A federal judge has granted a preliminary injunction sought by Arkansas parolees who argued the state’s parole revocation system violates constitutional due process rights.
The lawsuit, filed against the Arkansas Parole Board and the Department of Corrections, claims parolees particularly those who cannot afford an attorney were denied fair hearings when facing revocation of parole.
Attorney Olivia Fritz of the MacArthur Justice Center, who represents the plaintiffs, said the proceedings failed to provide basic protections. She also alleged parolees were denied accommodations for disabilities and proper consideration for court-appointed counsel.
U.S. District Chief Judge Kristine Baker rejected the state’s request to dismiss the case and found parolees do not have adequate opportunities to raise constitutional claims in state proceedings. The court also ruled that a state regulation denying the right to appointed counsel in revocation cases is unconstitutional.
Legal analysts say the ruling underscores that parole revocation which can result in a person returning to prison carries significant constitutional protections.
Under the injunction, the state must implement several reforms, including providing written notice of alleged parole violations, conducting proper preliminary hearings and screening parolees for eligibility for appointed counsel when requested. If counsel is denied, the state must provide written reasons.
The court also ordered officials to consider individualized accommodations for parolees with disabilities.
State officials have not yet announced how or when the required changes will be implemented.
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