Kentucky DOC resumed releasing prison inmates under controversial parole rules Friday after an appeals judge blocked a lower-court judge’s order to stop the releases.  Report from the Lexington Herald-Leader.

More than 80 inmates scheduled for release Friday spent much of the day wondering whether they would get out. The Department of Corrections began releasing them late in the day after Chief Court of Appeals Judge Sara Combs issued her order.  But Combs said her order would be in effect only until the state Supreme Court decides whether to take the case or issues other orders about it …

At issue are changes put in place last year under which felons began getting additional credit toward completing their sentences.  That has allowed thousands to be released from prison or from parole supervision earlier than under previous rules.  The legislature prompted the changes to try to reduce prison costs.  Since late May 2008, the Department of Corrections has released more than 3,100 parolees from supervision and more than 2,400 inmates from prisons and jails under the rules.

But in an order released Thursday, Circuit Judge David A. Tapp said the state had applied the rules illegally because felons got credit to cut their sentences based on periods they were on parole before the new rules took effect.  Tapp, whose circuit is Pulaski, Lincoln and Rockcastle counties, issued an injunction to block any more releases from prison or parole statewide.  LaDonna Thompson, state corrections commissioner, appealed Tapp’s order Friday, resulting in Combs’ two-page order.

vericatrajkova Early Release, Economic Issues, Kentucky, Probation and Parole

The so-called swine flu outbreak has affected operations at a number of correctional agencies in the United States

• Cook County IL has limited visitors to immediate family members and attorneys.  There are currently no cases of the swine flu at the jail.
• The Louisiana Department of Public Safety and Corrections is canceling offender visitation starting Friday and continuing for up to two weeks, according to a release from the agency. There will be no visitation at any of the state’s 13 correctional facilities.
• Ventura County CA has also canceled visits.  Sheriff Bob Brooks announced Friday that all public visits to inmates are suspended until May 15.
• In Henderson County, KY, the jail is continuing visits but with changes. Colonel Freddie Rowland of the Henderson County Detention Center said, ”We are limiting the contact between the visitor and the inmate. We’re going to allow a quick hug, but we’re not going to allow them to sit as close as they normally do.”

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The Kentucky Parole Board granted parole to significantly more prisoners in the past two months than last year, but officials say it’s not because they are trying to save the cash-strapped state money, according to the Louisville Courier-Journal.

The parole rate climbed to 69 percent in February and 58 percent in March, compared with 48 percent and 52 percent in the same months last year.  The parole rate for all of the last fiscal year was 47 percent.

Parole Board Chairwoman Caroline Mudd cited two factors for the jump: more substance-abuse treatment opportunities for parolees, and a study the board received in January that found the length of inmate sentencing isn’t related to their odds of re-offending. “I will tell you that as Parole Board members we read the papers, we listen to the evening news, we understand that there is a budget crunch going on,” Mudd said. “However, that (revenue shortfall) is not what drives our decisions” …

But some prosecutors and victim advocates aren’t convinced. “Felons are being freed faster, either because of the budget or a new hug-a-thug philosophy in Frankfort,” Kenton County Commonwealth’s Attorney Rob Sanders said. “Either way, public safety suffers” … Of the 814 individuals paroled in February, 8 percent were violent criminals incarcerated for rape, murder and sexual offenses.  And Jo Ann Phillips, executive director of Kentuckians’ Voice for Crime Victims, argues that one paroled violent or sex offender is too many. “They can let out every single check bouncer, joy rider and marijuana possessor that they wanted to,” she said. “It’s the rapists, murderers and pedophiles that should concern all citizens” …

The legislature allocated $4.5 million for substance-abuse treatment programs in prisons and jails this fiscal year, and $5 million next fiscal year, he said. Such programs began in the 2005-06 fiscal year with a $500,000 appropriation.  Mudd noted that the board has begun granting parole to more inmates who agree to remain incarcerated for six to nine months while undergoing substance-abuse treatment. “I think if we can give them the tools, then perhaps they are less likely to re-offend as a result,” she said.

vericatrajkova Drug Treatment & Diversion, Kentucky, Probation and Parole

A proposed law that would allow Kentucky addicts to avoid lengthy sentences by successfully completing drug treatment passed the House Judiciary Committee this week.  On February 5 the bill was passed unanimously by a Senate vote of 35-0.  Report from Examiner.com.

Senate Bill 4 … would require that local jails screen felony drug offenders when they are booked to determine what treatment, if any, is needed. Outpatient treatment for offenders could by ordered by the judge at their preliminary hearing, or more serious addicts or drug offenders could voluntarily enter a secure inpatient treatment facility operated by the Department of Corrections for 90 days to 6 months.  After 18 months to 2 years in another supervised setting like a halfway house or home incarceration, Senate Majority Floor Leader Dan Kelly said those who are treated in the minimum security facility could have their charges diverted or dismissed if treatment is successful.   “So this legislation requires that (drug offenders) get onto some sort of treatment track and demonstrate to the court that they are making some sort of success at treatment…before we start them down that diversion track so their chances of staying out of prison will be enhanced,” he added.

