Understanding the Protect Arkansas Act: Major Changes to Parole
Understanding the Protect Arkansas Act: Major Changes to Parole Eligibility in Arkansas
In 2023, Arkansas passed one of the most sweeping criminal justice reforms in recent Arkansas history: the Protect Arkansas Act (Act 659). Governor Sarah Huckabee Sanders signed the Act into law on April 11, 2023. The Act went fully into effect on January 1, 2025. This legislation significantly alters how and when incarcerated individuals become eligible for parole in Arkansas. At The DeWitt Firm, we believe it's essential for Arkansans—whether they are individuals facing criminal charges, their families, or concerned citizens—to understand the implications of this law.
What Is the Protect Arkansas Act?
The Protect Arkansas Act is part of a broader public safety initiative aimed at reducing violent crime and increasing time served for certain offenses. Its most impactful provision involves changes to parole eligibility—specifically, requiring inmates convicted of certain crimes to serve 100% of their sentence without the possibility of early release. These offenses include, but are not limited to, Capital Murder, Murder 1st, Kidnapping, Aggravated Robbery, Trafficking of Persons, Treason, and Possession of a Firearm by Certain Persons (if a B felony). A person previously convicted of an 85% or 100% crime that is convicted of another 85% crime must serve 100% of their sentence on the new offense.
For other designated offenses not falling under the 100% mandate, the Act stipulates that individuals must serve at least 85% of their sentences before becoming eligible for parole. These offenses include, but are not limited to, Murder 2nd, Manslaughter, Battery 1st, Terroristic Act, Sexual Assault 1st Degree, Sexual Extortion, Domestic Battery 1st Degree, Aggravated Assault on a Household of Family Member if under (a)(3), Trafficking a Controlled Substance, Promoting Prostitution 1st Degree, Aggravated Residential Burglary, and Delivery or Manufacture of Fentanyl.
All other offenses not designated under the Act will be eligible for parole after serving 50% of their sentence, which can be cut in half to 25% with good time credit.
This change reduces the impact of good time credit and early release options. The Act went into effect January 1, 2025.
Key Changes to Parole Eligibility
Under the previous law, many individuals incarcerated in Arkansas were eligible for parole after serving a smaller fraction of their sentence. For example, most non-violent offenders were typically eligible for parole after serving 33% of their sentence, or 16% of their sentence with good time credits. Violent offenders often had to serve 50% to 70% of their sentence, depending on the offense and prior history.
What This Means for Defendants and Families
If you or a loved one is facing criminal charges in Arkansas, it is crucial to understand how this law might affect sentencing outcomes. This also impacts plea negotiations. Prosecutors and defense attorneys must now calculate sentencing recommendations and agreements with the knowledge that the time to be served will be longer than ever.
Legal Defense Matters More Than Ever
With parole eligibility severely restricted for many crimes, the stakes of criminal defense in Arkansas have never been higher. A strong legal defense may be the only opportunity to reduce or avoid a lengthy prison sentence. At The DeWitt Firm, we provide aggressive and informed representation to protect our clients’ rights and future.
We’re closely monitoring how the Protect Arkansas Act is being implemented across the state. If you have questions about how this law might impact your case—or if you or a loved one is already incarcerated and want to explore available legal options—contact our office today for a confidential consultation.
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501-404-2055 | clinton@thedewittfirm.com | Little Rock, Arkansas
The DeWitt Firm – Advocating for Justice. Protecting Your Rights.
Note: This blog post is for informational purposes only and does not constitute legal advice. For personalized legal assistance, please consult with an attorney.