New Pew Center Study on Prison Terms

Time Served

The High Cost, Low Return of Longer Prison Terms

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• Full Report
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Quick Summary

The length of time served in prison has increased markedly over the last two decades, according to a new study by Pew’s Public Safety Performance Project. Prisoners released in 2009 served an average of nine additional months in custody, or 36 percent longer, than offenders released in 1990.

Over the past 40 years, criminal justice policy in the U.S. was shaped by the belief that the best way to protect the public was to put more people in prison. Offenders, the reasoning went, should spend longer and longer time behind bars.

Consequently, offenders have been spending more time in prison. According to a new study by Pew’s Public Safety Performance Project, the length of time served in prison has increased markedly over the last two decades. Prisoners released in 2009 served an average of nine additional months in custody, or 36 percent longer, than offenders released in 1990.

See how longer prison sentences costs states over $10 billion

Those extended prison sentences came at a price: prisoners released from incarceration in 2009 cost states $23,300 per offender--or a total of over $10 billion nationwide. More than half of that amount was for non-violent offenders.

The report, Time Served: The High Cost, Low Return of Longer Prison Terms, also found that time served for drug offenses and violent offenses grew at nearly the same pace from 1990 to 2009. Drug offenders served 36 percent longer in 2009 than those released in 1990, while violent offenders served 37 percent longer. Time served for inmates convicted of property crimes increased by 24 percent. 

Almost all states increased length of stay over the last two decades, though that varied widely from state to state.  In Florida, for example, where time served rose most rapidly, prison terms grew by 166 percent and cost an extra $1.4 billion in 2009.

A companion analysis Pew conducted in partnership with external researchers found that many non-violent offenders in Florida, Maryland and Michigan could have served significantly shorter prison terms with little or no public safety consequences. 

The report also summarizes recent public opinion polling that shows strong support nationwide for reducing time served for non-violent offenders.

Herald-Leader article about early release and HB 463

Early releases will put penal code reform to test - Lexington Herald-Leader

It has been nearly six months since the most sweeping changes to Kentucky's penal code in decades, but the first major test of the philosophy behind them will begin Tuesday when nearly 1,000 state prisoners are granted early release.

House Bill 463, the comprehensive and controversial overhaul that became state law June 8, was intended to save more than $40 million a year in Department of Corrections costs, with a large chunk of those savings being reinvested in community supervision and counseling programs to keep prisoners from ending up back behind bars on the taxpayers' dime.

The prisoners released Tuesday will be monitored by the department of probation and parole for the last six months of their sentences. If successful, the state could see millions of dollars in savings from the first batch of releases alone.

The average yearly cost to incarcerate a state prisoner in Kentucky is $21,906, according to data from the Department of Corrections. The average cost to supervise out-of-custody criminals is a fraction of that — $987.Savings probably won't be calculable until later this year, Kentucky Justice Cabinet Secretary J. Michael Brown said. Other portions of the bill are still works in progress.

Louisville Courier-Journal article about proposed amendments to PFOs

Public defenders seek changes to Kentucky repeat-offender law - Louisville Courier Journal

 

Prosecutors view the harsher penalties as a tool to crack down on career criminals and counteract the effects of early-release programs.

But since 1980, the number of state inmates sentenced under the PFO law has grown from 79 to more than 4,000, costing Kentucky taxpayers nearly $89 million in incarceration costs each year. Critics say that’s too much, given the state’s budget problems.

“We really can’t afford to continue this policy,” said Ed Monahan, head of the Kentucky Department of Public Advocacy.

The department, long opposed to the 35-year-old law, hopes to make its most forceful push to date for “modest adjustments” during the 2012 legislative session.

...

“Our major point is, this is costing Kentucky a lot of money and it is being applied to inmates who don’t fit the criteria of being incorrigible,” he said. “We ought to start to make modest adjustments that won’t in any way affect public safety.”

click here for complete article

 

 

LRC Press Release about Public Advocate's Testimony Regarding PFO laws

(video of the hearing is available at Aug 05 Interim Joint Committee on Judiciary Ed Monahan and Damon Preston's testimony begins 75 minutes in)

The state’s Public Advocate is asking state lawmakers to consider limits on who can be considered a persistent felony offender and violent offender in Kentucky.

