Figuring out the true role of prison

JONESBORO - A man has been sentenced to prison for 10 years, but his time in a cell will most likely last only 20 months.

A convict who is on his best behavior and takes advantage of the state's rehabilitation programs can serve much less time in prison than what he was actually sentenced.

What that man does once he gets out early, in the eyes of the law, is up to him.

Over the past couple of years, The Sun has documented multiple petitions for revocation on parolees who committed multiple crimes during the time they were supposed to be in prison.

Felons who were sentenced to five, 10 or even 15 years in prison find themselves back on the streets after serving very little time, and quickly restart their criminal lifestyle.

Deputy prosecuting attorney Grant DeProw said this process can be frustrating.

"I have seen a man get a 15-year prison sentence in another county, and he took maximum advantage of programs at the (Arkansas Department of Corrections) and he was out in three months," DeProw said. "We factor those things in on recent sentences. We will give someone 10 years knowing they might only serve 2 years."

It would seem like prosecutors would be able to keep known criminals in prison for longer, but DeProw said, in reality, his office doesn't have any more power to prevent prisoners from getting parole then anyone else.

"(The Parole Board) rarely asks me for my input on parole decisions," DeProw said. "Generally I just get a notice that so-and-so is on parole, and that is it. I get those things almost daily."

The passing of Act 423 provided more flexibility to probation and parole officers in sanctioning violators. It decreased the amount of time a parolee could be sentenced for technical violations, and increased the amount of time a newly sentenced offender could be sentenced to the Department of Community Corrections (from four years to six years) in contrast to the Department of Corrections.

Dina Tyler, Arkansas Community Corrections deputy director of communications and public affairs, explained how a 10-year sentence could be trimmed down to 20 months based on good behavior in prison and taking advantage of the in-house programs.

"Lets say on a 10-year sentence, one-third of it is judicially imposed, which means they have to be there for 40 months," Tyler said. "But with good time you get credit for two days for every one day spent in prison. Good time can never reduce incarceration more than half, which is how you can get a 10-year sentence to 20 months in prison."

Tyler said the rest of the unserved time is then turned into parole.

"The law allows that to happen," Tyler said. "Everything is designed to bring about better behavior."

Tyler said her office knows how frustrating this can be for law enforcement and prosecutors.

"It's a tall order to realign someone's thinking and getting them to change their ways," Tyler said. "Sure, they are not all going to be successful all the time. The recidivism rate is higher than 50 percent, which means half the time we are doing good, and half the time we are not. We would like to lower it of course, and we are trying new things, but there are always going to be failures."

DeProw said the problem boils down to the question - what is the role of prison?

"I guess if the answer is rehabilitation, and then they have done all the programs available to them in two years, then mission accomplished," DeProw said.

The ACC has taken the stance that they can't just lock people up for five to 10 years and forget about them.

"Because now you have someone who is angry and better schooled at breaking the law," Tyler said. "If we don't do anything with them, then all they do is become better criminals. We can't just warehouse people. That is not the solution."

Tyler said the purpose of jail is two-fold.

"One, you get them out of the community at that time," Tyler said. "But the ultimate goal is you do something with them. You don't want them to get out and keep doing the same things."

Gov. Asa Hutchinson believes the role of prison is to protect public safety and provide punishment to offenders.

"It should also be designed to build job skills and offer training to those who will be re-entering society, in order to increase the chance of success and reduce the likelihood that an offender will return to jail," Hutchinson said.

Early release opportunities are incentives for prisoners.

"Let's say, for example, you go to prison and you know, no matter how you act or how many programs you take, it doesn't benefit you in anyway - then their behavior will never change and everything will stay the same," Tyler said. "You have got to give them a reason to go. All the problems we have are going to multiply if we don't."

Tyler said the idea of good time has been around forever.

"The new law that went in effect allowed bonus good time for completion of certain programs," Tyler said.

The programs and counseling are meant to re-direct and interrupt the criminal behavior.

"About 80 percent of people in prison are dealing with drug and alcohol problems," Tyler said. "If you don't work on the root cause of the problem, then you accomplished nothing."

Once the person is released from prison, they also need a support system or they will fall right back into their old ways.

"If they can't find any avenue to provide for themselves then they will go back to what they know," Tyler said. "Someone can come out with three bushel baskets of good intentions, and if they can't find a job, then they will fall back into their old ways."

There are just some people who will never change.

"Some will spend their whole life in out of prison," Tyler "What do you do, but lock them up and let them do their time and try again?"

Tyler said no matter the view of prisoners, and what they do and don't deserve, these programs are necessary.

"You think that way until it happens to one of your families," Tyler said. "Until one of your family members is a meth addict or an opioid addict. Then you will want to see them get all the help they can get."

She asked people to put themselves in the lives of these criminals for a few moments to see how they got behind bars.

"A lot of these people have seen traumatic events by just living in high-crime areas," Tyler said. "Let's say this kid grows up in a single-parent household and his mother has substance abuse problems. The kid has fought to eat and go to school, but he starts falling behind in classes. He eventually starts falling in with the wrong crowd, starts doing drugs because that is all he has ever seen and drops out of school. Eventually he gets arrested and now he has failed at school, failed at home and failed at life. You think, after 25 years of nothing working in their life, that a time in prison will just change things for the better? It doesn't. It will take some time."

Tyler asks people to give these programs time.

"You can't fix this over night," Tyler said. "There is no magic wand. "

The state is constantly reviewing the system to try and get it right.

"We want violent offenders and those who pose a risk to public safety to stay in prison long-term, and we want those who are a minimal risk to be paroled only when they satisfy the Parole Board that there is a re-entry plan in place," Hutchinson said.

Hutchinson hopes to have continued emphasis on successful re-entry programs for those coming back to society.

"We should concentrate on juvenile justice reform to be sure we are providing sufficient community-based services to juvenile offenders who are not violent," Hutchinson said. "This will be a point of emphasis in the 2019 session of the General Assembly."