Current through Register Vol. 49, No. 9, September, 2024
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 February, 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. Unit assignments shall be made between
Full-time Board members upon notification of the Chairperson. Additionally, the
Chairperson may assign the Part-time Board member to fill an assignment if
necessary due to illness, vacation, or other valid reason of the full-time
Board membership. Shall serve bylaw as a 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 - In the temporary absence of the
Chairperson and the Vice-Chairperson, the Secretary shall perform the duties of
the Chairperson. The Secretary shall be responsible for the recording of the
minutes of all Board meetings.
Board Members - Each Full-time Board member shall
have the right to vote on each consideration presented. Five (5) votes are
required. The Part-time Board member may vote when designated to fill an
assignment as defined under duties of the Chairperson; additionally, the
Part-time Board member may vote on requests for clemency and pardon.
II.
QUORUM
A quorum of five members will be designated to vote on each file.
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..
III.
RECUSAL
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 recusal 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 recuse. In
establishing these guidelines for recusal 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. In the event a Board
member abstains or recuses from a vote for parole, transfer, pardon or
clemency, this action is final and cannot be changed.
IV.
GENERAL PROCEDURES
The Board may designate a panel for the interviewing of persons
for possible parole, transfer and executive clemency. In addition to a board
member, a panel may be comprised of one of the following: a hearing examiner, a
designated official of the Department of Correction, a designated official of
the Department of Community Correction, (or a designated official selected by
the board member interviewing).
Inmates convicted of Capital Murder, Murde-1st Degree, Murder-2nd
Degree, Manslaughter, Negligent Homicide, Kidnaping (Class Y), Rape, Aggravated
Robbery, Causing a Catastrophe, Engaging in a Continuing Criminal Enterprise,
Simultaneous Possession of Drugs and Firearms, Sexual Abuse -1st Degree,
Battery-1st Degree, or Domestic Battery-1st Degree 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.
V.
ACCESS TO PERSONS AND RECORDS
All Department of Correction and Department Community Correction
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 or Department of
Community Correction and to provide any information deemed pertinent by the
Board in determining whether a person shall be released.
Inspection of Records
Parole and Clemency Request Files - Pursuant the provisions of
A.C.A.
16-93-202,
the following portions of Parole and Clemency Request files be provided for
inspection, upon request, by a person having a proper interest therein and
whenever the interests or welfare of the person involved make inspection
desirable or helpful:
a. Cover
sheet;
b. 153 forms; and
c. Vote sheet
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 Correction.
Inmates convicted of Murder in the First Degree, Kidnaping, 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
greaterthan 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
Corrections.
If the Post Prison Transfer Board approves an inmate to be
transferred to the Department of Community Correction on his/her Transfer
Eligibility date, there will be no hearing unless the inmate objects to any
special conditions imposed or the Board changes . the decision to release the
inmate. If the victim or victim(s)' next-of-kin requests input concerning
release conditions, the Board will review it in writing and schedule a hearing.
The Board will accept or hear input only as it relates to the inmate's release
conditions. Unless otherwise determined by the majority of a quorum of the
Board, an inmate incarcerated at the Varner Unit Super Max who has failed to
complete the required course of action of attaining level 5 will not be granted
a rehearing by the Board unless and until such, level has been attained.
The Board may 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 Correction which specific conditions (which must be within the
current resources of the Department of Community Correction); 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 Correction.
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 following is eligibility criteria for 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 1,1994,
and are subsequently incarcerated in the Arkansas Department of
Correction:
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 1/3 of
sentence with credit for good time.
Be aware that there are other specific statutes which may alter
these general rules.
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 person's 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 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, 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. Any inmate who
receives a risk assessment score of 21 or higher, may be scheduled for an
interview before being transferred to parole status;
j. the person's participation in
institutional activities, such as, educational programs, rehabilitation
programs, work programs, and leisure time activities;
k. when a transfer inmate who has been
convicted of a Class Y felony receives a major disciplinary, that inmate must
be scheduled for an interview to determine if he/she can be transferred or
should be delayed to complete a program before transferred to parole status;
and
I. any inmate who receives a
risk assessment score of medium high or higher, may be scheduled for an
interview before being transferred to parole status.
m. The failure of an inmate incarcerated at
the Varner Unit Super Max to attain level 5.
