Said in CommitteeBeta

Exactly as spoken.

ALC-Charitable, Penal, and Correctional Institutions

September 23, 2025 ·20 Minutes Upon Adjournment of ALC-Review ·Room A, MAC ·1:45:18
Video Transcript 13 documents

Transcript

Transcript available SliQ live captions ✓ Whisper ✓ Download .txt
Machine transcript

May contain errors. Verify important quotations against the official video.

About transcript accuracy
Source
Whisper
Model
ggml-large-v3-turbo.bin
Processing date
October 6, 2026
Senator Matt McKee Chair Unverified 0:00
If you'd all rise with me, Senator
▶ Play Suggest a correction Report an error
Speaker 3 0:08
Dease is going to lead us in prayer. Senator Flippo, zip it. All right, let's pray. Thank you, Lord, for today. Thank you for
▶ Play Suggest a correction Report an error
Senator Tyler Dees Unverified 0:16
the opportunity to gather today and do the work of the people. Well, we ask for your grace. And just thinking about this last week of horrible things that we've seen in this country, followed by great things we've seen in this country, country coming together to serve you and honor you and be grateful for what you've done for us. And so we are doing that today as well. We're grateful for your blessing for this great state. And we ask that you just give us your wisdom that only comes from you to have our eyes fixed on you and hopefully make wise decisions. I thank you for this time to meet together. In Jesus' name we pray. Amen. Thank you,
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 0:57
Senator Dees. Okay, we will go to the first thing on our agenda, and they're walking in the room, so if you just want to keep on walking, right down to that front table. We will go to the discussion of the Arkansas Department of Corrections Critical Incident Report Revolving a Prisoner Escape from Calico Rock. We appreciate your attendance today. If you'd introduce yourself for the record, you are recognized.
▶ Play Suggest a correction Report an error
Speaker 7 1:35
Well, I sat down fastest, so I'll start. Tawny Hughes, Chief Legal Counsel, Department of Corrections. Dexter Payne, Director for
▶ Play Suggest a correction Report an error
Speaker 12 1:45
Division of Corrections. Lindsay Wallace, Secretary for the Department of Corrections. I apologize in advance. You recognize.
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 1:51
You guys, you ought to carry the load today and let Secretary Wallace take it easy. I like the way you think. If you just want to jump right into going through the report, you're welcome to,
▶ Play Suggest a correction Report an error
Speaker 17 2:06
and then we'll let members ask questions as they occur. Yes, sir, Mr. Chairman. Dexter Payne, Director for Divisional Correction. We want to go over the critical incident report for the north central escape. I'll go ahead and basically read our summary. On May 25th, 2025, at approximately 2.53 p.m., Inmate Grant Harden is assigned as a 1C kitchen worker escape from the north central unit by walking through the Sally Port gates dressed in a homemade uniform design to impersonate a correctional officer. He was pulling a flat cart containing a cardboard box and a homemade ladder. later determined to be constructed from dismantled pallets and drawstrings from state-issued clothing. At approximately 1.58 p.m., Inmate Harding was granted unsupervised access to the kitchen back dock under the pretense of cleaning the chemical cage. This violated standing security directives that specifically prohibited inmates from being on the back dock without supervision. Directives clearly communicated to kitchen staff and acknowledged in writing on May 14, 2025. Inmate Harding remained unsupervised for approximately one hour and eight minutes, which gave him ample opportunity to change into the disguise he used to facilitate his escape. Around 3.08 p.m., the food service supervisor noticed Harding was not on the back dock area and began to search to locate him by telephoning the Laundry and West Tower staff. After being unable to locate inmate Harding, he advised the shift supervisor of the incident and a more extensive search of the immediate area began but was unsuccessful. Review of surveillance footage by the shift commander revealed an individual later confirmed as inmate Hardin walking through both Sally Port Gates dressed in a dark uniform with a vest and a hat, pulling a cart. He was last seen walking near the ICC garage with a box in hand before disappearing from the camera view. At approximately 3.40 p.m., the unit was placed on lockdown. Emergency escape procedures were activated and the command center was established. A roster count was conducted at 3.47 p.m., confirming inmate Harden's absence. All other inmates were accounted for by 4.48 p.m. 17 internal and perimeter checkpoints were activated and the unit's K-19 began searching the facility grounds. The box seen on the surveillance footage was located behind the ICC garage, and a homemade ladder was found nearby. A facility-wide investigation into the breach identified critical failures in protocol. A directive to all food service staff before this incident was that no inmates were allowed access to the kitchen-backed dock area without direct staff supervision. The on-duty supervising staff member disregarded this policy, allowing inmate-hardened access to a sensitive area, despite having acknowledged this violated a previous directive. Camera footage and follow-up interviews confirmed this failure. Additionally, the West Tower officer admitted to observing an individual on the back dock dressed similarly to a staff member. But leaving the person to be an employee, the officer allowed the individual later identified as hardened to pass through both sally port gates without verifying identity or issuing a challenge. From May 25th through June the 6th, the facility remained locked down. The command post remained operational throughout the duration of the search. The command post coordinated ground and aerial searches, gathered intelligence, and worked with local, state, and federal law enforcement partners. Local residents were also notified of the escape through phone alerts in coordination with local authorities to ensure public safety and awareness. On June 6th at approximately 3.45 p.m., M.A. Harden was located by the U.S. Border Patrol approximately 1.5 miles northwest of the north central unit in a densely wooded area. His identity was confirmed using a portable fingerprint scanner provided by the Arkansas State Police. After a medical evaluation, Immate Hardin was immediately transferred to the Varner Supermax facility for high security confinement. A comprehensive review of the incident confirmed that the escape resulted from multiple failures in staff adherence to established policies. The makeshift uniform was found to be made from a state-issued pair of pants, a white T-shirt, a ball cap, and a kitchen apron, all of which were dyed black. Immate Harden's unsupervised time on the back dock allowed him to don the disguise and prepare for the escape. A secondary failure occurred when the Sally Port West Tower procedures were not followed and identity verification was not performed. Unfortunately, this allowed Immate Harden to exit the facility unchallenged. And what we found from the critical incident review, we've had to discipline multiple staff members for also failure to adhere to policy. including terminating one other
▶ Play Suggest a correction Report an error
Speaker 20 7:19
and suspending several okay anything to add then we will open it up to
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 7:32
questions from members if there are any I know that we've heard some of this before but now that they've had time to release the port and members have had report and members have had a chance to digest it representative nazarenko you're recognized thank you mr. chairman and thank you
▶ Play Suggest a correction Report an error
Representative Jason Nazarenko Unverified 7:57
director pain i appreciate the the information so this my question about uh the escape policy update can i cover that piece right now just a question on that yes sir okay so on there on uh about halfway down it's talking about a subject matter reporting system can you give more detail on that subject matter reporting system it's like
▶ Play Suggest a correction Report an error
Speaker 32 8:19
bullet three on there representative I actually took I'm actually the one who drafted this director Payne had a chance to look at it but he wasn't actually in the meeting where we talked about this in detail with his chief deputy director so one of the unique situations that we find ourselves in at corrections is that we have some really specialized individuals who work in central office at the office of the secretary dealing with things like classification and you know we think about our business operations employees we think about human resources records things like that and but we also have to have people at the units who do all of those things and those individuals all report up to the warden of that unit the warden is usually really great at security and they know a little bit about a lot of these things but they're not the experts and one of the frustrations that the chief deputy Director and his classification administrator expressed to me was when you look on the critical incident review, you see that inmate Hardin had not had his classification refreshed in quite some time. It had been several years, right? The classification administrator who works at central office, she says over and over again at their meetings that they have of all the classification staff that they need to be doing that. Unfortunately, she has no authority to discipline. She doesn't really get input on their performance evaluations. So one of the things that we proposed was that for those positions at the units where they have very specialized knowledge sets, we build sort of a dotted line and say, hey, your warden's going to deal with your day-to-day, but at the end of your performance evaluation period or when something like this occurs the subject matter experts are going to have some ability to discipline or weigh in on your performance evaluation so we're hopeful that that's going to kind of stem some of those issues. Okay great. Director Payne
▶ Play Suggest a correction Report an error
Representative Jason Nazarenko Unverified 10:12
so I know on the last meeting you talked quite a bit about the the C5 custody score and how that was that was misrepresented over it wasn't correct and then he would never have been inmate Harden should never have been there in the first place but I know one of the things that kind of caught my eye on that is that's a that's a classification that is going to be given to that individual inmate as they're in processed or whatever I think is how you kind of explain that my question is this is there any kind of an internal classification because inmate Harden had prior military background or prior police background so I'm thinking military and police background is going to have some kind of training i know i spent 23 years in the service i've got different training that would behoove you know to be classified in some way internally is there any kind of internal classification of anything when an inmate's in custody that has any kind of you know prior service that would indicate any kind of special training that they might have inside
▶ Play Suggest a correction Report an error
Speaker 17 11:17
of our yoma system we do mark any any training or any prior jobs that they do have uh that's added in there we ask the inmates you know but it's basically um inmate driven you know whatever answers he gives if he if he says he's been in the military 40 years i mean we don't have a a necessary way to argue it unless we get his dd 214 sure so we do uh talk to them and interview them and get those answers uh from the
▶ Play Suggest a correction Report an error
Speaker 40 11:41
inmate you know and it may not necessarily always be true and i think secretary wallace has something to add yes
▶ Play Suggest a correction Report an error
Speaker 42 11:47
sir i just wanted to add that coming out of these conversations like we've talked about this before and how we could have alerted our staff more and i apologize for my voice if you're having a hard time hearing me but there is an offender alert that we can put on sort of our landing page in our offender management system so that it kind of alerts staff to look for certain things whenever you're looking at the offenders kind of analyzing them as they're going through the process and we've started looking at that i think more significantly a little bit
▶ Play Suggest a correction Report an error
Chair Unverified 12:16
more okay great thank you thank you mr. chairman senator Dees you're recognized thank
▶ Play Suggest a correction Report an error
Senator Tyler Dees Unverified 12:24
you mr. chair and thank you miss Wallace miss Hughes and mr. Payne for being here today two quick questions related to classifications as well I really appreciate the the due diligence on the explanation of C3 verse C5 that was helpful to see and so just two quick questions the first is when I see it described in the report about the error of um of the point system can I get a little clarification on is is that a subjective um error that you know I see one of the bullet points um he should have he was given 10 points when he should have been given 15 um some prior offenses where he should have had 20 was was not um accounted are those typing errors are they subjection errors what help me understand the error of that entrance senator so what we
▶ Play Suggest a correction Report an error
Speaker 7 13:20
have is a system that does its absolute best to automate as much of this as possible
▶ Play Suggest a correction Report an error
Speaker 32 13:25
um but there are unique situations um the 10 points when it should have been 15 points i've spent a fair amount of time clicking around in eomis trying to replicate Every time I punch it in, I get 15 points, so I have no idea what happened there. It was a very long time ago, and I think that probably that might just be academic at this point. On the violent offense, that is a situation where if we have it and it's a completed sentence, then our offender management system can grab that. What we didn't have in this scenario was a completed sentence because of the timing of how he was convicted. it. It was a really unique scenario, I think, compared to what we usually see where it's very linear in nature. So what we always need to have is a second set of eyes and a human element, because we couldn't possibly program a system that captures every single one of these elements, or it would, you know, dwarf, it would be the biggest contract in state history. So I think that what we're working on is a training mechanism and some common sense fixes. So one of the ones we were discussing earlier was looking at the sex offenders. So sex offenders are supposed to have at least 20 points just by virtue of being a sex offender. It's very easy for us to identify in our data if somebody's a sex offender, if we're made aware of it, because we have a flag for it, just like Secretary Wallace was speaking about. We had an old report where there were a fair number of sex offenders. I don't know the exact number, but it was probably around 100, if I'm remembering correctly who we had indicated were a sex offender and they had less than 20 points on their classification score and we just know that that can't be right and so what we're able to do through business object reporting is kind of catch that low-hanging fruit while we work on this comprehensive classification reform that we're working on that
