Ark. Code Ann. » Title 16 Chapter 90
Arkansas Code Annotated

Ark. Code Ann. § 16-90-122 (2026)

Post-conviction release of nonviolent offenders

✓ current as of May 2026
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  1. Except as provided in subsection (b) of this section, any circuit judge may authorize the temporary release of an offender in the county sheriff's custody who has:
    1. Been found guilty of or pleaded guilty or nolo contendere to a nonviolent felony offense in circuit court; and
    2. Been sentenced to a term of imprisonment and committed to the Division of Correction or the Division of Community Correction and is awaiting transfer to the Division of Correction or the Division of Community Correction.
  2. A circuit judge shall not authorize the temporary release of an offender under subsection (a) of this section if the offender has been found guilty of or pleaded guilty or nolo contendere to a:
    1. Class Y felony offense listed in § 16-93-618; or
    2. Felony sex offense listed in the definition of “sex offense” in § 12-12-903.
    1. The circuit judge may authorize the release under the terms and conditions that he or she determines are necessary to protect the public and to ensure the offender's return to custody upon notice that bed space is available at the Division of Correction or the Division of Community Correction.
    2. The circuit judge may require a cash or professional bond to be posted in an amount suitable to ensure the offender's return to custody.

History. Acts 2005, No. 1261, § 1; 2007, No. 279, § 1; 2011, No. 570, § 77; 2019, No. 910, §§ 863, 864.

A.C.R.C. Notes. Acts 2011, No. 570, § 1, provided: “The intent of this act is to implement comprehensive measures designed to reduce recidivism, hold offenders accountable, and contain correction costs.”

Amendments. The 2011 amendment substituted “§ 16-93-618” for “§ 16-93-611” in (b)(1).

The 2019 amendment substituted “Division of Correction” for “Department of Correction” and “Division of Community Correction” for “Department of Community Correction” throughout (a)(2) and in (c)(1).

Case Notes

Applicability.

Allowing defendant's release on a bed-space bond was erroneous because the release of offenders was only allowed if they were nonviolent in nature; defendant pled guilty to two counts of unlawful discharge of a firearm from a vehicle, which was a crime of violence under § 5-74-103. State v. Britt, 368 Ark. 273, 244 S.W.3d 665 (2006).

Because defendant was not “in custody” at the time defendant violated the conditions of defendant's release on bond under subdivision (a)(2) of this section, the circuit court erred in denying defendant's motion for directed verdict on defendant's conviction for second-degree escape under § 5-54-111(a)(2). Magness v. State, 2012 Ark. 16, 386 S.W.3d 390 (2012).

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2006–2021 · leading case: Magness v. State, 386 S.W.3d 390 (Ark. 2012).
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Magness v. State, 386 S.W.3d 390 (Ark. 2012). · cites it 18× “Ark.Code Ann. § 16-90-122. The statute clearly contemplates a temporary release of the offender, which may be subject to obtaining a bond, and a subsequent return to custody.”
State v. Britt, 244 S.W.3d 665 (Ark. 2006). · cites it 10× “The circuit court also ordered Britt to be released pursuant to Act 1261 of 2005, now codified at Ark. Code Ann. § 16-90-122 (Repl. 2006), which allows nonviolent offenders to be temporarily released from custody on a bed-space bond until bed space is available in the Arkansas…”
Calvin Kentra Marshall v. State of Arkansas, 2021 Ark. App. 346 (Ark. Ct. App. 2021). · cites it 2× “See Ark. Code Ann. § 16-90-122 (Supp. 2021). We agree that an appeal of this ruling would be wholly without merit.”
— Ark. Code Ann. § 16-90-122(a) — 1 case
Magness v. State, 386 S.W.3d 390 (Ark. 2012). “Ark.Code Ann. § 16-90-122. The statute clearly contemplates a temporary release of the offender, which may be subject to obtaining a bond, and a subsequent return to custody.”
— Ark. Code Ann. § 16-90-122(c)(1) — 1 case
Magness v. State, 386 S.W.3d 390 (Ark. 2012). “Ark.Code Ann. § 16-90-122. The statute clearly contemplates a temporary release of the offender, which may be subject to obtaining a bond, and a subsequent return to custody.”
— Ark. Code Ann. § 16-90-122(c)(2) — 1 case
Magness v. State, 386 S.W.3d 390 (Ark. 2012). “Ark.Code Ann. § 16-90-122. The statute clearly contemplates a temporary release of the offender, which may be subject to obtaining a bond, and a subsequent return to custody.”
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