Arkansas’s Act 570, the Public Safety Improvement Act of 2011, lets a court sentence certain felony defendants to community correction instead of a regular prison commitment. Under Act 570, Arkansas eligibility and sentencing turn on two questions: does your record disqualify you, and which of the Act’s sentencing paths does the court choose. If you qualify as an “eligible offender,” the judge can suspend your sentence, place you on probation with a community correction program, or commit you to the Division of Correction with a judicial transfer to a community correction facility rather than prison.
Who Counts as an Eligible Offender
Arkansas law defines an eligible offender as a person convicted of a felony who meets several conditions at once. You must fall within the population the General Assembly has targeted for community correction. You cannot have a disciplinary record for a violent act or sexual misconduct while in custody. And you cannot have a current or prior conviction for a violent or sexual offense listed in the statute’s exclusion categories. People already under Division of Community Correction supervision can also qualify if they meet the same criteria.1Justia Law. Arkansas Code 16-93-1202 – Definitions
The exclusions do most of the work at this stage. Any prior conviction for a listed violent or sexual offense takes community correction off the table, regardless of what the current charge is. The same applies to anyone who committed a violent act or engaged in sexual misconduct while incarcerated, even without a separate criminal charge for that incident. Courts make the eligibility determination before sentencing, often with a presentence investigation in hand.
The Three Sentencing Paths
Once the court finds a defendant eligible and decides community correction is appropriate, three sentencing options open up.2Arkansas Legislature. Arkansas Act 570 – Public Safety Improvement Act
The first is a suspended sentence or probation paired with assignment to a community correction program. The assignment runs for a period matched to the program’s goals and the rules set by the Board of Corrections. The defendant lives in the community under supervision and must comply with whatever conditions the court attaches.
The second is a commitment to the Division of Correction with a judicial transfer to the Division of Community Correction. This routes the defendant to a community correction facility rather than a traditional prison. Placement is conditional: if the defendant stops meeting eligibility requirements or breaks program rules, the community correction status can be lost.
The third is a regular commitment to the Division of Correction, meaning a traditional prison sentence governed by the underlying felony’s sentencing range. Every time the court commits a defendant to the Division of Correction, it must state on the record whether the commitment is a judicial transfer to community correction or a regular commitment. That designation determines where the person physically serves the sentence and what programming they can reach.
The 365-Day Confinement Cap
When a defendant is placed in a community correction facility through a judicial transfer, the actual period of confinement cannot exceed 365 days.2Arkansas Legislature. Arkansas Act 570 – Public Safety Improvement Act This is the single most important number in the statute for anyone weighing a judicial-transfer sentence against a regular commitment. It caps the time inside the facility, not the overall length of court supervision, which can continue after release from the facility.
Conditions the Court Can Attach
Act 570 gives judges broad authority to shape what a community correction sentence looks like in practice. The court can require the defendant to pursue a prescribed course of study or vocational training aimed at preparing them for employment. It can require participation in a community-based rehabilitative program or a work-release program that uses evidence-based practices proven to reduce recidivism.2Arkansas Legislature. Arkansas Act 570 – Public Safety Improvement Act
The “proven to reduce recidivism” language is not decorative. Programs assigned under Act 570 must meet minimum state standards for certification and rely on practices with an evidence base. In day-to-day practice, that translates into substance abuse treatment, cognitive-behavioral therapy, educational coursework, and vocational training, mixed to fit the defendant’s assessed needs. The court can also impose a reasonable fee on the defendant to help fund the assigned program.
Supervision Fees
Anyone placed on probation or community correction in Arkansas owes a monthly supervision fee. The standard fee is $35 per month. The Board of Corrections can raise the fee by rule, but no increase can push it above $50 per month.3Justia Law. Arkansas Code 16-93-104 – Supervision Fee
The supervision fee sits on top of any other financial obligations the court orders, such as restitution, program fees, fines, and court costs. Falling behind on payments can turn into its own compliance problem, so raising a payment issue with your supervising officer early is usually better than letting the balance grow.
Earned Credits That Shorten the Sentence
Offenders in community correction can earn credits toward completing their sentence sooner. Good behavior and compliance with program rules drive the credits. Arkansas uses what is sometimes called a “30 for 30” approach, in which 30 days of full compliance with supervision conditions earns 30 days of credit.2Arkansas Legislature. Arkansas Act 570 – Public Safety Improvement Act For a defendant subject to the 365-day facility cap, earned credits can meaningfully accelerate the return to full community living.
What Happens If You Violate
Violating the terms of a suspended sentence, probation, or a community correction placement triggers revocation procedures. On revocation, the court has two options. It can keep the defendant under its jurisdiction and reassign them to a more restrictive community correction program. Or it can commit them to the Division of Correction, again specifying whether the commitment is a judicial transfer to community correction or a regular commitment.2Arkansas Legislature. Arkansas Act 570 – Public Safety Improvement Act
Not every violation ends in prison. The Act’s structure supports graduated responses, particularly for technical violations like a missed appointment or a failed drug test. A court can tighten supervision without fully revoking the community sentence. Judges typically weigh the compliance history, the nature of the violation, and public safety before choosing between reassignment and commitment.
Revocation hearings carry constitutional protections. Under Morrissey v. Brewer, you are entitled to written notice of the alleged violations, disclosure of the evidence against you, the chance to appear and present witnesses, the right to cross-examine adverse witnesses absent good cause to limit it, a neutral decision-maker, and written findings explaining the decision.4Library of Congress. Morrissey v. Brewer, 408 U.S. 471 (1972) These protections apply whether the hearing officer recites them or not.