The McCreary County Record

State News

February 3, 2010

Sentencing reform may have hit big road block

Stumbo says he's not advocate of penal code reform

FRANKFORT — Kentucky’s cost for incarcerating felons is approaching $500 million, nearly half of the budget shortfall facing the state over the next two years. The prison population is more than 21,000 and expected to exceed 23,000 in two years. Two years ago, Kentucky led the nation in the rate of incarcerating its citizens.

Rep. Johnny Bell, D-Glasgow, has read the studies done by University of Kentucky law professor Dr. Robert Lawson. A practicing attorney, Bell has seen the effects of Kentucky’s stringent persistent felony offender laws which are often stacked on top of drug enhancement laws to threaten defendants with longer sentences. Lexington attorney and lawmaker, Jesse Crenshaw, who chairs a judiciary budget subcommittee has seen the effects of those laws both in the courtroom and on the state budget.

Crenshaw tells of a client facing trial on drug charges whom Crenshaw thought had a case for acquittal. But when the prosecutor informed his client that he was facing a much longer sentence because of the PFO statutes, “My client wouldn’t let me take the case to a jury.”

But Bell’s attempt to soften just a bit those laws – not eliminate them – for non-violent drug offenders faces a suddenly uphill climb it appears. The bill’s chances may not have been helped by a jab Gov. Steve Beshear took at lawmakers last week. He said lawmakers looking into the causes of a prison riot – blamed by some on the poor quality of inmate food – were not focusing on the state’s “real problems” but worrying about criminals “who wish they could go to Wendy’s.”

“It seemed to me it had a tone of sort of making light of our concerns,” about the prison riot Bell said Tuesday. He added that in the past he thought Beshear supported efforts to reduce sentences which often seem disproportionate to the crime as a way to reduce prison populations and prison costs. And he conceded Beshear’s remarks might make it harder to pass any legislation to shorten some sentences for non-violent crimes.

Bell said his bill hadn’t yet been filed and that he was to “run it by leadership” before filing it. Later Tuesday, Speaker Greg Stumbo, D-Prestonsburg, sounded as if he’s not keen on the idea anyway.

“I really believe one of the things we need to look at is the GPS thing,” Stumbo said when asked about Bell’s idea. He was speaking of electronic monitoring devices – Stumbo is sponsor of a bill to require some persons charged with domestic violence to wear the global positioning system devices to monitor their movements. But the bill will also allow them to be used for pre-trial release – which would save counties the cost of jailing defendants before trial but not after sentencing.

Stumbo said Tuesday he doesn’t see the PFO laws as a contributing factor to the corrections problem, pointing instead to the “drug epidemic.” But that’s the point made by Lawson, Bell, Crenshaw and others. Minor drug offenders are often threatened with much longer sentences and plead out rather than going to trial. So more people end up behind bars and it costs the state on average $19,000 a year to house them.

But the former attorney general said most people don’t think the cost is too high to house criminals – he says it’s only about 2 cents to 3 cents on every dollar spent by the state.

“Most people in Kentucky will say that’s not too much,” Stumbo said. “I’m not an advocate of reforming the penal code.”

RONNIE ELLIS writes for CNHI News Service and is based in Frankfort. Reach him at rellis@cnhi.com. Follow CNHI News Service stories on Twitter at www.twitter.com/cnhifrankfort.

Text Only
State News
  • Shepherd brings legislature to stop

    FRANKFORT — Franklin Circuit Judge Phillip Shepherd not only put on hold the filing deadline for candidates for state House and Senate districts — he effectively shut down the business of the General Assembly.

    February 3, 2012

  • Jensen still pushing for pseudoephedrine legislation

    FRANKFORT – Debate on legislation to require prescriptions for cold remedies containing pseudoephedrine has been heated and it appears it may heat up some more, given remarks in the Kentucky State Senate on Friday.

    February 3, 2012

  • Special election Feb. 7 for Comer's seat

    The Feb. 7 special election to fill the unexpired term of former Rep. James Comer, who was elected Commissioner of Agriculture in November, will be conducted according to the previous district lines as they existed before the General Assembly

    January 26, 2012

  • Confusion reigns

    Angry lawmakers who saw their legislative districts changed or taken away from them continued to discuss the possibility of legal action while the newly enacted law seems to call into question a special election to fill the unexpired term of new Agriculture

    January 25, 2012

  • VIDEO - Floor speech by Rep. Jill York on House Bill 1-January 12, 2012

    Redistricting is a big issue right now going on in Carter and surrounding counties.

    Jill York, current Representative of the 96th District spoke about the redistricting on Thursday.

    Click the headline for video and audio

     

    January 14, 2012

  • House Plan Re-Districting Changes afoot on congressional map

    FRANKFORT — A new congressional district map approved Thursday by a Democratic-controlled House committee would substantially alter five of the state’s districts and make the First and Fifth Districts more receptive to Democrats.

    January 11, 2012 1 Photo

  • Education coalition speaks its mind in Frankfort

    FRANKFORT — Public perception may be that the state’s elementary and secondary schools haven’t faced real funding cuts in recent years, but a coalition of education groups said Wednesday that is wrong and schools need more money.

    January 5, 2012

  • Gatewood Galbreath Longtime political figure dies

    FRANKFORT — One of Kentucky’s most colorful political figures, Gatewood Galbraith, a perennial candidate for statewide office, has died.
    Galbraith, 64, apparently died in his sleep and his body was discovered by a family member

    January 5, 2012 1 Photo

  • DavidWilliams Williams to remain Senate President

    FRANKFORT  — All the speculation was apparently misplaced. David Williams, the Burkesville Republican who lost the 2011 governor’s race to incumbent Democrat Steve Beshear, will remain president of the Kentucky State Senate at least for another year.

    December 21, 2011 1 Photo

  • Beshear Beshear talks gambling at inaugural festivities

    FRANKFORT Gov. Steve Beshear used his inaugural speech Tuesday to call for “allowing the people of Kentucky to vote on expanded gaming within our borders” and also said it is time for some sort of tax reform.

    December 14, 2011 2 Photos

Community Calendar
Loading…
Events by eviesays.com
AP Video
US, UK Pressure on Syria; More Homs Violence Raw Video: Mass Killer Wants Medal, Freedom Few Answers in Death of Sons of Missing Utah Mom Court Strips Contador of Tour De France Title Runaway Goat Leads Police on Wild Chase And the Winner for Best Super Bowl Ad Is... Raw Video: Deadly Helicopter Crash in Australia Raw Video: Smoke, Purported Gunfire in Syria Romney Latest Poll to Join Let-me-explain Club Blast Kills Husband of Missing Utah Mom, 2 Boys Obama: US, Israel Will Work Against Iran Nukes NJ Museum Finds 19th Century Recording Snow Causes Disruptions in Much of Europe Clinton: Vetoed U.N. Syria Resolution 'travesty' Romney Picks Up Decisive Win in Nevada Caucuses Gingrich Renews Vow to Campaign Until Convention Romney Rolls to Easy Win in Nevada GOP Caucuses Raw Video: Missing Family Found Alive in Ore. Police Clear Tents From Occupy Site in DC Killer of Fla. Girl Found in Landfill Gets Life
Facebook
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Popular Searches
Powered by Local.com