Stricken language would be deleted from and underlined language would be added to present law.
*JLC005* 4/4/2023 10:13:31 AM JLC005
State of Arkansas
94th General Assembly A Bill
Session, 2023 SENATE BILL 579
For An Act To Be Entitled
AN ACT CONCERNING THE SENTENCING OF A PERSON WHO
COMMITTED AN OFFENSE BEFORE HE OR SHE TURNED TWENTY10 ONE (21) YEARS OF AGE; AND FOR OTHER PURPOSES.
Subtitle
CONCERNING THE SENTENCING OF A PERSON WHO
COMMITTED AN OFFENSE BEFORE HE OR SHE
TURNED TWENTY-ONE (21) YEARS OF AGE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code § 5-4-104(b), concerning authorized
sentences, is amended to read as follows:
(b) A defendant convicted of capital murder, § 5-10-101, or treason, §
5-51-201, shall be sentenced to death or life imprisonment without parole in
accordance with §§ 5-4-601 — 5-4-605, 5-4-607, and 5-4-608, except if the
defendant was younger than eighteen (18) twenty-one (21) years of age at the
time he or she committed the capital murder or treason he or she shall be
sentenced to life imprisonment with the possibility of parole after serving a
minimum of thirty (30) years’ imprisonment.
SECTION 2. Arkansas Code § 5-4-108 is amended to read as follows: 5-4-108. Sentencing for person who committed an offense when he or she
was less than 18 21 years of age.
A defendant shall not be sentenced to death or life imprisonment
without the possibility of parole for an offense if the defendant was less
than eighteen (18) twenty-one (21) years of age at the time the offense was committed
SECTION 3. Arkansas Code § 5-4-602(3)(C), concerning trial procedure
for a capital felony charge, is amended to read as follows:
(C) If the defendant was less than eighteen (18) twenty6 one (21) years of age at the time of the offense, then a hearing under
subdivision (3)(A) of this section is not required;
SECTION 4. Arkansas Code § 5-10-101(c)(1), concerning capital murder,
is amended to read as follows:
(c)(1) Capital murder is punishable as follows:
(A) If the defendant was eighteen (18) twenty-one (21)
years of age or older at the time he or she committed the capital murder:
(i) Death; or
(ii) Life imprisonment without parole under §§ 5-4-
601 — 5-4-605, 5-4-607, and 5-4-608; or
(B) If the defendant was younger than eighteen (18)
twenty-one (21) years of age at the time he or she committed the capital
murder, life imprisonment with the possibility of parole after serving a
minimum of thirty (30) years’ imprisonment.
SECTION 5. Arkansas Code § 5-10-102(c)(2), concerning murder in the
first degree, is amended to read as follows:
(2) Unless the application of § 16-93-621 results in a person’s
being eligible for parole at an earlier date, if a person was younger than
eighteen (18) twenty-one (21) years of age at the time he or she committed
murder in the first degree and is sentenced to life imprisonment, the person
is eligible for parole after serving a minimum of twenty-five (25) years’
imprisonment.
SECTION 6. Arkansas Code § 16-93-612(e)(4), concerning the date of
offense for parole eligibility, is amended to read as follows:
(4) If the felony was committed by a person who was a minor
younger than twenty-one (21) years of age at the time of the offense, he or
she was committed to the Department of Correction, or to the division, and
the offense occurred before, on, or after March 20, 2017 the effective date of this act, § 16-93-621 governs that person’s parole eligibility.
SECTION 7. Arkansas Code § 16-93-613(c), concerning parole eligibility
for Class Y, Class A, and Class B felonies, is amended to read as follows:
(c) Except as provided for under § 16-93-621, for an offense committed
before, on, or after March 20, 2017 the effective date of this act, a person
who was a minor younger than twenty-one (21) years of age at the time of
committing an offense listed under subsection (a) of this section is eligible
for release on parole under this section.
SECTION 8. Arkansas Code § 16-93-614(d), concerning parole eligibility
for offenses committed after January 1, 1994, is amended to read as follows:
(d) Except as provided for under § 16-93-621, for an offense committed
before, on, or after March 20, 2017 the effective date of this act, a person
who was a minor younger than twenty-one (21) years of age at the time of
committing an offense listed under subsection (c) of this section is eligible
for release on parole under this section.
SECTION 9. Arkansas Code § 16-93-618(f), concerning parole eligibility
for certain Class Y felony offenses and certain methamphetamine offenses and
the serving of seventy percent 70% of a person’s sentence, is amended to read
as follows:
(f) Except as provided for under § 16-93-621, for an offense committed
before, on, or after March 20, 2017 the effective date of this act, a person
who was a minor younger than twenty-one (21) years of age at the time of
committing an offense listed under subsection (a) of this section is eligible
for release on parole under this section.
SECTION 10. Arkansas Code § 16-93-621 is amended to read as follows:
16-93-621. Parole eligibility — A person who was a minor younger than
twenty-one (21) years of age at the time of committing an offense that was
committed before, on, or after March 20, 2017 the effective date of this act.
