Incarceration Rates
Arkansas has one of the highest incarceration rates in the United States. As of recent data, the state incarcerates approximately 912 individuals per 100,000 residents, ranking third nationally behind Louisiana and Mississippi. This rate is significantly higher than the national average of 614 per 100,000 people. prisonpolicy.org+25newsonline.com+2youtube.com+2
In total, around 27,000 Arkansans are incarcerated across federal and state prisons, as well as local jails. This means that approximately 2.9% of the state's population—about 91,000 individuals—are either incarcerated or under supervision, such as probation or parole. en.wikipedia.org+25newsonline.com+2prisonpolicy.org+2stuttgartdailyleader.com
These figures highlight Arkansas's substantial reliance on incarceration compared to other states and countries. If considered independently, Arkansas's incarceration rate would surpass that of any democratic nation worldwide.
Costs
As of 2023, Arkansas's expenditure per state prison inmate is approximately $23,000 annually, making it the state with the lowest per-prisoner spending in the United States.
Regarding reimbursements to county jails for housing state inmates, the State of Arkansas increased the daily per diem from $32 to $40 per inmate in 2022. However, studies have shown that the actual cost incurred by counties averages between $50 and $70 per day, indicating that the state reimbursement does not fully cover the expenses borne by county jails. arcounties.org+1arcounties.org+1
Factors for High Rate
Arkansas’ disproportionately high incarceration and supervision rates stem from a combination of factors, including strict sentencing laws, parole policies, high recidivism rates, and systemic issues in the criminal justice system. Here are some key reasons:
Harsh Sentencing Laws & Tough-on-Crime Policies
- Arkansas has mandatory minimum sentences for various crimes, including drug offenses.
- The habitual offender law increases penalties for repeat offenders, often leading to life sentences for nonviolent crimes.
- The state has a history of truth-in-sentencing laws, requiring inmates to serve a higher percentage of their sentences before parole eligibility.
Parole & Probation System Issues
- Arkansas has one of the highest rates of parole and probation revocations, meaning many people end up back in prison for minor infractions rather than new crimes.
- Technical violations—such as missing a meeting with a parole officer or failing a drug test—often lead to reincarceration instead of rehabilitation.
High Recidivism Rate
- A significant portion of Arkansas’ incarcerated population consists of repeat offenders.
- Lack of reentry programs, mental health support, and substance abuse treatment contributes to people cycling in and out of prison.
- Arkansas has limited investment in job training and rehabilitation programs that help former inmates reintegrate into society.
Drug Policies & Overcriminalization
- Drug-related offenses make up a significant portion of Arkansas’ prison population.
- The state has been slower than others in adopting diversion programs, such as drug courts, that focus on rehabilitation instead of incarceration.
- Marijuana possession penalties remain stricter than in many other states.
Pretrial Detention
- The state ranks high in pretrial detention—meaning many people are jailed for extended periods before even being convicted, often due to an inability to afford bail.
Socioeconomic Factors
- Arkansas has high poverty and unemployment rates, which correlate with higher incarceration rates.
- A lack of access to affordable legal representation means lower-income individuals are more likely to receive harsher sentences or take plea deals, even if they might be innocent.
- Rural areas have fewer alternatives to incarceration, leading judges to rely more on prison sentences.
Lack of Criminal Justice Reform
- While some states have enacted criminal justice reforms to reduce incarceration rates, Arkansas has been slow to implement major changes.
- Lawmakers often resist reforms due to concerns about appearing "soft on crime."
- Some recent efforts, such as increased funding for reentry programs, have not yet significantly impacted incarceration rates.
