Call to Order and Roll Call
The 2nd meeting of the Interim Joint Committee on Judiciary was held on Friday, July 7, 2017, at 10:00 AM, in Room 131 of the Capitol Annex. Senator Whitney Westerfield, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Whitney Westerfield, Co-Chair; Representative Joseph M. Fischer, Co-Chair; Senators Danny Carroll, Perry B. Clark, Ray S. Jones II, Alice Forgy Kerr, John Schickel, Wil Schroder, Dan "Malano" Seum, and Robin L. Webb; Representatives John Blanton, Larry Brown, Tom Burch, McKenzie Cantrell, Daniel Elliott, Angie Hatton, Joni L. Jenkins, Stan Lee, Chad McCoy, C. Wesley Morgan, Kimberly Poore Moser, Jason Nemes, Jason Petrie, Brandon Reed, and Gerald Watkins.
Guests: Secretary John Tilley, Commissioner Jim Erwin, Kevin Pangburn, Lieutenant Colonel John Bradley, Laura Sudkamp, Regina Wells, Mitch Charney, Judge Marie Hellard, and Steve Klipp.
LRC Staff: Katie Comstock, Alice Lyon, Chandani Kemper, Dale Hardy, Crystal Allen, Brian Lock, Matt Trebelhorn, and Elishea Schweickart.
Update from the Justice Cabinet
Secretary John Tilley thanked the committee for hearing the Justice Cabinet’s presentations.
Department of Corrections: Substance Abuse Medication Assisted Treatment
The Secretary of the Justice Cabinet, John Tilley, testified about substance abuse medication assisted treatment, with Commissioner Jim Erwin and Kevin Pangburn, Director of Substance Abuse Services.
Commissioner Erwin stated that, due to Senate Bill 192, the department has been able to use new treatments for substance abuse that it had not been able to use in prior years. Senate Bill 195 provided funding for the use of vivitrol, which is a medication that is used to treat opioid and alcohol addictions. This medication is also combined with counselling, behavior therapies and monitoring from social services clinicians to ensure the best chance of addiction recovery. The program is known as Substance Abuse Medication Assisted Treatment (SAMAT). The medication is started 60 days before an inmate is released, and the continuation of this medication after release can be funded by the Affordable Care Act (ACA).
The drug treatment program began in March 2016. There are 12 adult facilities in Kentucky, and inmates in all 12 facilities qualify to participate in this drug treatment program. Mr. Pangburn stated that, by the time program participants receive treatment at one of Kentucky’s prisons, they have already failed numerus attempts at substance abuse treatment. Participant selection and acceptance into the drug treatment program include:
· substance abuse history related to alcohol / opioids,
· completion of cognitive-based Substance Abuse Treatment Program,
· requires voluntary involvement,
· medical and mental health screening,
· negative urinalysis testing results during follow-up appointments.
Currently, the total number of candidates is 821. One hundred inmates have been released from prison on Vivitrol, and there is an 80 percent success rate. Upon release, vivitrol continuation is voluntary. SAMAT is the national model.
Responding to a question from Representative Moser, Mr. Pangburn stated that is a six month program. Commissioner Erwin stated that the drug treatment program is based on allowances from Senate Bill 192 because that is how funding is acquired.
Responding to a question from Representative McCoy, Commissioner Erwin stated that there is a six month wait list. County jails hold the highest wait list due to limits with space. There is no wait list with community mental health.
Responding to a question from Representative Jenkins, Secretary Tilley stated that the financial impact of the program is predicted to be $30 million. The Justice Cabinet is preparing for it as best as it can. The cabinet is working daily with the Cabinet for Health and Family Services to find ways to fund and make treatment available to everyone who needs it.
Responding to a question from Representative Burch, Secretary Tilley stated that there are 24,000 state inmates in Kentucky. Ninety percent of court dockets are drug related.
Kentucky State Police: Rapid DNA Collection upon Felony Arrest
Secretary Tilley, Laura Sudkamp, Kentucky State Police (KSP) Lab Manager, Lieutenant Colonel John Bradley, and Regina Wells, DNA Database Supervisor, discussed rapid DNA collection.
Lieutenant Colonel Bradley stated that the goal of the presentation is to try to destigmatize DNA use. While DNA is the key to a person’s genetics, the use of DNA by law enforcement is only an identification service that can lead to convictions or exonerations.
Ms. Sudkamp testified about the federal Rapid DNA Act. Rapid DNA is new technology that can be used in a few different ways, with the goal being to receive DNA results in two hours or less. Rapid DNA testing started by being used by the military and has now moved to crime labs. Rapid DNA testing has also upheld as constitutional during Maryland v. King.
