Arkansas Board of Corrections suspends Corrections Secretary Joe Profiri (Updated)

When Arkansas Board of Corrections (BOC) Chair Benny Magness said the situation between the board and Corrections Secretary Joe Profiri was “untenable,” he meant it. The Board on Thursday (Dec. 14) suspended Profiri for his actions related to adding prison beds.

In a letter dated Dec. 14 and directed to Gov. Sarah Sanders and Arkansas Attorney General Tim Griffin, Magness noted that Profiri is on “indefinite leave with pay pending further order of the court or decision of the Board. In the meantime, please understand that Mr. Profiri is prohibited from entry onto any property operated, owned or leased by the Arkansas Board of Corrections or its subordinate departments and division excluding his state-provided housing. Mr. Profiri is also barred from accessing any Board technology resources. In the event Mr. Profiri disobeys this directive, the matter will be referred to appropriate law enforcement.”

In a Nov. 20 letter to Sanders and Griffin, Magness chastised the two about going public with the prison bed dispute instead of working together on a solution.

DISPUTE HISTORY
The feud between the BOC and Sanders and Griffin went public Nov. 17 when Sanders and Griffin held a press conference during which the governor blasted the BOC for rejecting most of a request to provide more than 600 additional beds in the prison system. The BOC is the governing body of the state’s prison system.

Arkansas Department of Corrections (ADC) Director Dexter Payne asked the BOC in early November for 622 temporary beds to reduce inmate numbers in county jails. Approval was granted for 130 beds at the Ouachita River and North Central Units. It was noted that the other 499 new bed requests at other multiple prisons were denied, but the BOC asked for more information before approving those requests.

BOC members at the time made it clear that the prison system lacks the staff to responsibly add more beds. At that time, there were 16,292 inmates in state prison, with the prison system structured to house 15,022 inmates. As of Dec. 11, the ADC reported 16,387 inmates in state prisons, rated capacity at 15,022, and county jails holding 1,695 inmates waiting for state prison space.

Nevertheless, Profiri made moves to add more beds without BOC approval. Magness said the issue was putting the state at a “constitutional crossroads.” The BOC on Dec. 8 voted 3-2 to hire attorney Abtin Mehdizadegan with the Little Rock office of Hall Booth Smith “to represent and advise the board regarding employment matters.”

Griffin issued a statement Thursday questioning the legality of the BOC action.

“We are reviewing the board’s actions but remain troubled that they continue to violate the law regarding compliance with the Freedom of Information Act and the unauthorized hiring of an outside counsel,” Griffin said in the statement.

As of 4:30 p.m. Thursday, Profiri was still listed on the ADC website as the Corrections Secretary.

LEGAL ACTION
The BOC also filed lawsuits in Pulaski County Circuit Court challenging the constitutionality of sections of Acts 185 and 659 passed in the 2023 Arkansas Legislative Session. The lawsuits list Sanders, Griffin, Profiri and the Arkansas Department of Corrections as defendants.

“The Challenged Legislation also violates Amendment 33 by transferring the power to manage and direct the institution from the Board of Corrections to the Governor of Arkansas and to the Secretary of Corrections. These efforts are unconstitutional and wholly incompatible with the text, history and purpose of Amendment 33,” according to the court filing.

The lawsuit also alleges that the “Challenged Legislation” violates Arkansas’ Constitution “which still recognized that the Board has the ultimate authority to reject a candidate for Secretary of Corrections even after that individual was nominated by the Governor and confirmed by the Senate.”

Sanders signed the Safer, Stronger Arkansas legislative package (Acts 185 and 659) into law earlier this year. The legislation paves the way for the state to build a 3,000-bed prison to address overcrowding in county jails and improving conditions for inmates. It also includes the Protect Act, which strengthens law enforcement’s ability to get repeat offenders and violent felons off the streets and provides enhanced resources to rehabilitate inmates and help them reintegrate into society.

Despite the action against Profiri and the filing of lawsuits, Magness said the BOC still seeks to work with Sanders and Griffin to resolve staffing shortages within the prison system.

“While we are committed to resolving our differences in the courtroom, the immediate safety of our physical facilities cannot be overshadowed by ongoing litigation. We urgently request the opportunity to meet with your office for the purpose of working together to address our staffing shortages,” Magness noted in the letter.

“I stand firmly behind Secretary Profiri and his leadership of the Department of Corrections. The Board of Corrections would rather continue the failed catch and release policies instead of working with the Secretary to make our state safer, stronger, and more secure. I will continue to do everything in my power to keep Arkansans safe,” Gov. Sanders said on X, formerly known as Twitter, on Thursday afternoon.