(a) Option to waive.

1. (1) Prior to the revocation hearing, the offender shall be offered the option to:

   1. (A) Waive the revocation hearing; and
   2. (B) Agree to a term of incarceration that is dependent on the facts surrounding the violation or violations of the conditions of post-release supervision.
2. (2) The offender shall be informed of the possible outcomes of the revocation hearing.

3. (3) The offender must:

   1. (A) Voluntarily and intelligently agree to waive his or her right to the revocation hearing; and
   2. (B) Attest that the decision to waive was not the result of any:

(i) Threats;

1. (ii) Promises; or

   1. (iii) Form of coercion.

(b) Right to appeal waiver. If a revocation hearing waiver is granted, the offender may subsequently appeal the waiver to the Post-Prison Transfer Board according to the process outlined in 16 CAR § 22-501 et seq.

1. (c) Felony charge waiver. A revocation waiver hearing must be conducted by the revocation hearing judge or the designee of the board if:

2. (1) The board determines that the offender has been charged with a:

   1. (A) Felony involving violence as defined in Arkansas Code § 5-4-501(d)(2), except capital murder or murder in the first degree; or
   2. (B) Felony requiring registration under the Sex Offender Registration Act of 1997, Arkansas Code § 12-12-901 et seq., except capital murder or murder in the first degree as referenced in Arkansas Code § 16-93-705(a)(1)(B)(i).

3. (2) For crimes committed on or after January 1, 2025, the board determines that the offender has been charged with a:

   1. (A) Felony ineligible to receive earned release credits as defined in Arkansas Code § 16-93-1802, except capital murder or murder in the first degree; or

   2. (B) Restricted release felony, as defined in Arkansas Code §§ 16-93-1802 and 16-93-1908(a)(1)(B)(i), except capital murder or murder in the first degree.

      1. (d) Waiver not available. If the board determines that the offender has been charged with capital murder or murder in the first degree, waiver of the revocation hearing is not available.