Act 683 of 2023: Express Designation Requirement for Parole Eligibility of Pre-2015 Residential Burglary Convictions

Introduction

Perry Wright v. Arkansas Post-Prison Transfer Board, 2024 Ark. 173, is a decision of the Supreme Court of Arkansas clarifying how Act 683 of 2023 applies to inmates with pre-2015 residential burglary convictions. The appellant, Perry Wright, challenged the Arkansas Post-Prison Transfer Board and the Arkansas Division of Correction on the ground that his parole-eligibility date should be recalculated under the amended parole-ineligibility statute because his 2020 sentencing order did not expressly cite Ark. Code Ann. § 16-93-609. The State defendants responded that the notation “DEFENDANT IS TO SERVE FLAT TIME” in Wright’s sentencing papers was an express designation under the statute. The circuit court granted summary judgment for the State; on appeal, the Supreme Court reversed and remanded, relying on its companion case, Rodgers v. Arkansas Parole Board, 2024 Ark. 176.

Summary of the Judgment

The Supreme Court reversed the circuit court’s denial of Wright’s petition for declaratory relief, writ of mandamus, and injunctive relief, and its grant of summary judgment to the State.
It held that Act 683’s requirement of an “express designation” in a sentencing order does not compel a formal citation to § 16-93-609 and that “flat time” notation alone is insufficient to show the legislature’s mandated express designation.
The Court remanded for further proceedings consistent with Rodgers, concluding that Wright may seek recalculation of his parole eligibility under the new statutory language.

Analysis

Precedents Cited

Rodgers v. Arkansas Parole Board, 2024 Ark. 176 – The Court’s companion decision interpreting Act 683 and holding that pre-2015 residential burglary convictions become violent felonies only when the sentencing order expressly cites § 16-93-609.
Perry v. Payne, 2022 Ark. 112 – Justice Womack’s dissent on jurisdiction under Art. 5, § 20 of the Arkansas Constitution in suits against the State, cited by dissenters here.
Ark. Code Ann. § 16-93-609 – Parole ineligibility for recidivist violent felons.
Act 683 of 2023 – Amends § 16-93-609(b)(2) to exclude pre-April 1, 2015 residential burglary from the violent-felony list “unless the sentencing order expressly designates” § 16-93-609.

Legal Reasoning

The core issue was statutory interpretation of Act 683’s “express designation” clause. The majority reasoned that:

Act 683 creates a carve-out for pre-2015 residential burglaries, rendering them non-violent felonies for parole purposes unless the sentencing order “expressly designates” sentencing under § 16-93-609.
Although the circuit court found that “DEFENDANT IS TO SERVE FLAT TIME” necessarily refers to parole ineligibility under § 16-93-609, the majority held that the phrase is not an “express” designation because it lacks a direct statutory citation or unmistakable reference to § 16-93-609.
Relying on Rodgers, the Court declined to read into the statutory text a functional substitute for a formal citation, concluding that legislative intent required a clear, textual reference in each sentencing document.

The dissenters (Justices Womack and Webb) argued separately that:

Womack, J., would dismiss the case for lack of jurisdiction under Art. 5, § 20 of the Arkansas Constitution, maintaining that the State cannot be sued in mandamus or declaratory actions in a new civil proceeding.
Webb, J., would affirm the circuit court on the merits, contending that the statutory text and legislative intent show that Act 683 was not meant to apply to Wright, who bargained for “flat time” fully aware of his parole consequences.

Impact

The Wright decision, together with Rodgers, clarifies that:

Inmates with pre-2015 residential burglary convictions must demonstrate a sentencing order that expressly cites § 16-93-609 to remain parole-ineligible post-Act 683.
Thousands of Arkansas inmates who pleaded guilty between 2015 and 2023 without such a citation may seek recalculation of parole-eligibility dates.
Circuit courts and sentencing judges must include explicit statutory references if they intend to render a sentence parole-ineligible under § 16-93-609 going forward.

Complex Concepts Simplified

Flat Time: A sentencing notation meaning the defendant serves the entire term with no eligibility for early release (parole).
Act 683’s Express Designation: A requirement that a sentencing document must explicitly reference Ark. Code Ann. § 16-93-609 if the judge intends to apply the violent-felony parole bar to a pre-2015 residential burglary.
Retroactivity: The question of whether a new law applies to sentences imposed before the law took effect. Act 683 did not expressly limit retroactive application.
Declaratory Judgment and Mandamus: Civil remedies by which a court declares parties’ rights under the law (declaratory judgment) and commands a public official to perform a legal duty (mandamus).

Conclusion

Perry Wright v. Arkansas Post-Prison Transfer Board confirms that Act 683 of 2023 imposes a strict “express designation” requirement. Sentencing courts must include a clear statutory reference to § 16-93-609 to apply the violent-felony parole bar to pre-2015 residential burglary convictions. The decision will prompt reviews of hundreds of sentences imposed without such citations and underscores the importance of precise statutory drafting by both the legislature and the judiciary. As a practical matter, Arkansas’s sentencing judges must now explicitly cite the parole-ineligibility statute in future orders, and inmates affected by prior sentencing practices may pursue recalculation of their parole eligibility.