Kentucky Public Advocate Ed Monahan told the Interim Joint Committee on Judiciary that “modest adjustments” to the state’s persistent felony offenders (PFO) and violent offender laws would result in more prisoners being released at a time when they are least likely to reoffend, save the state millions of dollars, and create a more balanced criminal justice system where the longest sentences are reserved for felons who Monahan described as more of a risk to public safety.

Today, Monahan said, there are 7,792 inmates in Kentucky sentenced as persistent felony offenders, violent offenders or both at a cost to the state of $169 million. Many are offenders who were convicted of the lowest level, often non-violent felonies.

In fact, Monahan said 1,441 Kentucky inmates are serving an average sentence of 11 years for an underlying offense classified as only a Class D felony, the lowest level felony offense under state law.

“One felony is a serious conviction with serious consequences. But if you look at the 7,700 you have a lot down at the Class D range. A question that one might ask is, do you really want to incarcerate those persons for this aggravated length of time at a significant cost to you?” said Monahan.

Many PFOS in Kentucky today are felons who have never served time for a prior offense, said Monahan. That has been the case since 1976 when, Monahan said, the Kentucky General Assembly tightened the state’s PFO statutes by abolishing the requirement that a person be imprisoned on a prior offense before being sentenced as a PFO and lengthened the time a PFO must serve before being eligible for parole, among other changes. Prior PFO statutes required three prior convictions and two separate periods of incarceration before a person could be sentenced as a PFO, he said.

Instead, the Public Advocate and his staff suggested that state lawmakers consider adjusting the PFO and violent offenders statutes in any number of ways, including eliminating PFO sentencing for non-violent felonies, using PFO status for sentencing of those with two or more prior felonies without a substantial break in criminal activity, repealing the required 10-year period before some PFOs are eligible for parole, an requiring actual imprisonment on prior felonies before a person can be sentenced as a PFO.

For violent offenders, Monahan’s office suggested reinstating Kentucky’s pre-1998 requirement that 50 percent of a violent offender’s sentence, rather than the current 85 percent requirement, be served before a violent offender is parole eligible. The office also suggests that violent offenders be limited to those convicted of six specific crimes including murder as well as rape, sodomy, robbery with a firearm, burglary with a firearm and assault—all in the first degree only.

Changing the PFO and violent offenders statutes would also restore sentencing jurisdiction to judges and juries rather than prosecutors, where it resides now because of legislative changes, said Monahan.

Committee Co-Chair Sen. Tom Jensen, R-London, asked Monahan if he believes the state’s PFO statutes from 1974—which Monahan said were more limited—were a better way to go.

“As a public policy measure…when do we say enough is enough for somebody?” said Jensen. “There comes a point where we have to say, I think we have to say, we just can’t tolerate your behavior.”

Monahan said what changes are made to the law is up to the General Assembly, but added that he is providing facts that will help lawmakers decide if they want to change the statutes or not.

Keeping felony offenders in prison for decades have not shown to be effective in all cases because it carries significant costs and, studies show, older inmates are less likely to reoffend, said Monahan. “The adjustments that can be made (would give) the Parole Board a little more discretion with those folks,” he said.

Right now, Monahan said Kentucky’s PFO and violent offender statutes are some of the broadest in the nation.

 

2011 Penal Code Task Force - DPA submits two documents

DPA has recently submitted two documents to the 2011 Penal Code Task Force.  To start their work this year, the Task Force solicited criminal law reform ideas through a survey.  To further assist the Task Force, Public Advocate Ed Monahan created a document outlining the development and impact of the PFO and Violent Offender laws. 

Cost-Efficient Adjustments of Kentucky’s Persistent Felony Offender and Violent Offender Laws submitted to 2011 Penal Code Task Force by DPA

Survey of DPA Attorneys Regarding Needed Penal Code Reform

Proposed Adjustments to Kentucky’s PFO Law (KRS 532.080)

A.    Eliminate PFO enhancements for non-violent felonies.

B.    Eliminate first and second degrees, leaving PFO status to apply only to those with two or more prior felonies without any substantial break in criminal activity. 

