
may request that the person be scheduled to appear before the Board or
designated panel at a future meeting.
6. If no Board member requests an appearance
by the person before the Board or a designated panel, the Board or its designee
will indicate to the person when he/she will next be considered for
parole.
7. Prior to the appearance
of any person before the Board or a designated panel for early parole
consideration, notices will be sent to the Judge, Sheriff, Prosecuting Attorney
and victim(s) (or the victim(s)' next-of-kin), if such victims are otherwise
required by law or Board policy to be notified of parole
consideration.
8. If, following the
person's appearance before the Board or a designated panel, parole is denied to
that person, the Board will indicate to the person when he/she will next be
considered for parole.
9. If,
following the person's appearance before the Board or a designated panel,
parole is granted to that person, the person will be placed under the
supervision of a parole officer when released.
10. Persons granted parole under the
Alternative Service Act or as youthful offenders must comply with the
conditions set forth by the Board, and failure to comply with such conditions
may result in revocation of parole.
Re: Parole consideration for non-violent offenders under Act 230
of 1983, as amended (Arkansas Code Annotated Section 16-93-801, et
seq.).
1. Persons sentenced for
non-violent offenses, with limitations set by Act 230, and who have never
previously been convicted of any offenses other than non-violent offenses may
apply for early parole under this Act.
2. Persons sentenced for certain offenses
including, but not limited to, the following are
not
eligible for release under Act 230:
Capital Murder; Murder 1st degree; Murder 2nd degree;
Manslaughter; Negligent Homicide (DWI); Battery 1st degree; Battery 2nd degree;
Abortion Induced by Non-physician; Aggravated Assault; Terroristic Threatening;
Terroristic Act; Kidnapping; False Imprisonment 1st degree; Vehicular Piracy;
Permanent Detention or Restraint; Rape; Carnal Abuse 1st degree; Carnal Abuse
2nd degree; Incest; Violation of a Minor 1st degree; Violation of a Minor 2nd
degree; Causing a Catastrophe; Aggravated Robbery; Robbery; Endangering Welfare
of a Minor 1st degree; Endangering Welfare of an Incompetent Person 1st degree;
Permitting Abuse of a Child; Intimidating a Witness; Intimidating a Juror;
Interference with a Law Enforcement Officer; Hindering Apprehension or
Prosecution (if there is threat of personal harm or if a firearm is involved);
Escape 1st degree; Escape 2nd degree (if there is personal harm or the threat
of personal harm); Furnishing an Implement for Unauthorized Departure (if
firearm or other deadly weapon is involved); Killing Animals Used by Law
Enforcement; Aggravated Riot; Inciting a Riot (if personal harm results);
Arming Rioters; Communicating a False Alarm (if personal harm results);
Threatening a Fire or Bombing (if personal harm results); Communicating a False
Alarm by Means of a Citizen's Band Radio (if personal harm results); Felon in
Possession of a Firearm; Criminal Use of Prohibited Weapons; Defacing a
Firearm; Criminal Possession of Explosives; Unlawful Possession of Handgun;
Possession or Use of a Machine Gun in the Perpetration or Attempted
Perpetration of a Crime of Violence; Possession or Use of a Machine Gun for
Offensive or Aggressive Purpose; Attempt, Solicitation, or Conspiracy to commit
any felony where there is personal harm, threat of personal harm or the use of
a firearm or other deadly weapon; all violations of the Controlled Substances
Act that constitute Class Y, Class A or Class B felonies; any other felony
offenses under the current or past criminal offense statutes of the State of
Arkansas that involve personal harm or the threat of personal harm to another
or which involve a firearm or other deadly weapon.
