Arkansas lawmakers weigh prison expansion versus reforms at second capacity hearing

“I think we could reduce the need for the number of prison beds if we had the proper health, mental health resources, and healthcare to treat people and keep them from being in a position where they end up in prison in the first place.” – Chief Flanagan

by Daniela Dehaghani
Thu, October 1, 2026 at 10:06 AM

See full video here. Chief Flanagan at 1:33 mark.

https://katv.com/news/local/no-new-prison-now-what-arkansas-rethinks-prison-capacity

GettyImages-510843940.jpgArkansas lawmakers weigh prison expansion versus reforms at second capacity hearing (DanHenson1 / Getty Images)

LITTLE ROCK, Ark. (KATV) — Arkansas lawmakers are taking a closer look at how the state manages more than 19,000 people in state custody — and whether the answer is building more prison beds or finding a different way to manage the people already in the system.

That question took center stage Wednesday at the State Capitol during the second of three hearings focused on Arkansas’ prison capacity and incarceration rate.

For lawmakers and advocates gathered at the Multi-Agency Complex, the issue goes beyond simply finding more space. It also raises questions about who is entering the prison system, why they are there and what can be done to keep people from returning.

Sen. Clark Tucker argued Arkansas already incarcerates a significant number of people and said the state needs to make better use of the resources it has.

“Arkansas already incarcerates more people than just about anywhere in the world. We have enough prison beds. We’re just not using them in the smartest way that we can.”

Tucker pointed to one statistic he says helps explain the strain on the prison system: 16% of violent crime is committed by people on probation or parole, while 64% of people admitted to prison are on probation or parole.

His argument is that prison capacity is being consumed not only by people convicted of violent crimes, but also by people sent back to prison for technical violations or nonviolent offenses.

“So what’s really driving our capacity issue are a lot of people being admitted to prison who have not committed a violent crime. So it’s either a technical violation of the terms of their parole, or it’s a nonviolent misdemeanor, and that’s what is taking up all the bed space.”

That has advocates pushing lawmakers to look further upstream — at what happens before someone ever enters a prison.

Justin Flanagan, a chief of the Chickamauga Nation, said better access to health care and mental health services could help reduce the number of people who ultimately end up behind bars.

“I think we could reduce the need for the number of prison beds if we had the proper health, mental health resources, and healthcare to treat people and keep them from being in a position where they end up in prison in the first place.”

And for people who do serve time, advocates say what happens after release can be just as important.

Marlene Dial, a governmental affairs consultant, said the state has a responsibility to make sure people have a path toward successful reentry rather than returning to the prison system.

“The state is actually responsible. It’s not a matter if I want them or the committee wants them or the citizens want them. The state is responsible for the success or the failure of recidivism, the BOP and the DOC.”

But there is a clear divide over what reform should look like.

Rep. Howard Beaty said the discussion cannot become solely about saving money or reducing the prison population. He said public safety and accountability must remain at the center of any changes.

“It’s not about saving money; it’s about doing what’s right, protecting the citizens in the state.”

Beaty also argued that sentences handed down by judges and juries should be carried out.

“If you do the crime, you’re going to do the time. So it’s not so much about saving money; it’s about doing what the judge and the jury, and what they were sentenced to do.”

That leaves lawmakers with a complicated question: How do you relieve pressure on an overcrowded prison system without compromising public safety?

Tucker believes the two goals do not have to compete.

“And if we’re smarter about it, then we relieve the pressure and we also reduce crime in the process. So it’s a win all the way around.”

The debate comes as Arkansas continues to grapple with how — and where — to add prison capacity.

A proposed 3,000-bed prison in Franklin County has faced funding and political roadblocks. Meanwhile, the Department of Corrections has considered other options, including expanding existing facilities and using vacant state buildings for work-release and reentry programs.

Wednesday’s hearing was the second of three planned discussions on Arkansas’ prison capacity and incarceration rate.

Sen. Alan Clark has said that if lawmakers can reach a strong consensus by December, they could make recommendations for the Legislature to consider when the 2027 regular session begins in January.