2008 Interim LEGISLATIVE Volume 20, No. 2 November 2008 RECORD Lawmakers review recommended penal code changes by Rebecca Mullins said Justice and Public Safety Cabinet Secretary J. LRC Public Information Michael Brown, is to waive pre-sentence investiga- tions upon agreement of the parties. “It would help us meet our already statutorily FRANKFORT — Recommended changes to the imposed guidelines of moving inmates within 45 state penal code—including an increase in the dol- days, rather than having them sit in the jail post-con- lar amount of what constitutes felony theft— and viction and wait,” said Brown. the state’s drug laws proposed by committees of the Rep. Joe Fischer, R-Ft. Thomas, who asked if Kentucky Criminal Justice Council were shared with the committees’ recommendations were in line with a legislative subcommittee on Nov. 10. laws in other states, said “I agree that these do seem The proposals, which are intended to reduce the to be good common sense recommendations.” state’s growing prison population, could lead to leg- The subcommittee then heard recommendations islative changes in the next regular legislative ses- for changes to the state’s drug law statutes. Drug sion beginning in January. However, they must first cases, explained Cohron, are a major drain on the be approved by the Council and delivered to Gover- justice system. nor Steve Beshear by Dec. 1. “The biggest issue we’re dealing with are all Some of the recommendations shared today with these drug cases,” he said. “If we can get to them the legislative Subcommittee on the Penal Code and quickly before they reoffend, that can save them… Controlled Substances Act by the Council’s Penal before they get disenfranchised from society.” Code Committee Chairman Chris Cohron included One change to the state drug laws that were applying a statute of limitations on certain Class D recommended include passing a “drugged driver” and C felonies (with an exemption for sex offenses), Rep. Brent Yonts, D-Greenville, (left) and Sen. Dick Roeding, R- law (proposed in previous legislative sessions) that increasing the threshold for felony theft from $300 Lakeside Park, speak during the Nov. 10 subcommittee meeting. would make driving under the influence of a con- to a larger amount, grading thefts based on severity trolled substance without a prescription a “per se” of the crime, making DUI a felony after a third rather Cohron said reimbursing counties for the 30 to or clear offense. Other proposals could change laws than a fourth offense and improving aid to county 60 days that inmates spend in jail awaiting sentencing jails, among others. would help. Another way to impact the jail system, Continued on page 2 Chief Justice discusses possible $38 million shortfall facing courts in 2011 by Rebecca Mullins retirements or other attrition. Only those jobs deemed LRC Public Information “critical” will be filled, he said, including positions in drug court, pretrial services and court designated FRANKFORT — State lawmakers are consid- worker programs. ering the possible effect of a projected $37.8 million “As we see it, the continued vitality of statewide shortfall in state court funding in 2011, including services like these have a significant impact on the less money for personnel and court programs. reduction of inmate populations in county jails and “This looming deficit means we must greatly state corrections facilities,” said Minton. reduce expenditures, or increase appropriations, or Other cost savings have come from what Min- face significant reductions in services to the people ton called the Court of Justice’s enthusiasm to “do of the Commonwealth when citizen demands on the a new thing.” What are new are a felony mediation Justice system are greater than they have ever been program that allows cases to be settled more quickly, in the history of the Commonwealth,” Kentucky Su- an e-pay system that lets individuals pay court costs preme Court Chief Justice John Minton told the In- and fees by credit and debit card in at least 27 coun- terim Joint Committee on Judiciary on Nov. 18. ties so far and an e-warrants program--now in five Since about 88 percent of the budget of the counties--that expedites the signing or recall of war- courts is personnel costs, Minton said the Court of rants by judges. Sen. Dan Seum, R-Louisville, comments during the Nov. 18 meet- Justice has eliminated 73 positions--mostly through Continued on page 2 ing of the Interim Joint Committee on Judiciary. THE KENTUCKY GENERAL ASSEMBLY Penal code, Lawmakers hear testimony on from page 1 possibility of nuclear power in Kentucky that determine proximity to public by Rebecca Mullins portfolio, Peters said. discussed and complimented Peters on and private