VIII.
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. sea.), 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, CONDITIONAL 309 AND BOOT CAMP
(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, INTERSTATE COMPACT,
ACT 290 AND REGULAR BOOT CAMP PAROLEE
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 federal system 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 their Parole
Services staff and/or the Department of Community Correction 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 Correction 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. The needs of safety
and control within each unit prescribe that no information concerning the vote
on possible release of an inmate will be made until the Monday following the
ratification of voting held at a regularly scheduled meeting of the .
Board.
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. Such notifications of
consideration shall include reconsiderations.
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 Correction
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 an inmate, the victim(s) or victim(s)' next-of-kin may request and
be granted a hearing to provide input concerning the inmate's release
conditions only.
All hearings will be conducted by a member or members of the
Board.
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.
Any two (2) members of the prevailing side may schedule the
inmate to appear before the Board with the Chairperson being able to be
included in the two (2) members had the Chairperson not voted nor voted in the
negative of the previous decision. Any denial shall not be reconsidered for a
period of six (6) months following the most recent denial vote except by
consideration of the Full Board and a majority vote granting such
reconsideration.
XIV.
NOTICE OF RELEASE
At the time that a person is paroled or transferred by the Board,
the Department of Community 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 Community Correction, or its designee,
shall give notice to the Chief of Police or Marshall of all cities to which
he/she is released, and the Sheriff of the county to which he/she is
released.
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
the Board. Failure to abide by any of the conditions as instructed may result
in revocation of his/her conditional release.
Each releasee, while under supervision, must abide by the
following rules:
1
REPORTS: You must report to your supervising officer
within 72 hours after your release. Thereafter, you must report as instructed
by your supervising officer. All written and oral statements made by you to
your supervising officer must be truthful.
2.
EMPLOYMENT/EDUCATION: You must maintain approved
employment or be enrolled in an approved education program unless otherwise
directed. You must obtain permission from your supervising officer before
quitting your employment or education program. If you lose your job or are
terminated from your education program, you must notify your supervising
officer within 48 hours.
3.
RESIDENCE AND TRAVEL: You must obtain prior approval
from your . supervising officer to change your place of residence, stay away
from your approved residence overnight, or leave your assigned
county.
4.
LAWS: You must obey all federal and state laws, local
ordinances and court orders. You must report any arrest, citation, or summons
to your supervising officer within 48 hours.
5.
WEAPONS: You must
not own, possess, use, sell or have under your control any firearm (or
imitation) or other dangerous weapon, or be in the company of any person
possessing such weapons. You must not possess any ammunition.
6.
ALCOHOL/CONTROLLED
SUBSTANCES: You will avoid the excessive use of alcohol, or
abstain completely if directed, and will stay out of bars, taverns, clubs, and
liquor stores. You must not sell, deliver or possess, or use controlled
substances except as prescribed by a physician. You will submit yourself to
random testing for the use of intoxicants and/or controlled
substances.
7.
ASSOCIATION: You must not associate with convicted
felons, persons who are engaged in criminal activity, or other persons with
whom your supervising officer instructs you not to associate. (Association with
convicted felons at work, in counseling programs, in church, or in other
locations and circumstances specifically approved by the Post Prison Transfer
Board or your supervising officer is not prohibited).
8.
SUPERVISION FEES:
You must pay a monthly supervision fee unless granted an exemption. Community
service work in lieu of supervision fees may be required.
9.
COOPERATION: You
must, at all times, cooperate with your supervising officer and the Post Prison
Transfer Board. You must submit yourself to any rehabilitative, medical, or
counseling program that the Post Prison Transfer Board or your supervising
officer deems appropriate.
10.
SEARCH AND SEIZURE: You must submit your 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 any
Department of Community Correction Officer.
11.
