Burns v. State

793 S.W.2d 779, 303 Ark. 64, 13 A.L.R. 5th 1117, 1990 Ark. LEXIS 383
CourtSupreme Court of Arkansas
DecidedJuly 16, 1990
Docket90-33
StatusPublished
Cited by16 cases

This text of 793 S.W.2d 779 (Burns v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burns v. State, 793 S.W.2d 779, 303 Ark. 64, 13 A.L.R. 5th 1117, 1990 Ark. LEXIS 383 (Ark. 1990).

Opinion

Jack Holt, Jr., Chief Justice.

This case involves Act 715 of 1981, which is codified at Ark. Code Ann. §§ 12-29-501 to -507 (1987) and known as the State Prison Inmate Care and Custody Reimbursement Act.

On March 27, 1981, the appellant, Larry Burns, was convicted of 1) theft of property and sentenced to ten years in the Arkansas Department of Correction, 2) breaking or entering misdemeanor theft of property and sentenced to seven years in the Arkansas Department of Correction to run concurrently, and 3) theft of property and sentenced to five years in the Arkansas Department of Correction to run consecutively.

In November 1986, Burns received an inheritance from his father; the State subsequently filed suit pursuant to Act 715 to recover Burn’s estate deposited in his account at the Tucker Unit, in the amount of $6,870.43. The trial court awarded the State a judgment in the amount of $55,888.76 as reimbursement costs for Burn’s care.

On appeal, Burns alleges four points of error: 1) the trial court’s judgment of $55,888.76 was excessive and not supported by the evidence or by law, 2) Act 715 of 1981 is an unconstitutional bill of attainder in that the State’s confiscation of his estate of inheritance results in a corruption of the blood, 3) Act 715 of 1981 is an unconstitutional ex post facto law in that the forfeiture of his estate is a punishment legislatively added after his incarceration, and 4) he was singled out for prosecution under Act 715 of 1981 and was consequently deprived of due process and equal protection of the law.

We agree that the judgment of $55,888.76 was in error and correct the judgment to reflect the actual amount of Burn’s estate on account at the Tucker Unit, noted at the time of his trial as $5,850.58.

We will discuss Burn’s points of error in reverse order and begin with his contention that he was singled out for prosecution under Act 715 and was consequently deprived of due process and equal protection of the law. We note that the record is barren of any proof that Burns was “singled out” and have stated that we will not attempt to respond to an argument lacking entirely in specificity. Ruiz v. State, 299 Ark. 144, 772 S.W.2d 297 (1989).

Additionally, the act is facially neutral and, as codified, provides in pertinent part as follows:

Section 12-29-503(b)
The Attorney General shall investigate or cause to be investigated all such reports furnished by the Department of Correction, for the purpose of securing reimbursement for the expenses of the State of Arkansas for the cost of care of the prisoners.
Section 12-29-504(a)
Whenever it shall be found that any person has been admitted to a penal facility of the Department of Correction as a prisoner, the Attorney General or the prosecuting attorney of the county from which the person was so sentenced shall, if the person or prisoner possesses any estate or shall thereafter while he shall remain in the institution become possessed thereof, petition the circuit court. . . that the estate may be subjected to the payment to the state of the expenses paid and to be paid by it on behalf of the person as a prisoner.

Consequently, the State’s pursuit of reimbursement of the costs of Burn’s care under the Code provisions is not violative of Burn’s due process or equal protection rights.

Burns next argues that Act 715 is unconstitutional as an ex post facto law. Burns was convicted on March 27,1981; Act 715 went into effect on June 23, 1981. In support of his argument, Burns contends that the act adds a new punishment to his conviction, in the form of a forfeiture of his estate, by reaching back in time to punish acts that occurred before the enactment of the law.

In Peeler v. Heckler, 781 F.2d 649 (8th Cir. 1986), the court analyzed an ex post facto law as follows:

An ex post facto law is one which reaches back in time to punish acts which occurred before enactment of the law. A penal statute may also be an ex post facto enactment if it adds a new punishment to the one that was in effect when the crime was committed. The appellant contends that § 402(x)(l) as applied to him is such a law, since its sanctions are triggered by the past commission of a felony, and its effect is the forfeiture of a benefit formerly received. However, even if what the appellant says is a true characterization of the statute, we may not hold that it imposes ex post facto penalties unless the law was enacted for punitive purpose. If the law in question is focused on the past crime, then it is likely intended as a punishment, while if the focus is upon the benefit from which the person is barred, it is not, even though the impact on the individual may be harsh.
(Citations omitted.)

In Peeler, the court held that a federal statute that suspended social security disability benefits for incarcerated felons was not an ex post fact law, since there was a rational connection between the provision and a nonpunitive goal regulating the distribution of disability benefits. In that case, people in prison have their subsistence needs taken care of by the imprisoning jurisdiction; for such reason, it was entirely rational for Congress to suspend federal disability payments to prisoners.

In this case, too, there is a rational connection between the act provisions and the nonpunitive goal of reimbursement to the State for care and custody expenses from state prison inmates. Act 715 is not unconstitutional as an ex post facto law as it is not focused on the crimes committed by Burns, nor is it additional punishment.

Burns also alleges that Act 715 is an unconstitutional bill of attainder in that the State’s confiscation of his estate of inheritance results in a “corruption of the blood.”

In Nixon v. Administrator of General Services, 433 U.S. 425 (1977)(citing United States v. Brown, 381 U.S. 437 (1965)), the Supreme Court discussed the key features of a bill of attainder and stated that it was “. . . a law that legislatively determines guilt and inflicts punishment upon an identifiable individual without provision of the protections of a judicial trial.” Bills of attainder are proscribed by Art. I, § 10 of the United States Constitution, which provides that “[n]o State shall. . . pass any Bill of Attainder, ex post facto Law . . . .”

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Bluebook (online)
793 S.W.2d 779, 303 Ark. 64, 13 A.L.R. 5th 1117, 1990 Ark. LEXIS 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burns-v-state-ark-1990.