Call to Order and Roll Call
The 4th meeting of the Interim Joint Committee on Judiciary was held on Friday, September 25, 2015, at 10:00 AM, at the Audubon Youth Development Center in Louisville, Kentucky. Senator Whitney Westerfield, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Whitney Westerfield, Co-Chair; Representative John Tilley, Co-Chair; Senators Danny Carroll, Perry B. Clark, Wil Schroder, Dan "Malano" Seum, and Robin L. Webb; Representatives Denver Butler, Chris Harris, Joni L. Jenkins, Mary Lou Marzian, Reginald Meeks, Suzanne Miles, Ryan Quarles, Tom Riner, and Brent Yonts.
Guests: John Ellington, Kristie Stutler, Rob Sanders, Chris Cohron, Mike Foster, Bill Patrick, Senator Julie Raque-Adams, Representative Kim King, and Mike Cox.
LRC Staff: Jon Grate, Matt Trebelhorn, Dallas Hurley, Alice Lyon, Chandani Jones, Elishea Schweickart, and Beth Taylor.
Prosecutorial Issues and Concerns
After an introduction, Rob Sanders, President of the Kentucky Commonwealth Attorney Association, Commonwealth Attorney Chris Cohron, KY Commonwealth Attorneys Association Executive Director Bill Patrick, and Christian County Attorney Mike Foster testified.
Mr. Sanders discussed the budget. He stated that due to budget cuts prosecutors have had trouble recruiting and retaining new prosecutors throughout the Commonwealth. Because of the high turnover rate, costs to the entire court system have increased. Mr. Cohron then discussed several items that they hoped to see acted upon during the 2016 legislative session, including:
· A statutory amendment to existing law addressing ongoing course of criminal conduct in regards to abuse that has continued over an extended period of time;
· The standardization of the discovery rule in obscenity cases so that it is consistent with the Adam Walsh Act;
· DNA upon felony arrest. Mr. Sanders stated he believed a bill like this would solve many crimes, help prevent crimes before they happen, and reduce investigative cost to law enforcement agencies:
· Increased protection for police K9s. Right now the severity of the punishment for assault on a service animal is determined by whether the animal can return to work after the assault. Mr. Sanders stated that they would like to see a tweak to the law so that the punishment is actually determined by the actions of the assailant;
· Rescheduling of Hydrocodone to match the national Schedule II classification.
Also, Mr. Cohron stated that the prosecutors would like to see the synthetic drug statutes strengthened with the goal of deterring abuse.
Mr. Foster discussed the rocket docket program and funding that was established during the 2015 Legislative session. The treatment programs are amazingly successful. Many individuals are being assessed properly and receiving the treatment they need, which is an investment that Kentucky should keep funding. Mr. Foster also discussed staffing issues. Many prosecutors are overwhelmed with cases and frustrated with the caseloads other agencies face as well, especially social workers. Another item the County Attorneys Association hoped would be looked at by the legislature is clarifying the misdemeanor expungement law.
Alan George, Woodford County attorney, said that language used for alcohol DUIs should be parroted for Drug DUIs, which would help eliminate sentencing issues. He said that the non-per se DUI no presumption level should be lowered to .04, which makes it consistent with the CDL DUI law. He suggested that technical tweaks be done to the ignition interlock law that was passed during the 2015 legislative session. He suggested that driving on a suspended license or driving without a license be added to the list of exceptions to KRS 431.015 allowing warrantless arrests. Representative Tilley said that a fix to that issue is already being considered.
Responding to a question from Senator Webb, Mr. Cohron stated that many are hopeful that the money used for rocket docket programs will be reappropriated into their budgets for the next biennium.
Responding to a question from Senator Schroder, Mr. George stated that because of the responses from several judges, it would clear up a lot of confusion if the drug DUI language were clarified.
Juvenile Justice Reform: SB 200 Update
Senator Westerfield, Representative Tilley, and the Department of Juvenile Justice’s (DJJ) Kristie Stutler presented an update on Senate Bill 200.
