Board of Corrections hires lawyer in prison bed issue with Gov. Sanders, AG Griffin

The potential for a dispute at Arkansas’ “constitutional crossroads” increased Dec. 8 when the Arkansas Board of Corrections (BOC) hired a lawyer to represent the board in an ongoing prison housing feud with Gov. Sarah Sanders and Arkansas Attorney General Tim Griffin.

On Nov. 17, Gov. Sanders and AG 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. Payne’s request was for temporary beds in the following facilities.
• 60 beds in the gymnasium at the Ouachita River Correctional Unit in Malvern
• 70 beds in existing space at the North Central Unit in Calico Rock
• Restoring 124 beds at the re-entry center at the Maximum Security Unit in England, Ark.
• 124 beds in existing space at the Ester Unit in Pine Bluff
• 244 beds in a vacant building at the McPherson Unit in Newport

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 Board asked for more information before approving those requests.

BOC members 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. The ADC said county jails were holding 1,895 inmates waiting for space in the state prison system.

As of Monday (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.

BOC Chair Benny Magness, on Nov. 20, sent a letter to Sanders and Griffin chastising them about going public with the prison bed dispute instead of working together on a solution.

“Finally, while it is your prerogative to hold press conferences, I personally believe that more work can be accomplished in a conference room than a press hall. 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,” Magness noted in the letter.

He also said the state is at a “constitutional crossroads” with Secretary Profiri taking the “erroneous position that he is unaccountable to the Board” and instead is answering to Gov. Sanders.

“He has directly told members of the Board that he ‘only works for the governor.’ This situation is untenable,” Magness wrote. (Link here for a PDF of Magness’ letter.)

During the Dec. 8 BOC meeting, members 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.” The move, according to the BOC, was “based upon our Attorney General’s press conference three weeks ago.”

In a statement provided to Talk Business & Politics, Griffin said he is not sure it is appropriate for the BOC to hire outside counsel.

“We are currently looking into this particular matter. However, it should be noted that Arkansas law is clear that the Attorney General shall be the attorney for all state officials, departments, institutions and agencies unless the law provides otherwise. And a board, commission or other state entity must obtain the consent of the Attorney General before hiring outside counsel. Further, the Board of Corrections’ own administrative regulation ADC 1.8 contemplates referring civil lawsuits involving employees to the Attorney General,” noted the statement from Griffin’s office.

Also, at the Dec. 8 BOC meeting, Profiri again requested 492 more beds, with 124 beds at the Ester Unit, 124 beds at the Maximum Security Unit near Pine Bluff, and 244 beds at the McPherson Unit. The BOC approved the 124 beds at the Ester Unit.

Sanders signed the Safer, Stronger Arkansas legislative package 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 improve conditions for inmates.