C.    Repeal 10-year parole eligibility requirement for PFO first degree.

D.    Require actual imprisonment on prior felonies.

E.    Prohibit all double enhancements by eliminating PFO for all offenses already enhanced by a prior conviction.

Proposed Adjustments to Kentucky Violent Offender Law (KRS 439.3401)

A.    Reinstate 50% parole eligibility for violent offenders, as originally passed in 1986 and maintained until 1998 when Congress conditioned federal funds on passage of 85% parole eligibility. (No federal funds would now be lost by reverting to the prior law.)

B.    Limit the category of violent offenders to those convicted of:
   i.     Murder
   ii.    First-Degree Rape
   iii.    First-Degree Sodomy
   iv.    First-Degree Robbery with a Firearm
   v.    First-Degree Burglary with a Firearm
   vi.    First-Degree Assault

Other Alternative Adjustments to the Kentucky Violent Offender Statute Include:

A.   Limit 85% parole eligibility to intentional conduct resulting in death, serious physical injury, or substantial sexual contact.  Wanton murders, assaults and other non-intentional crimes resulting in death or serious injury and other violent intentional crimes not resulting in death, serious injury, or substantial sexual contact (i.e. first-degree robbery) could be reverted 50% parole eligibility rather than 85%.

B.    Limit each category of crime in KRS 439.3401 to convictions “involving the death of the victim or serious physical injury to a victim.”

C.    Limit violent offenses to any class A or B felony or capital offense involving the use or threatened use of physical force upon another person.

D.    Graduate the parole eligibility according to the Classification of the violent offense, e.g., 75% for violent Class A convictions, 50% for violent Class B convictions, etc. 

E.    Provide that violent offenders who reach a certain age, such as 65 or 70 years, except for those sentenced to life without parole or life without parole for 25 years, be parole eligible.

F.    Repeal the 2006 substantial expansion of the violent offender statute, which added the following crimes to the definition:
   1.    Commission or attempted commission of a felony sexual offense in KRS Chapter 510;
   2.    Use of a minor in a sexual performance as described in KRS 531.310;
   3.    Promoting a sexual performance by a minor as described in KRS 531.320;
   4.    Unlawful transaction with a minor in the first degree as described in KRS 530.064(1)(a);
   5.    Promoting prostitution in the first degree as described in KRS 529.030(1)(b);
   6.    Criminal abuse in the first degree as described in KRS 508.100;
   7.    Burglary in the first degree accompanied by the commission or attempted commission of an assault described in KRS 508.010, 508.020. 508.032, or 508.060;
   8.    Burglary in the first degree accompanied by commission or attempted commission of kidnapping as prohibited by KRS 509.040; or
   9.    Robbery in the first degree
       
G.    Expand the KRS 439.3402 exemption to include additional significant mitigating conditions such as mental illness, mental retardation, the age of the defendant, a victim of  sexual abuse, and those in KRS 532.025:
   1.    The defendant has no significant history of prior criminal activity;
   2.    The offense was committed while the defendant was under the influence of extreme mental or emotional disturbance even though the influence of extreme mental or emotional disturbance is not sufficient to constitute a defense to the crime;
   3.    The victim was a participant in the defendant's criminal conduct or consented to the criminal act;
   4.    The offense was committed under circumstances which the defendant believed to provide a moral justification or extenuation for his conduct even though the circumstances which the defendant believed to provide a moral justification or extenuation for his conduct are not sufficient to constitute a defense to the crime; 
   5.    The defendant was an accomplice in an offense committed by another person and his participation in the offense was relatively minor;
   6.    The defendant acted under duress or under the domination of another person even though the duress or the domination of another person is not sufficient to constitute a defense to the crime;
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sp;  7.    At the time of the offense, the capacity of the defendant to appreciate the criminality of his conduct to the requirements of law was impaired as a result of mental illness or retardation or intoxication even though the impairment of the capacity of the defendant to appreciate the criminality of his conduct or to conform the conduct to the requirements of law is insufficient to constitute a defense to the crime; and
   8.    The youth of the defendant at the time of the crime.

