The Arkansas Post-Prison Transfer Board
Arkansas Post-Prison Transfer Board: Overview and Functions
The Arkansas Post-Prison Transfer Board plays a crucial role in the state's criminal justice system, focusing on the reintegration of offenders into society while ensuring public safety. The Board's primary mission is to facilitate a successful transition from incarceration to responsible community living through supervised conditional release. This process not only benefits the individual offender but also contributes to the overall safety and well-being of the community.
The Arkansas Post-Prison Transfer Board is guided by a framework of public accountability, which necessitates a careful evaluation of the potential risks associated with releasing an offender. Key legislative criteria inform the Board's decisions, including assessing the risk of re-offense and the readiness of the offender for rehabilitation and reintegration. This dual focus ensures that the community's safety is prioritized while offering offenders a fair chance to rebuild their lives.
The Clemency Process in Arkansas
The Arkansas Post-Prison Transfer Board also reviews applications for clemency, including pardons, commutations, and reprieves. Clemency is a form of executive mercy that can result in reduced sentences or pardons, effectively removing a criminal record from public view. Grounds for clemency include correcting a judicial error, addressing life-threatening medical conditions, reducing excessive sentences, and recognizing exemplary behavior in prison.
The clemency process involves thorough investigation and review by at least four Board members. Each member evaluates the file and votes on whether to grant a hearing or recommend clemency. The Board's recommendation is then submitted to the Governor, who has the final authority to grant or deny clemency.
Current Post-Prison Transfer Board Members
The Board comprises seven full-time members appointed by the Governor and confirmed by the Senate. Each member serves a seven-year term, with terms staggered to ensure continuity. Current members include:
John Felts, Commissioner
Lana McCastlain, Chairwoman
Wendy Ryals, Secretary
Brett Morgan, Vice Chair
Andy Shock, Commissioner
Doug Smith, Commissioner
Willie Robinson, Commissioner
Post-Prison Transfer Board Operations and Responsibilities
The Arkansas Post-Prison Transfer Board holds open meetings to discuss parole cases, ensuring transparency in its operations. Inmate interviews, however, may be closed to protect sensitive information. For parole decisions, a quorum of four members is required, and all cases reviewed by a single member must be reviewed by the full Board for final agreement.
The Board also oversees the supervision of parolees, ensuring compliance with the conditions of their release. Parolees must adhere to specific conditions, such as maintaining employment, reporting to their supervising officer, and avoiding illegal activities. Failure to comply can result in revocation of parole and re-incarceration.
Supervision and Compliance
Parolees receive a written copy of their supervision conditions and must comply with all terms. These conditions include regular reporting to a supervising officer, maintaining employment or education, adhering to residence and travel restrictions, obeying all laws, and abstaining from controlled substances and excessive alcohol use. The Arkansas Post-Prison Transfer Board also reserves the right to conduct searches of the parolee's residence or vehicle if there is reasonable suspicion of a violation.
Executive Clemency and the Governor's Role
The Arkansas Constitution grants the Governor the power to issue executive clemency, including reprieves, commutations, and pardons, except in cases of treason and impeachment. The Governor's decisions are informed by the Arkansas Post-Prison Transfer Board's recommendations and the results of thorough investigations into each application.
Examples of grounds for filing an application are 1) to correct an injustice that may have occured during the person's trial, 2) a life-threatening medical condition, 3) to reduce an excessive sentence, or 4) if the person's institutional adjustment has been exemplary and the ends of justice have been achieved.
At least four Board members will individually review each clemency file and vote to recommend that clemency be granted, denied, or to schedule an hearing (a hearing is required for death sentence cases). After the review/hearing, the Board will submit to the Governor its recommendation, a report of the investigation, and any other information regarding the applicant.
In conclusion, the Arkansas Post-Prison Transfer Board plays a vital role in balancing the goals of public safety and offender rehabilitation. Through a meticulous evaluation process and a commitment to transparency and accountability, the Board works to ensure that parole decisions are fair and just, ultimately contributing to the betterment of both the offenders and the community.
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 Board of Parole 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
You 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 Board of Parole. This includes submitting to any rehabilitative, medical, or counseling programs deemed appropriate by the Board of Parole 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
You 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
Please join us in this crucial advocacy effort by signing and sharing Jerry Herron’s petition on Change.org. Your support can make a significant difference in Jerry's life and help promote a more just and humane criminal justice system in Arkansas and beyond. Together, we can work towards a future where second chances are possible, and justice is truly served.
Follow us on Social Media.
Follow, like and share Jerry’s Facebook group and content on social media pages for updates and more information about events, hearings, and how you can help spread the word.