Arkansas Administrative Code
Agency 158 - Arkansas Parole Board
Rule 158.00.15-002 - Arkansas Parole Board Manual

The American Correctional Association (ACA) recommends that the racial makeup of the Board should be representative of the diversity of the significant population under its jurisdiction

If the composition of the Board does not meet this standard, the Chairperson will bring this issue to the Governor's attention during the selection process for a new Board member.

Whether or not they have served on the Board previously, a member appointed after July 1, 2011, shall complete a comprehensive training course developed in compliance with guidelines from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association.

All members shall complete annual training developed in compliance with guidelines from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association.

Training components shall include at a minimum an emphasis on the following subjects:

A Parole Revocation Judges may be subject to the same training curriculum developed for members of the Board.

The Governor shall designate one member as the Chair of the Board who shall serve at the Governor's will. As set forth in State law, the Chair shall serve as the chief executive, administrative, budgetary, and fiscal officer of the Board. No rule or policy, to include administrative directives or memoranda, shall be interpreted to in any way limit the authority of the Chair as prescribed by State law.

The Board shall elect, during the first regular meeting after February 1st of each year, a Vice Chair and a Secretary to serve as officers for the upcoming year. If the office of Vice-Chair or Secretary becomes vacant in the interim, the Board shall elect, at its next regular meeting, a member to serve in that office until the next regular election. A special election of officers may be called at any time at the request of five (5) members of the Board. The Vice-Chair and the Secretary shall assume, in that order and with the consent of the Governor, the duties of Chair in the case of extended absence, vacancy, or other similar disability of the Chair until the Governor designates a new Chair of the Board. Prior to assuming the duties of Chair, the Vice-Chair or Secretary shall notify the Office of the Governor and provide a summary of the situation requiring the assumption of those duties.

A quorum of four members is required to hold a meeting of the Board. If a case that is discretionary fails to receive five (5) affirmative votes, the inmate shall be reconsidered for parole or transfer after one (1) year from the date of the Board's vote. If a case that is non-discretionary fails to receive five (5) affirmative votes, the inmate shall be reconsidered after 6 months from the date of the Board's vote

All parole cases reviewed by a single member shall be reviewed by the full Board for agreement prior to a final decision. The review shall consist of the single member

Board practice is to have 7 members vote on executive clemency death sentence cases and a minimum of five (5) votes on other clemency requests.

No member of the Board or a Parole Revocation Judge should participate in the determination of any matter before them if they:

"Parole" is the release of an inmate into the community prior to the expiration of the sentence, subject to conditions imposed by the Board and to supervision. Supervision is accomplished on behalf of the Board by Parole/Probation Officers, also referred to as 'supervision officers," who work for the Arkansas Department of Community Correction (ACC).

Depending on the date of the offense, some inmates are "transfer eligible," some are "parole eligible," and some inmates are not eligible for parole, but may be considered for release under clemency laws.

The ACC Institutional Release Services (IRS) staff will prepare case records for use by Board members in conducting case reviews and hearings, as required by Arkansas law. Preparation by ACC IRS for an inmate's review shall begin no later than six (6) months prior to that inmate's eligibility date. Board staff will manage these case records to ensure timely review/hearings.

All release hearings will be conducted by a member or members of the Board. However, in situations where there are staffing shortages or high workload, the Chairperson may choose to designate Parole Revocation Judges to conduct release hearings on an interim basis.

The Board shall consider the results of a validated risk/needs assessment tool as a part of all release decisions. That same assessment will also influence any conditions of release. The assessment will be administered by staff from ADC and/or ACC in a manner authorized by the Board.

The Arkansas Code Annotated 16-93-614, 615, 616, and 617 allows for the transfer of inmates who have committed certain crimes on or after January 1, 1994, under the provisions of a transfer date, to be transferred to parole status by the ADC subject to rules and regulations promulgated by the Board of Corrections and conditions set by the Board. The electronic Offender Management Information System (eOMIS) assigns a transfer eligibility (TE) date to inmates who are in this "transfer eligible" category (other inmates who are eligible for parole are assigned a "parole eligibility (PE)" date).

When the Board considers an inmate with a TE date the Board will have only two options:

The following classes of inmates shall be considered for discretionary transfer to the ACC. Discretionary transfer means the Board can deny parole with or without recommending a course of action to the inmate. Even if a course of action is recommended and completed, the Board is not required to release the inmate to community supervision.

* Inmates who, after January 1, 1994, commit Murder in the First Degree, Engaging in a Continuing Criminal Enterprise, or the following Class Y felonies: Kidnapping, Rape, Aggravated Robbery, or Causing a Catastrophe.

* Inmates who on or after July 30, 1999 commit Capital Murder, Murder in the Second Degree, Manslaughter, Negligent Homicide, Sexual Assault in the First Degree, Sexual Assault in the Second Degree, Sexual Abuse in the First Degree, Battery in the First Degree, Domestic Battering in the First Degree, or Simultaneous Possession of Drugs and Firearms.

* Inmates who, on or after February 20, 2013, commit an offense for which they are required upon release to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.

* Inmates who, on or after August 16, 2013 commit Attempted Capital Murder, Attempted Murder in the First Degree, any offense listed under A.C.A. § 5-54-201 et seq. (Terrorism-related offenses), or the following Class Y felonies: Attempted Aggravated Robbery, Terroristic Act, Arson, Aggravated Residential Burglary, or Unlawful Discharge of a Firearm from a Vehicle.

