(a) Notices for public officials and victims for discretionary offenses and nontarget offenses.

1. (1) Before the Post-Prison Transfer Board grants transfer for an inmate whose offense is a discretionary offense committed prior to January 1, 2025, or a felony that is a nontarget offense committed on or after January 1, 2025, the board or its designee shall send notification of the transfer hearing and solicit a recommendation from the following:

   1. (A) Public officials of the county from which the inmate was committed, pursuant to Arkansas Code §§ 16-93-1810(a)(1) and 16-93-615(b)(6)(A)(i), including:

(i) Committing court;

1. (ii) Prosecuting attorney; and

   1. (iii) County sheriff; and
   2. (B) The victim of the crime or the victim’s next of kin unless the prosecuting attorney has notified the board at the time of commitment that the victim or the victim’s next of kin does not desire to be notified of future transfer hearings pursuant to Arkansas Code §§ 16-93-1810(b)(1), 16-93-615(b)(6)(A)(ii).

2. (2)

   1. (A) The board considers recommendations from public officials, victims, or victim’s next of kin.
   2. (B) Recommendations are not binding upon the board in the granting of any transfer but are maintained in the inmate case file pursuant to Arkansas Code §§ 16-93-615(b)(6)(A)(iii) and 16-93-1810(b)(2).

(b) Notices for victims of nondiscretionary offenses and target offenses.

1. (1) Before the board grants transfer for an inmate whose nondiscretionary offense was committed prior to January 1, 2025:

   1. (A) The board or its designee shall send notification of the transfer hearing to the victim or the victim’s next of kin who has informed the board of the wish to be consulted at the time of sentencing pursuant to Arkansas Code § 16-93-615(c)(2)(A); and
   2. (B) The board or its designee shall not send notification of the transfer hearing to the victim or the victim’s next of kin who does not so inform the board of the wish to be consulted at the time of sentencing pursuant to Arkansas Code § 16-93-615(c)(2)(B).

2. (2) Before the board grants transfer for an inmate whose target offense was committed on or after January 1, 2025:

   1. (A) The board or its designee shall send notification of the transfer hearing to the victim or the victim’s next of kin who has informed the board of the desire to be consulted in writing at the time of sentence pursuant to Arkansas Code § 16-93-1806(c)(2)(A); and
   2. (B) The board or its designee shall not send notification of the transfer hearing to the victim or the victim’s next of kin who does not so inform the board of the desire to be consulted at the time of sentence pursuant to Arkansas Code § 16-93-1806(c)(2)(B).

3. (3)

   1. (A) The board considers recommendations from victims or victim’s next of kin.

   2. (B) However, recommendations are not binding upon the board in the granting of any transfer but are maintained in the inmate case file pursuant to Arkansas Code §§ 16-93-615(c)(3)(B) and 16-93-1806(c)(3)(B).

      1. (c) The victim or the victim’s next of kin who no longer wishes or desires to be notified of transfer hearings may provide notice to the victim witness coordinator at the Department of Corrections at the current mailing address or email address listed on the department website.
      2. (d) The victim or the victim’s next of kin shall not attend the inmate transfer hearing.