Phase one of Rapid DNA testing is to allow them to be outside of the laboratory. A cheek swab will be taken upon arrest at booking stations. The sample will be put into the testing instruments at the jails, and results will be ready within two hours. The identification made by Rapid DNA is the same as an identification made by using fingerprints. Phase two will get Rapid DNA instruments into the labs. If an unfortunate disaster were to occur in Kentucky, Rapid DNA collection would make identification of persons involved much faster compared to the current use of extracting DNA from bones. Currently, identification following DNA collection from bones can take weeks to months.
Ms. Sudkamp stated that the KSP lab would be able to handle an increase in samples if Rapid DNA were to be used in Kentucky. Rapid DNA would help with identification of many unidentified remains. The process would be much faster and less expensive.
Responding to a question from Senator Westerfield, Ms. Sudkamp stated that the Rapid DNA database would be accessed by certified users. Booking stations would only be able to submit DNA samples but would not be able to access database information.
Responding to a question from Senator Webb, Secretary Tilley stated that three states have stand-alone labs.
Responding to a question from Representative Nemes, Ms. Sudkamp stated that if the DNA sample can be removed from the system and destroyed if someone’s charges have been dismissed or expunged. Tampering or selling DNA is a criminal act.
Responding to a question from Senator Schickel, Ms. Sudkamp stated that the rape kit backlog has decreased to 470.
Responding to a question from Senator Carroll, Ms. Sudkamp stated that Rapid DNA testing must be done on arrest. An officer cannot take a sample without arrest and cause.
Responding to a question from Representative Brown, Ms. Sudkamp stated that other methods of identification, such as fingerprints, would be used with Rapid DNA testing in cases involving identical twins.
Putative Father Registry
Mitch Charney, an attorney with Goldbery Simpson, testified about bringing a putative father registry to Kentucky. A putative father registry is a registry that an unwed man who has fathered a child may join to protect his parental rights over a child. This would allow a man to be notified when the child is placed for foster care or adoption.
Mr. Charney stated that Indiana has a registry that would be a good model. Indiana’s registry gives clarity to the rights and responsibilities for putative fathers. If a man registers, he is entitled to notice in the case of an adoption; if he does not register, he is not entitled to notice or paternity establishment, and he is barred from contesting the adoption. The registry helps protect adoptive parents who may be at risk of losing the child to the birth father later in life. A man has from the child’s conception to 30 days after birth to register. There is a $50 registration fee that is used to fund the registry. Since 1994, 16,120 men have registered. The Indiana Supreme Court has upheld the constitutionality of the registry.
Responding to a question from Senator Seum, Mr. Charney stated that if a woman identifies the birth father when she places her child up for adoption, the attorney or agency handling the adoption will notify the father.
Responding to a question from Representative Petrie, Mr. Charney stated that the Indiana statute was challenged and upheld in Indiana. He was unsure if it was challenged in federal court.
Responding to a question from Representative Burch, Mr. Charney stated that he believed it is the obligation of a man to find out if he has helped conceive a child.
Responding to a question from Representative Nemes, Mr. Charney stated that if a man is on the registry his rights are protected in Kentucky.
Foster Parent Standing
Marie Hellard, Family Court Judge, testified about foster parent standing. In Kentucky, foster parents have no legal rights relating to the children in their care. Judge Hellard spoke briefly of a family she met who led her to pursue her mission to encourage foster parent standing in Kentucky. Nineteen states have given at least some standing to foster parents.
Judge Hellard discussed the difficulties foster parents face, the children they care about, and the unfairness she believes the parents face due to having no rights over the children they are raising. If foster parents were to acquire standing, it would not be any cost to the state. She believes it would encourage more people to become foster parents, which would improve Kentucky’s struggling foster system.
Responding to a question from Senator Webb, Judge Hellard stated that birth parents who are actively trying to improve their lives will not lose the rights to their children.
Due to time constraints, Mr. Ronald Ferrier was unable to speak in opposition of foster parent standing. He gave committee members a letter explaining his story and position.
PremierTox Laboratory
Steve Klipp, President of PremierTox Laboratory, testified about his company. PremierTox Laboratory is a CAP accredited independent drug testing laboratory in Russell Springs. PremierTox also operates in eight other states and plans to expand to three additional states in the near future. Mr. Klipp stated said the laboratory is known for timely results, its software, low-cost testing, and the hiring of local residents.
There being no further business, the meeting was adjourned at 12:20 PM.