* Inmates who, on or after April 2, 2015 commit Battery in the Second Degree, Aggravated Assault, Terroristic Threatening, Residential Burglary, or Domestic Battering in the Second Degree.

The Board will have the authority to transfer such an inmate at a time when, based on a combination of its members' opinion and a validated risk needs assessment tool, there is a reasonable probability that the inmate can be released without detriment to the community or the inmate.

After the Board has fully considered and denied the transfer of an offender sentenced for committing a discretionary offense, the Board may delay any reconsideration of the transfer for a maximum period of two (2) years.

Note: The same standard of review listed in this section shall apply to all inmates whose crimes were committed prior to January 1, 1994 (Parole Eligible).

For inmates with a PE date, the Board has discretionary transfer authority. A Board "discretionary transfer" hearing will be conducted for all inmates with a parole eligible (PE) date, unless the inmate waives the hearing in writing. Board members will use the release decision criteria listed on page 8 of this manual as a basis for deciding whether to approve a transfer.

The Board may deny parole to any otherwise eligible inmate, regardless of the sentence that he or she is serving, if five (5) members of the Board determine that the inmate upon release would be a detriment to the community upon release as defined in A.C.A. § 16-93-101.

A Board member recommending a denial under this section must provide a written justification that the inmate meets the definition a detriment to the community. The written justification shall be made a part of the inmate's parole hearing record.

Parole consideration must be the same for foreign nationals. Their status or inability to return to their home country must not affect a parole decision. A foreign national may be paroled to their home country when informal arrangements can be made for the transfer and when the inmate consents. The Board shall consider the placement of post-release conditions on offenders released to their home country or an immigration detainer. The condition(s) will take effect upon their reentry to the United States.

Within 90 days of incarceration, the ADC will provide inmates who have a TE or PE date with a time card that will provide at a minimum the following information:

The Board will use Form 153 (Attachment 1: Law Enforcement Response) to solicit the written or oral recommendations of the sentencing court, the prosecuting attorney, and the sheriff of the county from which the inmate was committed.

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.

Before determining whether to release an inmate on parole, the Board shall permit the victim to present a written victim impact statement at a victim impact hearing conducted by one of more members of the Board, concerning the effects of the crime, the circumstances surrounding the crime, the manner in which the crime was perpetrated and the reason(s) for the victim's opposition to the inmate's potential parole. The Board shall ensure that notification of this right is provided to all victims registered with the ADC. If the victim has expressed a documented desire to not be notified of future parole hearings, no notification will be made. For those wishing, and eligible, to attend a victim impact hearing, it is the responsibility of the victim to express their desire to attend a victim impact hearing and to provide current contact information to the Board or its designee.

At the discretion of the Board, a victim impact hearing may be conducted through the video conference technology.

The Board shall consider impact statements written by the victim. These written statements may be in lieu of, or in addition to, an oral victim impact statement. An impact statement written by the victim of a sex crime as defined by A.C.A. § 16-90-1101 or the Sex Offender Registration Act of 1997, § 12-12-901 etseq., is privileged. It shall not be disclosed, directly or indirectly, to any person other than a member of the Board, its authorized agents, a court, or other person, excluding the inmate, entitled under state law or Board policy to receive the statement.

The Board or a court of competent jurisdiction may order the disclosure of an impact statement written by the victim of a sex offense when the Board finds that the interests of the inmate outweigh the privacy and safety interests of the victim or to enhance the accuracy of the Board's determination.

An inmate eligible to receive an impact statement written by their victim shall only receive it upon a written request. The inmate's request shall be submitted to the Institutional Release Officer assigned to their unit. The Institutional Release Officer will in turn submit the request to the ACC Public Information Office and the Board for fulfillment. The Board, or the ACC Public Information Office, shall redact the following information from an impact statement written by a victim prior to releasing the statement to the inmate:

* Any information protected by Federal or State privacy laws;

* The address of a victim, their parent, legal guardian, and/or their next of kin;

* Any information that could reasonably be used to determine the location of a victim, their parent, or legal guardian, and/or their next of kin;

The Board shall ensure that a victim is notified of the release of an impact statement written by them. The notification shall consist of:

* The inmate's name and ADC number;

* The date the statement was released; and

* A copy of the released statement.

No other information related to a victim may be released by the Board or an agent of the Board unless required by Federal and/or State Law.

For the purposes of this policy, "victim" is defined as someone who is the victim of a:

* A sex offense as defined by the Sex Offender Registration Act of 1997, § 12-12-901 et seq,;

* A sex offense as defined by A.C.A. § 16-90-1101;

* An offense involving the use of a deadly weapon, terroristic threatening in the first degree, § 5-13-301(a), and stalking, as defined in § 5-71-229;

* An offense against a victim who is a minor;

* A violent offense as defined by A.C.A. § 5-4-501(d)(2);

* An offense subject to the discretionary transfer authority of the Board; or

* An offense committed by an inmate previously determined to be a "detriment to the community" in accordance with A.C.A. § 16-93-101.

For the purposes of this policy, "offense against a victim who is a minor" is defined as:

* Kidnapping pursuant to § 5-11-102(a)(4) when the victim is a minor and the offender is not the parent of the victim;

* False imprisonment in the first degree pursuant to § 5-11-103 when the victim is a minor and the offender is not the parent of the victim;

* Permanent detention or restraint pursuant to § 5-11-106 when the victim is a minor and the offender is not the parent of the victim;

* Any sex offense when the victim is a minor;

* An attempt, solicitation, or conspiracy to commit any of the offenses listed above;

* An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses listed above; or

* A violation of any former law of this State that is substantially equivalent to any of the offenses listed above.

