Ark. Code Ann. § 5-4-607 (2026)

1. The pardon of a person convicted of capital murder, § 5-10-101, or of a Class Y felony, Class A felony, or Class B felony, or the commutation of a sentence of a person convicted of capital murder, § 5-10-101, or of a Class Y felony, Class A felony, or Class B felony, may be granted only in the manner provided in this section.
2. 1. A copy of the application for pardon or commutation shall be filed with:
      1. The Secretary of State;
      2. The Attorney General;
      3. The sheriff of the county where the offense was committed;
      4. The prosecuting attorney of the judicial district where the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that prosecuting attorney;
      5. The circuit judge presiding over the proceedings at which the applicant was found guilty and sentenced, if still in office, and, if not, the successor of that circuit judge; and
      6. The victim of the crime or the victim's next of kin, if he or she files a request for notice with the prosecuting attorney.
   2. 1. The application shall set forth a ground upon which the pardon or commutation is sought.
      2. If the application involves a conviction for capital murder, § 5-10-101, a notice of the application shall be published by two (2) insertions, separated by a minimum of seven (7) days, in a newspaper of general circulation in the county or counties where the offense or offenses of the applicant were committed.
3. On granting an application for pardon or commutation, the Governor shall:
   1. Include in his or her written order the reason for the granting of the application; and
   2. File with the House of Representatives and the Senate a copy of his or her written order which shall state the:
      1. Applicant's name;
      2. Offense of which the applicant was convicted and the sentence imposed;
      3. Date of the judgment imposing the sentence; and
      4. Effective date of the pardon or commutation.
4. A person sentenced to death or to life imprisonment without parole is not eligible for parole and shall not be paroled.
5. If the sentence of a person sentenced to death or life imprisonment without parole is commuted by the Governor to a term of years, the person shall not be paroled, nor shall the length of his or her incarceration be reduced in any way to less than the full term of years specified in the order of commutation or in any subsequent order of commutation.
6. A reprieve may be granted as presently provided by law.

History. Acts 1975, No. 280, § 1306; 1977, No. 474, § 13; A.S.A. 1947, § 41-1306; Acts 1991, No. 706, § 1; 1993, No. 741, § 1; 1999, No. 498, § 1; 2001, No. 201, § 1; 2003, No. 1169, § 1; 2005, No. 1975, § 1; 2005, No. 2097, § 1.

A.C.R.C. Notes. This section is set out above as amended by Acts 2005, No. 1975, § 1, which repealed former subsection (d). Former subsection (d) was also amended by Acts 2005, No. 2097, § 1, to read as follows:

“(d)(1) Except as provided in subdivision (d)(3) of this section, any person who has been convicted of capital murder, § 5-10- 101, or of any Class Y or Class A felony, excluding nonviolent offenses under the Uniform Controlled Substances Act, § 5-64-101 et seq., and who makes an application shall not be eligible to reapply for a period of four (4) years after the date of filing of the application that was denied, except that a person whose application was denied by the Governor after receiving a majority vote by the Post Prison Transfer Board in favor of the application is eligible to reapply one (1) year after the date the application was denied by the Governor.

“(2) Any person who made an application for pardon or commutation that was denied on or after July 1, 2004, shall be eligible to reapply for pardon or commutation four (4) years after the date of filing of the application that was denied.

“(3)(A) The Post Prison Transfer Board may waive the waiting period for filing a new application for pardon or commutation described in subdivision (d)(1) of this section if:

“(i) It has been at least twelve (12) months after the date of the filing of the application that was denied; and

“(ii) The Post Prison Transfer Board determines that the person whose application was denied has established that:

“ (a) New material evidence relating to the person's guilt or punishment has been discovered;

“ (b) The person's physical or mental health has substantially deteriorated; or

“ (c) Other meritorious circumstances justify a waiver of the waiting period.

“(B)(i) The Board of Corrections shall promulgate rules that will establish policies and procedures for waiver of the waiting period.

“(ii) The Board of Corrections may make additions, amendments, changes, or alterations to the rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.”

Cross References. Executive Clemency, § 16-93-204.