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16 CAR § 22-303. Revocation hearing decision
16 CAR § 22-303. Revocation hearing decision.
(a) For offenses committed or conditions violated prior to January 1, 2025, the revocation hearing judge shall decide whether, by a preponderance of the evidence, the offender has inexcusably failed to comply with the conditions of his or her release.
(1)(A) The decision may include, without limitation, any of the following:
(i) Reinstatement of supervision;
(ii) Addition of special or modified conditions;
(iii) Deferment until the outcome of the criminal court case;
(iv) Revocation of post-release supervision resulting in incarceration; and
(v) Utilization of an appropriate alternative to incarceration.
(B)(i) Any conditions imposed by the revocation hearing judge shall align with statutory requirements and rules established by the Post-Prison Transfer Board.
(ii) See Arkansas Code §§ 16-93-712 and 16-93-705(c)(4).
(2) Notice of revocation decision.
(A) If the post-release supervision is revoked, the board or its designee shall prepare and provide to the offender, within seven (7) days from the date of the revocation hearing, a written statement of evidence relied on and the reasons for revoking post-release supervision.
(B) See Arkansas Code § 16-93-705(c)(4).
(3) Right to appeal revocation decision. The offender may subsequently appeal the revocation decision to the board according to the process outlined in 16 CAR § 22-401 et seq.
(b)(1)(A) For offenses committed or conditions violated on or after January 1, 2025, the revocation hearing judge shall decide whether, by a preponderance of the evidence, the offender has inexcusably failed to comply with the conditions of his or her release.
(B) See Arkansas Code § 16-93-1908(c)(4).
(2)(A) The decision may include, without limitation, any of the following:
(i) Reinstatement of supervision;
(ii) Addition of special or modified conditions;
(iii) Deferment until the outcome of the criminal court case;
(iv) Revocation of post-release supervision resulting in incarceration; and
(v) Utilization of an appropriate alternative to incarceration.
(B)(i) Any conditions imposed by the revocation hearing judge shall align with statutory requirements and rules established by the board.
(ii) See Arkansas Code § 16-93-1811.
(3)(A) In the event that an offender subject to a term of post-release supervision for a felony ineligible to receive earned release credits or a restricted release felony has his or her post-release supervision revoked, the offender shall return to incarceration for the entire remaining period of imprisonment or post-release supervision assessed by the sentencing court.
(B) See Arkansas Code § 16-93-1908(i).
(4) Notice of revocation decision.
(A) If the post-release supervision is revoked, the board or its designee shall prepare and provide to the offender, within seven (7) days from the date of the revocation hearing, a written statement of evidence relied on and the reasons for revoking post-release supervision.
(B) See Arkansas Code § 16-93-1908(c)(4).
(5) Right to appeal revocation decision. The offender may subsequently appeal the revocation decision to the board according to the process outlined in 16 CAR § 22-401 et seq.