RULE 158.00.93-001 - Regulations

RULE 158.00.93-001. Regulations

Arkansas Post Prison Transfer Board Policies and Procedures

Effective Date: January 1, 1994 Approved:

I. Composition of the Board

The Arkansas Post Prison Transfer Board (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 is required to consider persons eligible for parole, release, or transfer and to determine which persons shall be placed under supervision and/or to establish the conditions under which such persons shall be released.

The Board is also responsible for reviewing all pardon and executive clemency applications and making non-binding recommendations to the Governor.

The Governor shall appoint the Chairperson of the Board. The Board shall elect, during the month of July, 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 a member of the Board of Correction and Community Punishment.

Vice-Chairperson - In the temporary absence of the Chairperson, the Vice-Chairperson shall perform the duties of the Chairperson.

Secretary - In the temporary absence of the Chairperson and the Vice-Chairperson, the Secretary shall perform the duties of the Chairperson.

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.

It is sufficient that a motion, decision or proposition receives a majority of the votes actually cast.

The Board may designate that the interviewing of persons for . possible release or transfer be conducted by panels. Minutes of the interviews shall be 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 or transfer only those persons who are eligible for release or transfer pursuant to Arkansas law. Parole eligibility and transfer dates are computed by the records offices of the various units of the Arkansas Department of Correction.

The Board has the power to determine which eligible persons will be released and to fix the time and conditions of release. The Board also has the power to set conditions of release for those persons transferred under Act 555 of 1993. When discretionary, release is ordered only for the best interest of society, not as an award of clemency. A person will be paroled or transferred under the discretionary provisions, only when the Board believes that the person is able and willing totfulfill the obligations of a law-abiding citizen.

V. Access to Persons and Records

All Department of Correction and Community Punishment 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, 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 of Correction and to provide any information deemed pertinent by the Board in determining whether a person shall be released.

VI. CONSIDERATION OF PERSONS ELIGIBLE FOR TRANSFER OR RELEASE

Persons who commit crimes on or after January 1, 1994, and are subsequently incarcerated for those felonies shall be considered for transfer to the Department of Community Punishment.

Inmates convicted of Murder in the First Degree, Kidnapping, Rape, Aggravated Robbery, Causing a Catastrophe, Engaging in a Continuing Criminal Enterprise or the Manufacture or Delivery of a Schedule I or II Controlled Substance which by aggregate weight including adulterants or diluents is greater than twenty-eight (28) grams are eligible for discretionary transfer after serving the time required, as set forth by the Arkansas Sentencing Commission, with credit for -good time as established by law and/or regulation.

The procedure for review of these inmates will be the same as the procedure for persons who committed crimes prior to January 1, 1994. (See Section VII)

All other inmates (not delineated above) who commit crimes on or after January 1, 1994', will have transfer dates calculated by the Department of Correction under rules and regulations promulgated by the Board of Correction and Community Punishment.

The Post Prison Transfer Board will not be required to conduct a hearing on an automatic transfer unless (a) an inmate has received a major disciplinary which resulted in the loss of good time; (b) there has been a request by the victim(s) or the victim(s)' next-of-kin to have input into the establishment of transfer conditions; or (c) there is an indication in the risk/needs assessment review that special conditions need to be placed on an inmate.

Should any of the three (3) above-mentioned factors be present, the Board shall determine the appropriateness of the inmate -for transfer by conducting a hearing before a designated panel. Once a hearing is conducted, those members voting will have only two options:

(1) transfer the inmate to the Department of Community Punishment with specified conditions (which must be within the current resources of the Department of Community Punishment); or

(2) deny transfer to the inmate until the inmate completes a course of action established by the Board that would rectify the Board's concerns. After the completion of the required course of action (which must be within the current resources of the Department of Correction), the Board will be required to transfer the inmate to the Department of Community Punishment.

Should an inmate fail to complete the required course of action, it will be the responsibility of the inmate to request a rehearing before the Board. There will not be an automatic review in such cases.

The foil owing is a list of the various forms of release (in addition to release afforded by executive clemency, discharge, court action or death) by the Board available for persons who committed felonies prior to January 1, 19 94, and are subsequently incarcerated in the Arkansas Department of Correction:

A. REGULAR PAROLE

A person sentenced to the Department of Correction 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 of Correction counts by incarcerations in adult facilities for felony convictions.)

A person sentenced to the Department of Correction 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 Control led 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 is serving a second or subsequent term, the approval of the Prosecuting Attorney in the county wherein the" crime was committed is required.

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."

VII. Factors Considered in Release or Discretionary Transfer Decisions

1. Release or discretionary transfer may be granted to an eligible person by the Board when, in its opinion, there is a reasonable probability that the person can be released without detriment to the community or him/herself. Persons who commit designated Class Y felonies on or after January 1, 1994, and are convicted and incarcerated for such offenses will be subject to discretionary transfer.

