Victim input hearings, statements, and letters
Effective Jan 25, 2026Ark. R. 2026-7 (eff. January 25, 2026)Arkansas Code § 16-93-1812; Arkansas Code § 16-93-619; Arkansas Code § 16-93-713
(a) The victim input hearing provides the opportunity for a victim of discretionary offenses or nontarget offenses to state concerns regarding the transfer of the inmate as follows:
(1) The Post-Prison Transfer Board shall conduct a victim input hearing to permit a victim or victim’s next of kin to present:
- (A) An oral victim input statement; or
- (B) A written victim input letter;
(2) The statement or letter may address concerns of:
- (A) The effects of the crime;
- (B) The circumstances surrounding the crime;
- (C) The manner in which the crime was perpetrated; and
- (D) The reasons for the victim’s opposition to the inmate’s transfer;
- (3) A victim or victim’s next of kin who desires to attend a victim input hearing will provide a current email address, mailing address, and telephone number to the board;
- (4) The board will notify the victim or victim’s next of kin of the date, time, and location of the victim input hearing;
- (5) The victim input hearing should occur prior to the adoption and ratification of the board decision; and
(6) The victim input hearing shall have the following restrictions:
- (A) There will be one (1) victim input hearing session per inmate transfer hearing pursuant to Arkansas Code §§ 16-93-615(b)(6)(B)(ii), 16-93-703(b), and 16-93-1810(c)(2)(B);
- (B) Other than board staff, only the victim, the victim’s next of kin, and a reasonable number of persons of support may attend;
- (C) There will be a reasonable time allowed for the victim input hearing;
- (D) The information, notes, and recordings of the victim input hearing are confidential;
- (E) The victim input hearing may be conducted in person or by telephone conference;
- (F) The inmate shall not attend the victim input hearing; and
- (G) The victim input hearing will be conducted at a different time and location that is separate from the inmate transfer hearing.
(b) The victim input letter described in this section may be:
- (1) Provided by the victim, the victim’s next of kin, or the victim’s supporters for the board’s consideration prior to making a transfer decision;
- (2) In addition to, or in lieu of, oral victim input statements at a victim input hearing; and
- (3) Sent to the victim input coordinator of the board at the current mailing address or email address listed on the board’s website.
- (c) A victim input letter written by the victim is privileged and shall not be disclosed, directly or indirectly, to any person except as authorized in Arkansas Code § 16-90-1113.
- (d) The victim or the victim’s next of kin may designate a person to speak on behalf of the victim or the victim’s next of kin in the event the victim or victim’s next of kin is not available, willing, or able to appear at the victim input hearing.