If a victim has requested notification, notice will be provided once the Board's decision on the case has been finalized.

The Board requires that an inmate receive written notice of parole or transfer hearings at least fourteen days prior to the hearing. An inmate will be notified by the IRO located at their unit through a personal interview. The five objectives of the interview are:

The Board may designate a parole revocation judge or investigator employed by the Board to interview inmates for possible parole, or transfer. A parole revocation judge or investigator designated to conduct a hearing may only prepare a summary of the hearing and make a non-binding recommendation to the Board.

The Board may also secure the assistance of professionals (i.e. a mental health or a language interpreter) to enhance in their ability to conduct a hearing.

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.

In making its determination regarding an inmate's release or discretionary transfer, the Board must consider the following factors:

All hearings will be conducted in privacy unless the inmate requests otherwise in accordance with applicable State law and ADC policy. All deliberations shall be closed to the public in accordance with applicable state law. Individual case information will be kept confidential to the extent allowed by A.C.A. § 16-93-202. Prior to the hearing, Board members must review information available about the offender's prior history, current situation, events in the case since any previous hearing, information about the offender's future plans and relevant conditions in the community. The Board member conducting the hearing is responsible for making a record of the major issues and findings in a summary of interview.

The Chairman, in consultation with Board staff and staff from the ADC and ACC, will decide if video conferencing will be used at a given hearing and who will participate by way of video conferencing. Video conferencing is an appropriate option in certain circumstances, including the following; to meet urgent deadlines, when severe weather conditions prevent the safe travel of Board members, or when it would be the most effective and efficient use of manpower and budgetary resources.

In advance of the hearing, the inmate will be notified about their hearing may be conducted via video. If it is apparent that participating in a hearing conducted via video will create an undo hardship due to a documented disability, the Chairman will make arrangements for certain accommodations and/or ensure that an inmate is seen in person.

The specific date of an inmate's release will be set by the inmate's unit of assignment. The unit's Institutional Release Officer is the designated party for conveying that date to the inmate.

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

When an inmate 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 ADC shall notify the ACC IRS office.

Before taking action on a transfer or parole request by an out-of-state inmate, the ACC IRS office will request, in writing, that the corresponding board or commission in the jurisdiction where the person is incarcerated, provide the following information:

The ACC IRS office is the designated entity for processing all Board decisions relating to parole/transfer (grant, denial, or deferral) and Executive Clemency (a recommendation of with or without merit). The Board will record all votes and verify the accuracy of all records. Once IRS has been notified that voting is complete, a copy of the decision will be made available to each Institutional Release Officer (IRO) at the various ADC and ACC units. The decision of the Board will then be given to the inmate in a manner consistent with unit policy. Refer to the "Release Decision Summary" section below for additional information.

It is the responsibility of the IRO to contact the appropriate unit staff if an inmate is required to complete any program(s) prior to release. The IRO is also responsible for any other action requested regarding the Board's decision.

A person considered by the Board for release will be advised in writing of the Board's decision within 21 days from the date of the hearing. The notification will include the Board's action and the most significant reason(s) for that action. The needs for safety and security within each unit prescribe that no information concerning the vote on the possible release of an inmate will be made until such date determined by the Board following the ratification of voting held at a regularly scheduled meeting of the Board.

When used, interview worksheets shall be made available upon request following the release of the Board's decision.

When, in the independent opinions of a physician employed, or contracted by the ADC or ACC and a consultant physician from the State at-large, an inmate, who is not serving a sentence of life or life without parole, has an incurable illness which, on the average, will result in death within twenty-four (24) months, is permanently incapacitated, or would be a suitable candidate for hospice care, the Director of the ADC or the Director of the ACC shall make these facts known to the Board.

The Board shall request all such information that is germane to determining an inmate's suitability for parole supervision. If the facts warrant and the inmate's physical condition no longer makes them a threat to public safety, the Board may approve the inmate for immediate transfer to parole supervision.

An inmate is not eligible for parole under A.C.A. § 12-29-404 if:

Arkansas Code Annotated § 16-93-710, authorizes the Board to set modified hearing guidelines for offenders who have a sentence of 2 years or less and become Transfer Eligible while in the county jail.

Upon notification of an offender's eligibility by the ADC, the ACC shall immediately make all necessary notifications to law enforcement officials and victims (See "Notification of Officials and Victims"), schedule the offender for a hearing, and assemble the hearing file for the Board's review. The ADC shall expedite the intake of eligible offenders.

The Board shall consider the file as a screening. All other standard hearing processes shall be followed.

At the discretion of the Board, eligible offenders may be paroled directly from the County Jail Back-up List. If an offender is to be released directly from the County Jail Back-up List, their file must be reviewed by the Board no later than 6 months prior to their eligibility date. The Board shall work collectively with both ADC and ACC to develop guidelines for these offenders.

* Any offender convicted under A.C.A. § 5-4-501(c)(2) or of a Class Y felony shall be ineligible for release under this option. As determined by the county sheriff, an offender who has committed a violent or sexual act while incarcerated in a county jail facility shall be ineligible for release under this option.

