On Wednesday, the Post-Prison Transfer Board of Arkansas moved forward with a newly proposed rule that aligns with the Protect Arkansas Act. This act, which was recently passed and implemented, brings about significant changes to the state’s parole system.
The proposed rule specifically deals with clemency, which is when an official, typically a governor, decides to either reduce a person’s sentence or grant them a pardon. This rule aims to implement certain aspects of the Protect Arkansas Act, which has been in effect since January 1st.
During its special-called meeting on Wednesday, the board did not engage in any discussion regarding the rule. However, Chairperson Lona McCastlain mentioned that the board’s aim was to promptly publish the rule to initiate the approval process.
After being reviewed by Gov. Sarah Huckabee Sanders’ office, the rule will be published for a 30-day period for public comments. Once the comments are received, a legislative review committee will give the final approval of the rule before it is adopted by the parole board.
During an interview after the meeting, McCastlain predicted that the rule would be implemented by August if it proceeds quickly through the approval process. However, if the proposed rule fails to meet the board’s publication deadline of June 14, the timeline could be delayed by several months until the fall, according to McCastlain.
According to her, the Protect Act brought about a significant change that is still being implemented by everyone to this day.
What’s the latest?
The Protect Arkansas Act has brought about two significant modifications to the clemency process as stated in the proposed clemency rule.
The waiting period for reapplying after a denial of a clemency application has been extended. The duration of the waiting period now depends on the severity of the sentence, with four, six, and eight years being increased to five, seven, and nine years respectively. This means that if the governor denies clemency to someone serving a sentence that is less than life without parole, they will have to wait for five years to reapply. On the other hand, individuals who have been sentenced to capital punishment without parole will have to wait for nine years.
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Officials now have more time to communicate with victims, attorneys, and prosecutors regarding individuals on death row, thanks to the second change.
The submission deadline for a clemency application for an individual with a death penalty has been changed to 60 days before the scheduled execution date, instead of the previously allotted 40 days.
Arkansas’ Protect Act: Protecting Children from Sex Offenders
The Protect Arkansas Act is a crucial legislation that aims to safeguard children from sex offenders. This act requires all sex offenders to follow strict guidelines and restrictions, including registering their personal information with the state’s Sex Offender Registry. The Protect Arkansas Act also mandates that sex offenders cannot live within 2,000 feet of schools, daycares, and other places where children gather, ensuring that they cannot harm children in their immediate vicinity.
The Protect Arkansas Act is a vital tool in keeping children safe from sexual predators. It enables law enforcement to monitor the whereabouts of sex offenders and ensure that they are not posing a threat to children. The act also requires sex offenders to undergo regular check-ins with law enforcement and to keep their personal information up-to-date in the registry, making it easier to track their movements and prevent them from committing further offenses.
Despite its importance, the Protect Arkansas Act has faced criticism from some who argue that it unfairly targets sex offenders and limits their ability to live and work in certain areas. However, the safety of children must come first, and the Protect Arkansas Act is a necessary step in ensuring that they are protected from potential harm.
The Protect Arkansas Act was introduced by state lawmakers in March 2023, with the aim of overhauling the parole system.
What is the Protect Arkansas Act?
One of the most notable changes brought about by the act focused on the automatic parole eligibility for convicted felons. However, the act did not solely address this issue. It also included the formation of a recidivism task force, the establishment of a public portal for bail information, and the implementation of rehabilitation assessments. These changes were aimed at improving services beyond just parole.
The Protect Arkansas Act has the objective of prolonging the duration of imprisonment for individuals who have been found guilty of the most heinous crimes in the state.
When the act was announced last March, Sanders expressed his support for it and stated, “These new punishments may be considered too tough by some. But to those who criticize, I believe this is what embodies Arkansas justice – it’s tough, but fair.”
The Protect Arkansas Act has been implemented in phases, with certain sections taking effect this year while others are set to begin in 2025.