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Corrections rule clarifies parole and post-release revocation procedure and appeal rights
Summary
The Department of Corrections and the Post-Prison Transfer Board presented a rule updating parole revocation procedures, clarifying when preliminary hearings are unnecessary if a full revocation hearing is held within 14 days and adding an appeals pathway for people who previously waived hearings; subcommittee approved the change.
The Administrative Rules Subcommittee approved a rule from the Department of Corrections that updates revocation procedures for parole and post-release supervision and clarifies related appeals rights.
Tawny Raul, chief legal counsel for the Department of Corrections, told members the rule adopts statutory language created by the Protect Arkansas Act and brings the revocation procedures into the rule framework. Raul said the rule clarifies that if a full revocation hearing is held within the 14-day window for a preliminary hearing, a separate preliminary hearing is not required. The rule also "includes an appeals process so that if somebody waives their right to a hearing and then changes their mind, they are able to appeal that to the full board," Raul said, calling that a due-process clarification.
Charlotte Moore, attorney and parole revocation judge for the post-prison transfer board, joined Raul at the table. Raul told members the change primarily transposes framework already in the parole board policy manual into the formal rule text and addresses the new release type created by the Protect Arkansas Act. Committee members had no questions; the rule was reviewed and approved without objection.