Senator Westerfield gave an overview of the intentions of Senate Bill 200. Senate Bill 200 was designed to overhaul Kentucky’s juvenile code, changing the treatment of status offender and low level public offender children. Multiple studies have been completed showing that money spent on detaining these children could be cut to a smaller fraction if handled differently. Although the bill did not go into effect until July 2015, there are already positive results being seen. Over the course of the year there have been a number of pilot programs set up across the state in different environmental settings, which is providing data to the Juvenile Justice Task Force and showing members what needs to be fixed. Short term outcomes for DJJ youth placed out of home are at 41 percent adjudicated within one year of release. Long term outcomes are at 52 percent of DJJ youth placed on community supervision are adjudicated within three years, and 64 percent of DJJ youth placed on out of home are adjudicated within three years of release. Despite these numbers which are expected to improve overtime due to this bill, Kentucky has had a lot of success when youth are diverted early in the juvenile justice system, only 1/4th of youth that have successfully completed diversion have a new offense within one year. Just over 1/3rd have a new offense within three years. Use of the risk assessment tool is being required early in the process to assure that youth are receiving the services they need.
Kristie Stutler testified on the work of the Department of Juvenile Justice. Much time has been spent researching best practice and working with the technical assistance group from the criminal justice institute to ensure that practices being put into place are data informed and the right kind of services to Kentucky’s youth. She believes it is important to take into consideration that SB 200 set determinate timelines for low level offenses, which could affect the amount of disparity at the moment of charge. Ms. Stutler stated that juvenile justice reform is not a matter of just implementing the four structural changes that were outlined in SB 200, but identifying all procedures and processes and revisions that need to be changed to receive more favorable outcomes for all youth.
Ms. Stutler discussed how the DJJ gives the courts risk information that includes criminogenic need areas and treatment needs. Other areas that that DJJ has been working on include a consistent system across programs with advancement based on-treatment compliance, graduated Sanctions protocol that establishes limits for consequences that might extend a juveniles length of stay, treatment plan based on needs assessment, and the addition of evidence based programs.
Representative Tilley said that this bill has only been in effect for two months, but many have been preparing for this bill for some time. With Family Accountability Intervention and Response (FAIR) teams that have been that are running, 79 percent of juvenile cases were resolved without going to court. The US Department of Justice has put a focus on Kentucky and Texas as national models.
Lieutenant Josh Judah, with the Louisville Metro Police Department (LMPD) discussed some concerns LMPD has faced. The intent of SB 200 is good, but the law interferes with the Louisville’s curfew ordinance. He discussed incarceration and crime control issues that the department is facing. Senator Westerfield and Representative Tilley responded by thanking Lieutenant Judah for his testimony and expressing interest in speaking with LMPD about its concerns.
Responding to a question from Senator Seum, Ms. Stutler stated that one of the biggest challenges that the DJJ faced was resistance within the system, and that SB 200 made collaboration across agencies much smoother and effective.
Shock Probation in DUI Homicide
Senator Julie Raque-Adams, Carolyn Sharf, Debbie Moskwa, and Morgan Sprague, with the Kentucky State Police discussed shock probation in DUI homicide cases. Senator Adams spoke of Carolyn Sharf’s daughter, a victim of DUI, and the heartbreak the family of that victim faced. Senator Adams discussed a bill that will be introduced in the 2016 legislative session that will prohibit shock probation if a person is convicted of Manslaughter in the 2nd Degree or Reckless Homicide and found to be in violation relating to driving under the influence. She spoke about Kentucky’s 13 exceptions eliminating shock probation as an option for other offenses, and asked members to consider this additional exception.
Mrs. Moskwa told the story of her son’s unfortunate passing in 2002, when he was killed in a four car accident while on vacation. She asked members to consider passing this bill in the upcoming session.
Ms. Sprague discussed the bill draft and assured members that it had the support of the Kentucky State Police.
Transforming How We Look at Treatment
Representative Kim King along with Mike Cox, Isaiah House President, and Jason Roop testified about the Isaiah House program and treatment options. Mr. Cox stated that treatment has become a generic term, and that treatment is more than helping an individual get through the challenges of detox, and it is more than tough love and discipline. He stated that a holistic approach and model is what is needed for alcohol and drug treatment, and that is what the Isaiah House does and wishes to share with others in the Commonwealth. Not only is addiction addressed but the mental, physical, legal, educational, and financial needs of clients are also addressed.
Mr. Cox also discussed funding for Isaiah House, which, despite being state licensed and accredited, receives no state funding. Although money has been allocated for treatment facilities, Mr. Cox stated that there is a need for more. He discussed issues with insurance companies and the constant battles faced while trying to help clients with their claims. He encouraged members to continue coming up with creative ways to fund treatment.
Mr. Roop expressed support for Isaiah House. As a former addict who attended the program, he now works there.
Responding to a question from Representative Tilley, Mr. Cox stated that the current percentage of their clients who have served jail time is 48 percent.
There being no further business, the meeting was adjourned at 12:22 PM.