Statewide Template for Clemency Suitability in Arkansas
Template for Clemency Suitability in Arkansas
In Arkansas, the Governor and the Arkansas Post-Prison Transfer Board play a crucial role in determining the suitability for time commutation and parole. This process involves a thorough evaluation of various factors to ensure that the decision to grant clemency is made in the best interests of justice and public safety. Below is a guide for decision-makers on assessing clemency applications. This template ensures a comprehensive and standardized evaluation process for clemency applications, time commutation, and parole suitability. It balances the need for justice, rehabilitation, and public safety, providing decision-makers with the necessary tools to make informed and fair decisions.
Case Background
When considering clemency applications in Arkansas, the Post-Prison Transfer Board should meticulously evaluate the background of each case. This comprehensive review should encompass the nature and circumstances of the offense, including a detailed description of the crime and a victim impact statement. Additionally, the legal proceedings related to the case, such as the trial and appeal history, as well as any previous clemency applications, should be thoroughly examined. By taking these factors into account, the Post-Prison Transfer Board can ensure a fair and informed decision-making process that acknowledges the complexities and nuances of each individual case.
Personal Transformation and Rehabilitation
Decision-makers should seek evidence of personal growth and commitment to self-improvement through education, vocational training, and participation in rehabilitation programs. Evaluating an applicant's behavioral record, including disciplinary actions, commendations, and positive reports, alongside completed educational and vocational courses and acquired skills, is crucial. Additionally, successful participation in therapeutic and self-help programs, such as counseling and mental health or substance abuse treatment, indicates an individual's readiness for reintegration into society. These comprehensive rehabilitation efforts are essential indicators of an applicant's potential for successful reentry and should be a pivotal factor in the clemency review process.
Behavioral Record
An applicant's behavior during incarceration is a critical factor. Consistent good behavior, a lack of disciplinary infractions, and positive interactions with prison staff and fellow inmates reflect an individual's respect for rules and authority, and their ability to live responsibly within a structured environment.
Leadership and Postive Influence
Evidence of leadership and the ability to positively influence others within the prison community is highly regarded. This can include mentoring fellow inmates, participating in or leading support groups, & contributing to the overall positive environment within the facility.
Support System and Re-Entry Plan
A solid plan for reentry into society, including a supportive network of family, friends, and community resources, is vital. Decision-makers should assess the applicant’s post-release plans, including housing, job skills and work history, and access to continued education or vocational training. A well-thought-out reentry plan indicates preparedness for a successful transition back into society.
Personal Responsibility and Remorse
Acknowledging past mistakes and demonstrating genuine remorse are essential components of the commutation suitability assessment. Applicants should express a clear understanding of the impact of their actions on victims, families, and the community, and take responsibility for their past behavior.
Risk Assessment
The safety of the community is paramount. Decision-makers must consider risk assessment, past criminal history and patterns, and psychological evaluations to gauge the likelihood of recidivism. Factors such as the nature of the original offense, time served, the likelihood of re-offending and changes in behavior and mindset are critical to take public safety concerns into consideration.
By carefully considering these factors, the Governor of Arkansas and the Arkansas Post-Prison Transfer Board can make informed decisions regarding time commutation and parole. The ultimate goal is to balance justice with compassion, recognizing the potential for human change and the importance of second chances. Supporting deserving individuals like Jerry Herron in their clemency applications not only aids in their personal redemption but also reinforces the values of growth and rehabilitation within our justice system.
Factors Considered in Parole Decisions
The Arkansas Post-Prison Transfer Board evaluates several factors to make informed decisions about parole. These include:
Institutional Adjustment
The offender's behavior and disciplinary record during incarceration.
Previous Release Conduct
Performance in prior release programs like probation, parole, or alternative services.
Risk/Needs Assessment
Results from validated tools that assess the offender's risk and needs.
Substance Abuse
Susceptibility to drugs or alcohol.
Psychiatric Evaluations
When necessary, the Board considers assessments by mental health professionals.
