Call to Order and Roll Call
The 1st meeting of the Interim Joint Committee on Judiciary was held on Friday, June 3, 2016, at 10:00 AM, at the Kentucky State Police Academy in Frankfort, KY. Representative Darryl T. Owens, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Whitney Westerfield, Co-Chair; Representative Darryl T. Owens, Co-Chair; Senators Danny Carroll, Perry B. Clark, Carroll Gibson, Ray S. Jones II, Alice Forgy Kerr, John Schickel, Wil Schroder, Dan "Malano" Seum, and Robin L. Webb; Representatives Robert Benvenuti III, Joseph M. Fischer, Jim Gooch Jr., Chris Harris, Joni L. Jenkins, Thomas Kerr, Mary Lou Marzian, Reginald Meeks, Suzanne Miles, Lewis Nicholls, Tom Riner, Ken Upchurch, and Brent Yonts.
Guests: Laura Sudkamp, Central Forensic Laboratory Manager; Mark Bolton, Director of the Louisville Metro Department of Corrections; Steve Durham, Assistant Director of the Louisville Metro Department of Corrections; District Court Judge Stephanie Burke; Richard W. Sanders, Commissioner of the Kentucky State Police; and Alex Payne, Deputy Commissioner of the Kentucky State Police.
LRC Staff: Katie Comstock, Dallas Hurley, Alice Lyon, Chandani Kemper, Matt Trebelhorn, and Elishea Schweickart.
Implementation of Senate Bill 63
Laura Sudkamp, Kentucky State Police (KSP) Central Forensic Laboratory Manager, presented an update on the implementation of Senate Bill 63. The District Attorney of New York provided funding through a DANY grant which allowed the KSP laboratory to outsource sexual assault kits to be processed. The outsource contract went to Sorenson Forensics. Although it has taken some time, the first 299 kits were mailed on May 24, 2016. The processing cost per kit is $624.00. The $1,973,400 of DANY grant funds will cover 3,162 kits. Ms. Sudkamp stated that KSP hopes to have results in 60 days.
Ms. Sudkamp spoke on what would happen if a case that has been outsourced goes to trial. The KSP laboratory will first try to pull the case back and rework it in the laboratory. If this is not possible and Sorenson Forensics is required to testify, it will cost the state:
· $100/hour for Pretrial Depositions; and
· $800/day per person for Witness Testimony with a maximum of $2,400/day if three or more are required to testify.
However, Sorenson Forensics will be required to pay its own travel cost.
Ms. Sudkamp talked about the merging of DANY and Senate Bill 63 and the different requirements of both. DANY requires a multidisciplinary team that looks into making statewide policies for investigations and notifications that are victim centered. A Sexual Assault Evidence Task Force has been set up and met three times to begin working on pilot policies. A Sexual Assault Response Team Advisory Committee (SART-AC) has been created and taken on most of the directive from Senate Bill 63, which includes a process for victim notifications. Membership for SART-AC is listed in KRS 403.707. Because both Senate Bill 63 and DANY have some similar requirements, a subgroup of members from the DANY based task force and SART-AC has been created.
Another requirement of Senate Bill 63 is DNA expansion, which was funded through the legislature. To achieve this, an additional 10 forensic biologists have been added to the team. This will increase the size of the DNA section of the KSP laboratory to over 30 analysts. The DNA section is being split into three subgroups:
· Crimes Against Persons;
· Property Crimes; and
· Serology Screenings.
This will allow the DNA section of the KSP laboratory to run smoother and be more efficient. Ms. Sudkamp stated that the laboratory hopes to eventually hire several evidence technicians.
Responding to a question from Senator Westerfield, Ms. Sudkamp stated that expansion funding was specific to DNA.
The KSP laboratory has already purchased $1.1 million in laboratory equipment. To expand and allow space for the new equipment coming in, along with more workspace for the DNA section, the laboratory is having to go through some changes. The photo lab is being relocated to a different area of the laboratory and the breath alcohol section is being completely removed from the facility. By expanding in this manner, the KSP laboratory can continue to work without having to completely stop to move to a new facility.