▶ Play Suggest a correction Report an error
Senator Tyler Dees Unverified 15:21
makes sense with automation that has led to this and that was a 2019 entrance so we've the technology has advanced since then is what i'm hearing as well absolutely and then the last question would be with with current inmates at north central or maybe similar facilities we have are we confident that everyone is classified correctly now with knowing that circumstances have happened in the past where point systems could have could have had issues do we feel good about reviewing that nobody is over the threshold of 51 to 71 I think I'm reading that correctly how confident are we am I reading that right and offenders with a score 51 71 is not eligible to be at North Central unit are we confident that inmates at North Central today aren't exceeding the limit that they should be or miss classification there
▶ Play Suggest a correction Report an error
Speaker 17 16:13
yes I'm pretty confident our classification administrator and one of our staff have went through all the inmates there and we're working throughout the system to make sure everybody's, uh, correct, correctly classified classified, but Hey, with almost 18,000 inmates is going to take us a little bit of time, but we were sure North central should be classified correctly at this time. Okay. Thank
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 16:37
you. Yes. You mentioned, uh, I believe a classification committee of some kind. Did I hear
▶ Play Suggest a correction Report an error
Speaker 35 16:44
correctly? Well, I talked about a classification committee and probably a classification
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 16:47
study are those are those things that existed already or have existed or are they something
▶ Play Suggest a correction Report an error
Speaker 32 16:55
that we would like to see classification committees have existed as long as i know they take into account a lot of different factors it's not just going to be your kind
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 17:05
of static factors that you come into the unit with or do they help with the the design of the automated system and how the inputs are recorded or
▶ Play Suggest a correction Report an error
Speaker 32 17:13
and just and judged um well so we have a private contractor doing that um just because they have a lot more academic base um if i can just speak really freely i think that a lot of times people get very entrenched in a system and they're maybe not willing to take a step back and look at you know everything very holistically and that secretary wallace felt pretty strongly i hope i'm not speaking for her um that we probably did need a very neutral third party to look at it so they're not involved right now and that contractor has the data from us her analysis of it is almost complete and she is looking in the next week or two to start scheduling site visits just so she can build rapport and kind of work on the buy-in so that's kind of an audit of the existing system yes it's two parts it's going to be are we doing it correctly and just based on what our scoring system is and and then also is
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 18:07
our scoring system right there's kind of two parts to that okay and with respect to the committee itself did they have like a annual meeting did they meet every quarter what was their duties with respect to the
▶ Play Suggest a correction Report an error
Speaker 63 18:18
classification system yes they meet weekly and that they had met
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 18:21
weekly and this was just missed it does seem that way yes okay thank you senator johnson
▶ Play Suggest a correction Report an error
Speaker 65 18:30
thank you guys for coming after you made the report so i'm going off on memory somewhat but I'm going to tag on to what Representative Nazarenko talked about. So, you know, if you flag this individual with his background, so from memory he was incarcerated and doing the job longer than either of his supervisors, which bore some of the disciplinary action. And if you've got a person in that situation, would it not be good policy to move him to a different job where he has not been there as long as the supervisor? Because I think he was there twice as long as one of the doc supervisors and one of the kitchen staff who was there at least two or three years longer than that person. So, I mean, you know, some folks, you know, with the background he had are very observant and that's why he was able to get by with some of the things he did because of his observation and background. You either move units with those people or move them to a different job. Am I wrong in that? I think that's
▶ Play Suggest a correction Report an error
Speaker 17 19:50
a pretty good observation. I mean, that's something we definitely consider, but it may not happen with all of the inmates that we have. We may not move them in a two-year period or a five-year period, but it is something that we can consider,
▶ Play Suggest a correction Report an error
Speaker 70 20:05
and this classification study may help us with it.
▶ Play Suggest a correction Report an error
Speaker 42 20:10
If I can just add, I completely agree with Director Payne, but I think also what the critical incident review will show, and Harden himself said, the staff just got lax. there were staff in there that were checking where he had all of his things that were stored. But when they left, they were not doing the security checks that they were supposed to. And so, yes, I think addressing it the way that you talked about, looking at seeing if they're shifting him around, maybe if it's not moving to another institution, maybe it's moving to a different part. But the biggest thing was the staff were not performing the jobs that they were supposed
▶ Play Suggest a correction Report an error
Speaker 65 20:48
to. Well, if you've got somebody with that background. Yes, sir. They're going to take advantage of every situation, and we just got to have the policy to be able to have the best controls we can, and I appreciate y'all. Yes, sir.
▶ Play Suggest a correction Report an error
Representative Howard M. Beaty, Jr. Unverified 21:08
Representative Beatty. Well, I just had a question that came in from a committee member who can't be here today, and let's see if I can get this out here. I guess something that was said in your report is that there was a memo or a directive about unsupervised inmates on the loading dock and on the dock. But I guess in the article in the DEMGAS, there was maybe some conflicting reports about the food services managers and others saying there was no directive. So can you provide the committee with that directive and the date of that directive? Yes, sir. I'll provide the committee with that.
▶ Play Suggest a correction Report an error
Representative Jason Nazarenko Unverified 22:05
All right. Thank you. Representative Dennis Orenko. Thank you, Mr. Chairman. Thank you. One last question. I appreciate the chair allowing me to ask these. It just kind of brought it up with Senator Johnson's question, you know, back on that classification, because it's exactly what I was looking at. You all made the mention that the inmate would have to kind of give you information if they were military with a DD-214. Are there quite a few inmates right now in the system that are prior police officers? Yes, sir.
▶ Play Suggest a correction Report an error
Speaker 77 22:37
We have several that are prior police officers as well as prior
▶ Play Suggest a correction Report an error
Representative Jason Nazarenko Unverified 22:42
military. Okay, and are they identified then in some sort of self-identification because they would be, I'm going to assume, that they have access to CLEST while they're a police officer where they can go in as much as they want and in the training episodes they can take as much of that training as they want and, in fact, they have required training. And then if they're military, they'll tell them what they have for training. Is that something that's identified to where this could be identified in the future where we're going to make sure we're going to avoid someone who has possibility of additional training to be able to exploit anything out there yes sir and
▶ Play Suggest a correction Report an error
Speaker 17 23:20
most of our law enforcement officers are in protective custody at one of our facilities so we definitely know who they are military is a little different different because you have so many and like i said it's a self-report on the military but once we do know who they are yes sir We have veteran barracks and things of that nature at a couple of our facilities. Okay. And I think when you say self-report,
▶ Play Suggest a correction Report an error
Speaker 40 23:40
I believe if we pull up the military record, there's
▶ Play Suggest a correction Report an error
Representative Jason Nazarenko Unverified 23:46
an open source information on something. And, I mean, if it says, I can tell you right now, if it says C or C or C or A, B, you know, you may want to put a star by them.
▶ Play Suggest a correction Report an error
Speaker 32 23:57
So, thank you. Representative, if I can just add, because there was legislation that came out of this session, And we are working to bolster our data sharing with various military departments Just so that we can do a better job identifying not just for this purpose But also for the purpose of trying to set them up with the appropriate resources when they leave our custody. Excellent. Thank you. Thank
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 24:18
you. Mr. Chairman Okay, my board is empty so you are free to go for the time being Thank you very much for being here Members we're going to move to the State Police Investigation Report. Who do we have here? All right. If you guys will come down and introduce yourself for the record. We'll recognize you.
▶ Play Suggest a correction Report an error
Speaker 91 25:00
I know. my name is drake champagne i'm an agent
▶ Play Suggest a correction Report an error
Speaker 93 25:08
with the special investigations unit of the arkansas state police drake champagne yes mike mcneil arkansas
▶ Play Suggest a correction Report an error
Speaker 95 25:17
state police special investigations unit thank you gentlemen both for being here i'm just going
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 25:22
to kind of turn you loose if you want to do i don't know if you have a summary or something like that you'd like to go through
▶ Play Suggest a correction Report an error
Speaker 95 25:30
and then we'll open it up for questions. All right. Thank you. Good afternoon, Mr. Chair and committee members. As we all know, inmate Grant Hardin escaped from the Arkansas Department of Corrections on May 25, 2025. As a result of that, the Arkansas State Police was directed to conduct an administrative investigation into the escape. We focused in three main areas regarding that administrative investigation. One, the circumstances and manner of inmate Hardin's escape. Two, the timeline and adequacy of notifications made to law enforcement and to the public by the Arkansas Department of Corrections. And three, we looked at the policies of the Arkansas Department of Corrections specifically regarding escape and tried to identify any concerns or areas that needed to be addressed. It is our understanding that this committee has been provided a copy of the investigative file. And if you have specific questions for us, we're more than happy to be here and answer those questions as best as we can. If you'd like for me to just go into some information in our summary, I can do that as well.
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 27:19
Okay, members. I think that we were provided the file yesterday, or staff was provided the file yesterday, around 420 it's a 900 page report and so that's too big to just email to you so I believe the report is online on the website you can view it there I think you could also pull it up on your documents for this meeting on the screen in front of you but if you have any questions for the state police you'd be welcome to ask them now or I hate that we just got it yesterday no that's fine and I know that wasn't your fault but until the committee has a chance to review it
▶ Play Suggest a correction Report an error
Speaker 95 28:04
