Prison appropriation bill stalls in Arkansas Senate
The Arkansas Senate on Tuesday rejected a $750 million appropriation bill to support construction of a 3,000-bed prison in Franklin County.
The bill's failure marked the latest hurdle in constructing a prison in the rural western Arkansas county, which supporters, including the governor, have said is needed to alleviate overcrowding in county jails.
Sen. Jonathan Dismang, a Searcy Republican and lead sponsor of Senate Bill 354, assured his colleagues they would be involved throughout the process because the executive branch will have to submit funding requests for different phases of construction that will require approval from the Arkansas Legislative Council before money can be spent.
Work is underway on an accountability plan with the Department of Corrections to ensure lawmakers are 'tracking, monitoring and understanding the process and the progress of the prison construction,' Dismang said.
'I understand that the members want to be engaged in this process as it moves it forward regardless of what happens with this appropriation, and you're going to have the ability to do that,' he said.
The Franklin County prison has been controversial since state and local officials and community members said they were blindsided when Gov. Sarah Huckabee Sanders in late October announced the state's $2.95 million purchase of 815 acres near Charleston for the project. In the months since, elected officials and local residents have continued to speak out against the prison.
Officials last month issued a preliminary cost estimate of $825 million. The Legislature previously set aside $330 million for the proposed penitentiary, adding to another $75 million that had been set aside during former Gov. Asa Hutchinson's administration.
Arkansas lawmakers advance $750 million appropriation bill for prison construction
Senate President Pro Tempore Sen. Bart Hester, R-Cave Springs, spoke in favor of SB 354 Tuesday. From the Senate floor, he recounted the story of Shawna Cash, who was arrested and released multiple times, including in Washington County where he said she was released in May 2021 because there was no room.
Former Washington County Prosecutor Matt Durrett told the Arkansas-Democrat Gazette that COVID-19 pandemic precautions explained Cash's release because it was common to release more inmates than usual to reduce populations and the risk of transmitting the virus.
Cash was accused of striking and killing a Pea Ridge police officer Kevin Apple with her vehicle in June 2021. A jury convicted Cash of capital murder and sentenced her to life in prison without parole last year.
'There's many Shawna Cashes in every one of our districts right now,' Hester said. 'They should be in prison, but there is no room…we've got to have room, and I am begging you to not have something horrible happen in your district when we could have made a difference today.'
Sen. John Payton, R-Wilburn, who said he supports expanding prison capacity, spoke against the bill Tuesday, echoing his concerns from last month's Joint Budget Committee meeting that there isn't a large enough available workforce to support a large prison in that part of the state.
When the governor began pushing for a prison after taking office in 2023, Payton said, there was 'a pretty good dustup' between Sanders and the corrections board, whose members said they could not safely expand bed capacity because of a lack of staff.
'I understand it's an appropriation and it's not funding, but it's a bad business decision,' Payton said. 'And I'm not going to be responsible a year or two years from now when we spend three-quarters of a billion dollars, we've got the most beautiful, up-to-date, modern facility, we came in under budget and nobody to work there.'
Dismang said there are 'other pieces to this puzzle,' specifically noting the governor's overhaul of the state employee pay plan, which the Senate advanced Tuesday, 'contemplates significant increases in pay for those working in our prison system.'
The argument did not sway Payton, who voted against SB 354 along with fellow Republicans Ron Caldwell, Jimmy Hickey, Ricky Hill, Bryan King, Clint Penzo, Terry Rice and Gary Stubblefield, and Democrats Greg Leding and Clarke Tucker.
The bill garnered 19 votes in support, but failed because appropriation bills require 27 votes to advance out of the Senate. Dismang could bring the bill back for consideration because there is no limit to how many times lawmakers can vote on an appropriation bill. There is a deadline for the end of the legislative session, however, which lawmakers anticipate will be April 16.
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