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Ark. Code Ann. § 16-93-612

Parole eligibility — Date of offense

Applied in 3 court decisions — leading case Watkins v. Kelley (2018)

Most recently applied in Wendell Rogers v. Wendy Kelley, Director, Arkansas Department of Correction (December 2020)

Acts 2011, No. 570, § 97; 2015, No. 895, § 24; 2017, No. 539, § 9; 2019, No. 910, §§ 912, 913.

(1) A person's parole eligibility shall be determined by the laws in effect at the time of the offense for which he or she is sentenced to the Division of Correction.

(2) For an offender serving a sentence for a felony committed before April 1, 1977, § 16-93-601 governs that person's parole eligibility.

(3) For an offender serving a sentence for a felony committed between April 1, 1977, and April 1, 1983, § 16-93-604 governs that person's parole eligibility.

(4) For an offender serving a sentence for a felony committed on or after April 1, 1983, but before January 1, 1994, § 16-93-607 governs that person's parole eligibility.

(5) For an offender serving a sentence for a felony committed on or after January 1, 1994, § 16-93-614 governs that person's parole eligibility, unless otherwise noted and except: If the felony is murder in the first degree, § 5-10-102, kidnapping, if a Class Y felony, § 5-11-102(b)(1), aggravated robbery, § 5-12-103, rape, § 5-14-103, or causing a catastrophe, § 5-38-202(a), and the offense occurred after July 28, 1995, § 16-93-618 governs that person's parole eligibility;

(6) If the felony is manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401, or possession of drug paraphernalia with the intent to manufacture methamphetamine, the former § 5-64-403(c)(5), and the offense occurred after April 9, 1999, § 16-93-618 governs that person's parole eligibility;

(7) If the felony is battery in the second degree, § 5-13-202, aggravated assault, § 5-13-204, terroristic threatening, § 5-13-301, domestic battering in the second degree, § 5-26-304, or residential burglary, § 5-39-201(a), and the offense occurred on or after April 1, 2015, § 16-93-620 governs that person's parole eligibility; or

(8) If the felony was committed by a person who was a minor at the time of the offense, he or she was committed to the Department of Correction, or to the division, and the offense occurred before, on, or after March 20, 2017, § 16-93-621 governs that person's parole eligibility.

(9) For an offender serving a sentence for a felony committed on or after January 1, 1994, § 16-93-615 governs that person's parole eligibility procedures.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.