March 30, 2013
by Kedrick Darrough (author's profile)

Transcription

LARRY R. FROELICH
ATTORNEY AND COUNSELLOR AT LAW

200 W. CENTER SUITE 10
FAYETTEVILLE, ARKANSAS 72701
PHONE 479-521-3939

March 3rd, 2013

Kedrick Trevon Darrough ADC# 137735
PO Box 180
Brickeys, AR 72320

Dear Kedrick,

I am pleased to advise you that the campaign is going splendidly. The first major hurdle was to find a legislator willing to send the proposal to legislative research, which is the department of the Attorney General's Office that puts a proposal into the formal language of a bill, ready to submit for consideration by the legislature. That has happened. The friends and family members have been calling the legislators and the calls have done their work.

The second part of that hurdle is to find a legislator willing to actually submit the bill. That has happened also! I expect the bill to be submitted this week. We have the promise and I will be at the legislature this week to push, but I expect no problems. This is remarkable. There is also an indication that several representatives will jointly support the bill at submission. This is the best of all possible things to happen. Enclosed you will find a copy of the proposal as its last form.

What is needed now are a number of specific "good example" of people given long sentences for small amounts. That includes you. Try to find more inmates in that situation - long sentences for small amounts - and have them write to me. Time is of the essence. I am certain to be called to testify at the committee hearing on the bill and I need good examples.

Thanks for your interest. I look forward to your response.

Sincerely,

Larry Froelich

A PROPOSAL TO INCREASE THE AUTHORITY OF THE PAROLE BOARD

Authorise the Parole Board to use the reduced punishments of Act 570 of 2011 to calculate parole eligibility for drug offenders sentenced under the old laws.

BACKGROUND

In 2011 the Arkansas Legislature substantially reduced punishments for most drug offences. The purpose of this bold action was to save the state from massive future prison expenditures. Act 570 was passed with broad support. These shorter sentences for non-violent drug offenders will reduce future prison population and substantially reduce future expenditures. Arkansas has acted effectively on a very thorny problem. Our state is to be congratulated for its courage and foresight.

PRESENT OPPORTUNITY

We are now presented with an opportunity to reduce a significant backlog of inmates ready for parole. Act 570 did not change parole eligibility for drug offenders already in the system. The Parole Board cannot shorten the minimum time that must be served by inmates sentenced under the old laws. One inmate I know of was sentenced to 100 years for a $100 sale. The maximum punishment for that same offence is now 20 years and there is nothing the Parole Board can do about the 80 years difference. This is one inmate. There are many drug offenders, rehabilitated and otherwise ready for parole, who are stuck in the system by long prison terms imposed under the old laws.

NARROWLY TARGETED and SAFE

The legislative proposal set forth above is narrowly targeted. It is a safe and sure way to save many millions of dollars. Safe because no inmates will be automatically released. Safe because the Parole Board will still determine who is and is not paroled. Narrowly targeted because it affects only a fixed number of non-violent offenders sentenced under laws repealed by Act 570. Parole eligibility for all other inmates will remain unchanged. No inmate convicted of a violent crime will benefit from this proposed legislation.

This proposed adjustment to Act 570 takes advantage of a one-time savings opportunity. As things stand now, these non-violent offenders will be warehoused in our prisons for years to come, even decades in some cases. Parole is much less expensive than incarceration. Established procedures and trained staff are in place. If our Parole Board concludes a drug offender sentenced under the old laws is ready to re-enter society, we should trust their work and authorise them to use Act 570 to calculate parole eligibility.

Attorney Larry R. Forelich
200 W. Center
fAYETTEVILLE, ar 72701
479-521-3939 501-707-4048

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