Gov. Mike Beebe said Thursday that prosecutors who were concerned about some sections of his prison sentencing-overhaul bill were just confused about what it actually does.
“I think things are getting back on track. There was a lot of miscommunication, and I think a lot of misunderstanding,” Beebe said. “They realized they were putting out erroneous information so they backed off. Where they are putting out accurate information, let’s see if we can still resolve the differences. If we can, we will. If we can’t, then we’ll agree to disagree and just go on from there.”
The Arkansas Prosecuting Attorneys Association president said the governor’s staff clarified or offered to fix some parts of the bill, but that the group still has concerns with shorter prison sentencesfor methamphetamine offenders and early parole for some felons.
Some members of the association said Wednesdaythat they had concerns that if the draft became law it could put dangerous criminals on parole sooner.
A draft of the bill was leaked to the Arkansas Democrat-Gazette on Wednesday. It has not been filed as a bill in the current legislative session. The measure focuses on reducing the rate of growth in the prison population by changing the sentencing laws to keep violent offenders behind bars while treating and monitoring nonviolent offenders, including drug users.
It is not supposed to lower punishments for violent offenders, Beebe said.
Sen. Jim Luker, D-Wynne, said he will file the bill, titled the Public Safety Improvement Act, perhaps next week.
Beebe said the bill should be completed “as fast as they can make sure that everybody understands what the bill says.”
He said the changes to the 164-page draft bill, in part because of the prosecutors’ concerns, could be “significant.”
“That’s why it’s a draft. It’s out there for people to comment on, make suggestions on, voice their objections on,” Beebe said.
The governor and a legislator, Rep. David Sanders, R-Little Rock, had a tense exchange of words in the presence of a couple of dozen people in a Capitol entrance Thursday, with Beebe accusing Sanders of causing misunderstanding by circulating incorrect information from the prosecutors association and Sanders insisting not all of the information was wrong. They parted without agreement.
After meeting with Beebe on Thursday morning Robin Carroll of El Dorado, the prosecutor for the 13th Judicial District, told the freshman legislative caucus that he still has problems with shorter prison sentences for certain drug offenders and parole for some felons.
“There are still issues with the bill ... things we want to continue working with the governor to see if we can come to some type of consensus,” Carroll said. “This is quitean overhaul of the Arkansas criminal statutes.”
The group backed away from claims that some people who committed crimes such as rape of murder would be let free early, calling it a misunderstanding.
Prosecutors association President Henry Boyce of Newport said the group still has concerns about 10 of the bill’s 122 sections.
“I think the governor’s office has expressed a desire to work to resolve some of our problems, whether or not that will occur remains to be seen,” Boyce said.
An ongoing concern is that a defendant convicted of a Class B, C or D felony could be eligible for parole or electronic ankle monitoring within 120 days, Carroll said. Crimes at that level of felony include several drug offenses along with incest, theft, arson, negligent homicide and some sexual assaults and battery.
“There are a laundry list of crimes for B, C and D felonies, and, yes, [the governor’s staff was] very open to changing who would be eligible ... and making sure that violent criminals that fit in that classification are not eligible,” he said. “I think that is something we can resolve.”
Carroll said the prosecutors will not support the bill without a change to that section.
Beebe said that a portion of the bill is aimed at low-level drug offenders, not violent criminals.
The governor said his office is still trying to find a way to give drug offenders more access to parole without opening a door to those who committed offenses that the public thinks warrant more prison time.
“There are some things in there that are violent - domestic battery, incest- I don’t like that,” he said. “And I’ve told them to go back and see how you can get to the folks you’re trying to get to there ...but that are nonviolent.” The association is also concerned about changes in the punishment for people who manufacture methamphetamine. The bill lowers the penalty for manufacturing or delivery of less than 28 grams of methamphetamine and for possession of methamphetamine paraphernalia. It increases the punishment when the offense involves more than 28 grams, including up to life in prison for trafficking methamphetamine.
Carroll said the lower penalties and higher level of proof needed to show that someone committed a crime would make it more difficult for prosecutors and law enforcement to get convictions.
“Cutting the sentences for drug dealers and methamphetamine manufacturers to the extent that they are in the current [proposed] bill, that’s something that has to be changed,” Carroll said.
Beebe said prosecutors and others may not like everything in the bill, but the state has to do something to curb the rate at which its prison population is growing. He said that means reducing prison time for nonviolent drug offenders.
He said if changes don’t happen, growth would have to be paid for through a tax increase.
“Prosecutors aren’t going to have to vote for these taxes or they’re not going to let the people out of prison, that’s our responsibility,” Beebe said. “We don’t have enough beds now and we don’t want to turn the bad guys loose. We want to punish nonviolent criminals and punish them smarter and save some of these beds for the bad guys.” A Washington, D.C.-based Pew Center on the States study commissioned by Beebe and released in January found that if Arkansas doesn’t make changes to its correction system, it will spend an extra $1.1 billion on prisons in the next 10 years, and the prison population will grow 43 percent. Making the recommended changes soon could save $875 million, the study said.
On Thursday, 16,371 people were in the Arkansas prison system, including 1,757 being held in county jails.
Northwest Arkansas, Pages 9 on 02/18/2011