SB120

After seven months of work by Governor Matt Bevin's Criminal Justice Policy Assessment Council, or "CJPAC," SB120 was filed to make changes to the criminal justice system to achieve two goals:

• Improve Public Safety
• Enhance the Administration of Criminal Justice

Below I've included the committee substitute ("SB 120 PSS1" – SB 120 Proposed Senate Substitute 1) which will be considered in committee tomorrow.  The substitute makes additional edits to the bill as it was filed, requested by various stakeholder groups.  I've also included a section-by-section summary of the contents of the committee substitute, and a brief one-page summary of the major policy highlights of the bill.

Criminal Justice Policy Assessment Council

Yesterday, June 21, 2016, the Governor announced the formation of a group dedicated to studying Kentucky's criminal code and recommending legislation for the 2017 General Assembly to consider passing.  Yours truly, as Chair of the Senate Judiciary Committee, holds a seat in this august group.  Ultimately, we should aim to improve public safety, and improve outcomes for victims, for those accused and for the taxpayers footing the bill.   I'm excited about the work ahead!

Below I've included the Governor's press release in its entirety.  At the bottom you can see the "CJPAC" membership.

Gov. Bevin Announces Kentucky-led Council on Criminal Justice Reform

Bipartisan council will undertake a comprehensive review of justice policy for reforms next year

FRANKFORT, Ky. (June 21, 2016) –– With prisons at capacity, overdose deaths on the rise, and families fractured by incarceration, Gov. Matt Bevin today announced plans to seek a smarter, compassionate, evidence-based approach to criminal justice in Kentucky.

“Kentucky has achieved very important milestones in justice and public safety policy in dating violence protections, national model juvenile justice reform and annual efforts to combat the ever changing threat of substance abuse.”

— Sen. Whitney Westerfield

Standing in the Capitol Rotunda with a broad coalition of lawmakers, advocates and policy leaders, Gov. Bevin introduced his newly-formed Criminal Justice Policy Assessment Council. The 23-member panel will seek expert advice & study data-driven evidence over the next six months and recommend reforms in the 2017 General Assembly for a smarter, stronger and fairer system of justice.

“From the very beginning, America has been a land of second chances. Even so, many in our criminal justice system are not given a path forward to become productive members of society after they have served their time,” said Gov. Bevin. “I believe in the importance of supporting basic human dignity. When we hold individuals fully accountable for their actions while treating them with respect in the process, all of society benefits. I am excited today to announce the formation of the Criminal Justice Policy Assessment Council. Their purpose is to carefully study and then suggest actionable policy solutions for improving our criminal justice system.”

Justice and Public Safety Secretary John Tilley will lead the council, and Lt. Gov. Jenean Hampton will serve as Special Advisor to the committee and Liaison to the Governor.

"While we have made great strides, Kentucky can get smarter on crime while remaining tough on criminals,” Secretary Tilley said. "By using data-driven policy and clear evidence, we can cut re-offense rates, improve reentry, increase drug treatment and treat mental illness – all while maintaining, and even bettering public safety.”

Gov. Bevin formed the bipartisan council in response to a growing patchwork of statutes that now comprise much of the state’s penal code. This has resulted in a costly expansion of Kentucky’s criminal justice system with diminishing returns in public safety. 

“However, Kentucky’s criminal code has remained largely untouched for decades, and is sorely in need of updates reflecting public policies that spend scarce taxpayer dollars wisely and improve public safety.”

— Sen. Whitney Westerfield

The Kentucky legislature has enacted important reforms in recent years, including laws that increased substance abuse treatment in prisons, strengthened pretrial release policies, and modified sentences for certain drug offences. 

“Over each of the last few years Kentucky has achieved very important milestones in justice and public safety policy in dating violence protections, national model juvenile justice reform and annual efforts to combat the ever changing threat of substance abuse,” said Sen. Whitney Westerfield, Chairman of the Senate Judiciary Committee. “However, Kentucky’s criminal code has remained largely untouched for decades, and is sorely in need of updates reflecting public policies that spend scarce taxpayer dollars wisely and improve public safety.” 

The need to address the cost of criminal justice is clear. Kentucky spent nearly half a billion dollars on corrections last year, consuming funds incarcerating individuals for non-violent crimes that could otherwise benefit classrooms and job training programs. Meanwhile, inmate populations at prisons and jails remain high, criminal sentences are often inconsistent and Kentucky is leading the nation in the number of children with an incarcerated parent.

“I am hopeful that we will treat this initiative for criminal justice reform as an opportunity to build upon the redemptive philosophy that we achieved with the passage of the felony expungement legislation that Rep. Darryl Owens sponsored for many years,” said Rep. Chris Harris, of Forest Hills. “We cannot continue to try to incarcerate our way out of the problems facing our society, many of which are rooted in addiction to controlled substances and mental health issues. Addressing these pervasive issues is the key to solving the problem of the revolving door of incarceration and allowing these folks to reenter society successfully and become contributing members of their communities.” 