Responding to a question from Representative Owens, Ms. Sudkamp stated that all of the backlogged sexual assault kits will be outsourced while the laboratory continues to work on the existing kits. Besides the initial slow down due to changes within the laboratory, the turnover time for incoming cases is not expected to be affected.
Responding to a question from Senator Westerfield, Ms. Sudkamp stated that the KSP laboratory will send 300 kits a month to Sorenson Forensics, which must then return results within 60 days.
Responding to a question from Senator Carroll, Ms. Sudkamp stated that Sorenson Forensics is the only vender the laboratory is using.
Responding to a question from Senator Webb, Ms. Sudkamp stated that the Sexual Assault Evidence Task Force was made up of herself, prosecutors, victim advocates, hospital representatives, and law enforcement representatives. Responding to a follow-up question from Senator Webb, Ms. Sudkamp stated that the Toxicology division within the laboratory has improved. She hopes to make even more improvements in the coming months, but to get the new equipment into the field will cost about $1.2 million.
Responding to a question from Representative Yonts, Ms. Sudkamp stated that if there is a positive finding on a sexual assault kit, KSP will notify the investigating agency, the county prosecutor, and victim advocates. The victim will also be notified about the case by phone call, and a face-to-face meeting will be set up with a victim advocate.
Responding to a question from Senator Clark, Ms. Sudkamp stated that the District Attorney of New York obtained the money for the DANY grant through a large settlement.
Opioid Problems in the Jails
Mark Bolton, Director of the Louisville Metro Department of Corrections, Steve Durham, Assistant Director of the Louisville Metro Department of Corrections, and District Court Judge Stephanie Burke testified.
Louisville has the largest jail system in the Commonwealth. In 2015, about 32,000 people were booked, yet there are only 17,093 beds in jail inventory. Mr. Bolton stated that this results in always having more inmates than beds available. The yearly budget for the Louisville Metro Department of Corrections is about $57 million per year, and it costs about $70.00 per day on average for a jail bed.
Mr. Bolton stated that one of the greatest challenges is the influx of opioid users coming into the jails. This can present a particularly bad situation if these individuals are not speaking to the police because:
* The jails may or may not know that an individual has recently used;
* The jails may or may not know if an individual is in the process of overdosing;
* The jails may or may not know if an individual is in the process of detoxing.
Not only is this a health risk for inmates coming into the jails, but it is also a large healthcare cost for the jails. The healthcare contract for the Louisville Metro Department of Corrections is about $10 million per year, a majority of the healthcare cost is driven by opioid addiction. Mr. Bolton stated that, on any given date, the Louisville Metro Department of Corrections is actively detoxing up to 120 people. Most inmates who are in the process of detoxing are heroin users. The Louisville Metro Department of Corrections is running the largest detox program in the region. Because of costs, challenges, and medical care demands, this epidemic is a true crisis.
Mr. Bolton spoke about the different ways opioid and heroin addicted inmates are handled. An inmate thought to be overdosing is sent to a hospital for healthcare. About 70 individuals are sent to the ER monthly from Louisville Metro Department of Corrections. An inmate who is detoxing is placed on the jail’s medical floor, which costs about $230 per day.
Mr. Bolton explained concerns regarding those who were receiving detox treatment. A person put in jail for a minor offense will start the detox process, but because of the short amount of time of detention, the person is released before finishing the process. Many in this population return to the system on more serious offenses as they get further in the cycle of addiction or may eventually lose their life due to the addiction. It is difficult for those who were able to start the detox process in the jail to finish once released because treatment programs are so difficult to get into. In Jefferson County, there are only 24 male and 24 female community beds; these are the only beds that do not require insurance for those seeking drug treatment. To try to help these individuals, the jail has operates a 12-step treatment program for those who will be incarcerated for the needed amount of time. Louisville Metro Department of Corrections has 45 treatment beds for these individuals and has begun to use Vivitrol when needed.
