Division continues over Franklin County prison funding as proposal hits senate resistance
After three failed attempts, the Arkansas Senate has yet to secure the votes needed to fund a 3,000-bed prison on Mill Creek Mountain in Franklin County.
The latest version of SB354 failed April 3 by a vote of 19-10. Another vote is scheduled for April 7.
The bill's repeated appearances reflect the governor's continued push for its passage. While the proposal has evolved between votes, it has not reached the 27 votes needed for approval. It failed 19-10 on April 1 and 18-13 on April 2.
Sen. John Payton (R-Wilburn), who voted 'nay' during the first two rounds, changed his vote to 'present' on Thursday.
'I'm working on due diligence regarding scale/size,' Payton said. 'I'm concerned that if we overbuild, we would be unable to utilize the whole facility because of a staffing shortage. It takes 'yes' votes for passage, so my change to 'present' indicates I'm working on solidifying my position.'
Sam Dubke, spokesperson for Gov. Sarah Huckabee Sanders, said, 'Governor Sanders and a bipartisan majority of legislators agree: it's time to fund the Franklin County prison, public safety and the future of Arkansas. The Governor will continue working with the legislature to pass this appropriation.'
Sen. Jim Petty (R-Van Buren) has consistently supported the prison and sees an opportunity to improve outcomes for those incarcerated.
'As you can tell, this is a very complicated matter when building a prison anywhere,' Petty said. 'I certainly understand the resistance from the Franklin County community around the unknown of a new prison in the area where they live. I would never be critical of their position on the issue.'
Petty emphasized the state's overcrowded prison system and the burden placed on county jails, which are not equipped to provide rehabilitation or long-term services.
'Maybe the most critical element is that we want to rehabilitate as many prisoners as possible for reentry back into society,' Petty said. 'Turning these criminals into productive citizens is always the first goal where possible. County jails can't provide many of the long-term services related to medical, education and reentry. Centralizing those services is the most cost-effective way to administer them.'
Sen. Justin Boyd (R-Fort Smith) echoed Petty's comments about moving state prisoners out of county jails. The Sebastian County jail continues to be at or over capacity, with 46% of the inmates in a state prison.
'If the state held the bulk of those individuals in prison, the jail would not be overcrowded,' Boyd said. 'Forcing the county to house state inmates in a jail at capacity more or less eliminates misdemeanor justice. Also, let's not forget that it wasn't long ago that an individual died in the Sebastian County jail. That person should have been in a state facility.'
Boyd said that Sebastian County has taken 'significant steps' to ensure those who need to be incarcerated are incarcerated and those who need intervention receive the appropriate intervention with drug and mental health courts, crisis intervention training, and crisis stabilization units. He also cited the intervention programs implemented by the Fort Smith Police Department.
'It's time for our state to own the situation of overcrowded jails in Sebastian County and elsewhere, not continue to push state inmates off onto the counties,' said Boyd. 'The answer shouldn't be for counties to raise its sales tax to pay to house state inmates.'
The Arkansas Department of Corrections has estimated the prison will cost $825 million to build — not including the additional infrastructure upgrades needed at the site. The proposed location lacks water service and is accessible only by a narrow, two-lane county road that winds up Mill Creek Mountain. The road has double-yellow lines and no shoulders. The mountain sits 860 feet above sea level. In comparison, the nearby town of Charleston, about 12 miles away, is at roughly 500 feet.
'I believe that until we solve this complicated problem of jail space, we will continue to have problems in Arkansas around public safety and the overcrowding in the county jails and state prisons,' Petty said. 'While it's a difficult problem to try to solve, we know that difficult problems often require difficult decisions. This is one of those problems, and I plan to continue my support.'
Petty also clarified that the $405 million previously set aside was never intended to cover the entire prison construction cost. Instead, he said, the money would be used to begin full due diligence on the site, including soil testing, environmental clearances, utility availability and capacity studies and road improvement assessments.
'My opinion, based on early discussions, is that many members of the Senate have always believed the cost would range between $1 and $1.5 billion,' he said. 'The cash set aside was to begin saving toward the overall cost. The reporting of cost estimates doubling or changing multiple times is simply inaccurate. It's more about identifying appropriation levels that members are comfortable with. We must proceed with the detailed design phase to determine the cost.'
Boyd added that Arkansans will have to deal with the same issues no matter where the prison lands.
'Workforce continues to be a challenge for areas of the state which continue to depopulate,' Boyd said. 'There is no perfect location. There will be concerned individuals regardless of the location, and rightly so. 'This is a big change for a community.'
Several key lawmakers and local officials, including the bill's sponsors, Sen. Jonathan Dismang and Sen. Alan Clark, were contacted to understand the ongoing debate over SB354 better. They were asked about the bill's future and potential impact on Arkansas's broader crime prevention efforts.
This article originally appeared on Fort Smith Times Record: SB354 faces fourth vote as prison funding debate continues
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