Persons sentenced for the following offenses are entitled to
apply for release under Act 230, if the offenses as committed did not involve
personal harm or the threat of personal harm to another and did not involve the
use of a firearm or other deadly weapon:
Breaking or Entering; Theft of Property; Theft of Services; Theft
by Receiving; Arson; Reckless Burning; Criminal Mischief; Impairing the
Operation of a Vital Public Facility; Setting Fire on the Lands of Another or
on Own Lands with Intent to Let Escape; Destruction of Fire Detection
Equipment; Burglary; Theft of Property Lost, Mislaid, or Delivered By Mistake;
Theft of Leased Personal Property; Forgery; Defrauding Secured Creditors; Fraud
in Insolvency; Fraudulent Use of a Credit Card; Computer Fraud; Computer
Trespass; Criminal Simulation; Soliciting Money or Property from Incompetent
Person; Criminal Possession of a Forgery Device; Obtaining Signature by
Deception; Defrauding Judgment Creditors; Nonsupport; Interference with
Custody; Perjury; Witness Bribery; Tampering with Physical Evidence; Juror
Bribery; Jury Tampering; Approaching Jury Commissioners; Public Servant
Bribery; Aiding Consummation of an Offense; Compounding; Permitting Escape 1st
degree; Furnishing Prohibited Articles; Failure to Appear; Agency Service
Wagering on Horse Racing; Keeping a Gambling House; Promotion of a Lottery;
Bribery of Sports Participants; Slander; Promoting Obscene Performance;
Promoting Obscene Materials; Obscene Performance at a Live Public Show; Public
Display of Hardcore Sexual Conduct; Sale or Circulation of Obscene Literature;
Possession, Sale or Distribution of Obscene Material; Usurping Office; Traffic
in Illegal Food Coupons; Illegal Presentation of Food Coupons for Payment;
Medicaid Fraud; any other offense the commission of which did not actually
involve personal harm or the threat of personal harm, a violation of the
Controlled Substances Act constituting a Class Y, Class A or Class B Felony, or
the use of a firearm or other deadly weapon.
3. No application will be considered if any
requested information is omitted or if incorrect information is given on the
application.
4. The application
will be forwarded to the Parole Services staff. A copy of the application will
be retained in the person's file.
5. If the applicant is serving a second or
subsequent commitment to the Department, the Prosecuting Attorney of the county
wherein the crime was committed must give written approval of the applicant's
release. The Parole Services staff will notify the appropriate Prosecuting
Attorney and request that he/she approve or disapprove the applicant's request
for early parole under Act 230. If an unfavorable recommendation concerning the
applicant is received from the Prosecuting Attorney, or if written approval for
early parole is not received by the Parole Services staff from the Prosecuting
Attorney within sixty (60) days from the date of notification
(i.e., the date on which written notice was mailed by
the Parole Services staff by first class mail), no further action will be
taken, and the original application will be returned to the applicant with a
copy to be placed in the applicant's file. The applicant may submit a new Act
230 application at any time if the application contains significant new and
relevant information. An application returned to an applicant because of the
lack of approval by the appropriate Prosecuting Attorney may be resubmitted
upon the Parole Services staff receipt of written approval from that
official.
6. Upon the receipt by
the Parole Services staff of a qualified application, the applicant shall be
scheduled to appear before the Board or a designated panel for further
consideration. Prior to the applicant's appearance before the Board or a
designated panel, notice of parole consideration will be sent to the Sheriff
and the Prosecuting Attorney of the county wherein the person will reside, the
Sheriff and Prosecuting Attorney (if not previously notified) of the county
wherein the crime was committed, the Chief of Police in a city of over 10,000
population wherein the person will reside, the sentencing Judge and the
victim(s) (or the victim(s)* next-of-kin), if such victim is otherwise required
by law or Board policy to be notified of parole consideration.
7. Prior to release, written proof from the
prospective employer of an offer of full-time employment must be verified and
received by Parole Services and be satisfactory to the Board.
8. If early parole is granted, the applicant
shall be placed under the supervision of a parole officer and will earn good
time credit as he/she was receiving at the time of release, or as otherwise
determined by Board policy.
9. A
person released on early parole must comply with all conditions set out by the
Board, and failure to comply may result in revocation of parole under
procedures established by the Board.
10. A person not granted early parole will be
advised by the Board as to when he/she may next apply for early parole under
Act 230.