I don't know that there's gonna be a lot of questions okay well a central question in the investigation was how did inmate Harden get on the back dock unsupervised and the investigation clearly shows that the policy at the north central unit that had been in place for many years allowed for inmates assigned to cleaning duties to be on the back dock unsupervised and that's in the in the file that that you guys have Um, so over the course of, you know, over a year, almost two years, inmate Harden by policy was allowed to access the back dock, uh, and remain out there for, uh, periods of time up to 30 minutes to over an hour, uh, with no supervision. Now, information provided by the warden and deputy warden, they state that approximately one month prior to the escape, they recognized that inmates were on the back dock unsupervised and that that was a concern. So at that time, they instructed the four kitchen supervisors and the kitchen manager that inmates were not to be on the back dock unsupervised anymore. So that was a verbal directive that was in conflict with established north central unit policy. So we fast forward to, I believe it was May the 14th, approximately two weeks before the escape. There was a staff meeting where the manager of the kitchen provided information to the four supervisors of the kitchen. And in this staff meeting, this is the document that representatives from the Arkansas Department of Corrections reference when they say that supervisors signed and acknowledged that inmates were not to be on the back dock unsupervised. Well, in this staff meeting, all of the supervisors signed the document acknowledging that they were present for the staff meeting, but nowhere in that document is there language regarding the supervision of inmates on the back dock. When the manager was interviewed, the kitchen manager, who presented this meeting to the supervisors, He referenced one of the bullet points that highlighted something regarding making sure that the back door stay locked, and his statement was that he furthered that bullet point in conversation with the supervisors and articulated that inmates were not to be on the back dock unsupervised. When we interviewed the supervisors who attended this meeting, three of them indicated that that was not relayed to them, and one of them said that it was. So we have some confusion on whether or not this verbal directive was appropriately articulated to the supervisors of the kitchen. Like I said, we've got three of them that say it wasn't told to them, and we've got one of them that says that it was. And, you know, again, a verbal directive can be given that is in contradiction to established policy. That's fine. But if that happens, the scenario should be that the administration at the North Central Unit then take the steps necessary to change the policy. They need to have meetings of the leadership there and of the administration and of members of the staff. There's a review process, and ultimately the warden would sign off on any policy changes. So by the verbal directive being given, that's fine. But the investigation shows that the verbal directive, if it was given, it was given approximately a month prior to the escape. And there was no action taken by the administration to formally change the policy regarding inmate supervision on the back dock. So that was concerning. The guard in the tower, you know, I believe
▶ Play Suggest a correction Report an error
Speaker 96 33:51
the investigation clearly shows that he, There was a lack of vigilance there, and by his own admission, there was complacency there. He was clearly at fault, you know, not verifying
▶ Play Suggest a correction Report an error
Speaker 95 34:15
who it was that was wanting to leave the facility. I know that there was some discussion in prior meetings or prior hearings that was his behavior reckless. I don't think it was. Whenever you try to categorize something as reckless, my understanding is that the person conducting the reckless behavior needs to do so knowingly. And the investigation clearly shows that the tower guard would have never opened the gate if he knew that that was Grant Harden wanting to exit the facility. You know, due to inmate Harden's disguise and lack of vigilance by the tower guard, You know, those were factors, significant factors, in Harden being allowed to leave the property. But I don't believe that it would be considered reckless because of the fact that the guard would not have done that if he had properly identified the individual.
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 35:48
On that point, did your investigation determine whether or not that was the first and only time that that guard let someone out without checking their ID,
▶ Play Suggest a correction Report an error
Speaker 95 36:05
or was that commonplace practice? I believe the investigation shows that it is the responsibility of the guard to, when someone approaches, to exit the tower. They go out onto the catwalk and they identify the individual. If that individual is an employee of the prison or someone that would be normally allowed to come and go, then the tower guard can open that gate. How many times this happened prior to inmate Harden escaping, I have no idea. Thank you. Representative Beatty,
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 36:50
did you have a question?
▶ Play Suggest a correction Report an error
Representative Howard M. Beaty, Jr. Unverified 36:53
Well, maybe just clarification. We're talking about supervision and supervised on the dock, but that could be direct supervision, or I read somewhere in the report that it was customary practice to notify the guard tower that inmate was going to be on the dock unsupervised. I think I read that somewhere in here. So are we straight on the meeting they had was for direct supervision on the loading dock? Is that what the one member was saying? And the kitchen manager said direct supervision, meaning that a guard was with that prisoner on the back dock versus just notifying the tower that there's going to be a prisoner, an inmate out on
▶ Play Suggest a correction Report an error
Speaker 95 37:50
the dock. Yes, that was our understanding, that there needed to be direct supervision, not just notifying a tower 75 yards away. Okay, thank you.
▶ Play Suggest a correction Report an error
Speaker 96 38:09
Other issues of concern that were identified involved the
▶ Play Suggest a correction Report an error
Speaker 95 38:16
policy structure of the Arkansas Department of Corrections. There are essentially three levels, the secretarial directives, the administrative directives, and the unit directives. Essentially, the secretarial directive, the policy, indicates that the Arkansas Department of Corrections Internal Affairs Administrator would be responsible for notifying state and local law enforcement in the event of an escape. The administrative directive states that there's a commander's checklist and essentially the warden would be responsible for notifying state and local law enforcement. And then you have the policy at the unit level. The policy at the North Central unit directed the staff to contact the Pine Bluff radio room, who showed to be the one responsible for notifying local and state in regards to an escape. So we've got a clear breakdown in communication between the three levels. Everybody has different requirements in regards to an escape and who is ultimately responsible for making the
▶ Play Suggest a correction Report an error
Speaker 98 40:04
notifications to law enforcement.
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 40:16
was the pine bluff radio
▶ Play Suggest a correction Report an error
Speaker 114 40:23
room notified the pine bluff radio room was
▶ Play Suggest a correction Report an error
Speaker 95 40:28
notified and the pine bluff radio room you know it is not their position that it that it's their responsibility to notify law enforcement or or state police um but it is and it was their responsibility to issue a bolo which which was attempted by the radio room but uh there again was there was another uh failure um the the highest ranking officer in the pine bluff radio room at the time generated a BOLO which was sent to ACIC which should have been sent to every terminal in the state informing all law enforcement that we've got an escape. However, the Arkansas Department of Corrections employee that generated this BOLO did so incorrectly. The physical description was incorrect and there was a formatting error which did not allow for the bolo to be sent out acic sent back to the pine bluff radio room an immediate response within seconds it's an automatic response that there was a formatting error and that the bolo had not been sent and and it needed to be reformatted. Well, the supervisor in the radio room was unaware of this failure, so ultimately there was no BOLO sent out by the Pine Bluff radio room in regards to the escape. So, you know, there's several concerns there that we've highlighted. Special Agent Champagne focused his efforts on the notification process and who was notified and when, and he can provide information in regards to that. So in looking at the notification process,
▶ Play Suggest a correction Report an error
Speaker 93 42:50
I broke it down into three main issues. And I know
▶ Play Suggest a correction Report an error
Speaker 118 42:54
you guys haven't had time to thoroughly go over the report, so I kind of try to summarize that the best I can. You've got operational deficiencies. The structure of how everything was going that day, specific to the NCU, you had one hand doing something and the other hand didn't know what each other was doing. So you had the warden on the property who, to my understanding, would be considered the ultimate commander. He was there when the escape happened. However, the investigation is revealing that a captain who was also on the property was strapped down with a lot of tasks. He was issuing assignments across the entire unit while visitation was going on, mind you. So it's busy at the unit. He's trying to issue assignments. He's confirming the escape, reviewing video to confirm the escape. He was tasked with also setting up the command center to get that rolling so that all the other supervisors get rolling in and get things handed out to everybody else. He was also tasked with ensuring documentation was complete and then following up with his superiors and his subordinates. So he had a lot going on at one time. This led to some breakdowns, and the biggest part of the breakdowns was communication errors that day, which has led to why law enforcement, state police, local, there was two agencies notified in total that day by ADC from what we've discovered. we go back to the operational deficiencies. The captain had assigned a corporal to begin making notifications. These local law enforcement agencies, higher-ups, everybody, he was assigned to start making these notifications. He was then pulled off and put into the command center once it was opened up to be a scribe. Nobody else was set to fill his position to continue on making notifications and so that got dropped once they're in the command center you have a communication issue between the captain a lieutenant in there and the warden thinking the communications had already or notifications already been made they're confused on what notifications each other is talking about and it gets left essentially for the for the remainder another day passes before they realize that law enforcement wasn't notified they they just assume because law enforcement It started showing up that the job had gotten done. Essentially, law enforcement is notifying each other, and that's how it happened. That's how we all got there. And then, like Mike was talking about, you've got human error. Going back to the Pine Bluff radio room, the Pine Bluff radio room was unaware of this policy. This goes into the policy structure he was talking about. there's three levels. You've got the secretary level at the cabinet. You've got the administrative, which is Mr. Payne, at the directorial level, and then you've got unit level policies, and they're not supposed to clash. Obviously, one is not supposed to supersede the one higher above it, and it did in every sense of this in this notification process. However, I've got to say that that was not the issue that day. They weren't even aware that the policies were clashing or that the ncu and the warden at the ncu was not aware that that was their policy that their policy was to have the pine bluff radio room notify local law enforcement to them they found that out a day or two later and they go oh this is this is what we're supposed to be doing this is our policy they didn't know that the pine bluff radio room interviewing them they were unaware of that policy as well they they said we don't have contacts up there we're you know we don't know who's local to them so they had no idea and so there was just this assumption that things were happening that that were not um and then then again as he talked about the bolo the error the formatting error that was in the pine blow freddy room they were responsible for issuing the bolo that would have went out to terminals to law enforcement across the state we would have been instantly notified that there was an escape that was kind of a as you say a fail safe to some of these other notifications and that didn't happen because of a formatting error and then it wasn't corrected so then you had agencies like the state police locally putting out their own bolos kind of putting information together themselves and putting it out because they weren't receiving it from ADC. We also identified a couple of other issues. Local residents, there is no, as far as we're aware, automated system to notify them. You've got a whistle that sounded that we don't know how far that reaches in that area. It's a mountainous terrain. We don't know how many people can actually hear that. They had to actually pick up the phone and call each residence in the area to notify these people that an escape had happened. And obviously they're not going to reach everybody, but that's the system that's in place at the moment. And possibly cross-training issues. The captain that was attempting, that held all these responsibilities, he was attempting to confirm the escape. He did not know how to operate the video system, so he has to call in a lieutenant to explain to him how to operate. These are all time-sensitive things that are wasting time. So just extra things that compile on to notification process. So once again, these policy issues that we've identified, we identified them later on, and we did make them aware of it, but they don't seem to be essential to the escape itself and the notification issues that day. It was stemming from operational deficiencies, communication breakdowns, and the human error. That's where your notification breakdown happened. I appreciate
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 49:06
that. Would you say in your professional opinion that if the appropriate amount of ongoing training was occurring, that might have led to the discovery of those policy inadequacies on the front end?
▶ Play Suggest a correction Report an error
Speaker 92 49:23
I don't think I'm qualified to answer that question, to be honest with you. One thing I will
▶ Play Suggest a correction Report an error
Speaker 118 49:29
say is that in speaking with Secretary Wallace, the top two layers of policy are reviewed yearly from her cabinet level and from the administrative level. And they're looked at to make sure they conform with law and they don't clash. The unit policies themselves are not looked at by anybody higher up than the warden at that unit. That's where it stops. and so essentially in talking to director pain units are allowed to have their own individualized policies as long as it doesn't clash with something that's already put put forward in the higher ups and those are very specific he gave me the example of if say for instance there's a policy on towers but you have a unit that doesn't have towers well that wouldn't apply to them so they would in that section they would specify it to that that unit that's about as far as it goes um this one clearly stepped on the higher policies and it it wasn't recognized or known because it didn't go further than than the warrant at the unit okay
▶ Play Suggest a correction Report an error
Representative Howard M. Beaty, Jr. Unverified 50:40