Mr. Durham spoke briefly about a Pay for Success program in which money is contributed as a loan to a social problem where funds are lacking. Once the program is running efficiently, the government pays the money back. Louisville Metro Department of Corrections is looking for re reductions in the number of repeat offenders and days spent inside the jail. A study determined that the Louisville Metro Department of Corrections contains the needed elements to make this program work and has community support, and many inmates have agreed to partake in this program since their treatment cost will be covered. Louisville Metro Department of Corrections is working on the finer details needed to begin, such as treatment provider options and measurement for results, but hopes to make this a bigger project soon.
Judge Burke spoke about the heroin crisis. She said that “incarceration is not a solution to addiction” and asked the committee to carefully consider where money is budgeted. Many people who come through the court are not actually there on drug related charges but charges like theft. To protect the community against these crimes, the drug addiction crisis must be addressed. Defendants who acquire treatment do not reoffend. The best way to reduce the jail population when it comes to addicts is to provide sober housing. Many of the individuals are homeless or do not have stable housing. Providing addicts with sober housing improves their quality of life and lowers the chance of reoffending.
Judge Burke stressed the need for recovery support, which is the biggest and best solution to treating addiction. Recovery support includes counseling, support networks, and monitoring. Judge Burke stated that there are options for recovery support through drug court, but that they are being overlooked. This year, when funds were provided for heroin rocket dockets, was a wonderful start but there was no direction for a spending plan. There needs to be a better collaboration between the Justice partners and the legislature.
Drug court also has the means to provide defendants with treatment. This includes inpatient and outpatient treatment on various levels. Judge Burke stated that despite having access to treatment for those who need it, there are zero funds provided from the Commonwealth. This has caused those who work with the drug courts to go to great lengths to get the funds needed. By feeding money into drug courts and the heroin rocket dockets, the legislature will be able to utilize existing resources.
Judge Burke discussed Casey's Law and her support for it. She stated that while it is a good preemptive strike against the drug crisis in Kentucky, there is very little public awareness of the law. Judge Burke suggested that an effort should be made to let the public know about Casey’s Law and how to utilize it. She also suggested that the statute needs to be reexamined and tweaked to clear up some constitutional issues and improve its effectiveness.
Responding to a question from Senator Schroder, Mr. Bolton stated the Louisville Metro Department of Corrections started tracking recidivism in 2012. LMDC plans to begin tracking the correlation between former inmates and drug overdose deaths soon. Judge Burke stated that a significant amount of individuals who do not graduate the drug court program do not reoffend, and a large number of actual reoffenders who did not graduate only have minor offenses.
Responding to a question from Senator Carroll, Mr. Bolton stated that the jail’s pregnant inmates who are opioid addicts are kept in the medical unit. An inmate going through withdrawal symptoms is placed on low level opioid-based drugs to help get through the withdrawal period. He hopes the Louisville Metro Department of Corrections will soon become a Methadone site to further help situations like this.
Responding to questions from Representative Nicholls, Judge Burke stated that her drug court program is not full and could take roughly 75 more participants. Responding to a follow up from Representative Nicholls, Judge Burke stated that her court is using the “Enough is Enough” program to help the highest risk inmates. She believes it is more cost effective to enroll more participants into drug court, because they have the resources, than hold them in jail. Judge Burke stated that she believed a reentry drug court would be beneficial to Kentucky if it were to be implemented.
Responding to a question from Senator Clark, Mr. Bolton stated that there has been research on the success rate of 12-step treatment programs, and results are show that not every program is “one size fits all.” Representative Nicholls stated that the 12-step process is not the total fix, but a treatment program must use several treatment options together. These options include a 12-step program, Vivitrol use, and recovery support. If all treatment options are utilized together, there is a greater chance of success for an addict.
