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16 CAR § 22-101. Definitions
16 CAR § 22-101. Definitions.
As used in this part:
(1) “Abscond warrant” means a warrant issued by the Post-Prison Transfer Board for the arrest of an offender for a violation of any condition or conditions of post-release supervision that require reporting;
(2) “Administrative revocation” means a process by which an offender who has been convicted of a new felony and is sentenced to a term of imprisonment of twelve (12) months or longer is removed from post-release supervision pursuant to Arkansas Code §§ 16-93-705(f) and 16-93-1908(f);
(3) “Board” means the Post-Prison Transfer Board as defined in Arkansas Code § 16-93-201 and that serves as the revocation review board for any person subject to:
(A) Parole;
(B) Post-release supervision; or
(C) Transfer from prison;
(4) “Board warrant” means a warrant issued by the Post-Prison Transfer Board for the arrest of an offender on post-release supervision pending a revocation hearing;
(5) “Community supervision” means a period of supervision of an offender in the community or from another state by interstate compact and includes without limitation:
(A) Probation;
(B) Parole; and
(C) Post-release supervision;
(6) “Community supervision officer” means an employee of the Division of Community Correction who is tasked with the supervision of:
(A) Offenders released to post-release supervision; or
(B) Persons who otherwise fall under the supervisory authority of the Division of Community Correction;
(7) “Conditions of post-release supervision” means the conditions that are applicable to all offenders transferred to post-release supervision as defined by the current written statement of conditions established by the Post-Prison Transfer Board pursuant to Arkansas Code §§ 16-93-712 and 16-93-1811;
(8) “Department of Corrections” means the Arkansas cabinet-level department defined in Arkansas Code § 12-27-103 responsible for programs of research, evaluation, statistics, audit, and planning, including studies and evaluation of the performance of various functions and activities of the Department of Corrections and studies affecting the treatment of offenders and information about other programs, and means the administrative entity of the state correctional agencies, defined in Arkansas Code § 25-43-402, and includes:
(A) The Arkansas Sentencing Commission, created under Arkansas Code § 16-90-802;
(B) The Arkansas Correctional School District, created under Arkansas Code § 12-29-301;
(C) The Division of Community Correction, created under Arkansas Code § 12-27-125;
(D) The Division of Correction, created under Arkansas Code § 12-27-103;
(E) The Post-Prison Transfer Board, created under Arkansas Code § 16-93-201;
(F) The Arkansas State Council for the Interstate Commission for Adult Offender Supervision, created under Arkansas Code § 12-51-104; and
(G) The Sex Offender Assessment Committee, created under Arkansas Code § 12-12-921;
(9) “Division of Community Correction” means the Arkansas agency responsible for the supervision services of any person subject to:
(A) Adult parole;
(B) Post-release supervision; or
(C) Transfer from prison or from another state by interstate compact;
(10) “Evading” means the action of an offender when he or she avoids contact with a community supervision officer;
(11) “Felony ineligible to receive earned release credits” means a felony offense for which a person is not eligible for release until one hundred percent (100%) of the sentence imposed by the sentencing court has been served;
(12) “Full extradition” means an authorization by warrant for law enforcement to arrest an offender at any time or at any place where he or she may be found within the United States or its territories;
(13)(A) “Interstate compact” means the supervision of an offender from another state who resides in Arkansas or the supervision of an Arkansas offender who resides in another state, authorized by the contracting states to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and, when necessary, return offenders to the originating jurisdictions.
(B) See Arkansas Code § 12-51-101;
(14)(A) “Mandatory revocation hearing” means a hearing that is required to be conducted by the Post-Prison Transfer Board or its designee to decide whether, by a preponderance of the evidence, an offender has inexcusably failed to comply with the conditions of his or her release by committing a felony.