2. In making its determination regarding a person1s release or discretionary transfer, 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 disciplineries;

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, such as 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, such as, educational programs, rehabilitation programs, work programs, and leisure time activities; and

k. any other factors deemed relevant by the Board members.

VIII. Early Release Consideration

Re: Release consideration in the Alternative Service Program, Act 378 of 1975, as amended (Arkansas Code Annotated Section 16 - 93-501, et seq.).

*(Note: Eligibility for this Act expires as of January 1, 1994, pursuant to the Repeal of Act 378.)

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 16-93-501 et seq.).

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 16-93-501 et seq.), 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.

5. 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 16-93-501 et. seq.), shall receive an expungement of his/her records by the following process:

1. After the person discharges the entire sentence imposed by the Court, a report will be submitted by the Department of Correction to the chairperson of the Post Prison Transfer Board. After reviewing the information/ the chairperson shall approve an expungement, if required by law.

2. Upon approval, the Chairperson, or his/her designee, shall complete a Certificate of Expungement which shall be forwarded to the person by the Department of Correction staff.

3. The Department of Correction 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

*(Note: Eligibility for this Act expires as of January 1, 1994, pursuant to Acts 550/532 of 1993.)

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 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 its designated panel.

3. If the person's application for parole is denied, he/she will be reviewed by the Board, or its 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 its designated panel.

X. Transfer or Parole Consideration of Out-of State Persons

The Board will transfer or consider for parole those eligible persons serving Arkansas sentences outside the State of Arkansas in the following manner:

1. When a person confined in the prison system of another state or the United States becomes eligible for transfer or parole in Arkansas, 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 of Correction shall notify the Parole Services staff and/or the Department of Community Punishment staff.

2. Before taking action on a transfer or parole request by an out-of-state person. Parole Services and/or the Department of Community Punishment will request, in writing, that the corresponding board or commission in the jurisdiction where the person is incarcerated will provide the following information:

1) in general transfer cases, a risk assessment evaluation;

2) in discretionary transfer cases or parole cases, information relevant to the question of whether the person should be released and a recommendation.

3. The Board will use as the basis of its conditions of transfer and/or its release decision the recommendation of, and/or 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 being considered and other interested persons.

4. All other provisions of Arkansas law pertaining to transfer and/or the granting or denying of parole to persons held by the Department of Correction 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.

XII. Notification of Officials and Victims

Prior to a person's consideration by the Board, the Board will solicit comments from the victim(s) (or the victim(s)' next-of-kin), if the crime was a Class Y, A, or B offense, Manslaughter, Battery or any sexual offense, any crime involving death, personal injury or the threat of personal injury or death, or any crime in which the victim(s) (or the victim(s)' next-of-kin) have requested in writing to be notified.

The Board will also solicit comments from the Judge, Prosecuting Attorney and the Sheriff of the county wherein the crime was committed.

Pre-release reports by the Department of Community Punishment and/or risk assessment evaluations from the Department of Correction will also be prepared and presented to the Board, along with other available information on the person being transferred or considered for parole, the circumstances of the crime and the release plan.

Victim(s) of the crime (or the victim(s)' next-of-kin) who wish to participate in the victim input process have two responsibilities:

(1) to notify the Board or its designee of their intention to provide input, and

(2) to provide to the Board or its designee a correct and current mailing address.

Supporting documentation of the victim(s)' (or the victim(s)' next-of-kin) claims will be accepted by the Board. In cases involving the transfer of inmates, comments by victim(s) or victim(s)' next-of-kin shall be limited only to the establishment of conditions of release.

XIII. Reconsideration of Parole or Discretionary Transfer

A person or his/her attorney 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 Department of Correction, Parole Services Division. Any member of the Board may schedule the person to appear before the Board.

XIV. Notice of Release

At the time that a person is paroled or transferred by the Board, the Department of Correction shall give written notice of the granting of the release or transfer to the Sheriff, the 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 Department of Correction, 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 decisions relating to persons who are or have been confined therein.

XV. Supervision of Releasee

Every person, while on release shall be subject to the orders of

4. RESIDENCE AND TRAVEL: The releasee must obtain prior approval from his/her supervising officer to change his/her place of residence or leave his/her assigned county.

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 or abstain completely if directed. The releasee must not use, sell, distribute, or have under his/her control any control led substances except as prescribed by a physician. The releasee is subject to periodic or random testing for the use of intoxicants and/or controlled substances.

8. ASSOCIATION: The releasee must not associate with convicted felons, persons who are engaged in criminal activity, or other persons as specified by his/her supervising officer.

9. MOTOR VEHICLES: The releasee must not operate a motor vehicle without a valid driver's license. Any operation of a motor vehicle must be in compliance with all state licensing and registration laws.

