Can You Bond Out While Waiting for Transfer to State Prison?

What your husband is likely referring to is called a recognizance bond or a supersedeas bond, sometimes also called a transfer bond or an appeal bond depending on the state. The concept is that an already-sentenced inmate can in some circumstances be released on bond to await transfer to the state prison system rather than sitting in a county jail indefinitely.

Whether this is available in Arkansas depends on the specific circumstances of the case, the judge who sentenced him, and whether the sentence has been appealed or is otherwise still in a stage where bond is legally permissible. Once a sentence is final with no pending appeal, the standard avenues for bond are generally closed. However, in cases where the transfer delay is extreme, as appears to be the situation here with people waiting 18 months or more, some defense attorneys have successfully petitioned courts for relief on humanitarian or due process grounds.

This is not a DIY process. Your husband needs an attorney to evaluate whether any legal mechanism exists in his specific case to get him released pending transfer. An Arkansas criminal defense attorney who knows the local courts and the ADC transfer backlog situation would be the right person to consult. Some attorneys take these cases on a flat fee basis and the petition process itself can be relatively straightforward if the legal grounds exist.

The 18-month wait in county jail on a 2-year sentence is a genuine hardship and courts are sometimes responsive to well-presented arguments about disproportionate pretransfer detention. It is worth pursuing with qualified legal help.