Transfer of inmate whose crime was committed as a minor
Effective Jan 25, 2026Ark. R. 2026-7 (eff. January 25, 2026)Arkansas Code § 16-93-619
(a) A person who was a minor at the time of committing an offense before, on, or after March 20, 2017, and sentenced to the Division of Correction is eligible for transfer in accordance with the following:
- (1) In which the death of another person did not occur is eligible no later than after twenty (20) years of incarceration, pursuant to requirements outlined in Arkansas Code § 16-93-621(a)(1);
- (2) In which the death of another person occurred is eligible no later than after twenty-five (25) years of incarceration if convicted of murder in the first degree, Arkansas Code § 5-10-102, pursuant to requirements outlined in Arkansas Code § 16-93-621(a)(2); or
- (3) In which the death of another person occurred is eligible no later than after thirty (30) years of incarceration if convicted of capital murder, Arkansas Code § 5-10-101, pursuant to requirements outlined in Arkansas Code § 16-93-621(a)(3).
(b) In addition to reviewing the factors as set forth in 16 CAR § 23-306, the Post-Prison Transfer Board shall:
- (1) Take into account how a minor is different from an adult offender;
- (2) Provide the inmate a meaningful opportunity to be transferred based on demonstrated maturity and rehabilitation; and
(3) Consider the following factors listed in Arkansas Code § 16-93-621(b)(2):
- (A) The diminished culpability of minors as compared to that of adults;
- (B) The hallmark features of youth;
- (C) Subsequent growth and increased maturity of the person during incarceration;
- (D) Age of the person at the time of the offense;
- (E) Immaturity of the person at the time of the offense;
- (F) The extent of the person's role in the offense and whether and to what extent an adult was involved in the offense;
- (G) The person's family and community circumstances at the time of the offense, including any history of abuse, trauma, and involvement in the child welfare system;
- (H) The person's participation in available rehabilitative and educational programs while in prison, if those programs have been made available, or use of self-study for self-improvement;
- (I) The results of comprehensive mental health evaluations conducted by an adolescent mental health professional licensed in the state at the time of sentencing and at the time the person becomes eligible for parole or transfer to post-release supervision under this section; and
- (J) Other factors the board deems relevant.
- (c) Prior to the board decision, the board or its designee will provide notice to the victim or the victim’s next of kin in accordance with 16 CAR § 23-302.
- (d) Upon completion of the processes set forth in 16 CAR § 23-301 et seq., the board will adopt and ratify the final board decision.