10. 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 a Department of Community Punishment officer.

11. 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.

12. SUPERVISION FEES: The releasee must pay a monthly supervision fee, unless an exemption is granted.

13. COOPERATION: The releasee must at all times cooperate with his/her supervising officer and the Board. The releasee must submit himself/herself to any rehabilitative, medical, or counseling program that the Board or the releasee's supervising officer deems appropriate.

The Board may set special conditions and 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.

As indicated in condition number 10, any releasee's automobile or residence may be searched by a Department of Community Punishment officer, without a warrant based on probable cause, if the Department of Community Punishment 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 conditional 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 Department of Community 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 Department of Community Punishment 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.

XVI. Participation of Releasee 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 supervising officers that such activities will subject them to revocation proceedings for any violations of the conditions of release committed during those activities.

The following procedure must be followed and approval granted by the Board, or the Board's designee, prior to any such participation:

1. The requesting law enforcement agency must coordinate the proposed activity with the supervising parole officer.

2. A written statement must be sent to the Board by the Department of Community Punishment or its designee (with written approval by the area supervisor) stating the basis for the request, identifying the requesting law enforcement agency, and stating that it is his/her recommendation that the proposed use be approved.

A releasee with a pending felony charge, or a releasee with a violation action pending or a revocation hearing scheduled will generally not be authorized.

XVII. Release Revocation The following procedures govern the release revocation process:

1. The supervising 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 supervising officer.

4. The supervising officer schedules a revocation hearing through the Board or its designee and a Notice of Revocation Hearing form is served by the supervising officer.

5. A revocation hearing is held in the community by the person-designated by the Board to conduct revocation hearings, unless the releasee voluntarily, knowingly and intelligently waives his/her right to a hearing.

6. Following the hearing, disposition forms are issued by the Board's designee and given to the supervising officer. If the release is revoked, the person will be scheduled to appear before the Board for release consideration as determined by the Board's designee.

7. If a releasee is found to have violated a condition(s) of his/her release, the Board, or its designee, may revoke his/her release or impose additional conditions of release.

8. A copy of the disposition form is served on the releasee, a copy is maintained in the field office, and a copy is returned to the Department of Correction 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, field office and the releasee.

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 voluntarily, .knowingly and intelligently 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 supervising officer.

e. A copy of the disposition form is served on the releasee, a copy is maintained in the field 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 voluntarily, knowingly, and intelligently waives his/her right to a hearing.

h. Following the hearing, disposition forms will be issued and distributed to the state file, field office, and the releasee,

i. A report of the revocation hearing will be prepared and distributed to the Board, state file, field 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 hearings is the Revocation 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 report unless the time period or other requirements are 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 should 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.

XVIII . Executive Clemency

RE: Applications for Executive Clemency (Commutation of Sentence), Pardon, reprieve, respite, or remission offineor forfeiture shall be referred to the Post Prison Transfer Board for investigation.

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 foil owing 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. The Board will individually review each application. Board members 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.

4. 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. Before considering an applicant, the Board or its designee shall notify the victim(s) (or the victim(s)' next-of-kin) pursuant to code provisions, Board regulations and/or requests for notification. When notification is provided under this provision of law, the Board or its designee shall solicit a written or oral recommendation from the victim(s) (or the victim(s)' next-of-kin) regarding the granting of clemency.

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 Parole Services 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.

5. 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 Board shall consider the statements of the applicant and a spokesperson, the applicant's file, the officer's report and/or a pre-sentence report and any documentary evidence presented by the applicant or other interested persons including the victim(s)(or the victim(s)' next-of-kin). 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.

6. All applications for executive clemency considered by the Board, with the non-binding recommendation 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 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). Parole Services 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 Parole Services 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, or a designated panel, 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.

XIX. 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 of Correction and/or the Department of Community Punishment. Information concerning the crimes will be collected and the law enforcement officials, the Sentencing Judge, 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, the Prosecuting Attorney of the county wherein the crime was committed and the victim(s) of the crime (or the victim(s)' next-of-kin).

The application and information gathered by the Department of Correction and/or the Department of Community Punishment 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.

XX. CONDITIONAL PARDONS

The purpose of a conditional pardon is to conditionally restore certain rights to a person convicted of a federal offense. A conditional pardon cannot restore the right to own or possess firearms. The applicant must apply to the Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury.

An application for a conditional pardon is submitted to the Department of. Correction and/or the Department of Community Punishment. Information is gathered by Field Services Division and presented to the Board. The Board shall vote to recommend to the Governor that a conditional pardon either be 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.

XXI. MISCELLANEOUS

The offices of the Board are open from 8:00 a.m. to 4:30 p.m., Monday through Friday (excluding state holidays). The public may contact the Board during those hours to obtain information or to make submissions or requests.

(9/28/1993)

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