Transfer criteria for board consideration
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 Post-Prison Transfer Board considers key factors reflecting best practices in transfer decision-making that:
- (1) Use research-supported factors as criteria;
- (2) Use relevant policy considerations that are consistent with laws and policies governing transfer decisions;
- (3) Ensures that board members consider evidence-based factors in determining transfer suitability; and
(4) Employs a structured professional judgment model that in no way limits the discretion of the board but is intended to:
- (A) Improve transparency in decision making;
- (B) Improve public confidence in transfer; and
- (C) Assist inmates in understanding any changes that are needed to improve the likelihood of future positive transfer decisions.
(b) The board utilizes a validated risk-needs assessment:
- (1) Pursuant to Arkansas Code §§ 16-93-211(c), 16-93-615(i), 16-93-701(b)(1), 16-93-1807, and 16-93-1811(e);
- (2) As a starting point in the process of making transfer decisions; and
- (3) In conjunction with the criteria described in this section.
- (c) The risk-needs assessment and the criteria considered by the board utilize static and dynamic information that has been shown to predict and reduce the likelihood to reoffend.
(d) The board reviews the inmate case file and considers the following evidence-based criteria:
- (1) Criminal and supervision history factors that occurred prior to the index offense;
- (2) Self-control history factors that occurred prior to and during the index offense;
- (3) Program responsivity factors that occurred since the index offense;
- (4) Institutional and community behavior factors that occurred since the index offense;
- (5) Prosocial development factors that occurred since the index offense;
- (6) Release plan factors; and
- (7) Special considerations factors unique to the inmate’s case which were not previously considered that might influence or affect the risk to reoffend.
(e) The board considers policy-related factors which include:
- (1) Statements from victims as set out in 16 CAR §§ 23-302 and 23-303;
- (2) Statements from public officials as set out in 16 CAR § 23-302;
- (3) Youth offending factors as set out in 16 CAR § 23-401;
- (4) Elderly transfer considerations as set out in 16 CAR § 23-402;
- (5) Terminally ill or permanently incapacitated individuals as set out in 16 CAR § 23-403; and
- (6) Detriment to the community criteria as set out in 16 CAR § 23-101.
- (f) After consideration of the inmate case file, the risk-needs assessment, the evidence-based criteria, and any policy-related factors, the board will grant or deny transfer as set out in 16 CAR § 23-307.