Arkansas Parole Overhaul Tweaked After House Committee Concerns

By Hunter Field, Arkansas Advocate

April 5, 2023

The sponsor of legislation to restructure Arkansas’ criminal sentencing and parole system made a pair of small changes to the bill after lawmakers raised concerns over a series of hearings the last two days.

Under the initial version of Senate Bill 495, negligent homicide would have been upgraded to a felony in all instances, but an amendment from House sponsor Rep. Jimmy Gazaway, R-Paragould, keeps the lowest level of negligent homicide a Class A misdemeanor. The offense would be a felony if it involves the use of a deadly weapon or operating a vehicle while intoxicated.

Negligent homicide occurs when a person negligently causes the death of another person without intent. Making the offense a felony in all cases was a sticking point in the bill for members of both parties.

Gazaway and Senate sponsor Sen. Ben Gilmore, R-Crossett, have said they originally upgraded the severity of negligent homicide to recognize the value of life in Arkansas.

Gazaway’s amendment also tweaked another provision of the bill that would change how state law treats repeat thieves. Initially, the bill would have made theft a felony if a person previously convicted of theft reoffended at any time in their life. The change would require the repeat offense to occur within 10 years of the first offense.

Those two provisions are smaller parts of the larger “truth in sentencing” bill that proposes an overhaul to Arkansas’ parole system.

The bill does away with automatic parole eligibility for convicted felons and requires those convicted of the state’s most serious offenses, like rape and murder, to serve 100% of their prison sentences behind bars.

The Protect Arkansas Act has the support of Gov. Sarah Huckabee Sanders and Attorney General Tim Griffin.

The House Judiciary Committee advanced the bill to the full House Tuesday afternoon after several lengthy hearings, including one that went late into the night on Tuesday.

“I think it will improve the state of criminal justice in Arkansas and truly hold accountable the people we afraid of, the people who commit the most heinous crimes,” Gazaway said.

Despite the amendment, there are still lawmakers and others opposed to the bill, arguing that increasing prison sentences is an ineffective and expensive way to try to reduce crime.

The legislation passed the Senate earlier this week, but it must go back to the Senate for concurrence on the amendment.

The Arkansas Advocate is a nonprofit, nonpartisan news organization dedicated to tough, fair daily reporting and investigative journalism that holds public officials accountable and focuses on the relationship between the lives of Arkansans and public policy. This service is free to readers and other news outlets.