§ 16-93-611 - Class Y felonies. - Arkansas Statutes

16-93-611. Class Y felonies.

(a) (1) Notwithstanding any law allowing the award of meritorious good time or any other law to the contrary, any person who is found guilty of or pleads guilty or nolo contendere to subdivisions (a)(1)(A)-(G) of this section shall not be eligible for parole or community punishment transfer, except as provided in subdivision (a)(3) or subsection (c) of this section, until the person serves seventy percent (70%) of the term of imprisonment to which the person is sentenced, including a sentence prescribed under 5-4-501:

(A) Murder in the first degree, 5-10-102;

(B) Kidnapping, Class Y felony, 5-11-102;

(C) Aggravated robbery, 5-12-103;

(D) Rape, 5-14-103;

(E) Causing a catastrophe, 5-38-202(a);

(F) Manufacture of methamphetamine, 5-64-401(a)(1); or

(G) Possession of drug paraphernalia with the intent to manufacture methamphetamine, 5-64-403(c)(5).

(2) (A) The seventy percent (70%) provision of subdivision (a)(1) of this section has no application to any person who is found guilty of or pleads guilty or nolo contendere to kidnapping, Class B felony, 5-11-102, regardless of the date of the offense.

(B) The provisions of this section shall apply retroactively to all persons presently serving a sentence for kidnapping, Class B felony, 5-11-102.

(3) (A) (i) Regardless of the date of the offense, the seventy-percent provision under subdivision (a)(1) of this section shall include credit for the award of meritorious good time under 12-29-201 to any person who is found guilty of or pleads guilty or nolo contendere to manufacture of methamphetamine under 5-64-401(a)(1) or possession of drug paraphernalia with the intent to manufacture methamphetamine under 5-64-403(c)(5).

(ii) Regardless of the date of the offense, the seventy-percent provision under subdivision (a)(1) of this section may include credit for the award of meritorious good time under 12-29-202 to any person who is found guilty of or pleads guilty or nolo contendere to manufacture of methamphetamine under 5-64-401(a)(1) or possession of drug paraphernalia with the intent to manufacture methamphetamine under 5-64-403(c)(5), unless the person is sentenced to a term of life imprisonment.

(B) In no event shall the time served by any person who is found guilty of or pleads guilty or nolo contendere to manufacture of methamphetamine under 5-64-401(a)(1) or possession of drug paraphernalia with the intent to manufacture methamphetamine under 5-64-403(c)(5) be reduced to less than fifty percent (50%) of the person's original sentence.

(4) (A) When any person sentenced under subdivision (a)(3) of this section becomes eligible for parole, the Department of Community Correction shall send a notice of the parole hearing to the prosecuting attorney of the judicial district or districts in which the person was found guilty or pleaded guilty or nolo contendere to an offense listed in subdivision (a)(1) of this section.

(B) The notice shall contain the following language in 12-point capital letters bold type: INMATE SENTENCED UNDER ARKANSAS CODE 16-93-611.

(b) A jury may be instructed pursuant to 16-97-103 regarding the awarding of meritorious good time under subdivision (a)(3) of this section.

(c) The sentencing judge, in his or her discretion, may waive subsection (a) of this section under the following circumstances:

(1) The defendant was a juvenile at the time of the offense;

(2) The juvenile was merely an accomplice to the offense; and

(3) The offense occurred on or after July 28, 1995.

(d) In no event shall the awarding of meritorious good time under 12-29-201 or 12-29-202 be applicable to persons sentenced under subdivisions (a)(1)(A)-(E) of this section.