thank you representative well i just want to kind of follow up on what you just said and and so what i heard you say was you know and i guess when we first had the first meeting what we heard is it was more personnel but it was just a personnel problem there were two employees that just were complacent in their job and had not discharged their duties now sitting here listening to you what I'm hearing you say as it was personnel it was procedure and it was policy and it was overall communication and and just knowing and performing your jobs is that is that what did i hear you correctly in in those things that it's personnel procedures and policy were the
▶ Play Suggest a correction Report an error
Speaker 118 51:26
problems there were policy issues identified um i'm not the policy issues that we identified i'm not certain that they were the cause of the communication breakdown that day they were identified the three men issues that we believe contributed to the communication breakdown was operational as I described with it with it with a captain being strapped with a lot of different responsibilities and multiple things going on and maybe not a clear line of this person does this this person does this it's kind of a mix of everybody trying to handle multiple things at one time then yes the communication breakdown just and and that could fall into the human error category as well just not being not clarifying what the other person that you're speaking to what do they mean it was it was just a communication breakdown and then yes the human error um where you could have had fail safes that fail safe wasn't there because of the human error so that would
▶ Play Suggest a correction Report an error
Speaker 93 52:30
be the three main issues that i that I identified. Yes. Thank you. Senator Gilmore.
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 52:40
Thank you. And would you mind just over here? Yeah. Would you mind going through that again? Because I heard the question and I wasn't sure that I got a specific answer. So what were the three main things again? Operational, operational deficiencies. Can we talk about that really quick? Sure. Give us an example of operational deficiencies.
▶ Play Suggest a correction Report an error
Speaker 93 53:00
So the main thing that we identified was that the captain at the unit
▶ Play Suggest a correction Report an error
Speaker 118 53:10
who was essentially, the warden was at the unit as well. I mentioned that prior. However, the captain during this regular working day was essentially the one who's the shift supervisor, as I understood it, kind of directing operations, what's going on on the day to day, you know, the visitation that he's, he's, he's kind of in command is the second, from my understanding, from the rank structure, when he's
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 53:35
there at that day. So there's uncertainty
▶ Play Suggest a correction Report an error
Speaker 118 53:38
of duties, perhaps. Yeah, it could be, yeah, it could be confused because the amount of things he appeared to have been expected to do, I don't know that was possible. had a lot of things going that he was responsible for, and then I don't know past that if it got properly delegated once the task went from him to the next person if it was properly delegated
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 54:01
from somebody higher than him. Okay. And if the chair would give a little attitude here, and we'll take a second. All right, so that alone, let's break that down. Is that what
▶ Play Suggest a correction Report an error
Speaker 118 54:11
dictates those operations to happen? They have policy and escape procedures, Um, and from the understanding we have from looking at them, once again, I do not have a corrections background. So this is strictly from my study of it. Understood. The highest ranking officer at the unit at the time, which would have been the warden would be considered the ultimate commander. And
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 54:36
then it falls down from him and there's policy that dictates that. Okay. But the captain was running the show. Captain had a lot of responsibilities. Okay, well, I'll
▶ Play Suggest a correction Report an error
Speaker 95 54:48
take that as he was handling it. And I can add to that that the internal affairs investigation conducted by the Arkansas Department of Corrections found Warden Hearst to be in violation of policy by not assuming the role of ultimate commander in the onset of the escape. At what point did he step in and assume control or command? I
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 55:14
can't answer that question. I
▶ Play Suggest a correction Report an error
Speaker 118 55:17
don't know if it was actually clearly stated. You had the warden in his office and the captain up there as well doing different duties, and I don't know that it was ever actually
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 55:39
stated. You're in command or I'm in command. Okay. So policy dictated one thing, other things happened. Okay. What was the third? There were three. There was that. There was operations. What was the next one? Communications. Communications. All right, let's
▶ Play Suggest a correction Report an error
Speaker 118 55:53
talk about that. So one of the big errors, I ran through it quickly with the law enforcement notifications. The captain had originally assigned a corporal to begin, they call it the red book. It's basically, it's a manual. We got an escape. They flipped the escape section. Here's what you do. here's notifications you make this is what you do let's start this this this checklist so he correctly had a corporal start doing that and then unfortunately the same captain reassigned him to be a scribe once the command center was open which the captain opened and he's just essentially writing down everything that's going on in that room who's there who shows up what's going on what was said just so later it can you can see everything that happened in that room and And we have that in the report. Nobody was assigned to pick up his duties. And that's where law enforcement notifications stopped, right there. And it was asked about, a lieutenant showed up to the scene, to the command center, and asked the captain, have notifications been made? And he was referring to these law enforcement, overall, but the law enforcement. Like y'all, for instance. Right, for us. And captain said, let me check. He stepped in and asked the warden, has everything, everybody been notified? The warden said yes. So the captain tells the lieutenant yes. That's where it ended. And in interviewing the warden, the warden thought that the captain was talking about the warden's responsibilities, which he assumed were his uppers. I've notified the director. I've notified the assistant director. That's what the warden assumed the captain was asking about. and the captain assumed warden knows what he's talking about so there was
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 57:41
the communication breakdown okay and and i presume latitude mr chair i presume policy dictates who's to be notified and like when that starts uh once again there's
▶ Play Suggest a correction Report an error
Speaker 118 57:51
identified clashes between three but if we're going down to the level above the units would be administrative it would fall on that commander it would fall it would fall on the warden to assign it essentially Whoever's the highest-ranking officer there would have been ultimately responsible for assigning that. Got it. What was the third one? Human error. Okay. Well, that
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 58:09
one's clear. Correct. Okay. Thank you, Mr. Chair.
▶ Play Suggest a correction Report an error
Representative Howard M. Beaty, Jr. Unverified 58:20
Representative Beatty. I guess my question, in your report, I think the information that was provided to us was broken down into maybe 10 different sections, maybe a little bit more than that in exhibits. Any one of those exhibits would show your interview and your discussions with the warden specifically, and can you direct the committee to that section, please? There
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 58:44
are multiple interviews. What we have in front of us are summaries.
▶ Play Suggest a correction Report an error
Speaker 118 58:51
They're in-depth. There's multiple, multiple interviews that Special Agent McNeil did and that I did. I can't sit here and tell you a page number. I don't have all, like you just referenced, there's hundreds of pages, but they are labeled. It would be such as interview of Ward and Hurst, interview of, they are in their bisection, and then we have a summarized version of the interview, and there would also be audio to go with a lot
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 59:20
of them. Okay. Mr. Champagne, are you familiar with the National Incident Management System standards?
▶ Play Suggest a correction Report an error
Speaker 129 59:27
I'm aware of what it is. I would not
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 59:30
be able to go in depth with you on that. Did your investigation determine what training took place in order to prepare
▶ Play Suggest a correction Report an error
Speaker 118 59:40
for an incident such as this? That is not the portion that I – I was specifically on
▶ Play Suggest a correction Report an error
Speaker 96 59:48
notification and the communications thereof. That is
▶ Play Suggest a correction Report an error
Speaker 95 59:51
the only thing that I specifically handled. I think Adrian McNeil could speak to that. The investigation does contain records from the North Central unit highlighting annual training regarding escapes or emergencies like fires within the unit and things like that. So that is in the investigative file.
▶ Play Suggest a correction Report an error
Speaker 153 1:00:13
Okay. Thank you. My board is clear. You
▶ Play Suggest a correction Report an error
Representative Howard M. Beaty, Jr. Unverified 1:00:18
got another one? President Beatty. In your electronic version of this report, your copy that you have, I'm certain you have that on your computer or a flash drive, is there a searchable index where you could search and readily find everywhere within this document that there is a reference or a mention? We don't have what you have. I mean, I've just got a scanned-in copy is all I've got. We got it 420 yesterday, and we've been waiting on this for a couple of months. So, I mean, what you've got is a whole lot better than what I have. Are you looking for keywords? Is that what you're – I'm looking for keywords without having to turn 900 pages to look for the information that I want since I got it at 420 yesterday. I'm
▶ Play Suggest a correction Report an error
Speaker 118 1:01:00
going to assume this is this assumption they gave it to you in a PDF format, and you can do that on a PDF. You can actually go into the bar and search. It wouldn't be a part of our system. That's not something
▶ Play Suggest a correction Report an error
Representative Howard M. Beaty, Jr. Unverified 1:01:12
that – I've got 10 or 11 PDFs is my issue of my problem. So I got everything broken down into sections, and I just want to search it one time, and it hit everything. But I guess I'll take the time and flip 900 pages and find what I want. We'll have another meeting and have everybody back, and we'll go through this one more time. Understood. Would you
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 1:01:30
like to introduce yourself and be recognized? Did you have something to add? My
▶ Play Suggest a correction Report an error
Jason Aaron Unverified 1:01:36
name is Jason Aaron with the Arkansas State Police, lieutenant colonel over uh highway patrol criminal investigation and crowns against children division okay thank you for being here are there
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 1:01:47
any other questions from the committee at this time seeing none gentlemen we appreciate your being here and your forthrightness and giving us this information i'm sure we'll be doing this again look forward to it thank you Okay, committee, we're going to go back to, or we're going to go now to the review of the Department of Corrections policies and protocols regarding security. Secretary Wallace and Ms. Hughes, if you would join us, please. Yes, that's fine. What did you say? We can't hear you. What did you say, Madam Secretary? and you better introduce yourself for the record again tawny hughes chief
▶ Play Suggest a correction Report an error
Speaker 167 1:02:41
counsel department of corrections members i believe what we're
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 1:02:45
going to be going over is handout d1 which you should have
▶ Play Suggest a correction Report an error
Speaker 12 1:02:49
in front of you lindsey wall is secretary for the department i'm sorry i didn't hear you the first time i'm sorry dexter
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 1:02:59
pain director for division of correction all right thank you all for being here do you want to give us a brief overview of what you've got here or in-depth
▶ Play Suggest a correction Report an error
Speaker 32 1:03:09