For offenders with a sentence greater than two years, the Board shall establish procedures sufficient to mitigate the risk of those offenders becoming Transfer Eligible while in the county jail. The Board Chairman shall designate an employee of the Board to regularly review the ADC County Jail Back-up List and compile the names of offenders whose intake needs to be expedited by the ADC. This compiled list shall consist of those individuals who are within 6 months of becoming Transfer Eligible but may be expanded in scope as the need arises. This list shall contain at a minimum the names, ADC #, and county where these offenders are being held. Once this list is certified by the Board Chairman or their designee, it shall be transmitted to the ADC and they shall in turn schedule these offenders for intake.

Once these individuals are brought in to the Department, ADC shall notify ACC-lnstitutional Release Services of their Intake. ACC shall immediately begin the process of scheduling these offenders for the next upcoming Board. Offenders with non-discretionary convictions and those without an active conviction for a sexual offense shall be transmitted to the Board as a screening. Offenders whose conviction is discretionary and those who have an active conviction for a sexual offense shall be scheduled for a hearing. Offenders convicted of "Failure to Register" on a discharged registerable offense shall be scheduled for a screening.

Based on the pre-established criteria in Arkansas Code Ann. § 16-93-711, the Director of ADC or ACC will request the Board consider the release of certain inmates to electronic monitoring after they have served 120 days of their sentence. The Board will consider these offenders under the normal guidelines that apply to the screening process.

Inmates released under this section shall remain on electronic monitoring for at least 90 days or until their transfer eligibility date, whichever is sooner.

Act 679 of 2005

Offenders held in the Department of Correction (ADC), other than those excluded below, shall be eligible for early release to a transitional housing facility, or an equivalent entity, licensed by the Department of Community Correction (ACC) up to one (1) year prior to the offender's date of eligibility for parole or transfer. An offender's home or the residence of an offender's family member shall not be considered a transitional housing facility for the purposes of this program.

Offenders released under this program must reside at an approved transitional housing facility until they reach their parole or transfer eligibility date.

It is determined that there is a reasonable probability that an offender within one (1) or more of the following categories cannot be placed in a transitional housing facility under the provisions of this program without posing a detriment to the community or themselves. Therefore an offender is wet ineligible for this program if:

In accordance with A.C.A. § 12-27-127, the Board may release from incarceration an inmate who has been:

The Board shall engage in a coordinated program of discharge planning to ensure the effective and efficient reentry of inmates in to society. At least 120 days before an inmate's anticipated release date, Board shall work with the ADC and the ACC to complete a prerelease assessment and reentry plan. The Chair of the Board shall designate 1 or more members of the Board or support staff to monitor this process and ensure that all stipulated programs and conditions of release are made a part of the reentry plan.

Supervision of parolees is done on behalf of the Board, by the Department of Community Correction. In consultation with the Board, ACC is authorized to establish written policies and procedures for the supervision of parolees. The supervision of parolees shall be based on evidenced-based practices including a validated risk/needs assessment. Decisions shall target the parolee's criminal risk factors with appropriate supervision and treatment designed to reduce the likelihood to reoffend. Further guidance for parole supervision can be found in Arkansas Code Ann. § 16-93-712

Every parolee, 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.

Every inmate receives a written copy of his/her supervision conditions from the Parole/Probation Officer and signs that they understand their release conditions. A Parole/Probation Officer may request that a supervision condition be amended or removed entirely. All requests for the amending or removal of a condition must be made in writing to the Board. Any request for exemption of a special condition must be approved by the Board.

At any time during a parolee's conditional release, the Board may issue a warrant for the arrest of the parolee for violation of any conditions of release or may issue a notice to appear to answer a charge of a violation. The Board will not issue a notice to appear without an accompanying warrant. The warrant and notice shall be served personally upon the parolee. The warrant shall authorize all officers named therein to place the parolee in custody at any suitable detention facility pending a hearing.

Any Department of Community Correction officer may arrest a parolee without a warrant or may deputize any officer with power of arrest to do so by giving the officer a written statement (or white warrant) setting forth that the parolee, in the judgment of the Department of Community Correction officer, violated conditions of the parolee's release. The written statement (or white warrant) delivered with the parolee by the arresting officer to the official in charge of the detention facility to which the parolee is brought shall be sufficient warrant for detaining the parolee pending disposition.

An inmate or his/her attorney may request reconsideration of any parole decision of the Board within sixty days of the official vote of the Board. The request must be made in writing. Requests for reconsideration may be submitted through the Unit's IRO or to the Board. Only one reconsideration request will be considered by the Board per decision. A request for reconsideration shall only be granted following the affirmative vote of no less than five (5) members of the Board.

Pursuant to A.C.A. § 16-93-206, "the Parole Board shall serve as the revocation review board for any person subject to either parole or transfer from prison. Revocation proceedings for either parole or transfer shall follow all legal requirements applicable to parole and shall be subject to any additional policies, rules, and regulations set by the Board."

The Board's designee for conducting felease preliminary and revocation hearings is the Parole Revocation Judge (PRJ). However, the Board shall retain the right to exercise any authority delegated to the PRJ.

When a parolee has committed a violation (other than those referenced in the following paragraph) that results in a violation report, a warrant is issued when the parolee's presence in the community, pending disposition of a Revocation Hearing, would present unreasonable risks to public or individual safety or when it is very likely that the paroiee will abscond. Supervision officers shall utilize violation reports to provide the information necessary for the Board to determine if these criteria have been met. The officer should compile and submit the violation report within three (3) calendar days of the decision to bring the parolee to a hearing or the offender being arrested on a new charge, unless a waiver of the submission deadline has been granted by the Board or its designee. The Board will review the violation report and issue a warrant only when the aforementioned mentioned criteria is met and within two (3) working days of the Board's receipt of the violation report; excluding, weekends, holidays, and acts of nature. However, the evidence does not need to rise to the same standard of probable cause required for arrest and criminal charges. This does not prohibit the supervision officer from arresting and detaining the parolee with a "white warrant" until the offender's preliminary or full parole revocation hearing or when directed by Board policy to arrest and detain the offender on the Board's warrant.

