Lenard v. Kelley
2017 Ark. 186
| Ark. | 2017Background
- Appellant Ricky Lynn Lenard, Sr. challenged the Arkansas Parole Board’s rescission (Apr 2014) and later denial (Mar 30, 2015) of his transfer eligibility to community corrections.
- Lenard pleaded nolo contendere (2010) to fourth-degree sexual assault (misdemeanor) and later pled to felony theft, criminal mischief, and failure to register as a sex offender; he received a 60-month aggregate sentence in 2013. The sentencing court amended the order to remove a sexually violent-predator designation and exempted him from further SORA registration requirements.
- In Jan 2014 Lenard was found guilty of a major disciplinary infraction in ADC, losing good-time credits; the Board rescinded his transfer eligibility in Apr 2014 based on that infraction.
- SOCNA (civil registry) had designated Lenard a level-three offender by default for failing to submit to assessments under SORA; the Board relied on factors including seriousness of the crime, age of the victim, and prior criminal history to deny transfer in Mar 2015 and required completion of RSVP.
- The circuit court denied Lenard’s petitions for declaratory relief and mandamus, finding sovereign-immunity bars and lack of merit; Lenard appealed pro se.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ADC/Board acted ultra vires by disciplining Lenard and rescinding 2014 transfer eligibility | Lenard: disciplinary finding was erroneous; rescission unlawful | ADC/Board: had statutory authority to discipline and the Board to consider major infractions | Court: Affirmed — ADC/Board acted within statutory authority; sovereign immunity bars relief on this claim |
| Whether Board lawfully denied transfer in Mar 2015 by relying on SOCNA level-three assessment and age-of-victim | Lenard: Board improperly relied on civil SORA designation and misdemeanor victim-age to reclassify felony eligibility | Board: denial based on seriousness, victim age, prior history — within discretion | Court: Reversed in part — Board exceeded authority by using SOCNA civil designation and misdemeanor victim-age to deny transfer |
| Whether Board could delay reconsideration for two years for Lenard’s convictions | Lenard: not subject to statutory crimes permitting two-year delay | Board: discretionary authority to delay | Court: Reversed — statutes allowing two-year delay apply only to enumerated serious felonies, not Lenard’s offenses |
| Whether Board could require RSVP participation as condition of transfer | Lenard: RSVP is for felony sex offenders and not authorized given his convictions and amended order | Board: program participation is a valid condition of transfer | Court: Reversed — imposing RSVP was unauthorized because Lenard’s incarceration was for non-sexual felonies and amended order exempted him from further sex-offender evaluation |
Key Cases Cited
- Lenard v. State, 2014 Ark. 478 (per curiam) (noting amended sentencing order removing sex-offender indicators)
- Poff v. Peedin, 2010 Ark. 136 (standard of review guidance for declaratory actions)
- Crawford v. Cashion, 2010 Ark. 124 (treating pro se declaratory relief challenging conditions of incarceration as postconviction)
- Mitchem v. Hobbs, 2014 Ark. 233 (sovereign-immunity exceptions and agency-ultra vires doctrine)
- Fitzgiven v. Dorey, 2013 Ark. 346 (agency action must be beyond statutory power to be ultra vires)
- Lewis v. Hobbs, 2014 Ark. 407 (parole eligibility governed by law in effect when offense committed)
- Beavers v. State, 2016 Ark. 277 (application of sentencing-commission seriousness levels to parole/transfer eligibility)
- Parkman v. Sex Offender Screening & Risk Assessment Comm., 2009 Ark. 205 (SORA assessment is civil and regulatory, not criminal)
- Burchette v. Sex Offender Screening & Risk Assessment Comm., 374 Ark. 467 (SORA’s public-notification scheme and limits)