(B) The mandatory revocation hearing includes without limitation the:
(i) Mandatory parole revocation hearing as defined in Arkansas Code § 16-93-705(a)(1)(B)(iii); and
(ii) Mandatory post-release supervision hearing as defined in Arkansas Code § 16-93-1908(a)(1)(B)(ii);
(15) “National Crime Information Center” means a computerized index of criminal justice information that is available to:
(A) Federal, state, and local law enforcement; and
(B) Other criminal justice agencies;
(16) “Notice of Parole Violation Action” means a document that provides notice to an offender on post-release supervision that he or she has allegedly violated conditions of supervision as defined in the current written statement of conditions established by the Post-Prison Transfer Board as referenced in Arkansas Code §§ 16-93-712 and 16-93-705(a)(1)(A)(i);
(17) “Offender” means any person transferred to post-release supervision, including any person subject to either parole or transfer from prison, including without limitation any person referred to as:
(A) Parolee;
(B) Inmate; or
(C) Prisoner;
(18)(A) “Parole” means the release of the prisoner into the community by the Post-Prison Transfer Board prior to the expiration of his or her term subject to conditions imposed by the Post-Prison Transfer Board and to the supervision of the Division of Community Correction, and refers to offenders who committed offenses prior to January 1, 2025.
(B) For the purposes of this part, “parole” is included without limitation in the definition of post-release supervision;
(19) “Post-release supervision” means a period of community supervision for an offender after his or her release from incarceration that includes without limitation:
(A) Parole as referenced in Arkansas Code § 16-93-614 et seq.; and
(B) Post-release supervision as referenced in Arkansas Code § 16-93-1804;
(20) “Request for Parole Action Memorandum” means a request sent by the community supervision officer that notifies the Post-Prison Transfer Board that:
(A) An offender on post-release supervision has a new felony conviction and is sentenced to a term of imprisonment of twelve (12) months or longer; and
(B) The offender’s post-release supervision should be administratively revoked;
(21) “Restricted release felony” means a felony offense for which a person is not eligible for release until at least eighty-five percent (85%) of the sentence imposed by the sentencing court has been served;
(22)(A) “Special conditions of post-release supervision” means the requirements that are above and beyond the standard conditions imposed by the Post-Prison Transfer Board or its designee on every offender transferred to post-release supervision.
(B) The special conditions are determined by the Post-Prison Transfer Board or its designee as deemed necessary based on the specific needs and circumstances of the offender.
(C) The special conditions imposed by the Post-Prison Transfer Board or its designee on the offender shall align with statutory requirements and rules established by the Post-Prison Transfer Board;
(23) “Technical conditions violation” means:
(A) A violation of the conditions of an offender's community supervision that results from a noncriminal act or positive drug screen; or
(B) The parolee's or probationer's absenting himself or herself from supervision for a period of fewer than six (6) months;
(24) “Technical warrant” means a warrant issued by the Post-Prison Transfer Board for the arrest of an offender for a violation of any condition or conditions of post-release supervision;
(25) “Violation report” means a document that lists or describes the conditions of supervision that an offender on post-release supervision has allegedly violated as:
(A) Defined in the current written statement of conditions established by the Post-Prison Transfer Board; and
(B) Referenced in Arkansas Code §§ 16-93-712, 16-93-705(a)(1)(A)(i), 16-93-1811, and 16-93-1908(a)(1)(A);
(26) “Violent Offense Abscond Warrant” means a warrant issued by the Post-Prison Transfer Board pursuant to Arkansas Code § 16-93-1908(a)(1)(B)(i) for the arrest of an offender for a violation of any condition or conditions of post-release supervision that require reporting and includes a:
(A) Felony ineligible to receive earned release credits as defined in Arkansas Code § 16-93-1802(1)(A); or
(B) Restricted release felony as defined in Arkansas Code § 16-93-1802(1)(B); and
(27) “Violent Offense Technical Warrant” means a warrant issued by the Post-Prison Transfer Board pursuant to Arkansas Code § 16-93-1908(a)(1)(B)(i) for the arrest of an offender for a violation of any condition or conditions of post-release supervision that includes a:
(A) Felony ineligible to receive earned release credits as defined in Arkansas Code § 16-93-1802(1)(A); or
(B) Restricted release felony as defined in Arkansas Code § 16-93-1802(1)(B).