Ark. Code Ann. » Title 12 Chapter 30
Arkansas Code Annotated

Ark. Code Ann. § 12-30-401 (2020)

Work and rehabilitative programs — Work-release programs

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. All inmates committed to the Division of Correction for institutional care shall be required to participate in the various work programs to which assigned and may be afforded vocational training and rehabilitative opportunities in accordance with rules and procedures therefor as promulgated by the Director of the Division of Correction with the approval of the Board of Corrections.
  2. The division may institute “work-release” programs under which the inmates selected to participate in the programs may be gainfully employed or attend school outside of the units maintained by the division, under rules promulgated by the director with the approval of the board.

History. Acts 1968 (1st Ex. Sess.), No. 50, § 9; 1971, No. 465, § 1; 1977, No. 482, § 5; 1981, No. 58, § 2; 1983, No. 309, § 1; A.S.A. 1947, § 46-117; Acts 2019, No. 315, § 911; 2019, No. 910, § 828.

Amendments. The 2019 amendment by No. 315 deleted “regulations” following “rules” and made a similar change in (a) and (b).

The 2019 amendment by No. 910 substituted “Division of Correction” for “Department of Correction” twice in (a); and substituted “division” for “department” twice in (b).

Case Notes

Act 814 Participant.

Although the Arkansas legislature's labeling of an Act 814 participant (a work-release participant pursuant to Acts 1983, No. 814, codified as this subchapter) as an “inmate” is not determinative, it does make it reasonable for the Department of Corrections Director, absent authoritative direction to the contrary, to believe that Act 814 status may be more akin to inmate status (deserving of a prison disciplinary hearing before revocation) than to parolee status (deserving of certain other protections before revocation). Jackson v. Lockhart, 7 F.3d 1391 (8th Cir. 1993).

Liberty Interest.

Status in a work-release program is similar to that of parole, and, therefore, the due process clause vests the prisoner with a liberty interest in remaining in the program; accordingly the prisoner is entitled to due process protection for that interest. Edwards v. Lockhart, 908 F.2d 299 (8th Cir. 1990).

Notes of Decisions
Cited in 4 cases, 1993–2015 · leading case: Bowen v. State, 30 S.W.3d 86 (Ark. 2000).
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Bowen v. State, 30 S.W.3d 86 (Ark. 2000). · cites it 2× “2 A 309 prisoner is a prisoner in the custody of the Department of Correction who is on a work-release program with a local law enforcement agency to perform certain chores under the authority of Act 309 of 1983, now codified as part of Ark. Code Ann. §§ 12-30-401 through 407 (R.”
Billy Darlene Jackson v. A. L. Lockhart, 7 F.3d 1391 (8th Cir. 1993). · cites it 2× “Ark. Code Ann. §§ 12-30-401 to -408 (Michie 1987 & Supp.”
Graham v. Norris, 10 S.W.3d 457 (Ark. 2000). · cites it 4× “For example, Ark. Code Ann. § 12-30-401 (1987) 1 prescribed that inmates committed to the Department of Correction for institutional care be required to participate in the various work programs and may be afforded vocational training and rehabilitative opportunities in…”
Jackson v. State, 2015 Ark. App. 164. · cites it 2× “See Ark. Code Ann. § 12-30-401 (Repl. 2009). 2 Cite as 2015 Ark.”
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