(a) The Post-Prison Transfer Board decisions include, without limitation, the following:

1. (1) Transfer;
2. (2) Denial;
3. (3) Deferral; and
4. (4) Rescission.

(c) Transfer.

1. (1) Transfer of an inmate will be granted when all the following have occurred:

   1. (A)

(i) The concurring vote of at least five (5) members of the board to transfer the inmate is adopted and ratified by the board; or

1. (ii) A prescribed course of action is successfully completed prior to transfer by the inmate;

   1. (B) The Department of Corrections’ release processes have been completed, including:

      1. (i) Records clearance; and
      2. (ii) Approval of release plan;

   2. (C) The board has stipulated standard conditions and any special conditions deemed necessary subject to the following:

      1. (i) Prior to transfer, the inmate will be provided with a notice of the stipulated conditions pursuant to Arkansas Code §§ 1693-615(a)(2)(B)(i) and 16-93-1808(b)(1).
      2. (ii) The conditions of supervision may be modified by the board at any time during the offender’s period of supervision; and
      3. (iii) Sex offenders that are placed in the Sex Offender Aftercare Program (SOAP) will have additional conditions stipulated by the board after being assessed for and admitted to SOAP pursuant to Arkansas Code §§ 16-93-615, 16-93-712, 16-93-1808, and 16-93-1811;
   3. (D) The board has adopted and ratified the transfer decision as described in 16 CAR § 23-308;
   4. (E) Every inmate while on supervision shall remain in the legal custody of the Division of Correction under the supervision of the Division of Community Correction and subject to the orders of the board pursuant to Arkansas Code § 16-93-615(g), 16-93-616(a)(3), 16-93-701(b)(3), 16-93-1811(d), and 16-93-1903(b)(4);
   5. (F) Transfer is not an award of clemency, and it shall not be considered as a reduction of a sentence or a pardon pursuant to Arkansas Code §§ 16-93-615(f) and 16-93-1811(c); and

   6. (G) Transfer for a discretionary offense is not automatic, but subject to the discretion of the board pursuant to Arkansas Code § 16-93-615(b)(2).

      1. (d) Denial.

2. (1) For nondiscretionary offenses the board may deny transfer:

   1. (A) Accompanied with a prescribed course of action to be undertaken by the inmate to rectify the board's concerns pursuant to Arkansas Code § 16-93-615(a)(2)(B)(ii); or
   2. (B) If the board determines the inmate would be a detriment to the community or the inmate pursuant to Arkansas Code §§ 16-93-101, 16-93-211(c)(2), 16-93-701(a)(1), 16-93-714 and 16-93-1903(a)(1)(A).

3. (2) For discretionary offenses that occur prior to January 1, 2025, and for all offenses that occur on or after January 1, 2025, the board may deny transfer:

   1. (A) For a period of up to two (2) years pursuant to Arkansas Code §§ 16-93-615(b)(5) and 16-93-1808(b)(3);
   2. (B) Accompanied with a prescribed course of action to be undertaken by the inmate to rectify the board's concerns pursuant to Arkansas Code § 16-93-1808(b)(2)(A); or
   3. (C) If the board determines the inmate would be a detriment to the community or the inmate pursuant to Arkansas Code §§ 16-93-101, 16-93-211(c)(2), 16-93-701(a)(1), 16-93-714, and 16-93-1903(a)(1)(A).

(e) Deferral. The board may defer transfer:

1. (1) When the inmate has a current charge pending outcome in a state or federal court;
2. (2) Until the board has reviewed and confirmed the completion of a prescribed course of action; or
3. (3) For such other reasons as deemed necessary by the board.

(f) Rescission. The board may rescind its decision to transfer if, during the period of time between the inmate transfer hearing, or transfer screening, and the date of transfer:

1. (1) The inmate receives a disciplinary;
2. (2) The inmate’s behavior classification negatively changes;
3. (3) New pertinent information is discovered that, if considered at the time of the transfer hearing, or transfer screening, the board would not have made the board decision to transfer; or
4. (4) For good cause as determined by the board.