§ 16-93-1302 - Transfer procedures.
16-93-1302. Transfer procedures.
(a) (1) (A) Inmates under sentence for all felonies except those listed in subsection (b) of this section will be transferred from the Department of Correction to the Department of Community Correction subject to rules and regulations promulgated by the Board of Corrections and conditions set by the Parole Board.
(B) This review may be conducted without a hearing when the inmate has not received a major disciplinary report against him or her which resulted in the loss of good time, there has not been a request by a victim to have input on transfer conditions, and there is no indication in the risk/needs assessment review that special conditions need to be placed on the inmate.
(2) (A) When one (1) or more of the circumstances in subdivision (a)(1) of this section are present, the Parole Board shall conduct a hearing to determine the appropriateness of the inmate for transfer.
(B) The Parole Board has two (2) options:
(i) To transfer the individual to the Department of Community Correction accompanied by conditions of the transfer, including, but not limited to, supervision levels, programming requirements, and facility placement when appropriate; or
(ii) To deny transfer based on a set of established criteria and to accompany the denial with a course of action to be undertaken by the inmate to rectify the Parole Board concerns.
(C) Upon completion of the course of action determined by the Parole Board, after final review of the inmate's file to ensure successful completion, the Parole Board shall authorize the inmate's transfer to the Department of Community Correction in accordance with administrative policies and procedures governing the transfer and subject to conditions attached to the transfer.
(3) Should an inmate fail to fulfill the course of action outlined by the Parole Board to facilitate transfer to community correction, it shall be the responsibility of the inmate to petition the Parole Board for rehearing.
(b) (1) Inmates under sentence for the following Class Y felonies shall be eligible for discretionary transfer to the Department of Community Correction by the Parole Board after having served the time required as set by the Arkansas Sentencing Commission with credit for meritorious good time:
(A) Murder in the first degree, 5-10-102;
(B) Kidnapping, 5-11-102;
(C) Rape, 5-14-103;
(D) Aggravated robbery, 5-12-103;
(E) Causing a catastrophe, 5-38-202(a);
(F) Engaging in a continuing criminal enterprise, 5-64-405; and
(G) The manufacture or delivery of a schedule I or schedule II controlled substance which by aggregate weight including adulterants or diluents is greater than twenty-eight grams (28 g), 5-64-401(a)(1).
(2) (A) Review of inmates convicted of the enumerated offenses in subdivision (b)(1) of this section shall be based upon policies and procedures adopted by the Parole Board for the review.
(B) The policies and procedures shall include provision for notification of victims, that a hearing shall be held and records kept of such proceedings, and that there be a listing of the criteria upon which a denial may be based.
(3) All transfers of offenders specified in this subsection shall be issued upon order, duly adopted, of the Parole Board in accord with such policies and procedures.
(c) (1) The course of action required by the Parole Board shall not be outside the current resources of the Department of Correction nor the conditions set be outside the current resources of the Department of Community Correction.
(2) However, the departments shall strive to accommodate the actions required by the Board of Corrections to the best of their ability.
(d) Transfer is not an award of clemency and it shall not be considered as a reduction of sentence or a pardon.
(e) Every inmate while on transfer status shall remain in the legal custody of the Department of Correction, under the supervision of the Department of Community Correction, and subject to the orders of the Parole Board.
(f) Inmates who are sentenced under the provisions of 5-4-501(c) or (d) for serious violent felonies or felonies involving violence may be considered eligible for parole or for community correction transfer upon reaching regular parole or transfer eligibility, but only after reaching a minimum age of fifty-five (55) years.