Law ends minors' absolute life terms in Arkansas

Hutchinson signs bill with parole path

Life-without-parole sentences for juveniles were removed from Arkansas' sentencing statutes with Gov. Asa Hutchinson's signature earlier this week.

The governor signed Senate Bill 294, which had passed both chambers of the Legislature with broad support. It became Act 539, according to the Legislature's website. The governor did not release a statement about the bill signing.

Giving minors convicted of crimes an automatic life sentence was abolished by the U.S. Supreme Court in 2012. That case, commonly known as Miller v. Alabama, also involved Arkansas inmate Kuntrell Jackson as one of the litigants. Jackson was sent away to prison for life for a robbery he participated in at 14, though it was his accomplice who was convicted of killing the store clerk.

The high court said last year its 2012 decision applied retroactively. More than 100 people now serve life sentences in Arkansas prisons for crimes committed before their 18th birthdays. Prosecutors said they would have to go through each case individually to determine a new sentence.

Act 539 will automatically make those inmates eligible for parole after 20 or 30 years, depending on their level of culpability. However, the act will not make such inmates eligible for sentence reductions for good behavior.

If the Arkansas Board of Parole determines that a youthful offender has not been rehabilitated, the board can choose not to release him.

The bill was sponsored by Sen. Missy Irvin, R-Mountain View, and Rep. Rebecca Petty, R-Rogers.

Petty was one of the principal opponents of similar legislation that failed in 2015. She said she changed her mind after meeting with a group advocating for the law -- which included a Chicago man released from prison for a gang killing he committed as a young teen.

Petty's own daughter was murdered in 1999, and her killer, who was not a minor, sits on death row. Several House members said publicly that Petty's support of the bill eased their concerns.

The Campaign for the Fair Sentencing of Youth, which campaigned for the measure, released a statement Wednesday applauding the governor's decision.

"Today's victory in Arkansas reflects the recent groundswell of support for abolishing death-in-prison sentences for children," Jody Kent Lavy, executive director of the Washington, D.C.-based organization, said in a statement. "Most importantly, it brings hope to those told as children they were worth nothing more than dying in prison."

A Section on 03/23/2017

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