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2017 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 90 - Judgment and Sentence Generally
Subchapter 11 - Rights of Victims of Crime
§ 16-90-1113. Consideration and release of a victim impact statement during an inmate's parole determination
Universal Citation: AR Code § 16-90-1113 (2017)
- (a) (1) (A) Before determining whether to release the inmate on parole, the Parole Board shall permit the victim to present a written victim impact statement at a victim impact hearing concerning the effects of the crime on the victim, the circumstances surrounding the crime, the manner in which the crime was perpetrated, and the victim's opinion regarding whether the inmate should be released on parole.
- (B) At the victim's option, the victim may present the statement verbally at a victim impact hearing conducted by one (1) or more members of the board.
- (2) Under this section, a victim impact hearing may be conducted through video-conference technology if utilizing video-conference technology does not inhibit the victim's statement.
- (B) At the victim's option, the victim may present the statement verbally at a victim impact hearing conducted by one (1) or more members of the board.
- (b)
- (1) Except in those circumstances listed under subdivision (b)(2) of this section, the board upon request shall give the inmate a copy of all impact statements written by the victim.
- (2)
- (A) An impact statement written by the victim of an offense requiring registration under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., or of an offense defined as a sex offense by § 16-90-1101, is privileged and shall not be disclosed, directly or indirectly, to any person other than a member of the board, its authorized agents, a court, or other person, not including the inmate, entitled under this section to receive the statement.
- (B) However, the board or a court with jurisdiction may order the disclosure of an impact statement written by the victim and otherwise privileged under this subdivision (b)(2) to the affected inmate when the board or a court finds that the interests or welfare of the inmate outweighs the privacy and safety interests of the victim or to enhance the accuracy of the board's determination.
- (c) In deciding whether to release an inmate on parole, the board shall consider among other factors:
- (1) Victim impact statements presented under subsection (a) of this section; and
- (2) Victim impact statements presented to the sentencing court under § 16-90-1112.
- (d) The board may establish rules not otherwise addressed by this section governing the preparation, use, and disclosure of a victim impact statement.
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