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Arkansas’ Current Incarceration Crisis
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In the wake of Act 570 (2011) both crime and incarceration had been on the decline in Arkansas. However, Arkansas has led the nation in increase of incarceration from 2013-‐2015 and has set record highs in prison population in back-‐to-‐back months (April 2015 and May 2015). The prison population is closing in on 19,000 compared to 14,805 in 2012. To quote a report commissioned by ADC, ACC and the sentencing commission: With a declining crime rate and only moderate growth in the resident population, the recent large increase in Arkansas’ incarcerated population is likely driven by policy choices within the state’s criminal justice system.
Arkansas’ Current Incarceration Crisis
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Arkansas’ Current Incarceration Crisis
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-‐...while crime was decreasing in 2012-‐2013 (with violent crime decreasing every year since 2009).
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Disproportionately affects Blacks Blacks make up 16% of the state population but 43.5% of the prison population. Black men are 35% of male population of Little Rock but constitute 80% of the male drug arrests in Little Rock; this despite no significant difference in drugs use between Blacks and Whites. Black children 90% of the children placed in solitary confinement in Arkansas since 2005 are Black. 90% of children under 18 housed in Arkansas’ adult prisons are Black, thus the discrepancy between White and Black juvenile commitments ages 16-‐20. Arkansas’ Black children are disproportionately incarcerated, making up 51% of the children incarcerated in FY 2014. Black children ages 13 and under are more likely to be incarcerated for felony offenses (no White children under 14 years-‐old were incarcerated for felony offenses in FY2014). As of Summer 2015, Arkansas reached a ten-‐year high in children incarcerated in adult prison-‐-‐-‐90% of these children are Black.
-‐Number of juveniles incarcerated for felony offenses by race and age. Women Also Disproportionately Impacted In FY 2014 there was a 13.7% increase in newly incarcerated men and a 46.7% increased in newly incarcerated women. Total prison admissions (including probation and parole violators) increased 47% for men and 73.2% for women.
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Here are the policies that led to the incarceration crisis: Legislation from 2013
-‐Act 485 (Sen. David Sanders) gave the Parole Board more discretion over parole for sex and violent felonies.
-‐Substance -‐Makes sex offenses and other serious felonies ineligible for mandatory parole.
-‐Results -‐The number of people with sex and violent felony convictions denied release increased in the same year.
-‐Act 1029 (Sanders) Mandatory revocation hearings for parolees charged with violent and sex felonies. -‐Substance
-‐Requires mandatory revocation hearings for parolees charged with violent and sex felonies.
-‐Results -‐Doesn’t account for prosecutorial overcharging. -‐Burdens parolees’ due process rights because the revocation hearing is required to be held within 14 days of the day the parole warrant was issued.
-‐Act 1415 (Sen. Jason Rapert) -‐Substance
-‐Decreased the number of times intermediate sanctions can be used for a technical violation before a revocation hearing is set. -‐Decreased the number of days someone can be incarcerated as an intermediate sanction before a parole officer files for revocation.
-‐Results -‐Increase in number of revocation hearings for technical violations that would have otherwise resulted in an intermediate sanction.
-‐Act 1030 (Sanders) -‐Substance
-‐Broadens the definition of recidivism to include any parolee arrested within three years of release. -‐Compare with the 2011 definition: “Return to incarceration in an Arkansas Dept. of Corrections prison or a Dept. of Community Corrections facility other than the Technical Violators Program (TVP)”.
-‐Results -‐Creates a false impression that supervisees are committing more crimes when, in fact, they may be getting arrested for technical violations or traffic tickets.
-‐Wrap-‐up -‐Prevailing story
-‐The May 2013 murder at the hands of Darrel Dennis, a parolee that was out of custody pending a revocation hearing, led to a crackdown on parolees and crime -‐But in fact the ball was in motion prior to the Darrel Dennis murder.
-‐Legislation was passed during the legislative session (Jan. 2013 – April 2013) -‐Incarceration began to increase in April 2013, a month before the murder. -‐This legislation resulted in Cmsr. Wallace of the Parole Board predicting “some of these new bills could have a major impact on the prison population and need to be studied thoroughly” in February 2013.