Unlocking America: Why and How to Reduce America's Prison Population

This report published by The JFA Institute shows "that incarcerating large numbers of people has little impact on crime" and that the "improper use of probation and parole increases incarceration rates while doing little to control crime" (p. 2). This publication is divided into seven parts: crime rates and incarceration; three key myths about crime and incarceration; the limits of prison-based rehabilitation and treatment programs in reducing the prison population; decarceration, cost savings, and public safety; six recommendations; and concluding remarks.

Unlocking America: Why and How to Reduce America's Prison Population (November 2007)

 

Fundamentals of Evidence-Based Policy-Making

Evidence-based policy-making is an attempt to identify and adopt policies scientifically proven to achieve desired results.  In the area of criminal justice, the ultimate goal is to reduce crime while at the same time reducing spending.  Believe it or not, this has been accomplished in many states.

So what are the fundamentals of evidence-based policy making in the criminal justice system?  What principles result in less crime at lower cost? Here they are:

• Sort offenders scientifically by risk – Save the expensive jail and prison space for people who are statistically high risk.  In bond decisions, sentencing decisions, and parole board decisions, seek to avoid incarceration of low and moderate risk individuals and adopt community-based alternatives instead.
•  Base intervention programs on science – Literally thousands of programs all over the country have been studied and evaluated for their success in reducing things such as failure to appear, committing new crimes while out on bail, and recidivism after re-entry into the community.  The research is ample and best practices are being identified.  Just as an example, the research is clear that most programs need to invest more in supervision of people identified as high risk and less in supervision of low and moderate risk individuals.  Implementation of evidence-based practices results in average decrease in crime of 10 to 20 percent.
• Harness technology – Technological innovations have made supervision of people before trial, on probation, or on parole, much easier and effective.
• Make sanctions for violations certain and proportionate – Probation officers with high caseloads, a lack of a range of appropriate sanctions, and who have to go through administrative hurdles to get a sanction imposed,  often delay seeking sanctions until a really serious offense has been committed.  HB 463 introduces a mandate for graduated sanctions to be imposed on those who violate probation or parole and gives courts the ability to grant probation officers the authority to impose those sanctions without prior approval of the court for each violation.  This reduces delay, reduces time probation officers have to spend in court, and reduces time violators spend in jail.
• Measure progress – Ways must be identified and adopted to measure progress throughout the entire criminal justice system.  Which jails, prisons are saving money?  What is happening to the recidivism rate?  Which circuits or districts are reducing failure to appear among those released prior to trial?  How many more people are paying restitution?  How many more people are completing treatment in community-based services rather than being incarcerated? 
• Create incentives for success -  HB 463 contains provisions for creating incentives for success at many levels – that of the individual probationer or parolee, of a circuit or district court, of statewide programs.

For  a more extensive discussion of these principles and their use see the Kentucky Task Force on the Penal Code and Controlled Substances Act Report

Contributed by Glenn McClister

HB 463 Official Certified Copy Now Available

Most of the provisions of historic House Bill 463 become effective today.  Representing one of the most sweeping and comprehensive reforms of the criminal justice system in Kentucky in decades, the legislation is based on models which evidence shows have been effective in other states in not only lowering systemic costs but lowering recidivism as well. 

Here is the certified copy and all the statutes effected by HB 463 which are either already in effect or go into effect today.  Once legislation is passed it goes to the revisor of statutes to codify the legislated amendments and additions into the statutes effected by that legislation.  The only “official” or “final” copy of what those new or amended statutes look like belongs to the revisor of statutes.  These are all the statutes effected by HB 463 in their new and final form, including the emergency provisions regarding conditional discharge revocations and those which take effect today.  Those sections which will not take effect till 2012, 2013, etc. are NOT included.  The revisor of statutes has also provided a copy of his certification of the accuracy/authenticity of this copy of the newly revised statutes (he will keep the original on file in his office, as it says in the certification).

The statutes you’ll want to look at first include the KRS 218A statutes, KRS 431 statutes, KRS 532.080, and KRS 534.   

