Penal reform in Kentucky has levied an unexpected cost. As predicted, the state is saving money by moving more non-violent offenders out of state prisons. However, many of those costs may be paid by local governments. House Bill 463, approved by the legislature this year, seeks to drastically cut state costs. It does so by reducing the number of people housed in state prison by diverting many into drug treatment. Fayette Commonwealth’s Attorney Ray Larson, who opposed the legislation, believes state lawmakers didn’t fully consider the consequences of the law."They have thrown crime victims under the bus…they are just releasing people just to avoid paying the cost of incarceration,” said Larson.
Larson says the required drug treatment carry costs that indigent offenders can’t afford….cost local governments might have to pay.
The prosecutor worries thousands of non-violent offenders will be released statewide the first of the year. Fayette County’s Corrections Director Ray Sabbatine says it amounts to a shifting of costs and responsibility to the local level. Sabbatini worries they might need to expand the services provided by county jails.
“What’s gonna happen if we put three or four more hundred state prisoners that are gonna shift back into the county system and start committing crimes and be on probation and then doing time..we’re gonna have to look at the possibility of a third circle out there,” said Sabbatine.
In response to such concerns, Lexington’s mayor has created a task force which will examine the problem and suggest solutions. Both Sabbatine and Larson are on the new task force, as is District Judge Megan Thornton.
Other people worry the release of drug offenders will create a safety risk for Kentuckians. In her experience, Thornton says most drug offenders, when in treatment, obey the law.
“And very few of the drug court participants that I’m aware of have had any follow up violent offenses so to create public safety issues,” added Thornton.
These additional costs could pose an even bigger problem in rural Kentucky, where, Thornton says, the required funds may be even harder to find.