whatever your preference well I'm gonna go as brief as y'all let me go since you have it in front of you and so we kind of walked through this general policy actions I tried to do some updates on the things we talked about at the last meeting and we've not yet filled the policy coordinator position but our new CIO had some really innovative ideas about utilizing AI to go through this vast catalog of policies and help me. I think they found that I don't do the best job when I'm trying to work 22 hours a day to look at policy, so we're going to try to use technology to help with that. And then if we can divert for just a minute and kind of talk through how policy is made at the division level, the divisions of the department all kind of do it differently and at the division of correction they have a policy committee and the policy the policy coordinator for that division goes and works with subject matter experts to get things kind of ready to go the policy committee signs off on it and then it comes up to the office of the secretary and shared services for kind of a legal review kind of see where it fits with everything else um a lot of times it goes back at that point because we noticed something that it doesn't fit in a format or there's a conflict with another directive so it goes back and then it has to go to the policy committee again they've traditionally met quarterly I've asked them to meet more often than that so hopefully we can speed along policy development that way and then we kind of talked through the policies governing classification so there's two main policies governing classification that we're looking at one of them is either currently being heard at a policy committee meeting in pine bluff or it has just been heard that one we made pretty small changes to that policy was not very clear about how often these policy reviews needed to be happening and um it's really clear now that they need to be checking the picture to make sure it's valid every year on annual review um making sure the emergency contacts are up to date and then also pushing that little recompute button so that we know that we have the most recent version and we're not depending entirely on technology to recalculate that on its own. The other is our kind of scoring system and that scoring system, we've kind of pushed pause on. Secretary Wallace, and we've already talked about it a little bit this meeting, went to the board. The board approved a comprehensive review of our classification system. We've got a couple inconsistencies in that policy, but if we change those and deviate from current practice that's going to cost programming money and given how quickly the classification study is moving we thought that probably the best course of action right now was to just make sure we're doing a really good job at implementing policy on classification in general get the get the baseline really really under control and then we can go and make the changes that are recommended and you know based on evidence and uh data so um the policies governing governing notification um once again there's kind of different notification policy for each unit and we are having the units look at those um i will say i think maybe the last time we hear we were here we talked about updating the secretarial directive on notifications uh secretary wallace myself and one of my deputies sat down and probably tried 45 different ways to fix the secretarial directive on incident notification in a way that made it really clear that once we activate these emergency checklists that we are moving to those every single one of those had unintended consequences and we were really worried about notifications not going out and kind of being in the same situation again so um she can tell me if i have a misstating this okay um effectively what we decided was we would rather notify people twice than notify them not at all um so we're going to leave the secretarial directive as it is um and leave that internal affairs investigator internal affairs administrator notification in place as kind of a fail safe um so that we can make sure that law enforcement's being notified at that level at the very least so um that's kind of my big picture
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 1:07:27
and i'll take any questions thank you for that is uh is is the department division in compliance with the national incident management system standards
▶ Play Suggest a correction Report an error
Speaker 20 1:07:40
yes sir uh uh all of our staff
▶ Play Suggest a correction Report an error
Speaker 17 1:07:49
have to take uh we start out at the training academy we teach uh the nims 100 there uh then uh ranking staff take the 300 400 series as well as seven and 800 i've i've taken one three four seven and eight for sure i think more than that but i know i've taken
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 1:08:08
those because it just it strikes me when you have those whether obviously we have the policy issues right i think we all recognize that that's not something that happened overnight that's something that's taken years to get there right um but when you have employees who are in a stressful situation you know usually that's where you rely on training to keep people focused to keep people on task uh to make sure that they're performing not only their duties but usually they need to know the duties of the people next to them right yes so that so that there's oversight there's double as you just said we're doing it twice right right so that's what strikes me throughout all of this is that folks didn't know what they didn't know and usually that comes down to training so i don't know if you have any way to explain that but it doesn't seem like we're training folks the way they need to be trained
▶ Play Suggest a correction Report an error
Speaker 17 1:09:06
yes sir and training uh is something that we definitely need to do more
▶ Play Suggest a correction Report an error
Speaker 173 1:09:10
of uh and i assure you we will be doing more training uh concerning the
▶ Play Suggest a correction Report an error
Representative Andrew Collins Unverified 1:09:15
the neums okay representative collins thank you mr chair so i think that the previous state police folks were talking about it came down to calling people in the area just making calls as best they could obviously a lot of people don't have landlines probably impossible to reach a lot of these people i know that's not really the notification you're talking about here how is it that that is the best we've got and i'm sure that there are ways to do that better do you know are there other jurisdictions anywhere else in the country that have a better system for notifying people in
▶ Play Suggest a correction Report an error
Speaker 17 1:09:58
the area yes something like this yes sir we had a fairly good system i think uh up until about March of this year, we had an alert express system that notified people for an incident such as this, and that went away in March. So now we're working on, Secretary, if I'm correct, we're working with state police on a notification system now to basically notify everyone. It hits everybody's cell phone that we've had an issue at the facility. Similar
▶ Play Suggest a correction Report an error
Speaker 177 1:10:26
to like an amber alert, a silver alert, something like that. We're working with state police to develop that kind of alert to take the place of what Mr. Payne's talking about with the Alert Express.
▶ Play Suggest a correction Report an error
Representative Andrew Collins Unverified 1:10:36
Okay, well that's good because that sounds much better. Why did the other one go away? You said
▶ Play Suggest a correction Report an error
Speaker 181 1:10:42
it went away in March. I don't know. I don't remember the answer. It wasn't of
▶ Play Suggest a correction Report an error
Speaker 173 1:10:47
our, was it the contract? No, I don't think it was a contract. I think the company My deputy
▶ Play Suggest a correction Report an error
Speaker 12 1:10:57
chief of staff is trying to tell me
▶ Play Suggest a correction Report an error
Speaker 183 1:11:00
something from the audience if y'all don't mind him to come up yeah he's saying it went away due the due to the technology of the system was that was
▶ Play Suggest a correction Report an error
Speaker 12 1:11:08
outdated outdated system technology okay well uh do you have
▶ Play Suggest a correction Report an error
Representative Andrew Collins Unverified 1:11:13
any sense of when the new system will be back up and running so we have something better in place for people can we get some latitude for
▶ Play Suggest a correction Report an error
Speaker 31 1:11:21
the deputy chief of staff to take my chair for a moment? Yes, that's fine. Okay. Oh, never mind. I didn't realize there was
▶ Play Suggest a correction Report an error
Speaker 11 1:11:27
an MTC. He can have the fourth. That's fine. Please introduce yourself for the record.
▶ Play Suggest a correction Report an error
Speaker 191 1:11:37
Good afternoon. Nicholas Stewart, Deputy Chief of Staff. We have a meeting with Major Stacey Rose next week to discuss the system that Secretary Wallace is talking about that will act like silver and amber alerts so when that system away
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 1:11:53
we didn't know it was going away or we knew it
▶ Play Suggest a correction Report an error
Speaker 191 1:11:57
was going away and we didn't plan for it to go away I think in talking to direct the pain from my memory we did not know it's a third party vendor that ACIC utilizes and we have a different partnership but there was something else and we were not we were not informed that the system was going away instead of us a phone call one
▶ Play Suggest a correction Report an error
Representative Andrew Collins Unverified 1:12:17
day that says it's ending so we don't quite know I guess when the new system will be up you'll know more after the meeting and yes sir representative rye
▶ Play Suggest a correction Report an error
Representative Johnny Rye Unverified 1:12:34
thank you thank you mr. chairman mr. yes and this may have been covered before but were there weapons used by the inmates when the when this breakout was made no sir there were no weapons utilized one anything there you know a couple of years ago this did come up and we felt like that we had needed a better accounting system for our for our weapons inside each each facility and I think it's something we probably still need to look at okay yes sir thank you sir thank you mr. chairman representative
▶ Play Suggest a correction Report an error
Representative Howard M. Beaty, Jr. Unverified 1:13:12
bitty i just want to go back and i'm still kind of hung up on the disciplinary action and maybe the first comments were made on this hard and escape this may not be the the right time to go through it but you're sitting back at the table so it's a good time for me to ask the question last time i think when when you first spoke about this and i'm specifically speaking to dexter pain you said it was just a failure on two employees and you stood by that and now after hearing from the state police after your own comments about the other disciplinary actions that had to take place would you like to make a statement on exactly what happened that led to this and was it just two employees or was it systemic failure throughout the system and failure to follow policies and directives and lack of communication and leadership at DOC? I
▶ Play Suggest a correction Report an error
Speaker 17 1:14:17
stand on those two employees were the main characters for this escape. We did find that we had policy issues once we determined, you know, during the escape we found that. But to push a button and let an inmate outside or let an unknown person outside of the gate is a human error. I stand on that. You know better. That's pretty much common sense that you
▶ Play Suggest a correction Report an error
Speaker 37 1:14:46
don't let somebody out the gate that you don't know. We're security.
▶ Play Suggest a correction Report an error
Representative Howard M. Beaty, Jr. Unverified 1:14:53
Specifically dealing with the kitchen staff and the terminated employees. I understand the guard and the guard tower just, like you said, made a mistake and wasn't thinking and pushed a button and just let the guy walk out. Kitchen staff, there seems to be some confusion on whether or not there was a written directive. I looked at the documentation that was sent to me about the meeting, and, I mean, maybe I failed to see in that meeting where there was anything that said, You know, I saw where the door should be locked, but, I mean, to me that wasn't clear. I didn't sit in the meeting. I wasn't there. But there were three other employees there, and so still on that employee that was fired from the kitchen, you still stand firm that that was fair and prudent action on that one employee? On that one employee, but we took action on most of
▶ Play Suggest a correction Report an error
Speaker 17 1:15:52
the kitchen staff. But that was after the fact. Yes, sir.
▶ Play Suggest a correction Report an error
Representative Howard M. Beaty, Jr. Unverified 1:15:57
I was after the fact there you've been any disciplinary action
▶ Play Suggest a correction Report an error
Speaker 17 1:16:02
on the warden Oh at this time we haven't taken any disciplinary action on the warden and I do understand the state police report Saying some confusion about the national incident management system, but it is just like today I'm the director for the division of correction. I'm sitting here with you. That doesn't mean I'm not in charge of Delta Dermott It means that I'm the
▶ Play Suggest a correction Report an error
Speaker 37 1:16:23
incident commander and the warden was there that day But that NIMS also tells you about command staff.
▶ Play Suggest a correction Report an error
Speaker 17 1:16:32
It also tells you about finance, public information. It tells you about different areas that other people cover, even though you're the incident commander. And that captain was serving as command staff that day. He wasn't the incident commander. The warden was. And he was command staff, and he did set those, give directions on staff as to what they were supposed to do. And I understand there was confusion between him and the warden because each other thought that they should have done something different as far as notifications. But the warden was the incident commander that day, and that captain was command staff that day. And that's what the NIMS tells us to do. So your short answer is no. No, I have not taken corrective action on the warden. Are you going to? Possibly. I
▶ Play Suggest a correction Report an error
Speaker 153 1:17:22
mean, I'll further look at this. That's good enough. thank you yes sir so it sounds like
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 1:17:26
everyone was confused out there that day though and that comes down to the leadership of the warden it comes down to the leadership of the captain right whether or not the captain agreed with the warden's decisions or not chain of command he's supposed to follow those directives right and delegate appropriately so that again comes down to policy and training yes sir that's great so this is not just about two employees no this is a failure systemically because we didn't have the training, because we didn't have the policies worked
▶ Play Suggest a correction Report an error
Speaker 37 1:17:53
out. Well, I was referring to the two employees that actually did the actions to allow this inmate outside the
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 1:17:59
fence. That does not happen without proper training and proper policy. Yes, sir. Senator Gilmore, you're recognized. Thank you. Thank you all for being
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:18:10
here. So I'm going to start with you, Director Payne. Okay. I know you're excited, aren't you? Yes, sir. So you heard my questions to the investigators. So I'm going to give you a chance. And succinctly, briefly, all of that, what do you disagree with in the report from the
▶ Play Suggest a correction Report an error
Speaker 201 1:18:31
state police? I think they did a
▶ Play Suggest a correction Report an error
Speaker 37 1:18:34
pretty accurate report. But as far as the portion where the kitchen supervisors weren't told, there's a situation there where they're told that, you know, that door cannot be unlocked without a supervisor present. Well, if a supervisor is not there and they don't unlock the door, the inmate is not out. So I know it doesn't just specifically say don't let an inmate on the back dock. I know it doesn't say that, but it's telling them without a supervisor present, don't unlock that door. Okay. So