If a parolee has been charged with a felony involving violence, as defined under § 5-4-501(d)(2) or a felony requiring registration under the Sex Offender Registration Act of 1997, § 12-12-901 et seq. (Refer to Attachment #7), the Board shall issue a warrant for the arrest of the parolee. Supervision officers shall utilize the violation report to provide the information necessary to issue a warrant under this paragraph. The violation report should be received by the Board within 3 (three) calendar days of the offender's arrest; unless a waiver of the submission deadline has been granted by the Board or its designee.

A parolee arrested on a warrant issued under the previous paragraph shall be detained pending a mandatory Revocation Hearing.

When an offender has committed a serious technical violation or a repeated pattern of minor violations, and the parolee meets eligibility requirements established by written policy of the ACC for the Technical Violator Program (TVP), the Board authorizes a supervision officer to prepare a violation report, give notice to the parolee and sanction the offender to the TVP provided the offender knowingly and intelligently signs a hearing waiver.

An offender may knowingly and intelligently waive his/her right to a hearing and be returned to the ADC or placed in an ACC Regional correctional Facility (RCF). A waiver to the ADC or ACC-RCF must be signed by a member of the Board or a Parole Revocation Judge. An offender returned to the ADC on a hearing waiver shall be eligible for release consideration after serving no less than 30 days. An offender placed in an ACC-RCF on a hearing waiver shall be eligible for release consideration after serving no more than six (6) months.

An offender shall be made aware of his/her right to knowingly and intelligently waive his/her right to a hearing prior to the hearing. At this point the offender shall also be made aware of the possible outcomes of a Revocation hearing.

If a hearing waiver is granted, the parolee may subsequently appeal the waiver to the Board. An appeal of a hearing waiver shall be made in the manner listed below. However the filing of an appeal may not suspend the transport of an offender to a residential treatment program or the ADC, ACC-RCF, or TVP.

* The appeal must be made in writing by the parolee or his/her attorney to the Board within thirty (30) days from the date the hearing waiver is signed by the parolee unless the time period or other requirements are waived by the Board.

* In the written appeal, the parolee or his/her attorney may request a general reiew of the hearing waiver only and ask that it be rescinded and a hearing be scheduled. The parolee or his/her attorney should state in the appeal specific reasons for the belief that the hearing waiver should be reversed.

* The appeal shall be presented to the Board as soon as practical after it is received. The Board may request statements in response to the appeal from the PRJ or member of the Board that signed the waiver and/or the parolee's supervising officer.

* A Board member who signs a hearing waiver shall not consider any subsequent appeals of the waiver and/or revocation hearing decision.

Upon the consideration of the waiver appeal, the Board may, by no less than five (5) affirmative votes, order a new Revocation hearing or amend the length of the hearing waiver.

When a new felony is committed and the parolee is not held on a Board-issued warrant, the Board or PRJ may choose to hold or postpone the Revocation Hearing. If the Revocation Hearing is postponed, the Board or PRJ can choose to conduct a hearing later, such as when new violations occur. If postponed and the court sentences the parolee to time at the ADC, the Board processes an administrative revocation (no hearing).

When a parolee receives a new felony conviction and is sentenced to prison, his/her release may be revoked without a hearing. Written notice of this action will be forwarded to the parolee with a copy to the state file, if the parolee'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 there to be a preponderance of the evidence, after a hearing, that the parolee inexcusably violated one or more conditions of release. This finding justifies revocation notwithstanding the lack of a conviction for a criminal offense.

If a parolee is found to have violated a condition(s) of his/her release, the Board or PRJ may still return the parolee to supervision, impose additional conditions of release, order placement in ADC, (or if eligible), ACC-RCF, the Technical Violator's Program, or utilize an appropriate alternative to incarceration. If placement in a facility administered or contracted by ADC or ACC is ordered, immediate transport to the nearest reception/intake facility may also be ordered when space for the offender is available and when authorized in writing by the Chair of the Board

When making a revocation decision, the full range of alternatives to incarceration and available treatment options should be considered, in addition to considering the benefit of incarceration to the offender and the general public. During the hearing, the Board member or designee conducting the hearing may confer with the supervision officer to determine the best course of action for the offender based on the nature of the violation(s), supervision history, and available resources.

If the offender's supervision is revoked, the Board member or PRJ conducting the hearing will complete appropriate sections of the hearing disposition form. The Board member or PRJ will enter the month when the parolee is to be scheduled to appear before the Board using the criteria in the following section. This month is entered even when the parolee is sent to the TVP because the parolee may subsequently be transferred to ADC for disciplinary reasons in which case the date would apply.

On the disposition of revocation hearing form, the Board member or PRJ will indicate the month the parolee will be scheduled for a release hearing. A Board member or PRJ may revoke an offender's release for up to one (1) year provided they are being revoked to the ADC. An offender revoked to an ACC-RCF may only be revoked for up to 6 months.

At a revocation hearing, the Board member or PRJ conducting the hearing must seek and consider evidence that supports or counters the violation charges as well as any extenuating or mitigating circumstances that suggest that the violation does or does not warrant revocation of the parolee's supervision.

