As used in this part:

1. (1) “Board” or “Post-Prison Transfer Board” means the state agency described in Arkansas Code § 16-93-201 that serves as the releasing authority for any person subject to either parole or post-release supervision;
2. (2) “Board decision” means the adopted and ratified results of the vote of the Post-Prison Transfer Board concerning an inmate;
3. (3) "Case plan" means an individualized plan developed by the Department of Corrections that identifies the available programs or meaningful activities that address the needs of an inmate and reduce an inmate's risk to reoffend as described in Arkansas Code § 12-29-902;
4. (4) “Community supervision officer” means an employee of the Division of Community Correction who is tasked with the supervision of offenders transferred to post-release supervision as defined in Arkansas Code § 16-93-1902;
5. (5) “Conditions” means any standard conditions and any special conditions imposed by the Post-Prison Transfer Board on inmates and offenders;
6. (6) “Court-imposed post-release supervision” means a period of post-release supervision imposed by the trial court for any defendant sentenced to a felony ineligible to receive earned release credits or a restricted release felony who has not been sentenced to the statutory maximum for the offense pursuant to Arkansas Code § 5-4-104(c)(1)(C);

7. (7) "Criminogenic needs" means those factors which are static and dynamic personal and situational characteristics that increase the risk of criminality and reoffending as described in Arkansas Code §§ 16-93-101 and 5-4-101 which include without limitation, the following risk factors:

   1. (A) Antisocial personality;
   2. (B) Criminal thinking;
   3. (C) Criminal associates;
   4. (D) Dysfunctional family;
   5. (E) Low levels of employment or education; and
   6. (F) Substance abuse;

8. (8) “Detriment to the community” means a person as defined in Arkansas Code § 16-93-101 who has:

   1. (A) Demonstrated a pattern of behavior that indicates disregard for the safety and welfare of others;
   2. (B) Exhibited violence or repeated violent tendencies;
   3. (C) Been convicted of a felony involving violence, as defined under Arkansas Code § 5-4-501(d)(2); or

   4. (D) During the three (3) calendar years before the person's parole or post-release supervision hearing:

      1. (i) Demonstrated a documented lack of respect for authority towards law enforcement or prison officials while in the custody of the Division of Correction, the Division of Community Correction, or a law enforcement agency; or
      2. (ii) Accrued multiple disciplinary violations while in the custody of the Division of Correction, the Division of Community Correction, or a law enforcement agency, including at least one (1) disciplinary violation involving violence or sexual assault while in the custody of the Division of Correction, the Division of Community Correction, or a law enforcement agency;
9. (9) “Discretionary offense” means any felony offense committed prior to January 1, 2025, listed in Arkansas Code § 5-4-104(c)(2) or Arkansas Code § 16-93-615(b);
10. (10) “Earned release credits” or “ERC” means days for which an inmate may accrue time towards transfer upon award by the Post-Prison Transfer Board;
11. (11) “Evidence-based practices” means policies, procedures, programs, and practices proven by scientific research to reliably reduce the likelihood to reoffend as described in Arkansas Code § 16-93-101;
12. (12) “Felony ineligible to receive earned release credits” means a felony offense for which a person is not eligible for release until one hundred percent (100%) of the sentence imposed by the sentencing court has been served as defined in Arkansas Code § 16-93-1802;
13. (13) “Inmate” means a person who is confined to a correctional institution administered by the Department of Corrections or a person who is otherwise confined but subject to the authority of Department of Corrections as described in Arkansas Code § 16-106-201(2);
14. (14) “Inmate case file” means any and all records or information pertaining to an inmate retained by the Department of Corrections;

15. (15) “Inmate transfer hearing” means an in-person hearing conducted by one (1) or more Post-Prison Transfer Board members or designees for the purpose of:

