Board of Corrections votes to fire Corrections Secretary Profiri

The Arkansas Board of Corrections (BOC) on Wednesday (Jan. 10) voted to fire Corrections Secretary Joe Profiri, who was appointed by Gov. Sarah Sanders and is a member of her cabinet. The move follows several weeks of conflict between the BOC and Sanders.

The vote was 5-2 for dismissal, with BOC members John Felts and Brandon Tollett, a recent Sanders appointee to the commission, voting against the action. The BOC is expected to soon send a letter to Sanders officially notifying her of the vacancy.

Problems between the BOC and Sanders and Arkansas Attorney General Tim Griffin went public on 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. BOC members at the time made it clear that the prison system lacked the staff to responsibly add more beds.

The BOC also suspended Corrections Secretary Joe Profiri for acting against BOC decisions.

In a Nov. 20 letter to Sanders and Griffin, BOC Chair Benny Magness 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.

Gov. Sanders said she will retain Profiri as a consultant, and continued her claims that Magness and the BOC are more interested in “political stunts” than progress.

“My focus is on the safety of Arkansans and ending the failed policy of catch and early release of violent criminals in this state. Sadly, the Board of Corrections has chosen repeatedly to focus on pushing lies, political stunts, and power grabs,” the governor noted in a statement issued late Wednesday. “We firmly support Joe Profiri as Secretary of Corrections and are proud of the accomplishments we’ve achieved together. During ongoing litigation Joe Profiri will be serving as a senior advisor to me in my office. I’m confident that Attorney General Griffin will successfully defend the law in court.”

Sanders and Griffin say that Acts 185 and 659, passed in the 2023 Legislative Session, give the governor direct authority over leadership at the Department of Corrections. The BOC on Dec. 14 filed lawsuits in Pulaski County Circuit Court challenging the constitutionality of sections of Acts 185 and 659. The lawsuits list Sanders, Griffin, Profiri and the Arkansas Department of Corrections as defendants.

Pulaski County Circuit Judge Patricia James on Dec. 2 granted a temporary restraining order preventing Sanders and Griffin from exercising authority under Acts 185 and 659. A hearing on the lawsuit was held Jan. 4.

Also, on Dec. 20 BOC Chair Benny Magness asked Gov. Sanders for 138 National Guard members to help with staff shortages in the state’s prison system that Magness says has prevented adding more prison beds requested by the governor. Magness’ letter to Sanders asks for 40 Guard members to relieve “Certified Correctional Staff who will then provide the manpower to open the 124-bed Tucker Re-Entry Center. The Guardsmen will fill positions which are staffed 24 hours per day, 7 days per week,” Magness wrote.

An additional 98 Guard members requested will be utilized in similar positions at various units “which have a Correctional Officer I vacancy rate that exceeds 40% as of November 30, 2023,” according to Magness’ letter.

Sanders responded by asking Magness to resign saying, it is “clear that the Board of Corrections is incapable of rational, reasonable, or fiscally responsible decision making under your leadership.”

Prior to being nominated by Sanders to lead Arkansas’ corrections system, Profiri was the deputy director of the Arizona Department of Corrections. He has more than 30 years of experience in administration of public safety programs and correctional oversight at local, state, and national levels, according to a statement from Sander’s office.