The Board member or PRJ conducting the preliminary or revocation hearing must allow the parolee and his/her attorney, when present, to exercise the right to:

Notwithstanding any other policy, rule, or regulation, the Board may establish an intermediate sanctions procedure and grid to guide a member of the Board or PRJ in determining the appropriate response to an alleged violation of conditions of supervision.

Notwithstanding any other policy, rule, or regulation, a member of the Board or PRJ may order the revocation of an offender to an intensified correctional, or Boot Camp, program administered by the ADC. Upon completion of a Boot Camp Program, the offender shall be administratively transferred to supervision in the community. An offender revoked to a Boot Camp program who fails to complete the program, shall not appear before the Board until they have served six (6) months in the ADC. Time served in the program shall not be counted toward determining their length of stay.

Revocation to a Boot Camp Program shall be subject to eligibility guidelines set by the ADC, and only upon certification by the ADC Classification Administrator that the offender meets those eligibility guidelines.

A parole violator may appeal the revocation decision by submitting a written appeal to the Board. Filing of an appeal will not preclude sending the release violator to a residential treatment program or the TVP, ACC-RCF, or ADC. However, the Board or PRJ may choose to suspend sending the violator to the residential treatment facility, TVP, ACC-RCF, or ADC when the Board or PRJ is aware of an appeal or intent to appeal, and if the violator has not yet been taken to the TVP, ACC-RCF, or ADC.

An appeal of release revocation or the placement of additional conditions is made in the following manner:

Clemency means kindness, mercy, forgiveness and leniency. Executive Clemency is sometimes referred to in this section as "clemency."

Executive Clemency is the process through which the Governor considers requests for granting reprieves, commutations of sentence and pardons after conviction and considers requests to remit (forgive) fines and forfeitures.

A reprieve is a temporary relief from or postponement of execution or criminal punishment or sentence. A reprieve is merely a stay (delay) of the execution of the sentence for a certain time period which is typically given to allow an offender an opportunity to reach an agreement on a change to the imposed sentence.

A respite is a temporary suspension of the execution of a sentence.

Commutation means a permanent change of sentence or punishment such as changing a death sentence to a life sentence without parole. Commutations are usually requested by incarcerated persons. Incarcerated persons submit requests through the IRO.

A pardon request asks that a criminal record be removed from the public record. A pardon is usually requested by a person who is no longer incarcerated. Persons who are not incarcerated submit applications directly to the ACC IRS office in Pine Bluff where background information is gathered.

All requests are then forwarded to the Board for investigation. After the investigation, the Board provides a report and recommendation to the Governor. Important guidance about the executive clemency process can be found in the following sections, in attachment 1, on the application form, and in supplemental guidance published in a governor's memo.

The Arkansas Constitution, Article 6, Section 18, gives the Governor pardoning power as follows:

"In all criminal and penal cases, except in those of treason and impeachment, the Governor shall have power to grant reprieves, commutations of sentence and pardons after conviction; and to remit fines and forfeitures under such rules and regulations as shall be prescribed by law. In cases of treason he shall have power, by and with the advice and consent of the Senate, to grant reprieves and pardons; and he may, in the recess of the Senate, respite the sentence until the adjournment of the next regular session of the General Assembly. He shall communicate to the General Assembly at every regular session each case of reprieve, commutation or pardon, with his reasons therefore, stating the name and crime of the convict, the sentence, its date and the date of the commutation, pardon or reprieve."

The eligibility criteria for the various forms of executive clemency are listed on the applications. A person who is incarcerated may request an application form from IRO unless the applicant has a pending clemency request. The incarcerated person must return the completed application to the IRO. Once an application is submitted for screening and/or consideration, the process cannot be interrupted.

For persons who are not currently incarcerated, an application form can be obtained from, and completed applications sent to, the Arkansas Department of Community Correction, Institutional Release Services; 2801 South Olive, Suite 6-D, Pine Bluff, Arkansas 71601.

Applications for commutations and pardons may also be obtained from the Board's office during normal business hours or from their website. Applications obtained from the Board must still be sent to ACC IRS for processing.

Inmates serving a death penalty must file an application for executive clemency as described in the application form. Further information on the application process can be found on pages 19 of this manual.

An application for executive clemency must set forth the grounds upon which the pardon or commutation is sought. Following are examples of grounds upon which an application may be filed:

An application for executive clemency will be considered as having been filed when it is received by ACC IRS. The address is on the application form.

In addition to any other requirements, the Executive Clemency Coordinator will solicit the written or oral recommendations from the sentencing court the prosecuting attorney, and the sheriff of the county from which the person was committed.

If the inmate is serving a sentence for capital murder (Ark. Code Ann. § 5-10-101 and 5-4-607(a)(1)) or a Class Y, Class A, or Class B felony, 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 who presided over the proceedings at which the applicant was found guilty and sentenced or his/her successor.

If the inmate is serving a sentence for capital murder (Ark. Code Ann. § 5-10-101), the application will also be published by the Executive Clemency Coordinator by placing two insertions, separated by a minimum of seven (7) days, in a newspaper of general circulation in the county in which the applicant committed the offense.

For crimes described in this section, the Executive Clemency Coordinator will send notification of the person's application to the victim(s) (or the victim(s)' next-of-kin), at their last known address(es), when the victim/next-of-kin has registered to receive such notices. The notice will solicit a written or oral recommendation.