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:19:02
that's the only thing that comes to mind on the report? Well, we've
▶ Play Suggest a correction Report an error
Speaker 20 1:19:06
definitely got some policy issues we've got to work through. So you agree with that
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:19:10
part of the report? Yes, sir. Okay. Great. Anything else?
▶ Play Suggest a correction Report an error
Speaker 206 1:19:16
No, sir. No other issues. Okay. Ms. Wallace?
▶ Play Suggest a correction Report an error
Speaker 41 1:19:21
Thank you, Senator. I mean, I tend to agree with what Director Payne said. I think they
▶ Play Suggest a correction Report an error
Speaker 42 1:19:26
did a really good thorough investigation talking to a lot of folks. I think it was a factual sort of takeaway of everything. And, you know, they said a lot, just kind of what Mr. Champagne said up here. I'm not a corrections official, so I don't feel like I'm, you know, able to weigh in on some of the stuff. I think Mr. Payne's right. We've got some policy cleanup that we need to work on. Ms. Rowell talked about some of those. And just looking at things from a big-picture perspective, Mr. Payne's already talked about the units and how they also need to be reviewing their policies. And then the communications breakdown. I mean, I think on a daily basis we talk about how we could communicate better amongst each other, and I think that goes for the whole department. So, I mean, I do think that they did a very thorough job with their review.
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:20:18
So it sounds like to me it goes beyond
▶ Play Suggest a correction Report an error
Speaker 42 1:20:23
two people. There were definitely breakdowns, I think, in a lot of it. I think there were some lax behaviors on lots of staff, but I think Director Payne's addressed a lot of those already with, or at least the unit has, with their disciplinaries. And I think we'll still probably be digesting this. We haven't really had. I mean, Representative Beatty mentioned it. It's a very long report. I think we'll have lots of time to sort of dissect and digest lots of things and see if there are more actions that we need to take.
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:20:50
Sure. Well, I think everybody has to digest considering we just got it. So there's that. Look, from our perspective, what's predictable is preventable, right? We don't want this to happen. you don't want this to happen again right i mean i think we can all agree on that and the only way we keep this from happening again is we make sure we have policies in place we have fail safes in place yes we can blame you know the person who pushed the button at the end of the day but what about all the things and i know i'm sounding like a broken record director pain from last time you were sitting there but we we can have the person sitting there and doesn't push the button but what about all the things leading up to it what about all the other measures that led up to that what about all the other things that are governed by policy that led up to that so i appreciate this the the viewpoint from y'all of you know at the end of the day you want to mitigate the issue with addressing the two employees but i just want to make sure that we're doing all the other things to keep this from happening again that's all that that's our only motive here because at the end of day this ended pretty well considering could have ended really poorly right I mean we this could have ended with loss of life it could have ended God knows what perish the thought but you know at the end of the day it ended pretty well considering and I think God blessed us in that so please understand our motive and our motive is let's don't do this again thank you representative Collins yeah just to
▶ Play Suggest a correction Report an error
Speaker 210 1:22:25
add on to that i mean i i
▶ Play Suggest a correction Report an error
Representative Andrew Collins Unverified 1:22:27
feel like i hear you guys acknowledging over and over again that it is more than just two people i mean you're going to improve the training and you acknowledge that the report is accurate and you're going to work on some policy issues so all of that you continually seem to be saying without saying it there's more than just two people those two people may have precipitated it in the immediate kind of one thing led to another way but there's a lot more that's going on that needs to be addressed am I getting that right yes sir that's correct
▶ Play Suggest a correction Report an error
Speaker 77 1:22:59
I think more needs to be addressed and when I see it to people I was talking about particularly the
▶ Play Suggest a correction Report an error
Speaker 17 1:23:05
escape the other things with the command center that's that's basically a recovery issue we were trying to recapture the inmate and we found that we had some communication issues and breakdowns
▶ Play Suggest a correction Report an error
Speaker 37 1:23:15
My, my, my approach to the two people is solely for how he got out that fence. But there
▶ Play Suggest a correction Report an error
Representative Andrew Collins Unverified 1:23:22
were things that could have been done that would have prevented that from happening, even with those two people's involvement that would have prevented them maybe from having led to that with their actions. If you had had some additional measures in place that you guys, I think, have acknowledged need to be done, need to be taken.
▶ Play Suggest a correction Report an error
Speaker 17 1:23:42
Yes, sir. We've taken some additional measures. I mean, we've done things like take an electronic lock off of one of the gates to make sure somebody has to go and retrieve a key to
▶ Play Suggest a correction Report an error
Speaker 178 1:23:52
open that gate. So we've done some things of that nature to make sure we hope not to have this mistake happen
▶ Play Suggest a correction Report an error
Representative Andrew Collins Unverified 1:23:59
again. Okay. Well, I just, you know, I hear Representative Beatty and I hear Senator Gilmore asking this question over and over, and I feel the same way they do. It's like, and then I hear you guys coming so close to acknowledging and agreeing with them, but somehow stopping short. So I'm glad to hear that it sounds like you actually are acknowledging
▶ Play Suggest a correction Report an error
Speaker 214 1:24:21
and agreeing with them without putting words in your mouth. Yes, sir.
▶ Play Suggest a correction Report an error
Senator Tyler Dees Unverified 1:24:25
Thanks. Senator Deese. Thank you, Mr. Chair. Do you do mock training, live trainings for these critical incidences? Yes, sir. Yes,
▶ Play Suggest a correction Report an error
Speaker 17 1:24:35
sir. So we do quarterly training and then we have a large-scale drill annually for each facility.
▶ Play Suggest a correction Report an error
Senator Tyler Dees Unverified 1:24:41
Okay, wonderful. And then reporting structure-wise, does the warden report to you?
▶ Play Suggest a correction Report an error
Speaker 219 1:24:45
The warden reports to one of the
▶ Play Suggest a correction Report an error
Speaker 178 1:24:52
deputy directors. Who is that? I'm sorry. Currently the deputy director for that unit, we don't have one, but at that
▶ Play Suggest a correction Report an error
Senator Tyler Dees Unverified 1:24:59
time it was William Strong. Okay, and why is that person not here anymore? Is that related
▶ Play Suggest a correction Report an error
Speaker 178 1:25:05
to this escape or is it unrelated? No, sir. We had a person retire. We just haven't had
▶ Play Suggest a correction Report an error
Senator Tyler Dees Unverified 1:25:12
a – we can't fill the position. So that's been empty for a while. So from an after-action review, the direct supervisor over the warden has been empty for a while. Who has been in communication with that warden about training and about fixing the problems?
▶ Play Suggest a correction Report an error
Speaker 17 1:25:29
I have someone filling in that role right now, And I'm taking on some extra duties, too, to make sure
▶ Play Suggest a correction Report an error
Senator Tyler Dees Unverified 1:25:37
we do that. And it was made aware to me that this individual had been let go, this warden, and had been brought back. And so that's concerning. And then we also have this incident happen under his watch. Are we confident this is the right person to be in charge of that command, of
▶ Play Suggest a correction Report an error
Speaker 17 1:26:04
that unit? Yes, sir. I'm confident he was let go previously about 12 13 12 or 13 years ago for a different incident. He was allowed to come back. I think because When he was terminated, I think the director that allowed him to come
▶ Play Suggest a correction Report an error
Speaker 197 1:26:19
back Felt that he wasn't necessarily the reason for the incident that happened that caused his termination previously
▶ Play Suggest a correction Report an error
Senator Tyler Dees Unverified 1:26:26
Okay So, the entire leadership structure at North Central Unit, in your opinion, is being adequately trained and has the backgrounds needed for future leadership in that role? Yes, sir. And we provide
▶ Play Suggest a correction Report an error
Speaker 17 1:26:44
the training. It's your comprehension of the training. And we think we do provide training. But we're sure going to make sure
▶ Play Suggest a correction Report an error
Speaker 178 1:26:52
that they get additional training to make sure that they can adequately do their job.
▶ Play Suggest a correction Report an error
Senator Tyler Dees Unverified 1:26:58
And we as Department of Corrections? Yes, sir. Okay. All
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:27:08
right. Thank you. Senator Gilmore. Thank you. Just to pick up where Senator D's stop. So 12 years ago, who was the director then? It wasn't you, right? No, sir. It was Ray Hobbs. Ray Hobbs. Okay. Okay, and how did he come
▶ Play Suggest a correction Report an error
Speaker 178 1:27:28
back? He was allowed to come back by former director, Wendy Kelly.
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:27:32
Okay. And remind me of the circumstances of his previous termination. There was a
▶ Play Suggest a correction Report an error
Speaker 173 1:27:40
sexual harassment complaint that wasn't handled correctly at the facility and several staff. Okay, and was he cleared of all of that
▶ Play Suggest a correction Report an error
Speaker 178 1:27:48
to be allowed to come back?
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:27:50
I didn't make that decision. I understand, but, I mean, you're who's sitting here. Yes, sir. I mean, you've been in the department, maybe not in that role.
▶ Play Suggest a correction Report an error
Speaker 77 1:28:04
Yes, sir. Yeah. So, yes, sir, he was cleared to come
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:28:09
back. Okay, okay. And you weren't there, Secretary. You were at a different agency, I presume. Yeah, okay. Can we talk about the kitchen staff for a second? So, that person was fired, terminated, right? Yes, sir. During this ordeal or after this situation? Yes, sir. Do you think that was the right decision? Yes, sir.
▶ Play Suggest a correction Report an error
Speaker 173 1:28:34
Okay. Can you elaborate? I think once this person had been told that he could not allow inmates on the back dock alone
▶ Play Suggest a correction Report an error
Speaker 178 1:28:45
and he did it anyway, I think he failed to obey his orders. Okay. Who oversees
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:28:51
him or her or that person? The deputy warden. Okay. So what about the deputy
▶ Play Suggest a correction Report an error
Speaker 17 1:29:02
warden? The deputy warden is the one that basically gave the instructions to not do it.
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:29:07
Okay. But who oversees the day-to-day and knows if he's following the policy or procedures? The food production manager. Okay,
▶ Play Suggest a correction Report an error
Speaker 178 1:29:13
well then maybe that person. Yeah, okay. So was that
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:29:15
person doing their job? No, sir. Okay, well then why not them? They're terminated. That one too? Yes, sir. So how many have been terminated at this point? Three at this point. Okay, okay. So who does that person report
▶ Play Suggest a correction Report an error
Speaker 219 1:29:35
to? That person reports to the deputy ward.
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:29:37
Okay, well there we are back again. I mean, you see my point. Like, at some point when it's just, when you start just terminating people, maybe they deserve to be, not saying that they don't necessarily, but do you just stop there? I mean, at some point, there are failures beyond just human error, and those failures are the system. The failures are the fail-safes of the system to make sure that there's oversight and to make sure that people are doing their job. And, again, not trying to beat the horse here, but, like, the point my making is you can keep going up the food chain, right?
▶ Play Suggest a correction Report an error
Speaker 17 1:30:14
Right. But if that deputy warden was the one that originally saw them breaking policy and instructed them, that was the purpose of that meeting, and they had to sign. Sure. If he was the one that caught them and told them not
▶ Play Suggest a correction Report an error
Speaker 178 1:30:26
to do it again. Yeah, 100%. Where's his fault?
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:30:32
Well, who's to make sure that they follow his rules or his orders? Him and the kitchen captain. Right. So my point is we can keep going in circles on this, right? But if we don't have the proper policies and the procedures to make sure that the orders are followed and we don't have the proper oversight to make sure the orders are followed, then we can keep playing the circular reasoning game of who's to blame. And that's the point. That's the point we're making. If we have the policies and procedures in place, then we don't have to play the game. Right. You follow? Yes, sir.
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 1:31:11
Thank you. My board is cleared. Any other questions?
▶ Play Suggest a correction Report an error
Representative Howard M. Beaty, Jr. Unverified 1:31:15
