Arkansas Senate committee approves Sanders' criminal justice bill

State Sen. Ben Gilmore, R-Crossett, addresses the media during an announcement of Gov. Sarah Huckabee Sanders' new $470M criminal justice package during a press conference at the State Capitol on Monday, March 27, 2023. (Arkansas Democrat-Gazette/Stephen Swofford)
State Sen. Ben Gilmore, R-Crossett, addresses the media during an announcement of Gov. Sarah Huckabee Sanders' new $470M criminal justice package during a press conference at the State Capitol on Monday, March 27, 2023. (Arkansas Democrat-Gazette/Stephen Swofford)

A Senate panel on Wednesday endorsed a wide-ranging criminal justice bill that aims to revamp Arkansas’ parole system and would require people convicted of the most violent felonies to serve the entirety of their sentences in prison.

Senate Bill 495 by Sen. Ben Gilmore, R-Crossett, advanced from the Committee on Judiciary on a voice vote with audible dissent from the panel's two Democratic senators, Stephanie Flowers of Pine Bluff and Clarke Tucker of Little Rock. The measure, which would create the “Protect Arkansas Act” if enacted, moves to the full Senate for further consideration.

Along with restructuring the state’s parole system, SB495 aims to establish a task force to study Arkansas’ high rate of recidivism, require the creation of a new bail reporting system and increase penalties for certain charges.

Gov. Sarah Huckabee Sanders announced the bill as part of a larger criminal justice package during a news conference Monday.

Among other provisions, the 132-page bill includes sections intended to provide incarcerated parents with greater access to their children and allow the Administrative Office of the Courts to contract attorneys to serve in specialty courts.

Much of the discussion and testimony on the bill concerned the overhauled parole system, dubbed “post-release supervision” in the bill.

Supporters said the bill is needed to provide stricter sentences for people convicted of serious felonies and to provide clarity to juries on how long a person will spend in prison based on their sentence. Opponents said extending prison sentences does little to deter future crime and pointed to Arkansas' already high rate of incarceration. Some who spoke about the measure raised concerns that the Legislature is advancing the bill too quickly.

SB495 would require incarcerated people to serve 100%, 85%, 50% or 25% of their sentences, depending on the severity of their convicted crimes.

Offenders convicted of the most violent felonies, including rape and capital murder, would have to serve 100% of their prison sentences. Offenders convicted of lesser violent felonies, such as second-degree murder, battery in the first degree or sexual indecency with a child, would have to serve 85% of their sentence before being eligible for release with supervision.

Incarcerated people convicted of felonies not addressed in the bill could be eligible to serve 50% or 25% of their sentence depending on a seriousness grid or table established by the Arkansas Sentencing Commission and approved by the Arkansas Legislative Council.

Under the state’s current system, Gilmore said, offenders may serve only one-sixth of their sentence. He argued that reduced sentences may prevent incarcerated people from completing programs that are intended to aid their rehabilitation.

Tucker said that time served for several crimes in Arkansas is already longer than in neighboring states. Arguing that Arkansas already has one of the highest violent crime rates in the country, he questioned how lengthening sentences would improve crime rates.

Gilmore said his bill would strike a balance between extending prison sentences and preparing incarcerated people for release. To become eligible for early release under the bill, Gilmore said, offenders would have to earn credits by participating in programs in prison.

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