Director Payne outlines Emergency Powers Act and recidivism rates during correctional meeting
March 28, 2022 | JUDICIARY COMMITTEE - SENATE, Senate, Committees, Legislative, Arkansas
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The Judiciary Committee of the Arkansas Senate convened on March 28, 2022, to discuss critical issues surrounding the Emergency Powers Act (EPA) and recidivism rates within the state's correctional system. The meeting aimed to address the growing concerns regarding correctional populations and the backup in county jails.
The discussion began with a summary of the Emergency Powers Act, which was originally established in the 1980s and 1990s. The Act is divided into two segments: the 90-day EPA and the 1-year EPA. The 90-day EPA allows for the early release of offenders who have already been approved for parole by the seven-member parole board, triggered when the male or female populations in correctional facilities exceed 98% of their rated capacity for 30 consecutive days. The director of the division of correction certifies a list of eligible offenders for consideration.
The 1-year EPA is activated when the county jail backup exceeds 500 offenders for 30 consecutive days. This option can move up the parole, transfer, or discharge dates for eligible offenders by up to one year. However, individuals must still meet with the parole board prior to release, and approval is not guaranteed.
The committee also addressed the issue of recidivism, revealing a Department of Correction-wide rate of 46.1%. This figure is based on a 36-month return rate for individuals released in 2017. The breakdown shows a 47.8% recidivism rate in the division of correction and a lower rate of 37.5% in the division of community correction. The speaker emphasized the unacceptably high rates of recidivism, underscoring the need for effective strategies to reduce these numbers.
The meeting concluded with an acknowledgment of the pressing issues within the correctional system and a call for further discussions on programming updates from division directors. The committee's focus on the Emergency Powers Act and recidivism highlights ongoing challenges in managing Arkansas's correctional populations and the need for reform.
The discussion began with a summary of the Emergency Powers Act, which was originally established in the 1980s and 1990s. The Act is divided into two segments: the 90-day EPA and the 1-year EPA. The 90-day EPA allows for the early release of offenders who have already been approved for parole by the seven-member parole board, triggered when the male or female populations in correctional facilities exceed 98% of their rated capacity for 30 consecutive days. The director of the division of correction certifies a list of eligible offenders for consideration.
The 1-year EPA is activated when the county jail backup exceeds 500 offenders for 30 consecutive days. This option can move up the parole, transfer, or discharge dates for eligible offenders by up to one year. However, individuals must still meet with the parole board prior to release, and approval is not guaranteed.
The committee also addressed the issue of recidivism, revealing a Department of Correction-wide rate of 46.1%. This figure is based on a 36-month return rate for individuals released in 2017. The breakdown shows a 47.8% recidivism rate in the division of correction and a lower rate of 37.5% in the division of community correction. The speaker emphasized the unacceptably high rates of recidivism, underscoring the need for effective strategies to reduce these numbers.
The meeting concluded with an acknowledgment of the pressing issues within the correctional system and a call for further discussions on programming updates from division directors. The committee's focus on the Emergency Powers Act and recidivism highlights ongoing challenges in managing Arkansas's correctional populations and the need for reform.
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