Kentucky has become the latest state to enact sentencing reforms in a bid to rein in skyrocketing corrections costs. Gov. Steve Beshear (D) last Thursday signed into law HB 463, a comprehensive corrections bill that will save the state millions of dollars a year, in part by sentencing drug possession offenders to probation instead of prison.
Kentucky Gov. Steve Beshear (Image courtesy Gage Bradshaw)
"This overhaul of Kentucky's penal code is the result of a multi-year effort involving members of the executive, legislative and judicial branches," said Gov. Beshear. "Over the last three years, we've made headway with aggressive efforts to bring common sense to Kentucky's penal code, and our prison population has dropped each of the past three years. House Bill 463 helps us be tough on crime, while being smart on crime."
The new law calls for sentences of "presumptive probation" for small-time drug possession offenders, meaning they will get probation unless judges can offer a compelling reason why they should go to prison. It also calls for drug treatment to be made available for drug offenders. It reduces penalties for small-time drug dealing while increasing penalties for large-scale trafficking. And it shrinks "drug-free" zones from 1,000 yards to 1,000 feet.
The law also reduces sentences for small-time drug dealing. Sales of less than four grams of cocaine, two grams of heroin or methamphetamine, or 10 dosage units of other controlled substances will be reduced from a Class C felony to a Class D felony.
"Today, if you sell half a gram of rock cocaine, that's a Class C felony," said Van Ingram, director of the Kentucky Office of Drug Control Policy. "When the new law goes into effect in 90 days, you will have to sell more than four grams to get Class C. That means instead of a five-to-ten-year sentence, you'll be looking at one-to-five," he told the Chronicle.
The new law lowers possession of less than an ounce of marijuana from a Class A misdemeanor worth up to a year in jail to a Class B misdemeanor with a maximum sentence of 45 days in jail, if any jail sentence is imposed.
It also requires reforms of the probation and parole system. It will create "graduated sanctions" for parole violators, allowing authorities to impose short jail stays instead of sending them back to prison for technical violations. And it removes drug offenses from consideration when judges impose sentencing enhancements based on previous felony convictions.
Roderer Correctional Complex
"Of all the problems I inherited, this is one of the most complex," Gov. Beshear said. "In early 2008, I directed Justice & Public Safety Secretary J. Michael Brown to convene the Criminal Justice Council and report back on recommendations for curbing the rising prison population. That report, and the work of subsequent work groups, provided the groundwork for much of these reforms."
"This bill takes major steps to both decrease recidivism while addressing the unique problems Kentucky faces with substance abuse in ways that absolutely enhance public safety," said Brown.
"House Bill 463 is landmark legislation not only for the positive changes it proposes for our penal code, but also for the manner in which it became law," said Speaker Greg Stumbo. "Anytime you can bring together as many diverse groups as this bill did, and have them agree, you're on to something special. Rep. John Tilley and Sen. Tom Jensen did a tremendous job in getting this bill to the finish line."
"It is the most significant and meaningful piece of legislation that I have had the privilege to work on since being elected to the state legislature," said Sen. Tom Jenson, chairman of the Senate Judiciary Committee. "I am pleased that the Task Force on the Penal Code and Controlled Substances is going to continue studying these issues. We have gotten off to a great start and we need to continue working to make things better where we can."
"I'm pleased we're making progress in tackling the problems facing our penal code," Chief Justice of Kentucky John D. Minton Jr. said. "With all three branches involved in this deliberative process, I'm confident that the outcome will be positive for Kentucky."
"Senator Jensen, Representative Tilley, Senate President Williams and House Speaker Stumbo worked across party lines to look at the data and forge a comprehensive package of reforms that will get Kentucky taxpayers a better public safety return on their corrections dollars," said Richard Jerome, project manager of the Pew Center on the States Public Safety Performance Project. "The legislation employs research-based strategies to reduce recidivism, hold offenders accountable and maximize the state's limited financial resources."
Sentencing reforms are becoming increasingly popular as cash-strapped states face ever increasing budget pressures. South Carolina, Colorado, New York, and Texas are among states that have reformed sentencing and other corrections practices to lower imprisonment rates and save money. Similar efforts are pending in Delaware, Florida, Indiana, Massachusetts, Ohio, and Pennsylvania.