Re: Release consideration in the Alternative Service Program, Act
378 of 1975, as amended (Arkansas Code Annotated Section 16-93-501,
et seg. ) .
1. In order for a person to participate in
the Alternative Service Program, the person must meet certain criteria for
eligibility pursuant to Act 378 of 1975, as amended (Arkansas Code Annotated
Section 16-93-501et seg.) .
2. The Judgment and Commitment Order will
indicate that a person has been committed to the Department for a designated
time pursuant to Act 378 of 1975, as amended (Arkansas Code Annotated Section
16-93-501et seg.), and must specify which alternative
sentence is being imposed under Arkansas Code Annotated Section 16-93-501. The
Judgment and Commitment Order must also specify that the. person has knowingly
and intelligently consented to sentencing under the provisions of this
Act.
3. If a felony detainer has
been placed on a person sentenced pursuant to the Act, the person will not be
considered for release under the Act until the detainer has been
removed.
4. Those persons diagnosed
by history, self-admission and/or psychological testing as using illegal drugs
regularly, consuming an average of more than two ounces of ethanol frequently,
or whose criminal activity involved alcohol or drugs, will be required to take
positive action to control this behavior by participating in the Substance
Abuse Treatment Program, unless otherwise determined by the Board.
PROCEDURES FOR PLACEMENT INTO AN ALTERNATIVE SERVICE
PROGRAM:
1. A background investigation
will be done on eligible offenders by the Parole Services Division before the
offenders are reviewed by the Board or a designated panel.
2. Eligible offenders will be considered by
the Board or a designated panel for possible transfer to an Alternative Service
Program.
EXPUNGING THE RECORDS OF "ACT 378 PARTICIPANTS":
A person sentenced to the Department under Act 378 of 1975, as
amended (Arkansas Code Annotated Section 16-93-501et.
seq.) , shall receive an expungement of his/her record by the following
process:
1. After the person discharges
the entire sentence imposed by the Court, a report of the person's progress and
conduct will be submitted by the Department to the Board for review. After
reviewing the information, the Board shall approve an expungement, if required
by law.
2. Upon approval, the
Chairperson of the Board or his/her designee shall sign a Certificate of
Expungement which shall be forwarded by the Parole Services staff to the
person.
3. The Parole Services
staff will notify all pertinent law enforcement agencies and the Circuit
Clerk's office(s) that the person's record has been expunged. The record will
then be sealed and sequestered, to be made available only to law enforcement or
judicial officials.
IX.
Parole Consideration of Persons Released under Act 814 of
1983
1. An Act 814 releasee will
be scheduled to appear before the Board or a designated panel at a regularly
scheduled meeting when the person is eligible for parole.
2. It will be the responsibility of the
parole officer supervising the Act 814 releasee to notify the person of the
time, place, and date of the person's scheduled appearance before the Board or
a designated panel. The parole officer will send one signed copy of the notice
form to the Parole Services staff, keep one signed copy in the person's file in
the district parole office, and give one signed copy to the person.
3. If the person's application for parole is
denied, he/she will be reviewed by the Board or a designated panel for parole
consideration after a period of one (1) year, unless otherwise designated by
the Board.
4. The person may waive
his/her appearance before the Board or a designated panel.
X.
Parole Consideration of
Out-of-state Persons
The Board will consider for parole those eligible persons serving
Arkansas sentences outside the State of Arkansas in the following
manner:
1. When an Arkansas person
confined in the prison system of another state or the United States becomes
eligible for parole, as indicated by a certified copy of a Judgment and
Commitment Order from a court of this state, the appropriate records office of
the Department shall notify the Board.
2. Before taking action on a parole
application by an out-of-state person, the Board will request, in writing, that
the corresponding board or commission in the jurisdiction where the person is
incarcerated make a recommendation and provide information relevant to the
question of whether the person should be paroled.