WAIVER OF
EXTRADITION: Your 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 you may be found, and you also agree that
you will not contest any effort by any jurisdiction to return you to the State
of Arkansas to answer a charge of violation of any of the conditions of your
release.
12.
SPECIAL
CONDITIONS:___________________
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, or community service in lieu of fee exemption.
Any exemption request of a special condition, must be approved by the
Board.
Upon release, an order of restitution previously entered by a
sentencing court against a releasee becomes a condition of that release. As
such, within 90 days of release, an officer of the Department of Community
Correction will submit a report to the Board setting forth the releasee's
employment status, earning ability, financial resources and any other
circumstances that may have a bearing on the releasee's ability to pay the
ordered amount of restitution. After reception of this report, the Board will
determine if the releasee has the ability to pay restitution. If the Board
determines that the releasee has the ability to pay restitution, then it will
establish an amount that must be paid periodically by the releasee.
As indicated in condition number 10, any releasee's automobile or
residence may be searched by a Department of Community Correction officer,
without a warrant based on probable cause, if the Department of Community
Correction 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 Correction 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 Correction 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 it will not authorize a
releasee to participate in any Law Enforcement Undercover Operation. However,
the Director of the Department of Community Correction may authorize releasee
participation in undercover investigations in a manner consistent with the
Department of Community Correction Field Operations Manual.
XVII.
RELEASE REVOCATION
The following procedures govern the release revocation
process:
1. The supervising officer
submits a violation report alleging violation of conditions(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.
13. A releasee
who has been revoked because of a technical violation will automatically be
reinstated
18 0 days after revocation unless
objected to by one or more members of the Board.
The Board's designee for conducting final release revocation
hearings is the Revocation Hearing Examiner, 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 of fine or 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 in 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) life threatening medical condition that
does not qualify for Act 290;
(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.
7. Once an application is
submitted for screening and/or consideration, the process cannot be interrupted
and the recommendation is final. There is no appeal process regarding
recommendations forwarded to the Governor.
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 Correction.
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 Correction 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 Correction.
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.
Attachment
Post Prison Transfer Board
POLICIES AND PROCEDURES FOR EXECUTIVE CLEMENCY BY PERSONS
SENTENCED TO DEATH
1. Any
person sentenced to death may apply for Executive Clemency (Arkansas
Constitution, Article 6, Section 18).
2. An application for Executive Clemency must
be filed no later than 40 days prior to the scheduled execution date.
3. All exhibits or supporting documentation
to be considered by the Post Prison Transfer Board should be attached to the
Executive Clemency application at the time of filing.
4. The application shall set forth the
specific reasons or grounds upon which Executive Clemency is requested. Failure
to set forth specific grounds shall be cause for rejection and return of the
application.
5. An application for
Executive Clemency will be considered as having been duly filed when it is
received by Institutional Parole Services at the Department of
Correction.
6. The Post Prison
Transfer Board, meeting in regular or special session, shall interview the
inmate concerning his/her request for Executive Clemency at least 30 days prior
to the execution date.
7. The
Attorney will submit a list of all person who will appear at the Executive
Clemency hearing on behalf of the inmate to the Post Prison Transfer Board and
the Warden of the Maximum Security Unit on the day prior to the hearing. The
list will indicate complete names and relationships to the inmate.
8. The time allocated for all presentations
and/or testimony by the inmate, attorney and/or witnesses at the Executive
Clemency Hearing shall be limited to a total of two (2) hours.
9. No more than four (4) persons (the inmate,
attorney and two others) may present arguments and/or testify to the Post
Prison Transfer Board at the Executive Clemency Hearing. The Board will accept
written statements by other interested persons.
10. Tape recordings of the Executive Clemency
Hearing will not be transcribed, but will be sent directly to the Governor with
the clemency file and supporting evidence. The attorney is responsible for
providing recorders and/or stenographers should a transcript be
desired.
11. The Post Prison
Transfer Board's decision will be available within 72 hours after completion of
hearings for the inmate and protestors.
12. The Board Chairman with the approval of
the Board, will make an exception in the interest of justice.
