(a) When an inmate is terminally ill or permanently and irreversibly incapacitated, as defined in Arkansas Code § 12-29-404, the inmate may be considered for transfer subject to the following criteria:

1. (1) An inmate is determined terminally ill or permanently incapacitated by a Department of Corrections’ physician and a consulting physician in Arkansas; and
2. (2) The Director of the Division of Correction or the Director of the Division of Community Correction has communicated a request to the Post-Prison Transfer Board to consider for transfer.

(b)

1. (1) Upon receipt of the communication in subdivision (a)(2) of this section, the board shall determine whether the inmate is eligible for immediate transfer pursuant to this section.
2. (2) If the board finds that the inmate's physical condition makes the inmate no longer a threat to public safety, the board may approve the inmate for immediate transfer.

(c) An inmate is not eligible for transfer to supervision under this section if the inmate is required to register as a sex offender under the Sex Offender Registration Act of 1997, Arkansas Code § 12-12-901 et seq., and:

1. (1) The inmate is assessed as a Level 3 offender or higher; or
2. (2) A victim of one (1) or more of the inmate's sex offenses was fourteen (14) years of age or younger.