3. The Board will use as the basis of its
parole decision the recommendation of, and the information provided by, the
corresponding board or commission in lieu of the person's personal appearance
before the Board. The Board will also consider information about the person and
his crime provided by parole staff, law enforcement agencies, the victim(s) (or
the victim(s)' next-of-kin), public officials, the person and other interested
persons.
4. All other provisions of
Arkansas law pertaining to the consideration and the granting or denying of
parole to persons held by the Department shall apply.
XI.
Release
Decisions
A person considered by the Board for release will be advised in
writing of the Board's decision. The notification will include the Board's
action and the most significant reason(s) for that action.
While the Board may take any action permitted by law, the most
common Board actions, with brief explanations, are the following:
Release Subject to Suitable Plan (PS) -
The person will be released when (1) the person's parole eligibility date
arrives (or is past) and (2) a release plan has been accepted by the parole
supervising authority (Parole Services, in Arkansas).
Release Subject to Detainer - The
person, when eligible, will be released to authorities who have lodged a
detainer with the Department. If the detainer is dropped, the person will be
released upon approval of an acceptable parole plan.
Release to Detainer Only - The person,
when eligible, will be released only to the authorities who have lodged a
detainer. If the detainer is exercised, the person will be instructed to report
immediately to Arkansas parole authorities upon his/her release from the
custody of the authorities who exercised the detainer. If the detainer is not
exercised, parole may be rescinded after a hearing is conducted. The person
wil1 again be considered for parole one (1) year from the date of the original
Board action, or at an earlier time upon the request of any Board
member.
Parole to Out-of-State Plan - The
person, when eligible, will be released when a release plan has been accepted
by an out-of-state parole supervising authority. The Board may specify a
particular state. If the release plan is not accepted, the person will be
released if an alternate release plan is approved.
Release to Out-of-State Plan Only - The
person, when eligible, will be released when a release plan has been accepted
by an out-of-state parole supervising authority. The Board may specify a
particular state. If a proposed out-of-state plan is not accepted by the
receiving state, parole may be rescinded after a hearing is conducted. The
parole will again be considered for release one (1) year from the date of the
original Board action, or at an earlier time upon the request of any Board
member.
Release Subject on a Specified Date -
Same as PS, except that release is not authorized prior to a date specified by
the Board.
Release Denied - The person is not
approved for release and will be considered again for release in one (1)
year.
Consideration Deferred for a Period of Months
(Rewrite) - The person is not approved for release and will be
considered again for release in a specified number of months.
Passed - The person is passed to a later
date for a specified reason (for example, passed one (1) month for additional
information).
Rescind - The Board may rescind a
previous release decision prior to release for appropriate reasons after a
hearing before the Board (for example, the release plan changes or new
information becomes available to the Board).
XII.
Reconsideration
A person may request reconsideration of any decision of the
Board. Written requests for reconsideration shall be submitted to the Board.
Only one reconsideration request will generally be considered by the Board for
a particular Board action.
The request for reconsideration, along with copies of all
pertinent documents, must be submitted to the Board. The Chairperson will
schedule the person to appear before the Board if designated members of the
Board conclude that the person should be reconsidered.
XIII.
Notice of
Release
At the time that a person is paroled by the Board, the Board or
its designee shall give written notice of the granting of the release to the
Sheriff, the sentencing Judge, and the Chief(s) of Police of all cities of the
first class of the county from which the person was sentenced.
If a person is released to a county other than that from which
he/she was committed, the Board or its designee shall give notice to the Chief
of Police or Marshal of the city to which he/she is released, the Chief(s) of
Police of all cities of the first class in the county to which he/she is
released, the Sheriff of the county to which he/she is released, and the
Sheriff of the county from which the person was committed.
A record shall be kept of the actions of the Board and the Parole
Services staff shall notify each institution of its decision relating to
persons who are or have been confined therein.
XIV.
Supervision of
Releasees
Every person, while on release, shall remain in the legal custody
of the Department, but shall be subject to the orders of the Board. Failure to
abide by any of the conditions as instructed may result in revocation of
his/her conditional release
Each releasee, while on release, must abide by the following
rules:
1. RELEASE: The releasee shall
report in person and within seventy-two (72) hours of his/her release to
his/her parole officer.