The media gave a platform to politicians, administrators and law enforcement personnel that told untruths.
-‐Example: Sen. David Sanders -‐“I think we’re going to look at [the Darrell Dennis] case specifically, we’re going to talk about the broader issue. Broader problems exist in parole” “we’ve all known parole doesn’t work” “[we have to amend policy] to keep hardened criminal’s behind bars”1
1 http://thecabin.net/news/state/2013-‐07-‐06/lawmakers-‐take-‐parole-‐system#.VYyjMKZHjoh
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-‐Facts not mentioned by Sanders -‐89% of parolees at the time reported as required -‐Darrell Dennis was supervised by Pulaski County parole, which was an outlier -‐Because the Pulaski County parole officers were exceptionally overworked. -‐Recidivism amongst “hardened criminals” had actually decreased at the time
-‐Recidivism among murder releases from 60% to 25% to 0% -‐Aggravated robbery recidivism was at a three-‐year low.
-‐Doesn’t cite any increases in recidivism or crime -‐Violent crime was down at the time. The Board of Corrections (BOC) and Parole Board made sweeping policy changes in the wake of the Darrell Dennis murder
-‐Narrow recommendations from the state police investigation -‐Better training for Area Managers related to the flexibility of the sanctions matrix -‐Change the sanctions matrix so that the supervisee doesn’t start over after completing TVP -‐Better training for supervisees who have a pending mental examination -‐Incarcerate offenders who have a pending mental examination until revocation hearing can be heard -‐Parole hold release should be approved in writing at a level higher than Assistant Area Manager -‐Establish and use behavioral criteria to evaluate appropriateness of TVP for individual supervisees
-‐Broad sweeping policy changes of the BOC and Parole Board in 2013 1. ACC will not release parole holds on people awaiting revocation hearing 2. All requests for release of holds made by sheriffs or jail personnel must be in writing 3. Parolees charged with a violent felony, sex misdemeanor or violent misdemeanor
are to be detained and a revocation hearing set 4. Parolees charged with any other felony will either be jailed or placed on GPS and a
revocation hearing requested 5. Parolees who have absconded will be jailed and revocation hearing requested 6. Parolees who have two prior violations for evading supervision will be jailed and a
revocation hearing shall be set for the 3rd violation 7. Parolees who have evaded supervision for more than 90 days and have violent
history shall have a revocation hearing requested 8. Certain low-‐level felonies excluded from the definition of technical violation 9. No release should be issued if mental examination is pending for an upcoming
parole revocation hearing 10. Restricted the qualifications for TVP
New Legislation Act 895 (2015) will further increase incarceration by:
-‐Further burdening probationers and parolees’ constitutional rights against unreasonable searches and seizures -‐Giving the parole board discretion to never grant parole to people with violent convictions -‐Making residential burglary a violent felony
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A Few Possible Solutions: -‐Repeal the aforementioned legislation from 2013 and 2015. -‐Repeal the aforementioned policy changes. -‐Replace administrators responsible for the aforementioned policy changes. -‐Build on the advances of Act 570 (esp. eliminating mandatory minimums and reducing sentences) -‐Institute reforms implemented in other southern states
-‐Louisiana -‐Life sentences are eligible for parole -‐Allow probation and parole for habitual offenders
Kentucky -‐Make nonviolent offenses (incl. burglary) eligible for parole after 15% of their sentence or 2 months, whichever comes first -‐Home incarceration within 180 days of release for nonviolent crimes (builds on Act 570)
Mississippi -‐Remove cap on good time credits in prison -‐Expand crimes eligible for probation Texas -‐Institute a means to restore forfeited good time Georgia and South Carolina -‐Reduce draconian sentencing ranges Omavi Shukur Director Seeds of Liberation, Inc. 1723 S. Broadway St. Little Rock, AR 72210 501-‐681-‐7214 www.seedsofliberation.org
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