Earned Release Credits, 12 CAR § 60-116

The Department of Corrections’ Board of Corrections proposes its Earned Release Credits rule for legislative review and approval. Act 659 of 2023, the Protect Arkansas Act, requires that the Board of Corrections establish a rule that sets guidelines for the accrual of earned release credits for work practices, job responsibilities, good behavior, and involvement in rehabilitative activities while in the custody of the Division of Correction. The proposed rule: • Sets the maximum percentage of a sentence when can be accrued in earned release credits for (1) classification — which is based on good behavior, work practices, and job responsibilities, and (2) involvement in programming, which consists of rehabilitative activities; • Sets the rate of accrual for classification, which ranges from Class One to Class Four; and • Sets the rate of accrual for participation in programming at a rate determined by weighing the total number of days an inmate can earn for programming with the inmate’s criminogenic needs. Following the closure of the comment period, technical revisions were made to the policy to align it with Code of Arkansas Rules style.

This rule was filed on an emergency basis and was reviewed and approved by the ALC – Executive Subcommittee, with the review and approval becoming effective March 7, 2025. The period expired April 14, 2025. The agency indicated that it received no public comments. Grant Wise, an attorney with the Bureau of Legislative Research, asked the following questions and received the following responses: 1. Section 116(e)(1) – This provision seems to be premised on Ark. Code Ann. § 12-29-702(b)(1) which states “[t]he Board of Corrections shall promulgate rules and the Division of Correction shall administer rules that set guidelines for accrual of earned release credits for work practices, job responsibilities, good behavior, and involvement in rehabilitative activities while in the custody of the Division of Correction.” (Emphasis added.) 12 CAR § 60-116(e)(1), as proposed, appears to lack reference to “job responsibilities.” Is there a reason 5 “job responsibilities” was omitted from the rule? RESPONSE: It was inadvertent. We are happy to update when the rule is revised next time. 2. Section 116(e)(2) – 12 CAR § 60-116(e)(2) states “[e]arned release credits shall not reduce an offender’s p

• Rule packet: B.1.a DOA Liquid Animal Waste Management Systems and Act 824 of 2023
• Public comments: B.1.a.PC DOA Public Comment Summary_Liquid Animal Waste Management Systems
• ALC summary agenda Jun 19, 2025
• ALC agenda Jun 19, 2025
• ALC meeting video Jun 19, 2025