2. REPORTS:
The releasee must report in person, by telephone, and by written report as
instructed by his/her parole officer. All reports must be truthful. If
assistance is needed in preparing written reports, it will be provided by the
releasee's parole officer.
All arrests must be reported immediately to the releasee's parole
officer.
3. EMPLOYMENT: The
releasee must remain steadily and gainfully employed at the employment plan
approved by the Board or the parole officer, or enrolled in an education
program approved by the Parole Board or the releasee's parole officer, unless
otherwise directed. Any change in employment or education status must be
reported immediately to the releasee's parole officer.
4. RESIDENCE AND TRAVEL: The releasee must
not change his/her place of residence without the prior permission of the
parole officer. The releasee must obtain the written permission of his/her
parole officer before leaving the assigned county or the State of Arkansas. The
releasee must obtain permission from his/her parole officer to stay overnight
away from his/her residence.
5.
LAWS & ORDINANCES: The releasee must obey all federal and state laws, local
ordinances, and court orders.
6.
WEAPONS: The releasee must not own, possess, use, sell or have under his/her
control any firearm or other deadly weapon, or any imitation thereof, or be in
the company of any person possessing the same.
7. INTOXICANTS & CONTROLLED SUBSTANCES:
The releasee must avoid the excessive use of alcohol and must abstain
completely if directed. The releasee must not enter places where intoxicating
beverages are the major item offered for sale. The releasee must not have in
his/her possession, use, sell, distribute, or have under his/her control any
controlled substances except as prescribed by a physician.
8. ASSOCIATION: The releasee must not
associate with convicted felons, persons who are engaged in criminal activity,
or other persons with whom his/her parole officer instructs him/her not to
associate.
9. MOTOR VEHICLES: The
releasee must not own, buy, lease or provide money for the purchase of any
motor vehicle without the permission of his/her parole officer. The releasee
must not operate a motor vehicle without his/her parole officer's permission,
and only then if the releasee presents proof of a valid driver's
license.
10. MARITAL STATUS: The
releasee must immediately notify his/her parole officer of any change in
his/her marital status (marriage, separation, divorce, etc.).
11. FINANCIAL: The releasee must obtain
permission from his/her parole officer before the releasee makes any major
credit purchases.
12. SEARCH AND
SEIZURE: The releasee must submit his/her person, place of residence, and motor
vehicles to search and seizure at any time, day or night, with or without a
search warrant, whenever requested to do so by his/her parole officer or any
law enforcement officer.
13. WAIVER
OF EXTRADITION: The releasee's acceptance of conditional release constitutes an
agreement to waive extradition to the State of Arkansas from any jurisdiction
in or outside the United States where the releasee may be found and the
releasee also agrees that he/she will not contest any effort by any
jurisdiction to return him/her to the State of Arkansas to answer a charge of
violation of any of the conditions of release.
14. SUPERVISION FEES: The releasee must pay a
monthly supervision fee as set by the Board, unless an exemption is granted by
the Board.
15. COOPERATION: The
releasee must at all times cooperate with his/her parole officer and the Board.
The releasee must comply with reasonable instructions regarding his/her
supervision on parole. The releasee must submit himself/herself to any
rehabilitative, medical, or counseling program that the Board or the releasee's
parole officer deems appropriate.
16. SPECIAL CONDITIONS: The releasee must
abide by any special conditions set by the Board.
E.g., mental health, alcohol and/or drug abuse
treatment program, unless exempted by the Board.
All releasees are subject to periodic or random testing for the
use of alcohol and/or controlled substances.
As indicated in condition number 12, any releasee's automobile or
residence may be searched by a parole officer, without a warrant based on
probable cause, if the parole officer has reasonable grounds for investigating
whether a releasee has violated the terms of his/her release or committed a
crime. The term "reasonable grounds" does not mean that which would be
necessary for probable cause. Rather, it means a reasonable suspicion that a
releasee has committed a release violation or crime.