Recent Legislation / Reforms
Arkansas has implemented several recent measures to address its high incarceration and supervision rates:
Justice Reinvestment Initiative (JRI):
In May 2024, Arkansas launched the Justice Reinvestment Initiative to analyze and address factors contributing to recidivism and barriers to reentry. This initiative aims to develop data-driven policies that enhance public safety, reduce corrections spending, and reinvest savings into strategies that decrease crime and recidivism. csgjusticecenter.org
Protect Arkansas Act:
Enacted in 2023, the Protect Arkansas Act revised sentencing and parole laws to ensure that individuals convicted of serious offenses serve a greater portion of their sentences before becoming eligible for release. The act also introduced measures to provide juries with more accurate information regarding the actual time offenders are expected to serve. arkansashouse.org+1arkleg.state.ar.us+1senate.arkansas.gov
Construction of a New State Prison:
To alleviate overcrowding and reduce the backlog of state inmates housed in county jails, Arkansas approved the construction of a new 3,000-inmate prison in Franklin County. The state purchased 815 acres for nearly $3 million for this facility, which is expected to create hundreds of permanent jobs and stimulate local investment. apnews.com+2apnews.com+2arkansasadvocate.com+2apnews.com+1apnews.com+1
Legislative Efforts by Advocacy Groups:
Organizations like the Arkansas Justice Reform Coalition are advocating for legislative changes during the 2025 session, including:arjusticereform.org+1arjusticereform.org+1
- Reclassifying Drug Paraphernalia Possession: Proposing amendments to reduce charges for possession of drug paraphernalia to misdemeanors for the second and third offenses, aligning with existing DWI statutes.arjusticereform.org
- Eliminating Youth Fines and Fees: Seeking to remove financial penalties for most youth court cases (excluding restitution and Families in Need of Services cases), emphasizing accountability through alternative programs and services.arjusticereform.org
- Reforming Cash Bail: Advocating for the elimination of cash bail for misdemeanor charges, replacing it with electronic or written citations that include court appearance details. arjusticereform.org
Franklin County Prison
The proposed 3,000-bed prison in Franklin County, Arkansas, has undergone several key discussions and approvals:axios.com
- Property Purchase and Initial Approval:
- Board of Corrections Meetings:
- November 1, 2024: The Arkansas Board of Corrections approved the selected site for the prison. axios.com+3swtimes.com+34029tv.com+3
- February 12, 2025: The Board authorized the Request for Qualifications (RFQ) process for architectural and engineering design services, with submissions due by March 18, 2025. doc.arkansas.gov
- Legislative Discussions:
- Budgetary Appropriations:
- March 3, 2025: Following a cost estimate of $825 million for the prison, Senator Jonathan Dismang filed Senate Bill 354, seeking appropriations up to $750 million for the project. apnews.com+3axios.com+3thv11.com+3
These meetings and legislative actions have been pivotal in advancing the Franklin County prison project.
Senator King’s Opposition
Senator Bryan King has expressed significant concerns regarding the proposed $825 million budget for the 3,000-bed prison in Franklin County, Arkansas. His arguments are based on several key points:
- Underestimation of True Costs:
- Senator King believes that the $825 million estimate is unrealistic and insufficient. He references similar projects in other states, such as Alabama and Utah, where initial cost estimates were significantly lower than the final expenses. For instance, Alabama's recent prison construction exceeded $1 billion, far surpassing original projections. talkbusiness.net
- Infrastructure Challenges:
- The proposed prison site in Franklin County lacks essential infrastructure, including adequate water, electricity, and road systems. Senator King argues that developing this infrastructure will incur additional, substantial costs not accounted for in the current budget.
- Workforce Availability:
- Staffing the facility is a major concern. The prison would require approximately 800 employees, and Senator King questions the feasibility of recruiting such a large workforce in a rural area with a limited labor pool. talkbusiness.net
- Alternative Solutions:
- Instead of investing in a single large facility, Senator King proposes allocating funds to expand existing county jails, particularly in areas with high incarceration rates. He suggests that this approach could provide more immediate relief to overcrowding and be more cost-effective. talkbusiness.net
- Financial Prudence:
- He warns that proceeding with the current prison project could lead to one of the "biggest financial boondoggles in Arkansas history," emphasizing the need for a more fiscally responsible approach to addressing prison overcrowding. axios.com+1talkbusiness.net+1
Senator King's stance highlights the importance of thoroughly evaluating large-scale infrastructure projects, considering both immediate and long-term implications, and exploring alternative solutions to achieve the desired outcomes efficiently.
Senator Bryan King Biography
Senator Bryan B. King represents Senate District 28, which is composed of Carroll and Madison County and portions of Boone, Franklin, Johnson and Newton Counties. He first served in the Arkansas Senate from 2013 to 2018 and was elected to a second stint in the Senate in 2022.
Senator King is a member of the Senate Education Committee, the Senate State Agencies and Governmental Affairs Committee, the Joint Energy Committee, the Senate Interim Committee on Children and Youth and the Joint Budget Committee.
Senator King is fiercely liberty-oriented. He is against government overreach, out of state contracts, and government obfuscation. He has been a champion of the Freedom of Information Act and sunshine laws, 2nd Amendment protections, and farmer support. He leads the charge against the new prison in Franklin County based on cost, what he sees as obfuscation by the governor’s office, and virulent opposition from local residents.
He is very outspoken and often diverges from the path taken by most in his party. This sometimes puts him at odds with Republican leadership but he is well liked in his district for his straightforwardness.
In 2006, Senator King was elected to the Arkansas House of Representatives where he served three consecutive terms. A former election commissioner, King is a farmer and owner of Triple K Farms in Green Forest. He is a long-time poultry farmer. He is a Christian and was born in Springdale. Senator King and his wife, Shana, live in Carroll County.
