Criminal justice reform cannot wait

Published 9:00 am Friday, March 9, 2018

While state legislators work diligently to find a solution for the state’s woefully underfunded pension system, there’s another financial burden looming large on the horizon.

Without action by the General Assembly, the commonwealth’s prison population could grow 19 percent in the next decade, requiring 4,400 additional beds and $600 million. In an effort to prevent crises similar to the ongoing pension dispute, the legislature would be wise to seriously consider House Bill 396, which has bipartisan support.

At its core, the bill aims to address a preventable problem in Kentucky.

Between 2012 and 2016, admissions to Kentucky prisons grew 32 percent, and the increase isn’t because of an uptick in arrests for violent crimes. Instead, the number of people incarcerated for drug possession doubled, admissions for low-level, Class D felony offenses increased 38 percent and parole revocations jumped 50 percent. Those numbers come from an analysis by the Justice Reinvestment Work Group, established by state officials last year.

There are other discouraging developments, too. Sixty-five percent of new prison inmates in 2016 were sentenced for drug and property offenses, and about half of those offenders had no prior felonies.

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Unless Kentucky prefers its able-bodied adults in prison instead of contributing to society, legislators should ensure criminal justice reform occurs before adjourning the 2018 session.

While prison populations across the country have stabilized or declined, Kentucky’s has risen. In 2015, the commonwealth had the 10th-highest imprisonment rate in the United States and the fifth-highest rate for women.

A delay by the legislature to act means Kentucky’s correctional facilities will continue to fill and, despite a promise by Gov. Matt Bevin to not spend “any more money building prisons to warehouse people,” a continuation of the commonwealth’s trend may necessitate just that.

However, if enacted, HB 396 would result in a number of commonsense changes, including restricting the use of incarceration for technical violations and reclassifying first and second drug possession convictions to a misdemeanor.

No person should be deemed a criminal because he’s poor, and HB 396 would allow judges to enact alternatives to incarceration for nonpayment of fees.

To be clear, local jails would be affected significantly by the proposed legislation, and it’s not yet clear to what extent local finances would be affected. However, it’s estimated that HB 396, if enacted, would reduce the prison population growth by 78 percent and save $335 million for taxpayers, too.

Though the legislature is focusing much of its time and attention on the state’s pension crisis, it must divert a portion of its time to discussion of HB 396, which would prevent another fiscal crisis that Kentucky cannot afford.

Sure, the costs of procrastinating on criminal justice reform pales in comparison to the tens of billions of dollars the commonwealth needs to pay pension benefits over the next few decades, but addressing the problem before we reach another fiscal cliff should be a cause both sides of the political aisle can support.