Gov. Bevin said the bipartisan, Kentucky-led council will bring together people from across the Commonwealth – with a wide range of expertise – to look at the many complex issues that present challenges to the criminal justice system. 

“I am encouraged by the diverse community of stakeholders that criminal justice reform has brought to the table,” Labor Cabinet Secretary Derrick Ramsey said. “As both an African-American and the Secretary of the Labor Cabinet, it is deeply personal to me that I help find ways to reduce recidivism and provide workforce re-entry opportunities for the thousands of Kentuckians who deserve a second chance.  While there are no quick fixes to complex problems like this one, I am looking forward to collaborating with my colleagues on this council to identify real solutions needed to address this critically important issue.”

For Russell Coleman, the issues hit home when he confronted them head on as an FBI special agent.

“As someone who has been privileged to serve in our law enforcement community, I was a natural skeptic of reform,” said Coleman, a western Kentucky native, who now practices law at Frost Brown Todd in Louisville. “But when the data and experience of conservative governors in other states indicate that well-crafted reforms actually make our families safer, we can’t afford not to work together in achieving those successes in our commonwealth.”

Members of the Council include:

• Chairman John Tilley, Secretary of the Justice and Public Safety Cabinet
• Sen. Whitney Westerfield, R-Hopkinsville, Chairman of the Senate Judiciary Committee
• Rep. Darryl Owens, D-Louisville, Chairman of the House Judiciary Committee
• Derrick Ramsey, Secretary of the Labor Cabinet
• Sen. John Schickel, R-Union
• Sen. Morgan McGarvey, D-Louisville
• Rep. Denny Butler, R-Louisville
• Rep. Chris Harris, D-Forest Hills
• Dr. Allen Brenzel, Department of Behavioral Health, Cabinet for Health and Family Services
• Judge David A. Tapp, 28th Judicial Circuit Court, Division 1
• Judge-Executive Tommy Turner, LaRue County
• Amy Milliken, Warren County Attorney
• Courtney Baxter, Commonwealth’s Attorney for Oldham, Henry, Trimble counties
• Rick Sanders, Kentucky State Police Commissioner
• Damon Preston, Deputy Public Advocate, Department of Public Advocacy
• Russell Coleman, Spokesman for Kentucky Smart on Crime
• Tom Jensen, Attorney, retired Judge and former Chairman of the Senate Judiciary Committee
• Anthony Smith, Executive Director of Cities United
• Jason Woosley, Grayson County Jailer
• Bob Russell, Retired Senior Minister of Southeast Christian Church
• Bishop William Medley, Diocese of Owensboro
• Dave Adkisson, President and CEO of the Kentucky Chamber of Commerce
• Justice Daniel J. Venters, Supreme Court of Kentucky, 3rd District

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Hard Fought Victory

Senate Bill 200, overhauling Kentucky's juvenile code to achieve better outcomes for kids and save taxpayer money in the process has seen final passage in the Senate. Following original Senate passage at 32-6 and House passage of 84-15, the Senate concurred with minor changes made in the House Judiciary Committee and voted a final time 30-8, sending the bill to the Governor's desk. 

Big, comprehensive reforms take a Herculean effort. I didn't have a full grasp of that truth until today. Under the best of circumstances it still takes time to get input from all stakeholders, shape the policy draft, vet the policy through stakeholders again (rinse and repeat) until you finally have a bill to file.  After the bill is filed the other legislators have to be brought up to speed on the topic enough to make an informed decision to support it with their vote.  These two steps alone make up the bulk of legislative effort.

Senate Bill 200 was not an example of "the best of circumstances."  Indeed, because the bill touches all three branches of government, two Executive Cabinets and multiple departments within them, and was the largest overhaul in three decades.  We were bound to run into reluctance to change, and we did.  Having said that, there is an important thread that you can find throughout the fabric of SB200: the will to change.  Still more important is the motivation for that will, the best interest of Kentucky's children.   We (myself included) had to dig down, to tap wells of patience, calm, energy and concentration.

The official jacket of SB200 moments after enrollment in the Senate, bearing the signature of Senate President Stivers before heading to the Speaker, then the Governor.

I may eventually provide a more detailed story of just what exactly we had to go through, including absurd email blasts accusing the bill, and me as it's sponsor, of being a "Trojan horse" for the United Nations (I'm still stunned by absurdity of that one).

I will simply and proudly report that the bill has seen final passage, and as of this writing, already sits on the Governor's desk awaiting his signature.

Coffee

Come out for Coffee with the Senator! I've got my colleagues in the House that represent a part of Christian County, Reps. Lynn Bechler (4th), John Tilley (8th) and Myron Dossett (9th), joining me for a legislative coffee!

Where: Starbucks in Hopkinsville, 110 Clinic Drive

Who's Coming: YOU!

When: Saturday, August 31st, 2013 at 8:00am

Hear from us and let us hear from You!