Arkansas Board of Corrections chair calls out Gov. Sanders and AG Griffin over prison beds news conference, talks constitutional concerns
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LITTLE ROCK, Ark. – A seven-page letter from the Arkansas Board of Corrections chairman provides a detailed list of concerns with a request for prison beds and a related press conference by the governor and attorney general.
The Nov. 20 letter from chairman Benny Magness addressed to Gov. Sarah Huckabee Sanders and Attorney General Tim Griffin is in response to a Nov. 17 news conference where both took the Board of Corrections to task for not providing more prison beds. Sanders and Griffin were joined by Secretary of Corrections Joe Profiri at the Friday conference.
“I fear that you may not be appraised of the actual facts that led to your press conference,” Magness writes, “and I fear that some of the sentiments conveyed overlook an important feature of Arkansas’s constitutional order.”
The chairmen then lists a variety of factors leading to his concern, not just with the Nov. 17 press conference but with the nature of how Sanders, Griffin and Profiri dealt with the board.
Magness points out that the Arkansas Department of Corrections has approved a total capacity of 15,022 inmates while housing 16,288 as of Nov. 20, meaning state prisons are 1,266 over capacity. This does not include the “approximately 2,000 ADC inmates held in county jail backup,” Magness wrote.
This is coupled with what Magness called “a critical shortage of personnel” that would be made worse by adding more inmates. Adding more inmates would be an “avoidable risk” that could lead to lawsuits, he said.
Magness continues that the Nov. 17 press conference by Sanders and Griffin was a surprise.
“Since taking office, neither the Governor’s Office nor the Attorney General have contacted the Board to discuss or address any concerns-whether about bedspace, staffing, or any other topics addressed during the press conference. I hope to foster an open and collegial dialogue with your offices and would invite the opportunity to collaborate in a more productive manner. In the future, I would welcome the opportunity to speak with your offices directly, rather than hearing your concerns after the fact from news reports.”
letter from Board of Corrections chairman Benny Magness to Gov. Sarah Huckabee Sanders and Attorney General Tim Griffin dated Nov. 20.
Magness also called out Sanders’ statement at the conference that Sec. Profiri had made a “thoughtful, informed and desperately needed request” for the board to add 622 beds.
“If Secretary Profiri’s proposal was ‘thoughtful,’ he failed to share those thoughts with the Board,” Magness stated. “Indeed, Secretary Profiri did not attend the November 6, 2023 Board Meeting, and the request for additional beds was first provided to me just minutes before our meeting began.
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Magness continued that the board did suspend the rules at its meeting in order to add Profiri’s request to the meeting agenda.
Staffing remains a central issue in the ability of corrections to house inmates. Magness states that “one-third of our open [staff] positions are unfilled” and “I shudder to think about what would happen in the case of a riot in any of our extremely understaffed facilities.”
Magness provided some context of staffing against the request for more beds.
“For context, the vacancy percentages at Ouachita River, McPherson, and the Maximum-Security Correctional Units are approximately 38.76%, 38.57%, and 33.33%, respectively,” he wrote. “Of the 622 additional beds proposed by Secretary Profiri just minutes before our November 6 Board Meeting, 428 were requested for these understaffed Units. In other words, nearly 69% of the additional beds were proposed for areas with critical staffing shortages.”
The chairman continued that Profiri “… failed to provide any information necessary for the Board’s ability to consider the propriety of the full request for 622 additional beds, and in some cases, I believe that Secretary Profiri transferred inmates before ever seeking Board approval.”
Magness then outlines what he calls “my second and broader concern” regarding the governor apparently not considering the Arkansas constitution, specifically Amendment 33, which prevents political interference on state boards or institutions.
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After giving the history of Amendment 33, Magness continues: “I believe the attempted alteration of Secretary Profiri’s duties to the Board has dealt incredible damage to the safety and security of Arkansans,” calling out statements made by Profiri that he is unaccountable to the board and only works for the governor. He also stated that Acts 185 and 659, passed in the most recent general session, “are incompatible with Amendment 33’s preservation of the Board’s powers.”
“I take no joy in making the simple observation that we find ourselves standing at a constitutional crossroads, and this letter reflects my solemn commitment to faithfully discharge the duties of my office,” Magness wrote.
Magness ends that while the governor is free to hold press conferences, “I personally believe that more work can be accomplished in a conference room than in a press hall,” adding, “Otherwise, given your stated support for protecting Arkansans, I trust that your administration will support a robust funding measure at our next fiscal session — regardless of who occupies the position of Secretary of Corrections — to provide the Board with the necessary resources to house the inmates committed into our custody.”
He concluded with an open invitation for Sanders and Griffin to meet with the Board of Corrections.
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A spokesperson for the governor’s office responded:
“Governor Sanders’ top priority is keeping Arkansans safe, and finds it completely unacceptable that the Board of Corrections fails to take action, choosing to write multi-page letters defending catch and release instead of opening additional prison beds to keep violent, repeat offenders behind bars. Arkansans deserve better, and the Sanders administration will continue to do everything in its power to enforce the law and keep the most dangerous criminals off our streets.”
Attorney General Tim Griffin responded:
“Allowing an unelected board to thwart the will of the governor and the legislature is a horrible way to run state government and deserves a fresh examination. The Chairman has presided over decades of prison policy that has made us less safe and brought us to the breaking point. The best option for all Arkansans is for the board to approve more prison beds now.”
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