Legislation designed to complement Gov. Asa Hutchinson's plan to combat prison crowding easily cleared the Senate on Monday.
In a 33-0 vote, lawmakers approved Senate Bill 472 by Sen. Jeremy Hutchinson, R-Little Rock, sending the proposal to the House.
Hutchinson, who is the governor's nephew and the chairman of the Senate Judiciary Committee, filed the bill Feb. 19.
The 37-page bill is part of a $32 million plan to increase prison-bed space, expand parole services and reduce recidivism over two years.
"I hope and trust that [the bill] will impact the root problems, which is people's behavior," Jeremy Hutchinson told his colleagues. "For us to [combat] our growth in prison, I believe we have fix our probation and parole [system]."
The Department of Community Correction already has authority to start a $5.5 million, 500-bed network of transitional centers for soon-to-be-paroled inmates. It will focus on drug and mental-health treatment. SB472 mandates that parole officials seek to enroll eligible inmates in Medicaid so they will be able to continue receiving such treatment as they transition back into society.
"We've never provided substantive treatment, and this bill will do that," Jeremy Hutchinson said.
The governor is recommending the state's parole and probation office get $7.5 million more in state funds in the next two years to help pay for 52 new parole and probation officers as well as other agency specialists.
Jeremy Hutchinson's bill would give any certified law enforcement officer in the state the power to conduct warrantless searches of probationers and parolees. Parole and probation officers already have that right. Supporters say that would increase the number of officers able to keep parolees and probationers in check as well as change the behavior of some offenders.
A few Senate Democrats have voiced concern that giving local police a green light to search parolees, their homes and property without a warrant will damage community relations and further alienate those who are trying to become productive citizens.
Hutchinson said he plans to ask that the House add an amendment to his bill to require each law enforcement agency to adopt protocols "so that authority is not abused."
The bill makes several changes to the state's Parole Board, which has often been criticized in the past few years for releasing inmates who were later involved in high-profile crimes.
It gives the head of the Parole Board the power to recommend that the governor remove a member who has not been fulfilling his duties and gives the board the authority to deny parole for any crime if five of the seven members agree the person poses a risk to society.
Sen. David Burnett, D-Osceola, questioned whether the bill would authorize a legislative review of Parole Board actions.
Hutchinson said the Legislative Council wouldn't review the Parole Board's actions under the bill, but a legislator would be allowed to review the same records as the Parole Board does, such as files on inmate behavior.
"Is it wise for this body to second-guess the Parole Board?" Burnett asked.
Hutchinson said the Legislature wouldn't be second-guessing the board, but "if there is a systematic, continual problem of letting violent people out, this will grant us the authority to go in and examine are they looking at records carefully, are they being derelict in their duties, are they ignoring the obvious, and give us an ability to make sure that they are doing the due diligence that they should do to make wise decisions."
Burnett said he's worried that will cause problems for lawmakers in the future but that he'll still vote for the bill. Inmates who come up for parole are going to call contact representatives and senators about the Parole Board's decisions, he warned.
Hutchinson said the bill would hold the Parole Board more accountable.
A part of Asa Hutchinson's plan to reduce recidivism as well as prison populations would give $2.8 million in grants to alternative courts, such as drug or veterans courts.
SB472 would establish statewide standards and procedures for the state's alternative courts.
As of now, alternative courts have no such standards and operate somewhat autonomously, court officials have said.
The bill would also create the Legislative Criminal Justice Oversight Task Force, a group of no more than 14 appointees from the governor and other offices that will study the effectiveness of recent policies and programs and submit reports and recommendations to the governor, the Legislative Council and the chief justice of the Supreme Court.
Metro on 03/03/2015