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16 CAR § 22-201. Warrant and criteria for arrest of offender
16 CAR § 22-201. Warrant and criteria for arrest of offender.
(a)(1) At any time during an offender’s post-release supervision, the Post-Prison Transfer Board may issue a warrant for the arrest of the offender for the violation of any conditions of post-release supervision as defined by the current written statement of conditions established by the board.
(2) See Arkansas Code §§ 16-93-705(a)(1)(A)(i), 16-93-1908(a)(1)(A), 16-93-712(b)(2), and 16-93-1811.
(b)(1) The Division of Community Correction shall provide the information necessary for the board to issue a warrant.
(2) See Arkansas Code §§ 16-93-705(a)(1)(A)(ii) and 16-93-1908(a)(1)(C).
(c) The information that is provided by the Division of Community Correction will be provided in a violation report or another means as may be stipulated by the board.
(d) The violation report should be received by the board within five (5) business days of the offender’s arrest unless a waiver of the submission deadline has been granted by the board or its designee.
(e) The board will review the violation report and issue a decision within three (3) business days of the board’s receipt of the violation report, excluding:
(1) Weekends;
(2) Holidays; and
(3) Acts of nature.
(f) The evidence provided in the violation report is not required to rise to the same standard of probable cause mandated for arrest and criminal charges.
(g) The board may order the offender to be arrested on the board’s warrant when:
(1) The offender’s presence in the community, pending decision of a revocation hearing, would present unreasonable risks to the public or individual safety;
(2) It is very likely that the offender will abscond; or
(3) It is otherwise directed by board.
(h)(1) An offender arrested on a warrant issued under this section may be held in a county or regional jail pending a revocation hearing.
(2) See Arkansas Code §§ 16-93-705(g) and 16-93-1908(g).
(i) Should the community supervision officer decide not to hold the offender, then the offender will be served a notice to appear for the revocation hearing.
(j) A preliminary hearing is not required when the revocation hearing is conducted within fourteen (14) days after the offender’s arrest.