Sentencing reforms don't end drug prohibition, but they do somewhat reduce its inhumanity and its costs to society, as well as to the people busted for drug offenses. That's a start.
I look at it this way. Your
I look at it this way. Your on a big paddle boat and the finish line is the ending of drug prohibition. At first the boat moves slow since hardly anyone is paddling and then with decriminalized and this drug sentence reform more and more people are getting on the boat to paddle it and once the boat is filled with more and more decriminalized states then we will finally cross the finish line. So with this reform the boat has now gotten a little faster and a step towards ending drug prohibition. I thought it was a different way to look at it that was kind of cool.
ADDICTS Getting LOCKED UP
We all know that Treatment is needed for these people instead of JAILTIME anyways? If they would have done this long ago there wouldn't be so many ADDICT's now? They should have took care of the problems when they occurred BETTER LATE THAN NEVER? Hope more States in the USA follow suit, cause ADDICTS who are locked up just go back to using when they are released. They need is TREATMENT & AfterCARE, & counseling. JOB TRAINING & housing might be a good place to start.
I have read this bill
I have read this bill completely and have seen it reported on a couple of different ways. With regard to the new regs surrounding marijuana, there is no stipulation on the amount of marijuana, so my reading shows that possession regardless of amount is a Class B Misdemeanor. Also, there is no penalty for trafficking in marijuana anymore either. I have consulted a couple of attorneys who are reading it this way as well.
The law really seems to only
The law really seems to only affect whether a TICS charge or not (in the scheme of what is happening in KY courts right now). I work in the field, and I have NEVER seen anyone sentenced to prison for first time (or even second felony offense ) possession of any drug. If someone is in prison for felony possession, there is more to it than the possession, if they were revoked, it is because they have failed to attend treatment, continue to commit other offenses, failed to report to probation, etc. As far as possession of THC, never seen anyone sentenced to prison on that either, hell, they don't even arrest on simple THC possession in most cities. Even most first time trafficking charges get a shot at probation.
For those that think making all of these drugs legal will fix everything, you are not in the field to see the destruction alcohol, illegal drugs and RX do to a family, a child, a community and how many of these drug and alcohol addicts are using they system and are on welfare and then commit welfare fraud.
Those on probation are given the opportunity for treatment (inpatient and outpatient), many are still in denial and continue to commit crimes (not just drug crimes). Dept of Corrections/Judges cannot force someone to complete treatment, but if they continue to use, commit crimes, and refuse treatment etc, we can at least lock them up to stop hurting themselves and others.
thc
there is at least much drug in prison as there is outside. Your argument is not founded on facts. Most court order rehab is marijuana. Which there is no serious withdrawl symptons.
Ky drug laws need reformed
drug war
seriously.....!!!! You have never seen ANYONE sentenced to prison for possession? Look up covington and see all the prison sentences these people have handed out. What GD world are you living in?
someone who has read this....
"And it removes drug offenses from consideration when judges impose sentencing enhancements based on previous felony convictions."
Can someone who has read this tell me where in the bill it says this??
Does it mean that PFO laws would not kick in for someone convicted of drug offenses?
My husband is incarcerated for Trafficking and is being hit with PFO 1st degree bc he has had two previous felonies that were not at all drug-related. This is his first drug offense ever.
