Act 185

Ruling favors Board of Corrections, blocks Gov. Sanders’ move to add prison beds

by Talk Business & Politics staff (staff2@talkbusiness.net)

Recent legislation used by Gov. Sarah Sanders in her attempt to take control of prisons from the Arkansas Board of Corrections (BOC) has been blocked in a ruling handed down Friday (Jan. 19) by Pulaski County Circuit Judge Patricia James.

Sanders and Arkansas Attorney General Tim 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 BOC claims that Amendment 33, ratified in 1942, does not allow a governor to take direct control of the state’s prison system.

Judge 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.

Ruling favors Board of Corrections, blocks Gov. Sanders’ move to add prison beds

Arkansas judge agrees with Board of Corrections, grants preliminary injunction

KUAR | By Josie Lenora

A judge has sided with the Arkansas Board of Corrections in a lawsuit filed against Gov. Sarah Huckabee Sanders.

Pulaski County Circuit Judge Patricia James heard testimony Thursday from corrections officials about safety in state prisons. She also listened to legal debates over the constitutionality of the way the board is managed.

Last year, Gov. Sarah Huckabee Sanders signed several criminal justice-related laws. These included the “Protect Act” which required violent criminals to serve more of their sentence, and Act 185 which gives the governor more oversight over prison management.

In her ruling Thursday, James sided with the Corrections Board, blocking Act 185 and parts of the Protect Act from going into effect until the lawsuit's resolution.

Arkansas judge agrees with Board of Corrections, grants preliminary injunction

The Pulaski County Courthouse in downtown Little Rock is seen in this file photo.