Kentucky State Police Issues and Concerns
Kentucky State Police (KSP) Commissioner Rick Sanders and KSP Deputy Commissioner Alex Payne testified. Commissioner Sanders has worked in law enforcement for 40 years. Commissioner Sanders started his career in Jefferson County until 1983 when he became a US Drug Enforcement (DEA) agent. He retired as the Assistant Director for DEA in 2007. Upon retiring from the DEA, Commissioner Sanders became the police chief for Jeffersontown, and held this position until he accepted the position as KSP Commissioner. Deputy Commissioner Payne retired as a KSP Sergeant before returning to work with Commissioner Sanders. Commissioner Sanders stated that, while Deputy Commissioner Payne’s role is to run day-to-day operations, his role is get KSP the tools needed to for all troopers to do their jobs.
This year KSP troopers received its biggest pay raise. The troopers were placed on a progressive pay scale for the first time in history. KSP is authorized to have 1,070 troopers, but currently there are only 860. Commissioner Sanders stated this was because KSP pay and benefits are not competitive, but he hopes the pay raise troopers just received will help recruit and retain. Although the troopers received a pay raise, there is still a desperate need for pay raises for other departments within KSP.
The KSP training facility that is located in Frankfort is about 350 acres and is where a trooper begins his or her career. There are four divisions within the KSP: Operations Division, Commercial Vehicle Enforcement Division, Administrative Division, and the Technical Support Division. Commissioner Sanders would like to eventually see the KSP headquarters located in the same area as the training facility.
Commissioner Sanders also mentioned the Commercial Vehicle Enforcement (CVE) Officers, which is critically important to KSP. He plans to integrate CVE officers so that they are no longer considered the “outside people” by providing new uniforms and getting pay and benefits that they deserve. Last year, CVE officers completed 58,000 inspections of trucks and commercial vehicles. CVE officers also cover weigh stations throughout Kentucky, which poses a challenge because there are often not enough CVE officers to manage them all. It is a revenue loss to not have those weigh stations covered.
Commissioner Sanders stated that it is critically important to target the drug cartels, those who are bringing the drugs into the country to sale on the streets. He said that drug addiction needs to be recognized as a disease. Drug addicts need to be treated before entering the criminal justice system. He discussed the Angel Initiative that he started with the help of Van Ingram, and several others, in Jeffersontown. The Angel Initiative allows drug addicts to go to a police station to ask for help and dispose of their heroin without fear of arrest. Overall, the job of the police is to save lives.
Lab personal and dispatchers are critical to KSP. Commissioner Sanders stated that he hopes to get them the pay and benefits they deserve in order to retain them.
The radio systems are old and scheduled to die in 2018. The cost of replacing this system will be extremely high but must be done soon. Replacing this radio system is critical considering that KSP also dispatches for Probation and Parole, Fish and Wildlife, and 21 other community partners.
Responding to a question from Senator Carroll, Commissioner Sanders stated that KSP has completed cost analysis for each agency for which it dispatches in order to receive the appropriate pay. He hopes KSP can partner with others to afford the monumental cost of the new radio system. John Tilley, Secretary of the Justice and Public Safety, asked the committee to contact their county mayors and judges and send them to the Justice and Public Safety Cabinet so that they can discuss the radio situation.
Responding to a question from Senator Webb, Secretary Tilley stated that KSP will need to begin working to get the new radio system by the next budget cycle since the system will be dead in 2018.
Responding to question from Representative Jenkins, Commissioner Sanders stated that state troopers do not carry Narcon, but he believes they should. Responding to a follow up question from Representative Jenkins, Commission Sanders stated they do not carry it due to their low budget, but it is something they are looking into further.
Responding to a comment from Senator Westerfield, Commissioner Sanders stated the turnover rate for the KSP is 32 percent. It can take up to two years to train replacements. This is a stressful situation that can be helped with pay and benefit increases.
Responding to a question from Senator Clark, Commissioner Sanders stated that he did believe that officers are being targeted.
There being no further business, the meeting adjourned at 1:51 PM.