Contributed by Glenn McClister

Other HB 463 related resources

June 2011 Edition of The Advocate Newsletter

DPA District Court Manual (updated to include HB 463)

Stay tuned to this blog or subscribe to updates through email, Twitter or Facebook for more news about HB 463 implementation. 

 

DPA District Court Manual Now Updated to Include HB 463 Other New Legislation

The third edition of the District Court Manual (47 pages) is now available. 

Revised to include the new pretrial risk assessment scoring used by AOC as of March 1, 2011 and to include all the new provisions of HB121 and HB463 which apply to district court practice – including the very important new provisions regarding arrest, bail and the changes to enhanceable offenses.  The relevant caselaw is up to date and new sections on appealing bail in district court and on earning credit toward old fines and costs under HB 463 have also been included.

Contributed by Glenn McClister  

"Kentucky???s overhaul of its criminal justice system this spring is a textbook example of genuine bipartisanship" - The Crime Report

How a ‘Tough-on-Crime’ State Became Smart on Crime

For three decades, Kentucky politicians proved they were tough on crime. At every opportunity, they stiffened sentences and added offenses to the state’s penal code.

They nearly bankrupted the state.

more...

Change from 1000 yards to 1000 feet from school became effective on March 23, 2011 under HB 121

The change comes in the first section of KRS 218A.1411 (see below).   This change was also made as part of the new “Penal Code Reform” (HB 467) but the difference is that HB 121 has an emergency provision, meaning it became effective on 3/23/11 (the date it was signed).  The Penal Code reform would not become effective until 6/8/11. 

This means that:
(a)    Offenses committed after 3/23/11 are only subject to enhancement if they were committed within 1000 feet of a school, without question; and
(b)    Offenses committed before 3/23/11 are subject to KRS 446.110, which provides that where a new bill mitigates a penalty, the defendant can opt for the penalty in the new bill.  Since KRS 218A.1411 is a penalty provision, I would argue that 446.110 applies to the that provision.  If that is the case any offense for which final judgment has not been entered should only be enhanced under that provision if the transaction occurred within 1000 feet of a school, rather than 1000 yards.

Section 8.   KRS 218A.1411 is amended to read as follows:
(1)      Any person who unlawfully traffics in a controlled substance classified in Schedules I, II, III, IV or V, or a controlled substance analogue in any building used primarily for classroom instruction in a school or on any premises located within one thousand (1,000) feet[yards] of any school building used primarily for classroom instruction shall be guilty of a Class D felony, unless a more severe penalty is set forth in this chapter, in which case the higher penalty shall apply. The measurement shall be taken in a straight line from the nearest wall of the school to the place of violation.
(2)      The provisions of subsection (1) of this section shall not apply to any misdemeanor offense relating to naphthylprovalerone, 3,4-methylenedioxypyrovalerone, 3,4-methylenedioxymethylcathinone, 4-methylmethcathinone, synthetic cannabinoid agonists,[ or] piperazines, or salvia.

Contributed by Kristen Bailey and Tim Arnold

States Rethink Drug Laws - Wall Street Journal

Treatment Gains Favor Over Long Prison Terms; a New Look at Rehabilitation

A growing number of states are renouncing some of the long prison sentences that have been a hallmark of the war on drugs and instead focusing on treatment, which once-skeptical lawmakers now say is proven to be less expensive and more effective.

Kentucky on Thursday became the latest to make the shift when Gov. Steve Beshear signed into law a measure increasing spending on rehabilitation programs and intensive drug testing. The law also reduces penalties for many drug offenses and may allow some traffickers and users of smaller amounts of drugs to avoid prison.

Sweeping Penal Code Bill Signed into Law

Beshear signs into law sweeping bill to overhaul criminal code

Gov. Steve Beshear signed into law Thursday a broad overhaul of Kentucky’s criminal code, saying House Bill 463 “helps us be tough on crime, while being smart on crime."

The legislation changes Kentucky drug laws by reducing prison time for low-risk, non-violent drug offenders who possess small amounts of illegal drugs.

It then reinvests the savings from the reduced prison costs into drug treatment opportunities for offenders who need help.