Recommendations
Input from judges, prosecutors, sheriffs, and other interested parties.
Participation in Programs
Involvement in educational, rehabilitation, and work programs within the institution.
Heatlh Status
Both physical and mental health.
Release Plan
The proposed living and working environment for the offender upon release.
Employment History
The offender's work record in prison and if they had any employment before prison.
Criminal History
The nature and frequency of past offenses, both misdemeanors and felonies.
Arkansas Clemency Application - Key Sections
The proposed template serves as a guide for Arkansas decision-makers to systematically assess clemency applications, ensuring each applicant is evaluated fairly based on their rehabilitation efforts, reentry plans, and overall suitability for parole. The inclusion of specific state guidelines and detailed sections ensures that the process remains transparent and just. Read the official Arkansas Clemency Application HERE.
1. Personal Information
Full Name
ADC Number
Date of Birth
Offense(s)
2. Sentence Information
County of Conviction
Date of Sentence
Length of Sentence
3. Reasons for Clemency Request
Detailed Explanation of Reasons
Supporting Documentation (if any)
4. Behavioral Record in Incarceration
Disciplinary Record
Program Participation and Completion
5. Parole Plan
Detailed Reentry Plan
Support Systems and Community Ties
6. Victim Impact
Statement from Victim(s) or Victim’s Family
7. Letters of Support
From Family Members, Community Members and Employers
Arkansas Post-Prison Transfer Board Conditions of Release
The Arkansas Post-Prison Transfer Board evaluates several factors to make informed decisions about releasing inmates back into society on parole. These include:
Reports
You are required to report to your supervising officer within 24 hours of your release. Subsequently, you must report as directed by your supervising officer. All written and oral statements provided to your supervising officer must be truthful.
Weapons
You are prohibited from owning, possessing, using, pawning, selling, or having control over any firearms (including imitations) or other dangerous weapons, and from associating with anyone in possession of such weapons. Additionally, you must not possess any ammunition.
Association
You must not associate with convicted felons, individuals engaged in criminal activities, or other persons your supervising officer instructs you to avoid. (Association with convicted felons at work, in counseling programs, in church, or in other approved circumstances is permitted with specific approval from the Arkansas Post-Prison Transfer Board or your supervising officer).
Search & Seizure
You must consent to search and seizure of your person, residence, and motor vehicles at any time, day or night, with or without a search warrant, by any Department of Community Correction officer.
Employment & Education
1You must maintain approved employment or be enrolled in an approved educational program unless otherwise directed. You need to obtain permission from your supervising officer before quitting your job or educational program. If you lose your job or are terminated from your educational program, you must inform your supervising officer within 48 hours.
Supervision Fees
You must pay a monthly supervision fee unless granted an exemption. Community service work may be required in lieu of paying supervision fees.
Cooperation
You must always cooperate with your supervising officer and the Post-Prison Transfer Board. This includes submitting to any rehabilitative, medical, or counseling programs deemed appropriate by the Board or your supervising officer.
Waiver of Extradition
Accepting conditional release means you agree to waive extradition to the State of Arkansas from any jurisdiction, inside or outside the United States, where you may be found. You also agree not to contest any effort to return you to Arkansas to answer charges of violating any conditions of your release.
Laws
You must obey all federal and state laws, local ordinances, and court orders. Any arrest, citation, or summons must be reported to your supervising officer within 48 hours.
Alcohol & Controlled Substances
You must avoid excessive alcohol consumption, or abstain completely if directed, and stay away from bars, taverns, clubs, and liquor stores. You are prohibited from selling, delivering, possessing, or using controlled substances except those prescribed by a physician. You must submit to random testing for intoxicants and/or controlled substances.
Special Conditions
The Board may impose special conditions that you must comply with, such as participation in mental health, alcohol and/or drug abuse treatment programs, or community service in lieu of supervision fee exemption.
Residence & Travel
1You must get prior approval from your supervising officer before changing your residence, staying away from your approved residence overnight, or leaving your assigned county.
Sign Jerry’s Online Petition
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