At any time during a releasee's release, the Board may issue a
warrant for the arrest of the releasee for violation of any conditions of
release or may issue a notice to appear to answer a charge of a violation. The
warrant or notice shall be served personally upon the releasee. The warrant
shall authorize all officers named therein to place the releasee in custody at
any suitable detention facility pending a hearing.
Any parole officer may arrest a releasee without a warrant or may
deputize any officer with power of arrest to do so by giving the officer a
written statement setting forth that the releasee, in the judgment of the
parole officer, violated conditions of the releasee's release. The written
statement delivered with the releasee by the arresting officer to the official
in charge of the detention facility to which the releasee is brought shall be
sufficient warrant for detaining the releasee pending disposition.
XV.
Participation of Releasees in Law Enforcement Undercover
Operations
It is the policy of the Board that, without the express approval
of the Board or the Board's designee, releasees are not authorized to engage in
undercover law enforcement work. All releasees will be advised, in writing, by
their parole officers that such activities will subject them to revocation
proceedings for any violations of the conditions of release committed during
those activities.
Any law enforcement agency may request to use releasees in
undercover capacities by submitting such request, in writing, to the
Board.
XVI.
Release Revocation
The following procedures govern the release revocation
process:
1. The parole officer submits
a violation report alleging violation of condition(s) of release.
2. The Board Chairperson or his/her designee
issues a warrant.
3. The warrant
and a Notice of Release Violation Action form setting out the charges and
rights of the releasee are served by the parole officer.
4. The parole officer schedules a revocation
hearing through the Board or its designee.
5. A revocation hearing is held in the
community by the person(s) designated by the Board to conduct revocation
hearings, unless the releasee waives his/her right to a hearing.
6. Following the hearing, disposition forms
are issued by the Board's designee and given to the parole officer. If the
release is revoked, the person will be scheduled to appear before the Board for
release consideration no more than six (6) months after revocation or upon the
person's attaining parole eligibility, whichever is later.
7. If a releasee is found to have violated a
condition(s) of his/her release, the Board or its designee may reduce the
releasee in class (to the lowest possible class -
i.e.. Class IV) in addition to, or in lieu of,
revoking his/her release.
8. A copy
of the disposition form is served on the releasee, a copy is maintained in the
parole office, and a copy is returned to the Department with the releasee, if
the release is revoked.
9. A report
of the revocation hearing is prepared and distributed by the Board's designee
to the Board, state file, area parole office and the parolee.
10. In the event that the Board's designee
cannot schedule a timely revocation hearing:
a. A preliminary hearing shall be scheduled
through the Board or its designee.
b. A Special Hearing Examiner shall be
appointed by the Chairperson, or his/her designee.
c. A preliminary hearing shall be held in the
community, unless the releasee waives his/her right to a unless the releasee
waives his/her right to a preliminary hearing.
d. Following the preliminary hearing,
disposition forms are issued by the Special Hearing Examiner and given to the
parole officer.
e. A copy of the
disposition form is served on the releasee, a copy is maintained in the parole
office and a copy is returned to the Department of Correction with the
releasee, if the release is revoked.
f. The Special Hearing Examiner will notify
the Board's designee as to whether a revocation hearing should be
scheduled.
g. If the releasee is
returned, a revocation hearing will be scheduled before the Board or its
designee at the institution, unless the releasee waives his/her right to a
hearing.
h. Following the hearing,
disposition forms will be issued and distributed to the state file, area parole
office and the releasee.
i. A
report of the revocation hearing will be prepared and distributed to the Board,
state file, area parole office and the releasee.
11. A release violator may appeal his/her
revocation by submitting a written appeal to the Board.
12. When a releasee receives a new felony
conviction and is sentenced to prison, the release may be revoked without a
hearing. Written notice of this action will be forwarded to the person with a
copy to the state file. If the person's conviction is set aside on appeal or
otherwise nullified, his/her release will be reinstated, unless the Board or
its designee has previously found by a preponderance of the evidence, after a
hearing, that the releasee inexcusably violated one or more conditions of
release justifying revocation notwithstanding the lack of a conviction for a
criminal offense.
