Gov. Sarah Huckabee Sanders on Tuesday signed into law expansive criminal justice bills that aim to overhaul Arkansas’ parole system and hold dealers of fentanyl and other dangerous drugs responsible for overdose deaths.
"We will not rest until we hold criminals in Arkansas accountable and enforce the law on the books," the Republican governor said during a news conference. "We can and we must do everything that is within our power to protect the people of our state."
Senate Bill 495, known as the Protect Arkansas Act, will require people convicted of violent felonies to serve the majority if not the entirety of their sentences in prison.
Beyond restructuring the state's parole system, the 131-page measure features provisions intended to support child victims of crimes, prepare incarcerated people to enter the workforce and suspend court fines for incarcerated defendants for 120 days after they are released from custody.
House Bill 1456, or the Fentanyl Enforcement and Accountability Act of 2023, establishes "death by delivery" offenses with strict criminal penalties.
Both bills were sponsored by Rep. Jimmy Gazaway, R-Paragould, and Sen. Ben Gilmore, R-Crossett, and have received the endorsement of Attorney General Tim Griffin.
During the news conference, Sanders reiterated plans to add 3,000 beds to the state's prison system to ease the backlog of inmates held in county jails. The prison expansion and bills are part of a broader Safer, Stronger Arkansas public safety package advanced by Sanders.
Under the Protect Arkansas Act, people convicted of 18 of the most violent felonies in state code, including rape and capital murder, will have to serve the entirety of their sentences in prison. The new law would require courts to add a period of post-release supervision in these cases if defendants are not already sentenced to the statutory maximum for their offense.
People convicted of 53 lesser violent felonies such as second-degree murder, battery in the first degree or sexual indecency with a child will have to serve 85% of their sentence before being eligible for release with supervision.
If a person convicted of a crime that requires them to serve 100% or 85% of their sentence violates their terms of release, they would have to serve the remainder of their previous sentence plus the entirety of the sentence they receive for the violation.
Those convicted of felonies not addressed in the bill could be eligible to serve 50% or 25% of their sentence in prison depending on a seriousness grid or table established by the Arkansas Sentencing Commission and approved by the Legislative Council.
To allow the state Department of Corrections and courts to prepare for the changes included in the bill, the act will require offenders convicted of the most serious violent felonies to serve 100% of their sentences starting Jan. 1. For people convicted of lesser offenses, the new post-release supervision system would go into effect beginning Jan. 1, 2025.
While Democratic lawmakers voiced support for parts of the legislation, including support for specialty courts, they expressed opposition to the sentencing overhaul. Those who spoke against the bill pointed to studies showing longer sentences do not lead to a reduction in crime and called on lawmakers to invest more in prevention, treatment and reentry programs.
The Fentanyl Enforcement and Accountability Act of 2023 includes an "aggravated death by delivery" charge for people who knowingly deliver fentanyl to a person and the person dies as a result of taking the drug. This offense would carry a sentence of 20 to 60 years or life.
If a dealer provides fentanyl, methamphetamine, heroin or cocaine to a minor and the minor dies, the dealer also would be guilty of "aggravated death by delivery." If the person is less than three years older than the minor who died, the offender would face a prison sentence of 20 to 60 years or life. Otherwise, the person would face a life sentence.
Those who commit the offense of "predatory marketing of fentanyl to minors" by packaging the drug in a way to appeal to children could face a sentence of life in prison and a $1 million fine.