(a) The Post-Prison Transfer Board shall conduct an inmate transfer hearing:

1. (1) For any felony offense that is:

   1. (A) A discretionary offense committed prior to January 1, 2025, listed in Arkansas Code § 16-93-615(b)(1) or Arkansas Code § 5-4-104(c)(2);
   2. (B) Committed on or after January 1, 2025, that is a mandatory hearing offense (MHO);
   3. (C) Committed by an offender who received a sentence to a period of incarceration for an offense committed while the offender was on supervision; and

2. (2) If there are recommendations for any of the following:

   1. (A) Detriment to the community or the transfer-eligible inmate;
   2. (B) Denial; or
   3. (C) Special conditions pursuant to Arkansas Code §§ 16-93-615(a)(1)(D) and 16-93-1807(d).

(b) The board may conduct a transfer screening and make a recommendation for board decision without an inmate transfer hearing when:

1. (1)

   1. (A) The offense was committed:

(i) Prior to January 1, 2025 and is not a discretionary offense; or

1. (ii) On or after January 1, 2025 and is not a mandatory hearing offense (MHO); and

   1. (B) Pursuant to Arkansas Code §§ 16-93-615(a)(1)(D) and 16-93-1807(d):

      1. (i) The inmate has not received a major disciplinary report;
      2. (ii) There has not been a request by a victim or a victim’s next of kin to have input on post-release supervision transfer conditions; and
      3. (iii) There is no indication during the risk-needs assessment review that special conditions need to be placed on the inmate;
2. (2) An inmate is housed in county jail and meets the criteria set out in subdivision (b)(1) of this section and meets criteria found in Arkansas Code § 16-93-710(a)(2);
3. (3) An inmate is recommended for the community corrections reentry program by the Division of Community Correction pursuant to 16 CAR § 23-405; or

4. (4) An inmate waives the inmate transfer hearing in writing.

   1. (c) The board has discretion to schedule an inmate transfer hearing for an inmate who is otherwise eligible for a transfer screening.