Representative Beatty. Just one question, kind of to follow back up, and also since this is on actual the review of DOC policies and protocols regarding security. A few years back, there was reference to a study that I think may be a grant money where we spent $453,000 for a study to study and assess the program, culture, and climate in Arkansas, and prison culture and climate in Arkansas, and mainly go over operational issues within Department of Corrections and Community Corrections. It was supposed to be a four-year study conducted by Dr. Mary Parker, Dr. Robert Lytle, and Dr. Molly Smith. And that was supposed to be completed maybe April of this year. I was just wondering if that's been completed. Do you all have a copy of that? Is it something that
▶ Play Suggest a correction Report an error
Speaker 177 1:32:13
is shareable with this committee? It is partially
▶ Play Suggest a correction Report an error
Speaker 42 1:32:16
completed, Representative Beatty. So Dr. Parker started on the incarcerated side of the house, Division of Correction. So we have a preliminary report covering that that we can absolutely share with you all. The Division of Community Correction, so the probation and parole side of the house, and those community correction centers that now coincidentally I think are under Director Payne, that piece of it is still ongoing. She hasn't quite wrapped up that report yet, but we can absolutely share the other one with you. and have
▶ Play Suggest a correction Report an error
Representative Howard M. Beaty, Jr. Unverified 1:32:46
all those grant monies been expended or is there still some hold back uh on that for completion of this report that was i think it went through the study went through april of 25
▶ Play Suggest a correction Report an error
Speaker 42 1:32:57
and i don't know the answer to that i do believe my procure well she was here my procurement administrator was here but i think we asked for an extension on the contract from you guys so that she could finish out the study i don't think we added any additional funding to it but that's what my recollection is but if you'll let me double check that I will get back to you
▶ Play Suggest a correction Report an error
Representative Howard M. Beaty, Jr. Unverified 1:33:17
that'd be great and if we can we can get you back on that you can you can double check and come back to us on that but probably at a later meeting it would be nice to see that report and let this committee review that report and see if you know maybe some of these are issues that they identified within their study okay so we look forward to seeing that report mainly to make certain that we knew something about if we spent 453 thousand dollars on it thank you and that brought
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 1:33:47
another question to my mind uh the department has not filled the policy coordinator position at this time i can remember if you addressed that at the beginning of your remarks are there roadblocks in the way is there a reason we're not filling that
▶ Play Suggest a correction Report an error
Speaker 42 1:34:02
position so we've talked about the position the board of corrections and i talked about it i'm trying to remember maybe two meetings ago and and kind of what we wanted what the board wanted to do and kind of where we are i think miss ral sort of alluded to that we're trying to speed up the frequency with which the policy committee meets so we can get a better handle on the existing process right now but at this time no the board and and and well i guess myself we are in at the point where we're trying to work the process as it exists right now before we add another position to the department okay thank
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 1:34:38
you all for being here we appreciate you all right committee now we'll give the board of Corrections a chance to visit with us mr. to let mr. Hodges if you'd introduce yourself for the record
▶ Play Suggest a correction Report an error
Speaker 231 1:35:09
Yes, I'm Brandon Tallinn. I'm a member of the Arkansas Board of Corrections.
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 1:35:14
Dr. Byers. Sorry. Do that again, Mr. Tallinn. Sorry. I'm Brandon Tallinn, and
▶ Play Suggest a correction Report an error
Speaker 234 1:35:21
I'm a member of the Arkansas Board of Corrections. I'm Dubs Byers,
▶ Play Suggest a correction Report an error
Speaker 235 1:35:27
member of the Board of Corrections. Grant Hodges, member of the Board of Corrections. Thank you, gentlemen, for being
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 1:35:32
here. I don't know if you all want to start out with statements or anything like that, or if you just wanted to open it up for questions. If you have anything you want to say,
▶ Play Suggest a correction Report an error
Speaker 234 1:35:48
now's the time. I would like to say that this is the first time that we've had the opportunity to really look at, just like all of you, the state police investigation. So it is going to take me quite a bit of time to go through 900 pages of documents. Thorough, I don't think, is a
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 1:36:06
word that correctly describes the investigation. okay we'll move to members senator gilmore i think uh
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:36:12
extremely thorough and lengthy would be accurate to describe that mr chair i'd like to um following up on the question you just asked the last group i'd like to hear from the board um basically their thoughts on that question and and if i make sure i actually get your your question is there any sort of roadblock or
▶ Play Suggest a correction Report an error
Speaker 239 1:36:40
hold up on the policy position within corrections. Senator Gilmore, not that I
▶ Play Suggest a correction Report an error
Speaker 235 1:36:45
know of, not that I know of, I would point out that there are mechanisms in place for the development of policy. I mean, it's not like we don't have a policy development procedure right now. We have policy development on the community correction side as well as on the Division of Correction and on the community correction side, as well as there are individuals in the secretary's office that are assigned to policy development. I guess probably that may be part of the reason is because right now there have been individuals who have been covering that.
▶ Play Suggest a correction Report an error
Speaker 239 1:37:29
But as far as there being a roadblock, I'm not familiar with one. To any of the
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:37:36
three of y'all, have you filled that position then? No, sir, we
▶ Play Suggest a correction Report an error
Speaker 234 1:37:43
haven't filled the position. Or the Department of Corrections hasn't filled it. We can't
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:37:47
fill the position. Well, I presume y'all okay it, right? I mean, you
▶ Play Suggest a correction Report an error
Speaker 241 1:37:52
would approve it. We do give the okay on those. And to follow up with what Dr. Byers mentioned, there were some other positions that were needing filled that we've been trying to get filled as well. And so that took priority. Specifically, one is an attorney position that falls under Director Payne that we've struggled getting filled. And so we wanted him to be able to have an attorney position because he needs that legal direction, especially when we look at having an escape beforehand. And so we didn't want that to take a back burner before filling the policy position. Okay. And what other positions then have
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:38:24
taken priority over this one? I don't think that there are
▶ Play Suggest a correction Report an error
Speaker 241 1:38:28
any others. That's the only one that I recall. Okay.
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:38:33
So how long have we been looking at this position? For quite a while.
▶ Play Suggest a correction Report an error
Speaker 241 1:38:42
Are you talking about the policy coordinator? The policy position. It was brought to the board's attention, I believe, two meetings ago. And that's the last time that the board has actually spoken about the position. But it was two meetings ago. I don't have the date off the top of my head. And not before that, that you recollect? Not that
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:38:55
I recall, no. Okay. Mr. Hodges, you're the only one that hadn't spoken.
▶ Play Suggest a correction Report an error
Speaker 247 1:39:04
Do you care to jump in there? I agree with everything Mr. Tullett has said. Okay. I think we're all eager to fill that position
▶ Play Suggest a correction Report an error
Speaker 242 1:39:13
and continue to work on these policies. Okay. Do you foresee that getting
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 1:39:25
filled soon? I certainly hope so. Okay, gentlemen, I'm done with the question. So it was mentioned that we have committees that do policy and all these other things, but it's obvious that that is not working right now. Do those folks, is that their only job to look at policy, or do they have other duties that might take them away from making sure the policies align and conform, not only with state law but with even interdepartmental? Somebody
▶ Play Suggest a correction Report an error
Speaker 241 1:39:52
behind me may be able to correct me on this, But I believe that the Department of Corrections the Department of Community Corrections both have a policy coordinator position That is that is their dedicated positions and then we have a person that works and shared services under the legal division that also Deals with policies along with other things, but
▶ Play Suggest a correction Report an error
Speaker 231 1:40:10
I believe there are two positions that that work on those Okay, specifically, okay Senator Gilmore Thank you so
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:40:17
we have positions one in corrections one in community corrections correct correct that has been the way the system is okay and so i think the point would be to have a single person to look broadly over all of it i mean do you not think that's a good idea i mean i'm i'm asking there's not necessarily a right or wrong answer here that i'm looking for i mean i'm just trying to figure
▶ Play Suggest a correction Report an error
Speaker 241 1:40:50
out why this hasn't been done. I understand what you're saying, Senator. You're saying because when we look at the communication policies that we just spent 30 minutes talking about or so, there were differences in between the unit policies versus the secretarial directors. Inconsistencies, right, that just don't help any crisis. That is correct. And I will say that I do think some sort of centralized position can help alleviate some of that um and i'm not and i'm not trying to say that the position is not valuable or anything like that but there have been long specifically the attorney position is a long-standing position that we've been trying to get um field for the department of corrections to be able to help not just with the escape but any kind of you know legal situation that comes up and so i don't think the board has an issue feeling a coordinator position i don't think that's it i I think the issue is we have
▶ Play Suggest a correction Report an error
Speaker 234 1:41:42
positions that have been a priority for a long period of time that we're trying to get filled as well.
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:41:48
Okay. And that attorney position is the one you're speaking of that you've been trying to fill? Yes, sir. Okay. That's the one that I can recall. Okay. And so does that position exist currently, or is that a new position? That position exists currently. The legal position? The legal position exists currently. Okay, and it exists outside of legal department or the legal? Because you have legal staff, correct?
▶ Play Suggest a correction Report an error
Speaker 241 1:42:14
Shared services has legal staff. There was a position within the Department of Corrections,
▶ Play Suggest a correction Report an error
Speaker 234 1:42:19
and I can't tell you the title of it off the top of my head. I just know it's
▶ Play Suggest a correction Report an error
Senator Ben Gilmore Unverified 1:42:25
an attorney position that directly advises Director Payne. Okay, but shared services legal can't offer legal advice
▶ Play Suggest a correction Report an error
Speaker 241 1:42:35
to Director Payne? They can. I think they have been. I think it's a little disjointed in the way that it is because Dexter needs somebody, or Director Payne, I apologize, needs somebody that he can call or go meet with at his office, which I believe is located in Pine Bluff, whereas our shared services legal department is located in Little Rock. Okay.
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 1:42:59
So you said that, did I hear you correctly, the department and the division have folks that work on policy yes we should get those two together i agree 100 okay because obviously that's a major issue so they haven't gotten together yet
▶ Play Suggest a correction Report an error
Speaker 241 1:43:20
no they have they have in fact though when when the coordinator position um the discussion came up during the board meeting we informed all of those individuals that they need to be meeting on a very consistent basis what we've discovered is that there was an extensive backlog log of policies that were that were moving through the divisions up to shared services but it didn't seem like they were coming back with approvals because legal was making changes to them and there
▶ Play Suggest a correction Report an error
Speaker 234 1:43:47
was an issue so we as a board recommended that they meet more frequently and they meet in person so
▶ Play Suggest a correction Report an error
Speaker 241 1:43:53
so that we can get those addressed. Okay. Any other questions? Anything further? No, I do want to, I would like to say I do share the sentiment of this committee about the training. I will tell you from my personal experience and from the education that I have that we and public service need to spend a large portion of our training on low frequency but high risk events because when they occur we don't have always have the opportunity to go back and read every policy manual that exists especially when there's different ones scattered out across the department or division and so I think that's a focus that I'm taking personally on the board to really sit down and figure out how we can make training better and more effective for our staff so that one we can prevent these things from happening in the future because I promise you I don't want to sit here any longer because of an escape and I know that you guys don't want to have to do that as well and the state doesn't deserve to have to do that and so figure out how we can prevent it and then figure out how we can address those other issues very good well thank you gentlemen for being here
▶ Play Suggest a correction Report an error
Senator Matt McKee Chair Unverified 1:45:00
members if there is no other business we are adjourned Thank you.
▶ Play Suggest a correction Report an error

