Old ways, new ways

Bigger jails or judicial reform? Or both?

Governing in Arkansas is hardly ever a get-all-you-want proposition. Whether serving in public office or just engaging in civic participation, getting what you want isn’t easy.

That is, it’s not easy if it involves money. Getting public officials to issue resolutions or pats on the back isn’t too big a challenge, but if a decision demands an allocation of what are always limited resources, there’s a little thing known as friction that comes as part of the process.

Resistance — or what some might legitimately refer to as judicious consideration — has been part and parcel of the longstanding public policy debate about how to run the state’s judicial system and how that impacts the number of people held in county jails. When solutions can add up to millions of dollars, it’s fair enough to pause before turning loose of taxpayer dollars.

Gov. Asa Hutchinson has stirred the debate with his announced plans to pursue an expansion of the state prison at Calico Rock, a move that should help relieve some but not all pressure on county jails that are stuck with too many state inmates. In Benton County, a committee on criminal justice appears ready to pursue expansion of the jail and addition of a judicial center, possibly on this year’s fall election ballot. In Washington County, Sheriff Tim Helder has proposed a $20 million jail expansion, with Quorum Court officials interested in paying all or part of it from federal covid-19 relief funding.

Unlike some advocates for jail reform, we don’t necessarily view the expansions as unneeded. But expensive? No one can argue with that fact. As we’ve noted before, though, the possibility or even probability of jail time has to be part of the judicial system’s operation. Otherwise, enforcement starts to look like a joke, which means criminals are emboldened.

It also makes sense, as the reformists cry out, that Arkansas can hardly afford to build enough jail space to hold everyone accused of a crime. Dealing with infractions through other programs that don’t cost as much as 24/7 jail space will be a necessity even if more space is part of the solution.

So we’re glad to hear developments such as last week’s news that the Criminal Justice Coordinating Committee in Washington County has expressed interest in creating a court focused on people in need of mental health services. Such a court would operate much like the existing veterans and drug courts — with court officials focused less on incarceration and more on dealing with behaviors often at the root of criminal activity.

In Sebastian County, Quorum Court officials unanimously voted to bolster funding for its mental health court, increasing the pay for the ever-important probation officer that services the court. They also asked the state to increase resources to the court, recognizing the need for more alternative sentencing, diversion and specialty court programs.

Moving forward to deal with all these counties’ jail crowding will mean leaders must be creative in expanding alternatives to the jail even as they might have to build more space. And while alternatives generally prove to be less expensive, they’ll never be free and they will never be foolproof barriers to some people violating the laws of the state again, just as jail or prison time offer no guarantees.

The public, too, will need to change its expectations to allow room in the judicial system for alternative sentencing that permits nonviolent offenders more than just punishment, but something hopeful.

Can Arkansas muster the creativity to improve its judicial system even more? There’s no reason it can’t.