Incarceration of drug offenders accounts for about 80 percent of Kentucky’s prison population, Kelly said. He said the state now houses around 22,000 prisoners at a cost of approximately a half billion dollars per year.  Supporters of the proposal argue that it would potentially save the state millions of dollars. According to the Kentucky Department of Corrections, the estimated cost to operate a facility as described in this bill is based on current costs for substance abuse treatment. At an average daily rate of $31.94, the estimated annual cost to treat 200 individuals per this bill would be $2,331,255. By comparison, the average per diem cost for incarceration is $52.14 or $19,030.70 annually. Total annual cost to incarcerate 200 individuals is approximately $3,806,040; a difference of $1,474,885.

vericatrajkova Drug Treatment & Diversion, Economic Issues, Kentucky

County jails in Kentucky will get a break on medical costs for prisoners under a compromise bill which passed the state Senate Thursday.

Senate Bill 73 … originally would have required medical providers to serve all county jail inmates at the Medicaid rate. But the Kentucky Hospital Association complained it would cost hospitals “too much to treat patients at that rate.”  The bill was amended to require medical providers to provide service for county prisoners at the Medicaid rate but allow them to continue to charge an 18 percent premium for state prisoners housed in county jails …  “We didn’t lose any money, but the counties will benefit from the bill,” said Jennifer Brislin, spokeswoman for the Justice Cabinet. She said the state is already paying the premium on top of Medicaid rates.

Vince Lang, executive director of the Kentucky County Judges/Executives Association, said the bill might have been lost altogether without the compromise which KCJEA helped negotiate.    “We worked out the compromise, because it might have not passed at all without it,” Lang said. “It will save (counties) a couple of million dollars. It’s a step forward for us.”

There is more detail in the article at the News & Tribune.

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Having spent much of the first half of the session filling a big budget hole, legislators in Kentucky are now scrambling to push through a series of measures aimed at reducing prison costs.

With just 12 legislative days to go, at least six such bills approach skyrocketing costs from a variety of angles — including expanded drug treatment, more credits for education and good behavior and raising the threshold for certain theft offenses.   “There are a number of things coming together which are going to be foundations,” Justice Cabinet Secretary J. Michael Brown said. Officials are hurriedly working to draft two additional proposals that would expand eligibility for parole for sick and disabled inmates and allow pre-sentence investigations to be waived if all sides agree, Brown said …

Kentucky is expected to spend about $450 million to house prisoners this year, compared with $7 million in 1973. Even adjusting for inflation, the state spends about 14 times more to house inmates now than it did then.   The state’s prison population — about 22,000 — is the fastest-growing in the nation and could reach 31,000 within 10 years, according to a recent report by the Pew Center on the States …

One of the measures … could save the state and counties an estimated $4.9 million a year by slashing the rate they pay for inmate medical care.   SB 73, sponsored by Sen. Robert Stivers,  … would cut the rate states and counties pay for most inmate medical care by about 18 to 20 percent.  “Savings would be substantial for the state, (and) we are in some tough times,” he said last week. Hospitals oppose the measure, saying they already struggle to cover the costs of treating the poor.

A bill that passed a House committee last week would make permanent a controversial program that gives prisoners credit for time spent on parole before being returned to prison for technical violations.  House Bill 372, sponsored by Tilley, would exclude all prisoners convicted of violent or sexual offenses from being eligible for the parole supervision credit. In the previous session, the legislature included the parole supervision credit in its budget as part of a plan to trim $30 million from the corrections budget. A Legislative Research Commission report says that the credit has saved the state nearly $13 million this fiscal year and could save another $1.1 million through the remainder of the year. More than 2,000 inmates have been released since May …

Another corrections measure, HB 369, sponsored by Tilley, would increase the threshold for felony theft to $500, from $300, thereby decreasing penalties for low-level theft and decreasing prison costs.Currently, a person can be sentenced to one to five years in prison — at an average annual cost to the state of $19,031 — for stealing an item valued at $300.

There is even more detail in the article at the Louisville Courier-Journal.

vericatrajkova Early Release, Economic Issues, Inmate Health, Kentucky, Pre-Trial, Probation and Parole, Sentencing

In a town where Cincinnati Bengals fans are plentiful, jail officials in one northern Kentucky county think orange jumpsuits may not be the best for making inmates stand out in a crowd, reports 14WFIE.

That’s why this year, prisoners will be wearing pink, hot pink. Kenton County Chief Deputy Jailer Col. Scott Colvin says he was looking out his office window toward Paul Brown Stadium and noticed all the Bengals fans dressed in orange. He told The Kentucky Enquirer that if an inmate escaped, he might easily blend in with the crowd.  Jailer Terry Carl approved the switch. The jail buys new jumpsuits every year anyway, and the cost is the same, no matter the color.  The jail replaced the orange jumpsuits on Friday.

