Call to Order and Roll Call
The 1st meeting of the Interim Joint Committee on Judiciary was held on Wednesday, June 7, 2017, at 9:00 AM, in Covington, KY. Representative Joseph M. Fischer, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Representative Joseph M. Fischer, Co-Chair; Senators Joe Bowen, Danny Carroll, Perry B. Clark, Ray S. Jones II, Alice Forgy Kerr, and Wil Schroder; Representatives Larry Brown, Tom Burch, McKenzie Cantrell, Daniel Elliott, Angie Hatton, Joni L. Jenkins, Chad McCoy, Kimberly Poore Moser, Jason Nemes, Darryl T. Owens, Jason Petrie, and Brandon Reed.
Guests: Representative Addia Wuchner, Representative Kim Moser, Jennifer Diaz, Sophie Diaz, Heather Wagers, Lt. Lawrence Newton, Mike Hammons, Lt. Colonel Mark Brandt, Jennifer Hunter, Kristie Blanchet, Judge Julie Reinhardt Ward, Mary Decker, and Anna Stark.
LRC Staff: Katie Comstock, Alice Lyon, Chandani Kemper, Dale Hardy, Crystal Allen, Brian Lock, Matt Trebelhorn, and Elishea Schweickart.
Welcome
Gene Kirchner, with the Northern Kentucky Chamber of Commerce, gave a brief welcome to the committee members.
Child Abuse Offender Registry: 17 RS HB 129
Representative Wuchner, sponsor of 17 RS HB 129, discussed the bill’s concept and goals. Jennifer Diaz, the mother of a child abuse survivor, Sophie; Heather Wagers, Staff Attorney for the Kentucky State Police (KSP); Lt. Lawrence Newton, KSP Criminal Identification and Records Branch; and Mike Hammons, Senior Director of Advocacy with Children, INC., also spoke in support of the bill.
Kentucky, as a whole, has produced low child protection statistics and higher fatality statistics due to child abuse and neglect. As a result of these statistics, the General Assembly has passed legislation in the past several years to improve the lives of young Kentuckians. Some of this legislation includes the child fatality and near fatality external review panel bill, the pediatric abusive head trauma bill, the foster care driver’s license bill, and a bill requiring background checks for childcare providers.
Representative Wuchner explained that 2017 RS HB 129 was a bill that would require those who have been convicted of a crime against a child to register on a public registry. This registry would be maintained by KSP, and would be a website similar to the sex offender registry. Parents, family members, and childcare providers would be able to check this registry when needed. Due to the various types of child abuse, Ms. Wagers explained that judges would have discretion when it came to ordering someone to register, and discretion about the time frame that they would be on the registry for.
Ms. Wagers explained how this registry would be funded. The bill provided that $25 would come out of each misdemeanor expungement petition fee and $250 would come out of each felony expungement petition fee. Ms. Wagers stated that, based on current numbers, KSP believes these amounts would raise $300,000 and make funding this registry possible.
Ms. Diaz discussed Sophie’s story. She explained how her daughter was abused by her babysitter. Sophie survived without lifelong injuries, but Ms. Diaz explained to the committee that many children are not as lucky as her daughter. In 2016, Kentucky had several child fatalities as a result of abuse, five out of nine of those child fatalities involved people who had history with the Cabinet for Health and Family Services. Ms. Diaz strongly urged the General Assembly to consider this legislation so that children in Kentucky can be further protected.
Responding to a question from Representative Jenkins, Ms. Wagers stated that the only way an individual would be on this registry is if he or she was convicted of a crime against a child and was placed on the registry by the court.
Responding to a question from Senator Schroder, Representative Wuchner stated that the registry would not do full background checks on individuals but would allow immediate access for anyone to see if an individual has a child abuse conviction. The Cabinet for Health and Family Services supports the bill.
Responding to a suggestion from Representative Nemes, Representative Wuchner stated that she has already begun discussions on possibly using this registry to help individuals get treatment.
