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SB 539

TO UPDATE AND CLARIFY CERTAIN PORTIONS OF THE LAW REGARDING THE DIVISION OF COMMUNITY CORRECTION AND THE DIVISION OF CORRECTION; TO CLARIFY REFERENCES TO COMMUNITY CORRECTION CENTERS; AND TO DECLARE AN EMERGENCY.

2025 Regular Session Introduced by Jimmy Gazaway and 1 co-sponsor

SB 539 updates Arkansas correction laws, clarifying confinement limits, enhancing community programs, and centralizing sex offender assessments to improve public safety.

Notification that SB539 is now Act 723
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Bill Summary · SB 539

Summary of Senate Bill 539 (SB 539)

Purpose and Intent

Senate Bill 539 (SB 539) aims to update and clarify various aspects of the laws governing the Division of Community Correction and the Division of Correction in Arkansas. The bill seeks to enhance the management of community correction programs, streamline processes related to sex offender assessments, and ensure proper jurisdiction and eligibility criteria for offenders. Additionally, it declares an emergency to expedite its implementation.

Key Provisions

SB 539 includes several significant amendments to existing laws:

  1. Confinement Regulations:

    • Amends Arkansas Code § 5-4-304(c)(1) to specify that confinement as a condition of a suspended sentence or probation shall not exceed:
      • 120 days for felonies.
      • 30 days for misdemeanors.
      • 365 days for confinement in a community correction center operated by the Department of Corrections.

  2. Community Correction Program Placement:

    • Updates Arkansas Code § 5-4-312(b) to clarify the court's authority in placing defendants in community correction programs, including:
      • Maintaining jurisdiction over defendants and the conditions for revocation of probation.
      • Allowing for administrative transfers between the Division of Correction and community correction centers based on eligibility.

  3. Sex Offender Community Notification:

    • Transfers responsibilities for sex offender community notification assessments to the Department of Corrections, ensuring a more centralized approach to managing sex offender registrations.

  4. Administrative Sanctions:

    • Introduces provisions for intermediate sanctions for parolees and offenders on post-release supervision, including community service, increased monitoring, and limited incarceration periods.

  5. Emergency Clause:

    • The bill includes an emergency clause, allowing it to take effect immediately upon passage, reflecting the urgency of the updates.

Affected Parties

  • Offenders: The bill directly impacts individuals under community correction programs, including those on probation and parole, by clarifying their rights and the conditions of their supervision.
  • Department of Corrections: The bill shifts certain responsibilities to the Department of Corrections, particularly regarding sex offender assessments and community correction management.
  • Judicial System: Courts will have clearer guidelines for sentencing and managing offenders, which may streamline judicial processes.

Procedural Timeline

  • Introduced: March 20, 2025
  • Passed: April 15, 2025
  • Notification of Act: SB 539 is now designated as Act 723 as of April 18, 2025.
  • Emergency Clause Adopted: The emergency clause was adopted on April 2, 2025, allowing for immediate implementation.

Conclusion

SB 539 represents a significant update to Arkansas's correctional laws, aiming to improve the efficiency and clarity of community correction programs. By addressing key areas such as confinement limits, community program placements, and sex offender assessments, the bill seeks to enhance public safety and streamline the correctional process.

Compiled from official sources — confirm details with the bill’s official record.

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