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Current as of March 28, 2024 | Updated by Findlaw Staff
(a)(1) A risk and needs assessment that evaluates and quantifies the inmate's risk to reoffend following release shall inform the transfer determination, along with other relevant information.
(2) If transfer to post-release supervision is granted, the risk and needs assessment under this section and other relevant information shall be used to set the conditions for post-release supervision.
(b)(1) Review of an inmate's appropriateness for transfer to post-release supervision is based on rules and policies adopted by the Post-Prison Transfer Board and the board shall conduct a risk and needs assessment review as a part of the review of the inmate's appropriateness for transfer to post-release supervision.
(2) The rules and policies adopted by the board under subdivision (b)(1) of this section shall include without limitation:
(A) A provision for notification of the victim or his or her next of kin that a hearing shall be held under this section;
(B) A requirement for keeping a record of the proceedings; and
(C) A list of the criteria upon which a denial may be based.
(c) In order to prepare applications for post-release supervision transfer consideration, the board shall:
(1) Begin transfer proceedings for post-release supervision or a preliminary review for post-release supervision under this subchapter no later than six (6) months before an inmate's post-release supervision transfer eligibility date; and
(2) Authorize procedures for jacket review, as defined in § 16-93-101, no later than six (6) months before an inmate's post-release supervision transfer eligibility.
(d) The transfer review for post-release supervision may be conducted without a hearing when:
(1) The inmate has not received a major disciplinary report;
(2) There has not been a request by a victim or his or her next of kin to have input on post-release supervision transfer conditions; and
(3) There is no indication in the risk and needs assessment review under this section that special conditions need to be placed on the inmate.
Cite this article: FindLaw.com - Arkansas Code Title 16. Practice, Procedure, and Courts § 16-93-1807. Risk and needs assessment to be considered--Release without a hearing - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-93-1807/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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