http://www.lrc.ky.gov/record/
http://www.lrc.ky.gov/record/11RS/HB463.htm
http://www.lrc.ky.gov/record/
http://www.lrc.ky.gov/record/11RS/HB463.htm
Marijuana Laws in kentucky
I must simply state that of all the substances declared illegal by state and federal law marijuana is truly the only one purely botanical, naturally occuring, nonharmful, substance of all governed. I continue to be astounded by the resistance towards a plant that reguardless of interference from humans or not would grow naturally across the world. It has been proven 100's of times over that the derivative of the plant it self contains absolutely no cancer causing carcinogens, none what so ever..In fact if one where to contract cancer likely from one of the many products our government backs such as (Alcohol & Tobacco) then marijuana has proven itself to be a most powerful tool in the treatment of such afflictions. Our country is based on freedom but is a far cry from that when a Honest Tax Paying citizen Is persecuted for using a naturally occuring plant in the privacy of his/her own home peacefully as a much milder substitue for the current legally acceptable alternative (Alcohol) which is completely intoxicating, and contribributes to an unspeakable amount of deaths throughout it's origins of use including severe directly related diseases, Birth defects, homicides, car wrecks, poisening, and countless violent atrocities which have been committed under it's influence. There Is not a single incident in the history of life on this planet where marijuana has directly caused a death via disease, overdose, intoxication related violence, or any similar side effect which you can see in present day america being Abundantly produced in our "socially acceptable"( Alcohol & Tobacco). I can not see any logic behind the prohibition of marijuana. I can only find Good use for this plant It has so many uses which could be utilized by our country such as a fiber exibiting one of the strongest naturally occuring substances known to be extract from a plant. Fuel, Food, Medicine, Pain Relief, Appatite seducer, clothes, soap, paper, and The worlds strongest rope made of natural materials. It mainly reduces anxiety and stress without causing a complete impairment and loss in judgement, such as alchohol or prescription drugs would deliver. One acre of cannabis produces as much oxygen and paper as 10 acres of trees, and the cannabis seed boasts one of the worlds most healthiest fatty acids which would be beneficial to livestock feed. I just want to here one Good reason other than the force fed propaganda we have endured why marijuana is unacceptable in our modern society.
My son
my son
I made an error in my comment to Steve Beshear about my son being charged with having ammonia nitrate. Correction it was Anhydrous Ammonia, which was not in his possession. I can only hope that this is corrected as he goes to Grand Jury.
I want to repeat my concern on how there are many different ways of making meth. Sudafed is the biggest problem, and yes possibly Anhydrous Ammonia, which is a dangerous product, but if we begin by taking sudafed off the otc purchase and make it rx only, this will decrease meth manufacturing. Sudafed is not a necessity to have for allergies or colds. Completely banishing it from being made could stop a lot of the manufacturing meth.
Thank you, Jonnetta
My son also is most likely
My son also is most likely going to be sent to prison. The new law has not changed anything about meth labs no matter how small. I have also done a crash course in meth. My husband and I do not even use tobacco. What I have found out tells me that my son is addicted (it only takes 1 or 2 hits and what it does to your brain........). What I can not wrap my head around is: They have lessened the penalty for distribution which hurts someone else but if you are really hooked on the stuff your going to get it some way and if you can not afford it you will make some out of desperation. Someone who is hooked to that point needs inpatient rehab not prison where they come out worse than they went in. I typed in how to make meth and there are even vidio instructions--many of them. How is that allowed?? It's likean open invitation to try it!! I'm in my 60s and I'm facing the real possability I may not live to hug my child again. Maybe someday they will finish what they started with hb463 but it will be too late for my family.
Help me save my son
I too have a son sitting in jail on possession of meth. I just recently found out that he has been a user and a full fledged addict for 7 yrs. He has done a very good job of hiding it from the rest of the family. He is now a junky. I found needles while cleaning out his vehicle after his arrest. I have arranged for long term (9 mos-1 yr) in patient rehab followed with short term live-in/halfway house continued rehab. The Court continues to ignore my pleas to send him immediately to these facilities. The county attorney wants to prosecute him a persistent felony offender which carries 5 to 10 yrs in lockup. His first felony was robbery of a drug dealer. ha go figure. He spent 4.5 yrs in prison for that with no incidents during parole. How do I get the court and County Attorney to make the RIGHT decision and get him the help he needs.
Please help.....and by the way, stay away from Hardin County, Ky if you want intelligent decisions made concerning yourself or your children. The court system here is a revolving door system. The Commonwealth Attorney's office is unapproachable. It's about money not the welfare of its people..
Advice needed....
heroin
just a question wanting to be answered...
I have a friend who was on probation and was given the rocket docket where for one year couldn't get into trouble and his case would be cleared but he now has a 1st offense do to low pill count for his meds. I hadn't realized to turn in the person who stolen the pills from him till after he was arrested so i doubt it would even help now, but he had court but his lawyer couldn't make his court date so the judge said if you can get you lawyer to make another date sooner we will have it then and the lawyer told us that he thinks it would be a good idea to stay in jail for the time being till the date the judge gave him, the lawyer said the P.O. is wanting him to serve his full sentence, when he was arrested there was no bond. but i would like to know what they may do now on his next court date. is there anyone that can please tell me anything?
thank you,
angela
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