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INMATE TIME COMPUTATION |
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The Arkansas Department of Correction uses eOMIS Electronic Offender Management Information System to calculate time for inmates. eOMIS is programmed to calculate sentence time and transfer eligibility based upon applicable Arkansas law and automatically updates offender sentence time and transfer eligibility whenever revisions to sentences are recorded. The Arkansas Sentencing Commission determines the guidelines for transfer eligibility. eOMIS also tracks good-time classification of inmates and computes any good time earned accordingly. The good-time classification system places inmates in Class I, II, III or IV status. If eligible, Class I earns 30 days good time credit per month. Class II earns 20 days credit per month; Class III earns 10 days credit per month; and Class IV does not earn any good time. All inmates are placed in Class II status when they arrive at ADC. Thereafter, through good behavior and a positive work ethic an inmate may achieve a promotion in class as determined by the Unit Classification Committee. Disciplinary court decides when class should be reduced due to behavioral problems or disciplinary convictions. |
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TRANSFER ELIGIBILITY |
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Four Levels of Release Eligibility |
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One of the duties of the Arkansas Sentencing Commission is to establish transfer eligibility for offensesand offenders. The Commission has set the transfer eligibility line between seriousness levels six and seven. As a general rule, an offenders sentenced to a term of incarceration for offenses above the line must serve one-half of his sentence before he is eligible for transfer. An offenders sentenced for offenses below the line must serve one-third of his sentence before he is eligible for transfer. Also, there are statutory overrides which affect transfer eligibility. The four levels of transfer eligibility are listed below.
- One-Half: A person sentenced to ADC for a felony ranked in seriousness levels seven through ten on the Seriousness Reference Table will become eligible for transfer to community supervision after serving one-half (1/2) of his or her sentence with credit for meritorious good time.
- One-Third: A person sentenced to ADC for a felony ranked in seriousness levels one through six on the Seriousness Reference Table will become eligible for transfer to community supervision after serving one-third (1/3) of his or her sentence with credit for meritorious good time.
- 100% Time Served - Statutory Override: Any person who commits a violent felony offense or any felony sex offense subsequent to August 13, 2001, and who has previously been found guilty of or pleaded guilty or nolo contendere to any violent felony offense or any felony sex offense shall not be eligible for release on parole by the Parole Board. For purposes of this section, a violent felony offense or any felony sex offense means those offenses listed in A.C.A. § 5-4-501(d)(2). In other words, an offender who is guilty of a violent or sexual felony offense must serve 100% of his time if this is his second or subsequent violent or sexual offense. See A.C.A. § 16-93-609.
- When an offender has been committed to the ADC for a violent or sexual felony offense, ADC personnel run a criminal background check. After verifying that he or she has a previous conviction which falls under A.C.A. § 5-4-501(d)(2), ADC will automatically set the time to serve at 100%. Since this is an eligibility issue and not a sentence enhancement, it does not have to be alleged on the Criminal Information or noted on the Order.
- 70% Parole Eligibility - Statutory Override: For certain offenses, an offenders is required to serve 70% of his sentence before reaching transfer eligibility. These offenses are: Murder in the first degree, § 5-10-102; Kidnapping, Felony Class Y, § 5-11-102; Aggravated robbery, § 5-12-103; Rape, § 5-14-103; Causing a catastrophe, § 5-38-202; Manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401; Trafficking methamphetamine, § 5-64-440(b)(1); or Possession of drug paraphernalia with the purpose to manufacture methamphetamine, the former § 5-64-403(c)(5). Attempt, conspiracy, or solicitation to commit one of these offenses is not subject to 70% parole eligibility. Please note: Act 570 of 2011 removed Possession of drug paraphernalia with the purpose to manufacture methamphetamine, now codified at A.C.A. § 5-64-443(b), from 70% parole eligibility. Offenders sentenced under the former § 5-64-403(c)(5) are still subject to 70% parole eligibility.
- Only the methamphetamine offenses are qualified for consideration of the award of meritorious good time credits. However, in no event shall the time served by any person who is found guilty of or pleads guilty or nolo contendere to one of these methamphetamine offenses be reduced to less than 50% of the person's sentence. ADC time computation cards will still reflect 70% transfer eligibility status, but the transfer eligibility date will be calculated on the projected earned good time. Offenders sentenced to CCC via judicial transfer for drug related crimes that are target offenses are still subject to 70% parole eligibility with good time that will not reduce time served to less than 50% of their original sentence. See A.C.A. § 16-93-618 and the former A.C.A. § 16-93-611.
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