The Executive Clemency Coordinator will use eOMIS to ask the Parole/Probation Officer to prepare a field report. As part of a field report, the officer contacts the prosecuting attorney and asks whether there are any victims or next-of-kin who have requested notification (and checks eOMIS for this information). If there are, the officer sends them notification of the clemency application and informs the Executive Clemency Coordinator of this action. When the suspense date for comments has passed, the Executive Clemency Coordinator assembles a file and sends it to the Board for consideration.

At leas five (5) Board members will individually screen each clemency application. Board members will vote to recommend whether the clemency application is with or without merit or to schedule the person for a hearing before the Board (a hearing is required for death sentence cases). Five (5) affirmative votes shall be required to issue a recommendation or to schedule a hearing. A member of the Board may request supplemental information or take other reasonable actions to ensure a complete investigation prior to making a decision. All Executive Clemency applications shall be returned to ACC IRS once the Board has finalized its decision

If a hearing is granted, the Executive Clemency Coordinator will notify the victim(s) of the crime, or the victim's' next-of-kin, and will ask the IRO to schedule a hearing at least 30 days from the time notice of the hearing was given to the victims(s) of the crime, or the victim's' next-of-kin.

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, reports from law enforcement, a presentence report and any documentary evidence presented by the applicant or other interested persons, including the victims(s) of the crime, or the victim's' next-of-kin. On the basis of this information, the Board will vote (1) to recommend that the application is with merit, or (2) to recommend that the application is without merit. If the Board recommends that the application is with merit, it may specify the nature and terms of the commutation being recommended. There are some differences in this process for inmates sentenced to death, as described in the "Supplemental Guidance Pertaining to Death Sentence Cases" paragraph.

In death sentence cases, executive clemency requests must be in the time period described on the application form. When the Governor sets an execution date, the Institutional Release office will cause to be sent to the inmate and the inmate's attorney of record certified letters informing them that an application for executive clemency must be filed no later than 40 days prior to the scheduled execution date. Executive clemency requests filed late will not 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 40 days from the scheduled date of execution, with the day preceding the scheduled date of execution being counted as day 1. If the 40th day is a Saturday, Sunday, or holiday, an application filed on the next business day will be accepted.

At least 30 days prior to the execution date, the Board, with a quorum of members present, must conduct a hearing with the inmate who has submitted an executive clemency request. Additional instructions can be found within the attachment section of this manual. In clemency death sentence cases, a hearing is mandatory.

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 (Ark Code Ann. § 16-93-204). All applications for executive clemency considered by the Board, with the non-binding recommendation will be forwarded to the Governor for final action.

There is no appeal of the Board's recommendation. There is no appeal of the Governor's decision. When the situation merits a new clemency application may be submitted, subject to the statutory timeframes listed in this manual.

In order to ensure effective oversight of agency operations, the Chairman may establish certain committees comprised of members of the Board which shall monitor operational areas and/or address certain issues. Members of the Board's support staff may be invited to provide information at the request of a committee. However, only members of the Board shall have the ability to vote in a committee meeting.

Committees of the Board shall be designated as either 'Standing" or 'Special." The formation, scope, and membership of Standing Committees are established by the provisions of this Manual and may only be altered following the policy revision process outlined in the "Policy Manual Availability and Review" section of this Manual. The Board Chair may refer issues to a Standing Committee not specially listed in its mission and/or scope but which are related to its subject matter. Appointments to Standing Committees shall occur during the same February meeting as the election of Vice-Chair and Secretary. Special Committees may be established at the discretion of the Board Chairman. The scope, duration, and membership of Special Committees shall be limited by the discretion of the Board Chair.

The following are Standing Committees of the Board:

Fiscal Committee - This committee is responsible for monitoring the fiscal activities of the Board and ensuring that appropriate fiscal controls are in place. It is also responsible for making policy recommendations to the Chairman regarding budget, procurement, inventory control, and other related functions. Three (3) working days prior to the last Board meeting in a calendar month, the Board's fiscal officer, or another designated employee, shall file with the Board Chair and Fiscal Committee Chair a report detailing the previous month's expenditures. That same report shall be presented at the upcoming

Board Meeting. The report shall contain expenditures by General Ledger Code and provide the remaining fund balance(s) at the end of the reporting period. The Chairman may also direct the Fiscal Committee to review budget requests prior to submission for executive and legislative approval. Membership of the Fiscal Committee shall consist of no less than (3) three Board members but no more than four (4) Board members appointed by the Chair. One of the members must be the Board's Vice-Chair who shall Chair the Fiscal Committee.

Personnel Committee - This committee is responsible for reviewing and recommending changes to agency personnel policies to include but not limited to changes in the Board's Employee Manual and applicable Administrative Directives. The Personnel Committee Chair is responsible to for coordinating an annual review of the Employee Manual and reporting the findings of that review to the Chair, this committee may review applicants for vacant positions within the agency and make hiring/promotion recommendations to the Chair. The Chair may also direct the Personnel Committee to review personnel requests prior to submission for executive and legislative approval. Membership of the Personnel Committee shall consist of no less than (3) three Board members but no more than four (4) Board members appointed by the Board Chair. One of the members must be the Board's Secretary who shall Chair the Personnel Committee.

The Chair may submit budget and personnel request to the full Board for review and approval prior to submission for executive and legislative approval, without first referring them to a Committee.

However, nothing in this Manual, or a related policy, shall be interpreted to limit the ability of the Chair to submit budget and personnel requests for executive and legislative approval without the review and approval of the full Board.