Responding to a question from Representative Fischer, Representative Wuchner stated that Indiana is the only state with a child abuse registry, making Kentucky the second state to do this if it passes in the 2018 legislative session.
Responding to a question from Senator Carroll, Representative Wuchner stated that she believes the registry will be extremely helpful to parents, especially those who find themselves in need of an emergency babysitter.
Responding to a question from Representative Burch, Representative Wuchner stated that the registry will only reflect individuals who have been convicted of a heinous crime against a child. These crimes include: fetal homicide, criminal homicide, assault and related offenses, kidnapping, and family offences to some extent.
Responding to a question from Senator Carroll, Representative Wuchner stated that she hopes that, if this registry is created, it will someday list move-in offenders. Because this type of registry is new though, she does not know when out of state offenders would be added to it.
Responding to a question from Representative Jenkins, Representative Wuchner stated that there would be language added to the webpage to remind parents and caregivers to be careful who is around their children, regardless if they are listed on the registry.
Responding to a question from Representative Elliott, Ms. Wagers stated that the bill would not include cases covered under KRS Chapter 620.
Pathway to Addiction Treatment in Jail
Representative Kim Moser discussed the Chemical Dependency Program (CDP) in the Campbell County Detention Center. Representative Moser stated that CDP reduces relapse and recidivism, and promotes sustainable recovery. Lt. Colonel Mark Brandt, Chief Deputy of the Campbell County Detention Center; Jennifer Hunter, Director of Clinical Services at the Northern Kentucky Health Department; Kristie Blanchet, Campbell County Detention Center Chemical Dependency Program Manager; Judge Julie Reinhardt Ward, Mary Decker, Brighton Center; and Anna Stark, Greater Cincinnati Behavioral Health Services, also spoke on the panel with Representative Moser.
One hundred twenty-nine people die every day in the United States due to opioid use disorder. In 2016 alone, 1,500 Kentucky residents died of heroin overdoses. Opioid use disorders also stretch many of Kentucky’s systems thin, including the justice system, child protective services, healthcare systems, and Medicare. Eighty-three percent of Kentucky inmates are incarcerated on a drug related charge, and Kentucky has the highest rate of children with incarcerated parents.
Lt. Colonel Brandt said that the Campbell County Detention Center recognized a need to address the heroin problem faced by Northern Kentucky. After extensive research, the CDP was created where drug addicted inmates can have up to six months of treatment while in jail. This is then followed up by a two year involvement with many different agencies so these individuals have a better chance at remaining sober. Program criteria includes:
1. All applicants should be a female Campbell County resident;
2. Immediate alcohol or drug related charges;
3. History of alcohol or drug related charges;
4. Length of incarceration must exceed time necessary to participate in the program;
5. Must complete the Women's Risk Needs Assessment and be identified as having a substance use disorder.
The cost of this treatment program per participant is $8800, which is lower than the cost of these offenders being re-jailed for further drug offences. Lt. Colonel Brandt stated that this program helps to repair families that have been affected by drug use, and integrates women in this program into the community, which helps raise these individuals’ chance of success.
Judge Ward, with the Campbell County Circuit Court, also spoke in support of this drug treatment program. She stated one of the things that she appreciates the most from this program is that these woman are getting a chance they most likely would not otherwise get. She stated that despite popular belief, most jails do not usually offer any type of drug treatment. Judge Ward stated that participants in this program are women who have been sentenced to incarceration because it is believed that they cannot be managed (at that time) in their communities, but CDP gets them the treatment they need and gets them back into society. An individual voluntarily placed in this program will be incarcerated in treatment for 6 months. This is a longer incarceration time than many inmates receive when serving jail time alone without treatment. Once released from the program, individuals will then be placed on probation and will receive one-on-one individualized attention so that they can be successful in their sobriety and their lives.