Agenda

A. Call to Order

0:28

B. Discussion of Arkansas Department of Corrections (DOC) Critical Incident Report Involving Prisoner Escape from Calico Rock [Exhibit B]

0:55

C. Presentation of Arkansas State Police (ASP) Investigation Related to Prisoner Escape from Calico Rock [Exhibits C1-C10]

24:39

D. Review of DOC Policies and Protocols Regarding Security

1:02:10

E. Discussion of Arkansas Board of Corrections (BOC) Policies and Protocols Regarding Security

1:34:47

F. Other Business

1:45:04

G. Adjournment

1:45:06

Speakers

Senator Matt McKee Chair Unverified
65 segments
Speaker 3
1 segment
Senator Tyler Dees Unverified
17 segments
Speaker 7
2 segments
Speaker 12
4 segments
Speaker 17
34 segments
Speaker 20
3 segments
Representative Jason Nazarenko Unverified
11 segments
Speaker 32
23 segments
Speaker 40
2 segments
Speaker 42
12 segments
Chair Unverified
2 segments
Speaker 35
1 segment
Speaker 63
1 segment
Speaker 65
4 segments
Speaker 70
1 segment
Representative Howard M. Beaty, Jr. Unverified
23 segments
Speaker 77
3 segments
Speaker 91
1 segment
Speaker 93
4 segments
Speaker 95
32 segments
Speaker 96
4 segments
Speaker 98
1 segment
Speaker 114
1 segment
Speaker 118
35 segments
Speaker 92
1 segment
Senator Ben Gilmore Unverified
53 segments
Speaker 129
1 segment
Speaker 153
2 segments
Jason Aaron Unverified
2 segments
Speaker 167
1 segment
Speaker 173
4 segments
Representative Andrew Collins Unverified
11 segments
Speaker 177
2 segments
Speaker 181
1 segment
Speaker 183
1 segment
Speaker 31
1 segment
Speaker 11
1 segment
Speaker 191
3 segments
Representative Johnny Rye Unverified
3 segments
Speaker 37
6 segments
Speaker 201
1 segment
Speaker 206
1 segment
Speaker 41
1 segment
Speaker 210
1 segment
Speaker 178
9 segments
Speaker 214
1 segment
Speaker 219
2 segments
Speaker 197
1 segment
Speaker 231
2 segments
Speaker 234
6 segments
Speaker 235
3 segments
Speaker 239
2 segments
Speaker 241
14 segments
Speaker 247
1 segment
Speaker 242
1 segment