The full text can be found here. 

Watch this blog for summaries and analysis in the coming months. 

"Do you know Sarah Johnson?" DPA Social Worker profiled by The Morehead News

Addiction costs state millions of dollars - The Morehead News

If you talk to the district and circuit court judges, the commonwealth or county attorney or the jailer about treatment options for addicts, they’ll invariably all ask the same question: “Do you know Sarah Johnson?”

    Her name has become synonymous with genuine, and professional, advocacy for people in legal trouble because of crimes committed in addiction.

    The master clinical social worker at the Kentucky Department of Public Advocacy—the public defender’s office—is well known for thorough and personalized work to find treatment options for indigent clients.

    The DPA social worker program came about as a means to lessen the taxpayer burden of overcrowded prisons and jails, according to an agency report. Johnson is one of 12 social workers throughout the Commonwealth that work in the DPA offices to assess and refer clients to appropriate treatment options.

    “Our role is to work as an agent of the attorney to assess cases where there’s apparent mental health and substance abuse and when the attorney feels a person would benefit more from treatment than incarceration,” Johnson said.

    According to a 2008 report, the social worker program has proven cost-savings. Kentucky saved $3.25 for every $1 invested in the social workers’ salaries.

    More than 10,000 days of incarceration were saved as social workers worked with the public defenders, prosecuting attorneys and judges to divert clients into long term residential treatment, outpatient treatment and other community treatment alternatives.

    While Johnson is concerned with the economic cost savings, she is also concerned with helping people recover their lives from addiction.

    “I really care about my clients and advocate for them to find the appropriate programs,” Johnson said.

    “My education and training has prepared me to find individualized options for people, each of whom are unique and valuable. All addicts are not the same,” she added.

    Usually, Johnson first encounters defendants when they are in jail. She goes to them and conducts an assessment and works with them to identify the most appropriate options for resolving legal problems and for helping them move into recovery.

    She then works with the public defender, the prosecuting attorney and the judge to recommend the best options. Oftentimes, residential or outpatient treatment is recommended for defendants with drug-related offenses.

    Johnson said she doesn’t stop at the recommendation, however.

    “I help our clients through the process. I don’t set treatment up for people. I give them options and work with them to make a good decision,” she said.

    “If they are comfortable with me talking to families, I do. There are many needs beyond just getting a person into treatment,” she added.

    Johnson said the success of the DPA social worker program goes far beyond reducing the jail and prison population.

    “My clients are people who suffer from addiction and because they suffer they committed a criminal offense.

    “If we invest in them and allow them to make something of themselves, I believe they can,” she said.

Kentucky Penal Code Reform Bill Filed

Newspaper coverage of the bill

Louisville Courier Journal  Bills aim to cut prison costs, improve drug treatment

Lexington Herald Leader Kentucky drug laws would change under new proposal

Below is a summary of the bill by former Public Advocate Ernie Lewis ( caveat - I have been reviewing numerous drafts, and could easily have made a mistake in the summary. If you have a question about a provision, please go online to read the entire bill.) HB 463 and SB 161

There are several very progressive reforms undertaken in this legislation, including the following:

• Establishes quantities for trafficking in controlled substances.
• Changes the 1000 yards to 1000 feet in 218A.141.
• Eliminates the enhancer for possessory drug offenses. 
  
• Lowers penalties for trafficking 2nd, creating a mini-Class D for first offenses.
• Lowers penalties for trafficking 3rd.
• Lowers penalties for possession 1st to a mini-Class D.
  
• Creates deferred prosecution as a preferred alternative for possession 1st cases and 2nd, with presumptive probation as the other alternative.   Presumptive probation is required for second offenses unless the person is ineligible.
• Marijuana possession is a Class B misdemeanor punishable by 1-45 days.
• Significant changes are made to pretrial release.  For example, if presumptive probation is the possible sentence, the court must release the defendant on an OR or unsecured bond unless written findings are made.
• Deferred prosecutions are created similar to pretrial diversion.
• Evidence based practices, including the use of risk and needs assessments, permeate the bill.  This is especially so for probation and parole. 
  