Ms. Blanchet stated that a lot of research went into the CDP. The goal is to serve the population of inmates that was really lacking, which is women. When this program was started, curriculum and risk assessments were all considered. The Women's Risk Needs Assessment, a gender responsive assessment tool developed by the University of Cincinnati, is used to assess women for placement in the program. This assessment is also paired with a curriculum that is gender neutral, but works well with developing an individualized treatment plan for women once they leave the jail.
There are four stages to this program:
· Stage 1 - Introduction to why someone would resist treatment, methods to rethinking their resistance, and the pros and cons of addiction and recovery.
· Stage 2 - Motivational engagement: Cognitive behavioral intervention through motivational interviewing, which recognizes there will be ambivalence in the group, requiring response and redirection. Cognitive restructuring teaches recognition and modifications of behavior.
· Stage 3 - Emotion Regulation: Recognition of emotions, feelings, and consciousness of self-control. All participants will learn strategies to manage, anger, stress, anxiety, sadness, and how to build themselves up from rejection and failure. Social skills and problem solving are also an important part of this stage.
· Stage 4 - Success Planning: Develop a plan, stay on track and positively handle a barrier or trigger through rehearsal and presentation, and create accountability with peers. The treatment team will meet in this stage for preparation of release from the CDP.
This program is also set up to help the families of these women, especially their children.
Many different agencies work with the CDP to provide support for women once they leave the jail. One of these program partners is St. Elizabeth Medical Center, who provides parenting classes for all women in the CDP. Participants interested in Vivitrol will be connected to St. Elizabeth Addiction Services the same day of release. CDP is also partnered with the Northern Kentucky Community Action Commission, which helps participants with financial classes, continued education, Medicaid enrollment (if needed), and in house financial readiness classes.
Ms. Hunter spoke about how the women and children of the CDP participants are connected with Northern Kentucky Health Department (NKHD) Nurses and Greater Cincinnati Behavioral Health Services through a safety net program. This is a program that lasts for two years after a woman is released from the CDP. The safety net program allows the health department to accomplish several things with the women, and their families, in the CDP program. Some of the services the NKHD provides includes: focus on assisting the women and their children with public health and medical needs once released, home visits, clinic visits, and assessing priority medical needs of the woman and their children and linking them to proper care.
Ms. Decker spoke about the Brighton Center. The vison of the Brighton Center is to help women in the CDP move from crises to stability, then to self-sufficiency. Brighton Center engages with the women while they are still incarcerated, using meetings and an initial assessment to know how they can help each CDP participant.
Ms. Stark spoke about Greater Cincinnati Behavioral Health Services role in this program. Greater Cincinnati Behavioral Health Services provides the women with mental health and substance abuse services once they are released from the facility. The agency provides mental health needs to children and families of the participants if they are in a family home. Services provided are trauma informed. Services provided by Greater Cincinnati Behavioral Health Services are partially reimbursed by Medicaid, with a cost of about $100.00 per hour. Any cost that is more than Medicaid reimbursement is covered by United Way and fundraising.
Responding to a question from Senator Schroder, Judge Ward stated that judges have discretion on whether a person should be in the program longer than six months.
Responding to a question from Representative Cantrell, Representative Moser stated that she hopes these services continue despite the uncertainty with the future of Medicaid.
Responding to a question from Representative Jenkins, Lt. Colonel Brandt stated that, due to limited funding and space, the program is only available to inmates who are the least threat to the community and the most successful.
Responding to a question from Senator Carroll, Ms. Blanchet stated that the women in the program are seen by a psychiatrist, who may prescribe medication for their mental health, and the women are closely monitored to make sure they are not being overmedicated.
Responding to a question from Representative Owens, Lt. Colonel Brandt stated that the CDP program currently has 20 beds with a goal of expanding to soon expand to 40 beds. Responding to a follow up question from Representative Owens, Ms. Hunter stated that she believes the nurses are able to carry the large caseloads.
There being no further business, the meeting was adjourned at 10:35 PM.