All committees shall meet at the call of the Committee Chair, Board Chair, or a majority of the Committee's membership. Committee Chairs are required to provide adequate notice to the Administrative Services Section of their committee's meeting schedule to allow for the required public notification. Committee Chairs are also responsible for filing a written summary of their meetings with the Administrative Services Section. No committee action shall be considered final until it has been ratified by the Chair or Full Board in accordance with applicable State law and Board policy.

The Chair shall serve as an ex-officio member on all committees.

The Chair of the Board shall:

All ADC and ACC officials have a legal duty to grant to Board members and properly accredited Board 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 ADC or ACC, and to provide any information deemed pertinent by the Board in determining whether a person shall be released.

Board members may seek legal advice from the ACC Staff Attorney or an assigned attorney at the State Attorney General's Office. The State Attorney General will represent the Board when required.

A person sentenced to the Department of Correction under Act 378 of 1975, as amended (Ark Code Ann. § 16-93-501 et seq.), shall receive an expungement of his/her records by the following process:

After the person discharges the entire sentence imposed by the Court, a report will be submitted by the ADC to the Board Chairperson. After reviewing the information, the Chairperson shall approve an expungement, if required by law.

Upon approval, the Chairperson, or their designee, shall complete a Certificate of Expungement, which shall be forwarded to the person by the ADC staff.

The ADC 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.

The Board will not authorize a parolee to participate in any Law Enforcement Undercover Operation. However, the ACC Director may authorize parolee participation in undercover investigations in a manner consistent with ACC policy.

In addition to related tasks described elsewhere in this manual, other agencies accomplish the following tasks in support of the Board's mission.

The agency to which an offender is committed (ADC or ACC) will promptly inform every registered victim and next-of-kin of the offender's estimated date of release from incarceration, as well as each of the following events:

* An escape from a correctional facility or community program;

* A recapture;

* A decision of the Governor to commute the sentence or to pardon;

* A release from incarceration and any conditions attached to the release; and

* The offender's death

The Chairperson will ensure staff has adequate equipment and space with appropriate privacy as necessary for the effective and efficient processing of business.

The Chairperson must accomplish the following:

The Board must have a budget system which links continuing basis agency functions and activities to the costs necessary for their support. There must be a clearly defined budget which provides for personnel, operating, and travel costs sufficient for the operation of the Board. The Chair must ensure the budgetary process includes financial controls and monitoring of expenses. The Chair must ensure a detailed budget request is submitted and must participate in the legislative budget allocation process. Pursuant to A.C.A. § 16-93-201 the Chair may permit the Board to review and approve budget and personnel requests prior to submission for executive and legislative approval.

The Chair has the following additional administrative responsibilities:

The Chairperson will from time to time assess the staffing mix to determine it reasonably matches the local population in terms of racial mix, thereby meeting or exceeding the intent of the affirmative action program. When necessary, deficiencies will be documented and an affirmative action plan will be put in place. Pay rates will also be assessed to ensure they compare favorably with comparable positions in the community.

Parole Revocation Judges must have a minimum of a Juris Doctorate unless there is documented justification of experience that can be reasonably substituted. At least 2/3 of the Parole Revocation Judges must have at 3 or more years experience in a criminal justice or juvenile justice experience, or equivalent experience in a relevant profession

The Board will gather data throughout the year from such sources as eOMIS. At least annually the Board will review and analyze the parole decision-making, statistical, and research data.

Consistent with confidentiality requirements, the Chairperson or his/her designee will collaborate with criminal justice and human service agencies on programs of information gathering, exchange, and standardization, including national data collection efforts.

Board and staff members and external research professionals are encouraged to conduct research.

Board members and designated staff will work with researchers in deciding which questions should be addressed, which data should be gathered, and how data should be presented.

The Board Chairperson must review and approve all research study plans before implementation. This review should ensure the privacy interests of offenders and other parties for the cases understudy are protected.

The Board Chairperson and others involved in parole decision-making will use statistical and research data among other factors in making decisions and policy development.

The Board and staff will use the eOMIS as a key element in their research and decision-making system.

The Board will collect data for outcome measures by using eOMIS or other means. Outcome measures may be based on ACA recommendations, the uniform parole reporting system, or internally developed data elements. As part of this process, the Chairperson or designated staff members will obtain information from eOMIS at least quarterly.

Custom reports, to display eOMIS data suitable for outcome measures and special studies, may be requested from the ACC Research and Evaluation section.

The Chairperson will ensure results of significant research projects are provided to the appropriate staff and others. Additionally, copies will be made available to the public upon request.

Beginning October 1, 2011, the Board shall file, in an electronic format, a monthly report to the Chairs of the House and Senate Judiciary Committees, the Legislative Council, the Board of Corrections, the Governor's Office, and the Commission on Disparity in Sentencing. This report shall contain the number of persons who make application for parole and those who are granted or denied parole during the previous month for each criminal offense classification, a breakdown by race of all persons sentenced in each criminal offense classification, the reason for each denial of parole, the results of the risk-needs assessment, and the course of action that accompanies each denial pursuant to § 16-93-615(a)(2)(B)(ii). A copy of this report shall be provided to the Board at its next regular meeting following the filing of the report.

Beginning October 1, 2015, the Chairman, on behalf of the Board, shall quarterly, and electronically, file with the Legislative Council a report containing all new and revised administrative directives issued in the previous quarter by:

Attachment 2

ARKANSAS PAROLE BOARD

POLICIES AND PROCEDURES FOR EXECUTIVE CLEMENCY APPLICATION

BY PERSONS SENTENCED TO DEATH