Judges: WINSTON BRYANT, Attorney General
Filed Date: 6/24/1991
Status: Precedential
Modified Date: 7/5/2016
Mr. A.L. Lockhart, Director Arkansas Department of Correction P.O. Box 8707 Pine Bluff, AR 71611
Dear Mr. Lockhart:
This is in response to your request for an opinion on two questions regarding Act 230 of 1983, which provides for the early release from prison of certain nonviolent offenders. See A.C.A. §
As used in this subchapter, unless the context otherwise requires, § nonviolent criminal offense' means any criminal offense which does not involve personal harm or the threat of personal harm to another, does not involve a conviction for a violation of the Controlled Substances Act, §
5-64-401 et seq., which constituted a Class A, a Class B, or a Class Y felony, and does not involve the use of a firearm or other deadly weapon.
As you note in your opinion request, this provision excludes persons convicted of Class A, B, or Y felonies under the Controlled Substances Act, A.C.A. §
Your second question concerns A.C.A. § 16-93-803(a) (Supp. 1989),1 which provides, in pertinent part:
Any inmate of the Department of Correction who is serving under a commitment to the department for the commission of a nonviolent offense and who has no previous convictions for other than nonviolent offenses and who is not otherwise eligible for parole may have his or her application considered by the State Board of Parole and Community Rehabilitation for release on parole to participate in a work program as provided for in this subchapter. . . .
As noted in your opinion request, in order to be eligible for early release under this provision, a prisoner must not have had a previous conviction for a violent offense. You ask whether misdemeanor convictions for violent offenses such as assault or battery would preclude a prisoner from being eligible for early release under § 16-93-803(a). Because § 16-93-803(a) refers to "previous convictions," rather than specifying "previous felony convictions," it is my opinion that previous misdemeanor convictions for violent offenses would preclude a prisoner from being eligible for early release under its provisions.
You indicate that it is difficult to obtain information on misdemeanor convictions. Reference should perhaps be made in this regard to the Arkansas Crime Information Center, which is required by law to store information regarding many misdemeanor offenses, including all misdemeanor crimes wherein violence is an element of the offense. See A.C.A. §
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Catherine Templeton.
Sincerely,
Winston Bryant Attorney General