Court docket sides with Board of Corrections over governor, blocks new state legal guidelines over prisons authority

Corrections Secretary Joe Profiri should proceed answering to the Board of Corrections in the interim, fairly than to Gov. Sarah Sanders, regardless of a brand new state legislation handed this spring that tried to switch authority over the state’s prisons chief to the governor as a substitute of the board.

So says Pulaski County Circuit Choose Patti James, who on Friday afternoon issued a short lived restraining order requested by the Board of Corrections. The board sued Sanders and Profiri yesterday, arguing that the brand new legislation infringes on its constitutional authority to supervise the corrections system. Based on that legislation, Act 185, Profiri serves on the pleasure of the governor, fairly than the board.

In her 4-page order, James stated Act 185 and one other associated legislation “usurped the Board’s energy” beneath the structure. The governor and the Division of Corrections are barred from implementing both legislation till a hearing set to be held on Dec. 28.

James wrote:

The damage alleged is substantial and pertains to the Board’s constitutional authority to supervise the Division of Corrections and the Secretary of Corrections. Absent aid, Plaintiffs will undergo rapid and irreparable hurt as a result of Defendants prompted extra beds to be added to insufficient jail services.

This put up will likely be up to date.

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