The Board's designee for conducting final release revocation
hearing is the Parole Hearing Examiner, or a member of the Board, who must meet
the following criteria:
1. Juris
doctor degree or equivalent;
2.
License to practice law in the State of Arkansas;
3. Experience and training in the areas of
constitutional, criminal and parole laws.
An appeal of a release revocation is made in the following
manner:
1. Appeal of a decision by the
designee to revoke release must be made in writing by the releasee or his/her
attorney to the Board within thirty (30) days from the date of the revocation
hearing unless waived by the Board.
2. In the written appeal, the releasee or
his/her attorney may request a general review of the decision to revoke and ask
that the decision be reversed. The releasee or his/her attorney may also state
in the appeal specific reasons for the belief that the decision should be
reversed.
3. The appeal shall be
presented to the Board as soon as practicable after it is received. The report
of the designee containing a summary of the evidence presented at the
revocation hearing, the decision of the designee, and the reasons for the
decision shall also be presented to the Board.
4. Upon the consideration of the appeal, the
Board shall vote (1) to affirm the decision of the designee, (2) to reverse the
decision of the designee, or (3) to schedule an appearance by the releasee
before the Board for further consideration. If the releasee is scheduled to
appear before the Board, he/she will be afforded the same rights he/she was
afforded at the revocation hearing.
XVII.
Executive
Clemency
RE: Applications for Executive Clemency (Commutation of Sentence)
By Persons Serving a Term of Years, Life, or Life Without Parole.
1. Any person serving a term of years, life
or life without parole may apply for executive clemency (commutation of
sentence). An application form will be provided to a person, upon request, by
the Institutional Parole Officer, unless an application by that person is
currently pending. The completed form must be returned to the Institutional
Parole Officer, who shall then forward it to the Parole Services
staff.
2. An application for
executive clemency may be filed for one or more of the following reasons:
(1) to correct an injustice which may have
occurred during the person's trial;
(2) terminal illness of the person;
(3) to reduce an excessive
sentence;
(4) the person's
institutional adjustment has been exemplary, and the ends of justice have been
achieved.
3. An
Executive Clemency Screening Committee, consisting of three persons appointed
at large by the Chairperson of the Board or his/her designee, shall meet to
consider all applications. The person, if he/she is incarcerated in an
institution in this state and is Class I or II, will be interviewed by the
Screening Committee.
4. An
application from a person incarcerated in a local dentention facility will be
considered by the Screening Committee, but the applicant will not be
interviewed, unless otherwise determined by the Board.
5. The Screening Committee may consider the
person's institutional file, letters, reports and other documents provided by
the person and/or other interested persons.
6. The decision of the Screening Committee
will be that the application is "with merit" or "without merit," and the
decision will be so recorded on a "vote sheet." If the decision is that the
application is "without merit," the reason will be stated on the "vote sheet."
Regardless of the decision of the Screening Committee, all applications and
supporting documentation will be forwarded to the Board.
7. The Board will review each application
along with the report of the Screening Committee. The Board will vote 1) to
recommend that clemency be denied, or 2) schedule the person for a hearing
before the Board. Any Board member may schedule a person for a
hearing.
8. If an executive
clemency applicant is scheduled for a hearing before the Board, the Parole
Services staff will notify and solicit the recommendations and comments of the
Sheriff, Prosecuting Attorney, and Circuit Judge of the jurisdiction in which
the person was convicted, as well as the victim(s) (or the victim(s)'
next-of-kin). The Board or a designated panel, at a separate meeting, will
interview any victim(s) (or the victim(s) next-of-kin) desiring to be heard in
person. If the person is serving a sentence of life without parole for Capital
Murder, copies of the application will be filed with the Secretary of State,
the Attorney General, the Sheriff of the county in which the offense was
committed, the Prosecuting Attorney of the judicial district in which the
applicant was found guilty and sentenced, and the Circuit Judge presiding over
the proceedings at which the applicant was found guilty and sentenced or
his/her successor. The application will also be published by the Parole
Services staff by placing two insertions, separated by a minimum of seven (7)
days, in a newspaper of general circulation in the county in which the offense
of the applicant was committed.
