Ark. Code § 16-93-1810

Current with legislation from 2024 Fiscal and Special Sessions.
Section 16-93-1810 - Notices required for hearings on transfer to post-release supervision
(a)
(1) Before the Post-Prison Transfer Board grants a transfer of an inmate to post-release supervision, the board shall solicit the written recommendations of the committing court, the prosecuting attorney, and the county sheriff of the county from which the inmate was committed.
(2) Notification of the committing court, the prosecuting attorney, county sheriff, and the victim or the victim's next of kin for an inmate under sentence for an offense governed by this section shall follow the procedures stated in this section.
(b)
(1) If the inmate whose transfer to post-release supervision is being considered by the board is under sentence for a felony other than a felony in the target group as defined in § 16-93-1202, the board shall also notify the victim of the offense or the victim's next of kin of the transfer hearing and shall solicit written recommendations from the victim or his or her next of kin regarding the granting of the transfer unless the prosecuting attorney has notified the board at the time of commitment of the inmate that the victim or his or her next of kin does not desire to be notified of future transfer hearings.
(2) The written recommendations received under subdivision (b)(1) of this section are not binding upon the board in the granting of any transfer to post-release supervision but are maintained in the inmate's record.
(3) When soliciting written recommendations from a victim of an offense, the board shall notify the victim or his or her next of kin of the date, time, and place of the transfer hearing.
(c)
(1) The board shall not schedule transfer hearings at which victims or the next of kin of victims of offenses are invited to appear at a facility where inmates are housed other than the Department of Corrections Headquarters building in North Little Rock.
(2) The board may conduct transfer hearings in two (2) sessions:
(A) One (1) session at the place of the inmate's incarceration with the inmate, the inmate's witnesses, and correctional facility personnel; and
(B) One (1) session for victims and the next of kin of victims as stated in this section.
(d)
(1) At the time that any inmate eligible for transfer to post-release supervision under this section is transferred by the board, the Division of Community Correction shall give written notice of the granting of the transfer to post-release supervision to the:
(A) County sheriff;
(B) Prosecuting attorney of the judicial district;
(C) Committing court; and
(D) Chief of police of each city of the first class of the county from which the inmate was sentenced.
(2) If the inmate is transferred to a county other than the county from which he or she was committed, the board shall give notice to the chief of police or marshal of the city or town to which the inmate is transferred and to the county sheriff and prosecuting attorney of the county from which the inmate was committed.
(e)
(1) The prosecuting attorney of the county from which the inmate was committed shall notify the board at the time of commitment of the desire of the victim or his or her next of kin to be notified of any future transfer hearings and to forward to the board the last known address and telephone number of the victim or his or her next of kin.
(2) It is the responsibility of the victim or his or her next of kin to notify the board of any change in address or phone number.
(3) It is the responsibility of the victim or his or her next of kin to notify the board after the date of commitment of any change in regard to the desire to be notified of any future transfer hearings.

Ark. Code § 16-93-1810

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.