AAC
RESEARCH CORNER
The Criminal Justice System in Arkansas: Where we’ve been and where we are heading
T
he criminal justice system in Arkansas has traditionally been reactionary. The few times the system attempted to be proactive the plans enacted into law were not fully funded or fully implemented. However, we have made significant strides bending the growth curve on criminal offenses in Arkansas. The objective studies of our criminal justice system have consistently demonstrated the annual growth in crime, including violent crime, and the need for additional state prison beds, including additional maximum-security beds. This is primarily due to population growth and the high rate of violent crime in Arkansas. Legislation such as Act 570 of 2011 — the “Public Safety Improvement Act” — and Act 423 of 2017 — the “Criminal Justice Efficiency and Safety Act” — sought to bend the corrections growth curve, not cause there to be zero growth. According to corrections officials, the crime rate in Arkansas has decreased from approximately 3.5 percent in 2015 to 1.2 percent in 2021. However, the growth curve in Arkansas has consistently and reliably reflected some level of growth in crime, including violent crime. In recent years violent crime in Arkansas has grown, on average, by 1.5 percent annually. Again, the key word is “growth.” It remains that Arkansas ranks 4th nationally in violent crime. As stated by Governor Asa Hutchinson in his State of the State speech, “We are increasing support and affirming that the first duty of government is public safety.” He also expressed when he came into office that he planned to “improve the quality of life in Arkansas.” Governor Hutchinson and the General Assembly have made major strides in corrections, community corrections, and behavioral health. Ask any Arkansan if they expect persons convicted of violent crimes to be incarcerated in accordance with their judgment of conviction, and the answer will be a resounding, “Yes.” Are they aware that the criminal justice system has been continually under-funded? Are they aware that violent criminals are released after serving a fraction of their sentence — sometimes 1/6th of their sentence? Are they aware that Arkansas ranks 4th nationally in the United States for violent crime? Early release of violent state inmates due to prison overcrowding is a conscious decision based upon the capacity of maximum-security beds in the state prison system. We’ve made several strides in corrections and community corrections. However, we need far more maximum-security beds in the state prisons for holding violent criminals for the term of their sentence. 14
To compound matters, we now have unprecedented overcrowding in our county jails and an unprecedented case load upon our circuit courts, prosecuting attorneys, and Jordyn Nykaza public defenders. Due to COLaw Clerk VID-19, there have been few jury trials over the past two years. There have been bottlenecks in the transfer of convicted felons from our county jails to the state prison system. Due to the overcrowded jails, the backlog of unserved warrants has swelled. The backlog of criminal cases and state inmates backed up in our county jails will persist for years.
History of State Prison Beds in Arkansas
The last time Arkansas opened a new prison was in 2003 with the Ouachita River Unit. Mike Huckabee was Governor. According to the 2021 U.S. Census, the population of Arkansas has increased from 2.72 million to 3.01 million since the prison was built. Currently, the state prison system has a total of approximately 16,000 prison beds spread among 17 state prisons. JFA Institute has been engaged in studying and reporting on the criminal justice system in Arkansas for over a quarter of a century. According to the institute, Arkansans should anticipate prison population growth to increase to 18,100 by 2026 and reach over 19,000 by 2030. Where are the thousands of convicted felons, many of whom are violent felons, going to serve their sentences? In our county jails by default? Because Arkansas is ranked 4th in the nation for reported violent crime rates, national organizations have focused studies on the prison population and how it is predicted to increase. JFA has released annual reports studying Arkansas, and those results consistently show a need for additional state prison beds. The reports also explain how violent crimes have been increasing by an average of 1 percent each year from 2010 to 2018. From the growth curve, JFA predicts what the population will become in the years that follow. When looking at the predictions and actual populations, the average percent difference between the predicted Arkansas Department of Corrections (ADC) population and the actual ADC population from 2009 to 2019 was 1.8 percent, according to JFA. This means JFA has reliably predicted the population the year prior and only overestimated the population by at most 500 people. Since 2015 the state of Arkansas has increased the number of state prison beds by over 1,000. However, the state also closed COUNTY LINES, WINTER 2022