9.
An applicant for executive clemency who appears before the Board may be
accompanied by supporters, including his/her attorney. (If the person is not
incarcerated in this state, his/her appearance before the Board is not
necessary. The person may be represented by an attorney or other interested
persons.) The Board shall consider the statements of the person and a
spokesperson as well as the information considered by the Screening Committee,
the person's file, the parole officer's report, and any documentary evidence
presented by the person and other interested persons including the victim(s).
On the basis of this information, the Board will vote (1) to recommend that
clemency be granted, or (2) to recommend that clemency be denied. If the Board
recommends that clemency be granted, it may specify the nature and terms of the
commutation being recommended.
10.
All applications for executive clemency considered by the Screening Committee
and the Board, together with their findings and non-binding recommendations,
will be forwarded to the Governor for final action.
RE: Applications for Executive Clemency by Persons Sentenced to
Death.
1. Any person sentenced to
death may apply for executive clemency., An application for clemency must be
filed no later than 21 days prior to any execution date set by the
Governor.
2. When an execution date
is set, Parole Services will cause to be sent to the person and the person's
attorney of record certified letters informing them that no application for
executive clemency filed within the 21 day period immediately preceding the
execution date will be considered. The last date on which an application for
executive clemency will be accepted will be specified in the letters. This date
will be determined by counting back 21 days from the date of execution, with
the day preceding the date of execution being counted as day 1. If the 21st
date is a Saturday, Sunday, or holiday, an application filed on the next
business day will be accepted.
3.
An application for executive clemency will be considered as having been filed
when and only when it is received by Parole Services.
4. When a timely application for executive
clemency has been filed. Parole Services will send copies of the application to
(1) the Secretary of State; (2) the Attorney General; (3) the Sheriff of the
county in which the offense was committed, or his/her designee; (4) the
Prosecuting Attorney of the judicial district in which the applicant was found
guilty and sentenced, or his/her designee; and (5) the Circuit Judge presiding
over the proceedings at which the applicant was found guilty and sentenced, or
his/her successor. Arkansas Code Annotated Section
5-4-607(a)(1).
The Parole Services staff will send to the victim(s)' (or the victim(s)'
next-of-kin), at their last known address(es), notification of the person's
application.
5. The application
shall set forth the grounds upon which executive clemency is requested and
shall be published by the Parole Services staff by two (2) insertions,
separated by a minimum of seven (7) days, in a newspaper of general circulation
in the county or counties in which the offense or offenses of the applicant
were committed. Arkansas Code Annotated Section
5-4-607(a)(2).
6. The application for executive clemency
shall be investigated by the Board and the Board, meeting in regular or special
session, shall interview the person concerning his/her request for clemency at
least seven (7) days prior to the execution date. The Board shall submit to the
Governor its recommendation, a report of the investigation, and all other
information the Board may have regarding the applicant. Arkansas Code Annotated
Section
16-93-204.
XVIII.
Pardons
The purpose of a pardon is to restore rights that may have been
lost as a result of a criminal conviction. A pardon does not restore the right
to own or possess firearms unless restoration of this right is specifically
stated in the order granting the pardon.
An application for a pardon is submitted by the applicant to the
Department's Parole Services Division. Information concerning the crimes will
be collected and the law enforcement officials, the Sentencing Court, and the
Prosecuting Attorney may be contacted to verify the information provided by the
applicant. Comments concerning the application shall be solicited from the
Judge, the Sheriff, and the Prosecuting Attorney of the county wherein the
crime was committed.
The application and information gathered by Parole Services staff
shall be presented to the Board. The Board shall vote to recommend to the
Governor that the pardon be either granted or denied. The application and
supporting documentation, along with the Board's non-binding recommendation,
shall be forwarded to the Governor for final action.
