Attorney General Tim Griffin working on appeal to decision siding with Arkansas Board of Corrections

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LITTLE ROCK, Ark. – Attorney General Tim Griffin’s office is hard at work on an appeal to Judge Patricia James’ Thursday decision over Act 185.

James issued a preliminary injunction against the law, placing Corrections Secretary Joe Profiri back under the authority of the Board of Corrections, rather than Gov. Sarah Huckabee Sanders.

Judge rules in favor of Board of Corrections in ongoing legal battle sparked by push to add prison beds

While the debate over the legality of the law might be settled for now, until it is taken up by the Arkansas Supreme Court, the capacity crisis in state prisons is far from over.

“The board will continue to look at movements to try and secure more beds safely,” Chairman Benny Magness told KARK 4 News on Thursday, following the ruling.

Testimony from Board of Corrections Auditor Tommy James included questions over him being fired by the Department of Corrections previously, but it also included shocking information regarding an inmate’s death.

That inmate was said to have committed suicide at the Ouachita River Correctional Unit Dec. 15th.

James said three people were working the jobs of what should’ve been five people that night.

As a result, it took an officer more than an hour to get to the inmate.

This solidified the board’s argument of the severe understaffing problem, and despite the need for more beds, they all testified that a lack of staff puts the inmates and staff at risk.

“The board of corrections for a long time has requested more beds, under many administrations, and it’s one thing I applaud Governor Sanders on is her plan to try to build more beds,” Magness said. “She’s committed to that. It’s just that we got to get through that time frame.”

Arkansas Board of Corrections suspends Secretary of Corrections Joe Profiri in ‘constitutional issue,’ requests TRO against Gov. Sanders

Board of Corrections members, including Magness, testified that Profiri pushed to add more beds without their permission since being placed under the governor’s authority.

Magness said they only learned about this after inmates were already on their way to their new facilities, causing the board to approve the transfers despite their hesitancy over bed space and staffing.

Attorneys for the state argued that if this was a big enough concern, the board could’ve pushed back more.

“None of us thought this needed to be or was a political move,” Magness said. “We just wanted to make sure and secure the vested powers of the board of corrections where we could properly manage it.”

Sanders spokesperson Alexa Henning provided a statement in response to the ruling.

“The Board of Corrections continues to play politics with the safety of Arkansans,” the statement read. “This is about protecting the people in this state and ending the failed policy of catch and release. The Governor is confident in the Attorney General and his team’s appeal to the Arkansas Supreme Court.”

Judge grants restraining order in Arkansas Board of Corrections suit, attorney general sues board

KARK 4 News is still waiting on the appeal to be filed and will continue following this case.

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