(a)(1)(A) A minor person younger than twenty-one (21) years of age who
was convicted and sentenced to the former Department of Correction or the
Division of Correction for an offense committed before he or she was eighteen
(18) twenty-one (21) years of age and in which the death of another person did not occur is eligible for release on parole no later than after twenty
(20) years of incarceration, including any applicable sentencing
enhancements, and including an instance in which multiple sentences are to be
served consecutively or concurrently, unless by law the minor person younger
than twenty-one (21) years of age is eligible for earlier parole eligibility.
(B) Subdivision (a)(1)(A) of this section applies
retroactively to a minor a person younger than twenty-one (21) years of age
whose offense was committed before he or she was eighteen (18) twenty-one
(21) years of age, including a minor a person younger than twenty-one (21)
years of age serving a sentence of life, regardless of the original sentences
that were imposed.
(2)(A) A minor person younger than twenty-one (21) years of age
who was convicted and sentenced to the department or the division for an
offense committed before he or she was eighteen (18) twenty-one (21) years of
age, in which the death of another person occurred, and that was committed
before, on, or after March 20, 2017, the effective date of this act is
eligible for release on parole no later than after twenty-five (25) years of
incarceration if he or she was convicted of murder in the first degree, § 5-
10-102, or no later than after thirty (30) years of incarceration if he or
she was convicted of capital murder, § 5-10-101, including any applicable
sentencing enhancements, unless by law the minor person younger than twenty22 one (21) years of age is eligible for earlier parole eligibility.
(B) Subdivision (a)(2)(A) of this section applies
retroactively to a minor a person younger than twenty-one (21) years of age
whose offense was committed before he or she was eighteen (18) twenty-one
(21) years of age, including minors persons younger than twenty-one (21)
years of age serving sentences of life, regardless of the original sentences
that were imposed.
(3) Credit for meritorious good time shall not be applied to
calculations of time served under this subsection for minors a person younger
than twenty-one (21) years of age convicted and sentenced for capital murder,
§ 5-10-101(c), or when a life sentence is imposed for murder in the first
degree, § 5-10-102.
(4) The calculation of the time periods under this subsection
shall include any applicable sentence enhancements to which the minor person
younger than twenty-one (21) years of age was sentenced that accompany the sentence for the underlying offense. (b)(1) The Parole Board shall ensure that a hearing to consider the
parole eligibility of a person who was a minor younger than twenty-one (21)
years of age at the time of the offense that was committed before, on, or
after March 20, 2017, the effective date of this act takes into account how a
minor offender an offender younger than twenty-one (21) years of age is
different from an adult offender and provides a person who was a minor
younger than twenty-one (21) years of age at the time of the offense that was
committed before, on, or after March 20, 2017, the effective date of this act
with a meaningful opportunity to be released on parole based on demonstrated
maturity and rehabilitation. (2) During a parole eligibility hearing involving a person who
was a minor younger than twenty-one (21) years of age at the time of the
offense that was committed before, on, or after March 20, 2017, the effective
date of this act the board shall take into consideration in addition to other
factors required by law to be considered by the board: (A) The diminished culpability of minors persons younger
than twenty (21) years of age as compared to that of adults;
(B) The hallmark features of youth;
(C) Subsequent growth and increased maturity of the person
during incarceration;
(D) Age of the person at the time of the offense;
(E) Immaturity of the person at the time of the offense;
(F) The extent of the person’s role in the offense and
whether and to what extent an adult was involved in the offense;
(G) The person’s family and community circumstances at the
time of the offense, including any history of abuse, trauma, and involvement
in the child welfare system;
(H) The person’s participation in available rehabilitative
and educational programs while in prison, if those programs have been made
available, or use of self-study for self-improvement;
(I) The results of comprehensive mental health evaluations
conducted by an adolescent mental health professional licensed in the state
at the time of sentencing and at the time the person becomes eligible for
parole under this section; and
(J) Other factors the board deems relevant. (3) A person eligible for parole under this section may have an
attorney present to represent him or her at the parole eligibility hearing.
(c)(1)(A) The board shall notify a victim of the crime before the
board reviews parole eligibility under this section for an inmate convicted
of the crime and provide information regarding victim input meetings, as well
as state and national victim resource information.
(B) If the victim is incapacitated or deceased, the notice
under subdivision (c)(1)(A) of this section shall be given to the victim’s
family.
(C) If the victim is less than eighteen (18) years of age,
the notice under subdivision (c)(1)(A) of this section shall be given to the
victim’s parent or guardian.
(2) Victim notification under this subsection shall include:
(A) The location, date, and time of parole review; and
(B) The name and phone number of the individual to contact
for additional information.
SECTION 11. Arkansas Code § 16-93-622 is amended to read as follows:
16-93-622. Parole discharge for offenders who are minors younger than
twenty-one (21) years of age — Reinstatement of rights.
(a) The Parole Board may discharge a person from parole if:
(1) The person:
(A) Was released on parole under § 16-93-621 for having
committed an offense as a minor before the person was twenty-one (21) years
of age; and
(B) Has served at least five (5) years on parole without a
violation; and
(2) The prosecuting attorney in the county where the person was
originally convicted has consented to the discharge of the person from
parole.
(b) Unless otherwise provided by Arkansas Constitution, Amendment 51,
a person who has been discharged from parole under subsection (a) of this
section shall have his or her constitutional right to vote restored.
