§ 16-93-1301 - Transfer provisions.
16-93-1301. Transfer provisions.
(a) As used in this subchapter, "felonies" means those crimes classified as Class Y, Class A, Class B, Class C, Class D, or unclassified felonies by the laws of this state.
(b) (1) Persons who committed felonies prior to January 1, 1994, and who were convicted and incarcerated for those felonies shall be eligible for release on parole in accordance with the parole eligibility law in effect at the time the crime was committed.
(2) Persons who committed target offenses under the Community Punishment Act, 16-93-1201 et seq., prior to January 1, 1994, and who have not been sentenced to a term of incarceration may waive the right to be released under the parole eligibility law in effect at the time the crimes were committed and shall become eligible for judicial transfer pursuant to the transfer provisions provided in subdivision (c)(2) of this section.
(3) Persons who have committed felonies who are within a target group as currently defined under 16-93-1202(10) and who are released on parole shall be eligible, pursuant to rules and regulations established by the Parole Board, for commitment to a community correction facility if they are found to be in violation of any of their parole conditions, unless the parole violation constitutes a nontarget felony offense.
(c) Persons who commit felonies on or after January 1, 1994, and who shall be convicted and incarcerated for those felonies shall be eligible for transfer to community correction as follows:
(1) (A) Inmates under sentence of death or life imprisonment without parole shall not be eligible for transfer, but may be pardoned or have their sentences commuted by the Governor as provided by law.
(B) Inmates sentenced to life imprisonment shall not be eligible for transfer unless the sentences are commuted to a term of years by executive clemency.
(C) Upon commutation, inmates shall be eligible for transfer as provided in this subchapter;
(2) (A) (i) (a) Offenders convicted of a target offense under the Community Punishment Act, 16-93-1201 et seq., may be committed to the Department of Correction and judicially transferred to the Department of Community Correction by specific provision in the commitment that the trial court order such a transfer.
(b) No other offenders are eligible for transfer to a Department of Community Correction facility.
(ii) A copy of the commitment shall be forwarded immediately to the Department of Correction and to the Department of Community Correction.
(iii) In the event that an offender is sentenced to the Department of Correction without judicial transfer on one (1) sentence and concurrently sentenced to the Department of Correction with judicial transfer on another sentence, the offender shall remain in the Department of Correction, and the sentence with judicial transfer may be discharged in the same manner as those offenders transferred back to the Department of Correction.
(B) The Department of Community Correction shall take over supervision of the offender in accordance with the order of the court.
(C) The Department of Community Correction shall provide for the appropriate disposition of the offender as expeditiously as practicable under rules and regulations developed by the Board of Corrections.
(D) The offender shall not be transported to the Department of Correction on the initial placement in a Department of Community Correction facility pursuant to a judicial transfer.
(E) An offender who is transferred back to the Department of Correction for disciplinary reasons may be considered for transfer to Department of Community Correction supervision after earning good-time credit equal to one-half (1/2) of the remainder of his or her sentence.
(F) An offender who is sentenced after July 31, 2007, and who is transferred back to the Department of Correction for administrative reasons is eligible for transfer to Department of Community Correction supervision in the same manner as an offender who is sentenced to the Department of Correction without a judicial transfer to the Department of Community Correction; and
(3) (A) All other classified or unclassified felons who are incarcerated therefor shall be eligible for transfer to community punishment after having served one-third (1/3) or one-half (1/2), with credit for meritorious good time, of their sentences depending on the seriousness determination made by the Arkansas Sentencing Commission, or one-half (1/2), with credit for meritorious good time, of the time to which their sentences are commuted by executive clemency.
(B) For example, a six-year sentence with optimal meritorious good-time credits will make the offender eligible for transfer in one (1) year if he or she is required to serve one-third (1/3) of his or her sentence, or one and one-half (11/2) years if he or she is required to serve one-half (1/2) of his or her sentence.