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Supporters hope a bill allowing some drug offenders in Kentucky to seek treatment rather than face prison time will finally become law this year.

For four years, Sens. Dan Kelly, R-Springfield, and Ed Worley, D-Richmond, have introduced a bill designed to reduce Kentucky’s exploding prison population by creating an intensive substance abuse program for non-violent drug-addicted felons. The program would allow at least 200 offenders to avoid a conviction by participating in a treatment program that would last 90 days to a year. In previous sessions the bill has been unanimously passed by the … Senate, only to die in the House …

The current fiscal crisis surely helps the bill’s odds of passage, as it is expected to save the Department of Corrections $1.47 million a year. Kelly, the lead sponsor, said legislators already agree the state’s approach to handling drug abusers isn’t working. “There are very few families in Kentucky who don’t know somebody who has been caught up in the scourge of drug addiction,” Kelly said. “There is broad support for dealing with this population in a different way. I think it is going to happen this time. And it will also have the potential of saving a lot of money” …

The bill has been endorsed by the Kentucky Commonwealth’s Attorney’s Association, the former chief public defender and Justice and Public Safety Cabinet Secretary J. Michael Brown, Kelly said. Gov. Steve Beshear also supported it last year. Chris Cohron, president of the Commonwealth’s Attorney’s Association, thinks the bill can cut the number of repeat offenders. Studies have shown that long-term treatment programs are more successful than short-term programs, he said.  “It is a great first step,” said Cohron, the Warren County commonwealth’s attorney. “In the budget scenario we are in, we have to start prosecuting these cases in a better fashion.”

The bill is designed to address felony offenders who, due to the seriousness of their crime, aren’t eligible for residential or outpatient treatment. It would seek to place them in secure settings.  The bill would also require drug offenders to be screened after their arrest. Judges could enroll them in a substance abuse program as a condition of pretrial release …

According to an impact statement prepared by the Department of Corrections, it would cost $31.94 a day for substance abuse treatment for one inmate, adding up to $2.3 million a year for 200 people. Imprisoning drug offenders costs $52.17 a day per inmate, $3.8 million a year for 200, according to the impact statement.

vericatrajkova Drug Treatment & Diversion, Kentucky

A ban on releasing prison inmates under a controversial parole-credit program was proper, the Kentucky Court of Appeals ruled Monday.

So far, the ban has applied only in a three-county area of southern Kentucky, but a prosecutor said he will ask a judge to strike down use of the law statewide. The case involves changes that give felons additional credit toward completing their sentences. That means they are released from prison or from parole supervision earlier than under prior rules.  The goal of the changes was to save money by reducing the state’s prison population. Since last May, the state Department of Corrections has released more than 3,000 people from prison or parole under the new program.

Commonwealth’s Attorney Eddy Montgomery, the prosecutor for Pulaski, Lincoln and Rockcastle counties, challenged the changes last year. Montgomery argued the rules are unconstitutional and illegal, in part because felons get credit for time spent previously on parole to win release from prison on their current sentences. Last September, Circuit Judge David A. Tapp issued a temporary injunction barring the state from using the new rules to release anyone sentenced from the three-county circuit.   The Department of Corrections appealed. That resulted in the Court of Appeals ruling filed Monday in Pulaski Circuit Court.

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As legislators scramble to plug a $456 million hole in this year’s state budget, Senate Republicans in Kentucky are pushing a bill that would cost the Department of Corrections an additional $8.7 million through the next fiscal year.

Senate Bill 11, sponsored by Sen. Jack Westwood, R-Crescent Springs, would end the controversial early-release program that has let nearly 2,000 inmates out of prison early since May. But it also would cost the Justice Cabinet $8.7 million through the end of the 2009-10 fiscal year — at a time when it is trying to cut nearly $6 million from its budget to help fill the state’s budget gap, cabinet spokeswoman Jennifer Brislin said. Westwood … said he was “pretty sure” the bill wouldn’t affect the state budget. But he added that he wasn’t completely sure because “it’s been a while since I’ve even looked at it.”

Last year the legislature included in the state budget the controversial parole-supervision credit, which gives inmates credit against their sentences for the time they were out on parole before being sent back to prison for parole violations. It also gives credit against the sentences of parolees who are under supervision. As of last week, 1,972 inmates had been released under the credit. More than 2,600 parolees have been discharged from supervision … After having released nearly 2,000 inmates since May, the cabinet estimates that it will release only 939 more inmates the rest of this year and next fiscal year.

House Speaker Greg Stumbo, D-Prestonsburg, said in a statement that “we would probably be more receptive to Sen. Westwood’s proposal if he gave us an idea of how we could make up the savings to the corrections budget.”

vericatrajkova Early Release, Economic Issues, Kentucky