    1. (A) Making a recommendation for board decision;
    2. (B) Allowing a transfer-eligible inmate to present in-person testimony; and
    3. (C) Allowing testimony of witnesses on behalf of the transfer-eligible inmate;
16. (16) “Jacket review” means the review of the inmate case file of a transfer-eligible inmate by an individual staff member or team of staff members of the Division of Community Correction for purposes of preparing the inmate's application for transfer as described in Arkansas Code § 16-93-101;

17. (17) “Mandatory hearing offense” or “MHO” means any offense that is:

    1. (A) A restricted release felony;
    2. (B) A felony ineligible to receive earned release credits; or
    3. (C) Any offense that has been designated by the Post-Prison Transfer Board to require an inmate transfer hearing or revocation hearing;
18. (18) “Nondiscretionary offense” means any felony offense committed before January 1, 2025, except those listed in Arkansas Code §§ 5-4-104(c)(2) or 16-93-615(b), for which an inmate or offender is serving a sentence;
19. (19) “Nontarget offense” means any offense not listed in Arkansas Code § 16-93-1202(10)(A)(i);
20. (20) “Offender” means a person transferred to post-release supervision as defined in Arkansas Code § 16-93-1902(4);
21. (21) “Parole” means the same as "transfer";
22. (22) “Post-release supervision” means a period of community supervision for an offender after the offender transfers from incarceration as described in Arkansas Code §§ 16-93-614, 16-93-712, and 16-93-1804;
23. (23) "Program” or “programming” means an evidence-based instruction or activity provided to an inmate or offender that targets criminogenic needs as described in Arkansas Code § 12-29-902(2);
24. (24) "Prosocial" means positive behaviors, conduct, activities, efforts, and attitudes that, according to current research, encourage an individual to adhere to societal norms and avoid criminal behavior as described in Arkansas Code §§ 12-29-112(g) and 16-93-101;
25. (25) “Restricted release felony” means a felony offense listed in Arkansas Code § 16-93-1802(2)(B) for which a person is not eligible for transfer until at least eighty-five percent (85%) of the sentence imposed by the sentencing court has been served;
26. (26) “Risk-needs assessment” means a determination of a person's risk to reoffend and the criminogenic needs that, when addressed, reduce the risk to reoffend through the use of a validated actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior as described in Arkansas Code §§ 16-93-101 and 16-93-1807;
27. (27) “Sex offense” means any offense listed in Arkansas Code § 5-4-104(c)(2) or Arkansas Code § 16-90-1101 for which the inmate is required, upon release, to register as a sex offender under the Sex Offender Registration Act of 1997, Arkansas Code § 12-12-901 et seq.;
28. (28) “Special conditions” means the requirements that are above and beyond the standard conditions imposed by the Post-Prison Transfer Board on an offender transferred to post-release supervision and are narrowly tailored and individualized for the specific criminogenic needs and rehabilitation of the offender, and for public safety;
29. (29) “Standard conditions” means the conditions that are applicable to all offenders transferred to post-release supervision as defined by the current written statement of conditions established by the Post-Prison Transfer Board as described in Arkansas Code §§ 16-93-615(d) and 16-93-1811(a);
30. (30) “Target offense” means any offense listed in Arkansas Code § 16-93-1202(10)(A)(i);
31. (31) “Transfer” means movement of an inmate to community supervision;
32. (32) “Transfer-eligible inmate” means an inmate, as determined by the Division of Correction, who has met all criteria to be considered for transfer by the Post-Prison Transfer Board as described in 16 CAR 23-201 et seq.;

33. (33) “Transfer hearing” means proceedings of the Post-Prison Transfer Board for the purpose of making a recommendation for board decision which may include up to two (2) separate sessions pursuant to Arkansas Code §§ 16-93-615(b)(6)(B)(ii), 16-93-703(b), and 16-93-1810(c)(2):

    1. (A) One (1) session for the inmate transfer hearing; and
    2. (B) One (1) session for the victim input hearing; and
34. (34) “Transfer screening” means a review of the inmate case file of a transfer-eligible inmate by the Post-Prison Transfer Board or designee without an inmate transfer hearing for the purpose of making a recommendation for board decision.