• Changes are made to eliminate double enhancements.  Possession cannot be PFO'd, although it can be used as a prior.
• Citations will be required for all Class B misdemeanors and most Class A misdemeanors. 
  
• Pretrial release is changed significantly.  If a person is indigent he must be released on an OR or unsecured bond unless he is not a flight risk, a danger to himself or others, or unlikely to appear for trial. 
  
• A system of graduated sanctions is created for persons on probation and parole whereby revocations won't have to take place.  Probation and Parole will also have an administrative caseload with lesser supervision and an early means of termination for persons on probation. 

Early reporting on KY Task Force on Penal Code proposal

Kentucky drug laws would change under proposal   John Cheeves Bluegrass Politics Blog

More of Kentucky’s drug criminals would be sentenced to probation and addiction treatment instead of incarceration under a broad reform bill proposed Tuesday by a high-powered committee created to find cheaper alternatives to prison.

The Task Force on the Penal Code and Controlled Substances Act is meeting to discuss and sometimes debate a draft of its final proposal for the 2011 General Assembly, which resumes Feb. 1.

The 100-page bill would rewrite many of Kentucky’s criminal laws, especially those concerning illegal drugs.

It would establish a penalty of “presumptive probation” for some lesser offenses, such as drug possession, that would require judges to sentence defendants to probation unless they could give a compelling reason why the defendants could not safely be supervised in the community. It also would require up to a year of addiction treatment for people convicted of drug possession.

Marijuana possession would be reduced from a Class A misdemeanor, which brings up to a year in jail, to a Class B misdemeanor with a maximum jail term of 45 days, if the judge ordered incarceration at all.

The bill would fine-tune drug-trafficking laws so that people caught selling larger volumes of drugs would face tougher penalties than those selling two to four ounces or less, depending on the type of drug.

The offense of drug trafficking near a school, which now covers drug crimes within 1,000 yards of a school, would be reduced to 1,000 feet.

At the same time, the proposal would create a new Class A felony — the most serious level of crime, other than a capital offense — for people convicted of “commercial drug trafficking.” That charge would be possible if someone had an illegal drug in quantities greater than five times necessary to trigger the trafficking statute and if they were guilty of at least five of 10 possible aggravating circumstances, such as possessing $10,000 or more in cash, a gun, a list of customers or drug transactions, or drug-manufacturing paraphernalia.

Task force members said they want stiff prison sentences for high-volume drug dealers but not necessarily for addicts whose only crime is personal possession. One-fourth of Kentucky’s nearly 21,000 inmates are being held for drug offenses.

The task force includes the chairmen of the House and Senate judiciary committees, a former prosecutor, a defense lawyer, the secretary of the Justice and Public Safety Cabinet and Kentucky’s chief justice. It will present the draft bill on Wednesday to the legislature’s Joint Interim Committee on the Judiciary.

Tom Handy and Guthrie True on the need for penal code reform in Kentucky

Kentucky needs to control rising cost of corrections - Lexington  Herald-Leader

The article concludes with: 

And so you find a prosecutor and defense attorney coming together — with legislators, state and local officials and the chief justice of the Kentucky Supreme Court — in an effort to chart a course that will make a positive difference. The task force plans to issue its recommendations to the state legislature in January and the focus will be clear: getting Kentuckians a better return on their public safety dollars through policy options that protect public safety and hold offenders accountable, while controlling corrections costs.

Discussion on Penal Code Reform tonight on KET

On the Monday, Dec. 20 edition of “Kentucky Tonight” at 8 p.m. ET on KET1 and at www.ket.org/live, host Bill Goodman and guests will discuss the state’s penal code.

Scheduled guests are state Sen. Tom Jensen, R-London, chiar of the Senate Judiciary Committee and co-chair of the 2010 Task Force on the Penal Code and Controlled Substances Act; state Rep. John Tilley, D-Hopkinsville, chair of the House Judiciary Committee and co-chair of the 2010 Task Force on the Penal Code and Controlled Substances Act; state Justice and Public Safety Secretary Michael Brown and Kentucky Supreme Court Chief Justice John Minton.