Ark. Code Ann. § 16-93-715 (2026)
Revocation — Technical conditions violations and serious conditions violations
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If a parolee is subject to a parole revocation hearing under this subchapter for a technical conditions violation or a serious conditions violation, the parolee is subject to confinement for the following periods, subject to subdivision (a)(2)(A) of this section, before being released and returned to parole supervision:
- Up to ninety (90) days' confinement for a technical conditions violation; and
- Exactly one hundred eighty (180) days' confinement for a serious conditions violation.
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- A period of confinement under subdivision (a)(1) of this section may be reduced by the Division of Correction or the Division of Community Correction for good behavior and successful program completion.
- A period of confinement shall not be reduced under subdivision (a)(2)(A) of this section for more than fifty percent (50%) of the total time of confinement ordered to be served.
- Any time in custody for which the person is held before a period of confinement is ordered to be served under subdivision (a)(1) of this section shall not be credited to the overall period of confinement ordered under subdivision (a)(1) of this section.
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If a parolee is subject to a parole revocation hearing under this subchapter for a technical conditions violation or a serious conditions violation, the parolee is subject to confinement for the following periods, subject to subdivision (a)(2)(A) of this section, before being released and returned to parole supervision:
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- Except as provided for in subdivision (b)(2) of this section, if a parolee is subject to a revocation hearing under this subchapter or an administrative parole sanction for a technical conditions violation or a serious conditions violation, the parolee is subject to confinement according to the time periods set out in § 16-93-712(d) and subdivision (a)(1) of this section without having his or her parole revoked.
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- A parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction for the next violation of his or her parole if the parolee has been confined six (6) times under § 16-93-712(d).
- After a parolee has been confined two (2) times under subdivision (a)(1) of this section for any combination of a technical conditions violation or serious conditions violation for any period of time, the parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction for the next violation of his or her parole.
- A parolee is subject to having his or her parole revoked and being returned to the Division of Correction or the Division of Community Correction under this section without having been sanctioned for a period of confinement set out under § 16-93-712(d) or subdivision (a)(1) of this section if the Parole Board determines by a preponderance of the evidence that the parolee is engaging in or has engaged in behavior that poses a threat to the community.
- The location of the appropriate confining facility in which a parolee serves a period of confinement under this section shall be determined by the Board of Corrections.
- A period of confinement that a parolee serves as a result of being arrested for a parole violation but before being administratively sanctioned shall not count as a period of confinement for the purposes of the aggregate number of periods of confinement under this section.
- Noncompliance with Division of Correction or Division of Community Correction program requirements or violent or sexual behavior while confined for a technical conditions violation or serious conditions violation under this section may result in revocation of the parolee's parole for a period of time exceeding the limitations of subdivision (a)(1) of this section, up to and including the time remaining on the person's original sentence.
History. Acts 2017, No. 423, § 23; 2019, No. 910, §§ 933-935.
Amendments. The 2019 amendment substituted “Division of Correction” for “Department of Correction” and “Division of Community Correction” for “Department of Community Correction” throughout the section.
Effective Dates. Acts 2017, No. 423, § 37: “(a) Sections 16 through 23 of this act are effective on and after October 1, 2017. (b) Section 15 of this act is effective on and after January 1, 2018.”
Subchapter 8 — Parole — Work-Release
16-93-801 — 16-93-806. [Repealed.]
Publisher's Notes. This subchapter, concerning parole and work-release, was repealed by Acts 1993, Nos. 532 and 550, § 9. The subchapter was derived from the following sources:
16-93-801. Acts 1983, No. 230, § 7; 1985, No. 1071, § 2; A.S.A. 1947, § 43-2841; Acts 1987, No. 904, § 3.
16-93-802. Acts 1983, No. 230, § 8; A.S.A. 1947, § 43-2842.
16-93-803. Acts 1983, No. 230, §§ 1-3; 1985, No. 1071, § 1; A.S.A. 1947, §§ 43-2835 — 43-2837; Acts 1987, No. 904, § 1; 1989, No. 434, § 1; 1991, No. 583, § 1.
16-93-804. Acts 1983, No. 230, § 4; A.S.A. 1947, § 43-2838; Acts 1987, No. 904, § 2.
16-93-805. Acts 1983, No. 230, § 5; A.S.A. 1947, § 43-2839.
16-93-806. Acts 1983, No. 230, § 6; A.S.A. 1947, § 43-2840.
For current law, see § 16-93-1201 et seq.
Subchapter 9 — Uniform Act for Out-of-State Parolee Supervision
16-93-901 — 16-93-903. [Repealed.]
Publisher's Notes. This subchapter, concerning out-of-state parolee supervision, was repealed by Acts 2001, No. 253, § 1. The subchapter was derived from the following sources:
16-93-901. Acts 1937, No. 172, § 1; Pope's Dig., § 5400; A.S.A. 1947, § 43-2816.
16-93-902. Acts 1937, No. 172, § 2; A.S.A. 1947, § 43-2817n.
16-93-903. Acts 1937, No. 172, § 3; Pope's Dig., § 5402; A.S.A. 1947, § 43-2817.
For current law, see § 12-51-101 et seq.
Subchapter 10 — Community Service Work — Acts 1989, No. 957
16-93-1001 — 16-93-1004. [Repealed.]
Publisher's Notes. This subchapter, concerning community service work — Acts 1989, No. 957, was repealed by Acts 2011, No. 570, § 105. The subchapter was derived from the following sources:
16-93-1001. Acts 1989, No. 957, § 1.
16-93-1002. Acts 1989, No. 957, § 2.
16-93-1003. Acts 1989, No. 957, § 6.
16-93-1004. Acts 1989, No. 957, §§ 3, 4; 1991, No. 545, §§ 1, 2.
Subchapter 11 — Community Service Work — Acts 1989, No. 613
16-93-1101 — 16-93-1105. [Repealed.]
Publisher's Notes. This subchapter, concerning community service work — Acts 1989, No. 613, was repealed by Acts 2011, No. 570, § 106. The subchapter was derived from the following sources:
16-93-1101. Acts 1989, No. 613, § 1.
16-93-1102. Acts 1989, No. 613, § 2.
16-93-1103. Acts 1989, No. 613, § 3.
16-93-1104. Acts 1989, No. 613, § 4; 1991, No. 542, § 5.
16-93-1105. Acts 1989, No. 613, § 5.
Subchapter 12 — Community Correction
Effective Dates. Acts 1995, No. 577, § 6: Mar. 9, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the inmate transfer provisions of Arkansas Code 16-93-206 and 1301 expire on April 1, 1995; that those provisions should continue in effect until April 1, 1997; that this act so provides; and that unless this act goes into effect immediately it will not be effective until after the expiration of those provisions. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1995, No. 1170, § 13: Apr. 11, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that confusion exists regarding the status of ineligible offenders judicially transferred to Department of Community Punishment facilities; that there is an immediate need to clarify the law applicable to transferring ineligible offenders back to the Department of Correction; and that it is in the best interest of the courts which already have crowded documents to immediately reduce the reporting requirements for departure sentences. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 2005, No. 186, § 3: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the United States Supreme Court has held that the federal sentencing guidelines are unconstitutional; that the voluntary presumptive standards of the State of Arkansas may be challenged as unconstitutional; and that this act is immediately necessary in order to confirm that the sentencing guidelines, as originally enacted, are advisory. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2005.”
Acts 2013, No. 1460, § 17. Effective on and after January 1, 2014.
Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.
Research References
U. Ark. Little Rock L.J.
Legislative Survey, Criminal Procedure, 16 U. Ark. Little Rock L.J. 99.