places by drug offenders, LRC Public Information “It’s going to be part of the na- his open-mindedness on using differ- and alter some penalties. tional solution—coal’s going to be ent types of energy to meet the state’s “I’m not going to hold out that FRANKFORT — Examining the part of the national solution,” he said. future needs. this is a comprehensive review of the use of nuclear power to generate elec- “We have to start that conversation.” “I am very encouraged that we’re penal code top to bottom,” Brown told tricity in Kentucky—part of a seven- Peters also assured Rep. Tom Ri- at least having this discussion,” said Subcommittee Co-Chair Sen. Gerald point energy strategy unveiled by the ner, D-Louisville, that nuclear utilities Hall. Neal, D- Governor’s Office yesterday—drew or any electrical utility will not move The energy mix that Peters spoke Louisville, both interest and concern from some into a community “where they are not about, which also includes renewable and the rest members of the General Assembly’s wanted.” energy and alternative fuels, would “We need to of the sub- Energy subcommittee on Nov. 21. “That’s fundamental. The electric not only lower emissions but meet an look at things committee. Rep. Tanya Pullin said she was utilities have faced that issue—in Mar- estimated 40 percent increase in the “(But) we in a shocked to find that the governor’s ble Hill (in Indiana) and elsewhere— state’s energy needs, and electricity can at least plan cites her hometown of South for some time… They aren’t even needs, by 2025. comprehensive show the Shore as one of four possible loca- going to propose a plant in (those com- Sen. Robert Stivers, R-Manches- way and look public that tions for a nuclear power plant, and munities),” Peters said. “If the com- ter, asked if the state’s energy grid at which parts we are ad- asked that the citizens of the com- munity is not supportive of it, I can as- will be able to handle a 40-percent in- dressing the crease in electricity generation since, of the system munity be consulted before any such sure you the issues.” plans go forward. administra- he said, the grid is already maxed out. promote… N e a l , “It doesn’t matter if you produce it if Pullin, D-South Shore, was as- “If the tion will not rational- who pro- sured by Energy and Environment be supportive you can’t deliver it,” said Stivers. posed the community is ity, at the same Cabinet Secretary Len Peters that the of moving into Peters said the state has not ad- resolution four sites were only “notional” based not that particular dressed that issue, but that “we believe time… carrying that created on resources such as water availabil- supportive of it, community.” we are going to see major (mostly fed- out what justice the Subcom- ity. Sen. Char- eral) enhancements in the electricity I can requires.” mittee on the “We were looking at those only lie Borders, R- grid over the next 20 years.” Penal Code assure you the If improvements aren’t made, as notional sites so that you can find Russell, said he and Con- locations for nuclear plants, whether administration is among those he said, “not only are we not going Sen. Gerald Neal trolled Sub- there would be any there or in the will not be who would like to meet Kentucky’s electricity needs, stance Act western part of the state,” he said. to learn more we aren’t going to be able to meet any this year, Peters also said his agency will supportive of about nuclear electricity needs in that regard.” said as of now, many areas of the pe- not proceed with any plans for nuclear moving into power before Other strategies in the energy plan nal code are “piece mealed.” power plants in South Shore or other that particular steps are taken include: Improving energy efficiency “Certainly, there are some very in buildings and transport fleets, in- communities until there is plenty of community.” to bring it on key aspects of the system that need discussion on the issue of nuclear en- line in Ken- creasing renewable energy sources, to be addressed...,” Neal told Brown, ergy with stakeholders. tucky. increasing production of biofuels, de- Cohron and others. “I think it’s probably going to be Len Peters “I, for veloping a coal-to-liquids industry to “The greatest concern from a year-long conversation we are go- one, would replace gasoline and other petroleum- where I’m sitting, in terms of this ing to have to have about nuclear,” hope I would be receptive to nuclear based liquids, improving natural gas subcommittee, is I think we’ll miss said Peters. But Peters did say that a power once I understand all the pluses production, and more aggressively the point if we’re just a repository of conversation is necessary, since Ken- and minuses,” said Borders.