RULE 146.00.90-001 - Arkansas Board of Parole and Community Rehabilitation Policies and Procedures

RULE 146.00.90-001. Arkansas Board of Parole and Community Rehabilitation Policies and Procedures

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.

(12/13/1990)

The following state regulations pages link to this page.