2008 Interim Record
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2008 Interim LEGISLATIVE Volume 20, No. 1 October 2008 RECORD Pros, cons of penal system discussed by lawmakers by Rebecca Mullins “I think that the public, if they ran into someone LRC Public Information who has 14 prior criminal convictions, they have a right to be protected,” Larson said. “We know when FRANKFORT — A former UK law school they’re on the street that they commit crimes, and dean and a Commonwealth’s Attorney gave oppos- when they’re not on the street, they don’t. If we really ing views to a state legislative committee on Oct. 21 want to be effective, there have to be consequences about how the state’s repeat felony offender laws for violating the law the first time, every time.” should be used. Lawson, however, said the current PFO law is Dr. Robert G. Lawson, who continues to teach only helping increase the state’s prison population, law at UK and recently completed a study of Ken- which is seven times greater than it was in the early tucky’s prison system, told the Interim Joint Com- 1970s when Kentucky’s PFO laws were first written. mittee on Judiciary that the state’s persistent felony Many of today’s inmates are substance abusers who offender (PFO) law was intended to be used rarely are facing harsher penalties for their crimes, Lawson for serious offenders and not to “jack up penalties,” said, but not being rehabilitated because of a lack of adding “…my fear is that it is used against non-dan- funding. gerous, non-serious offenders.” “The last prison we built cost $90 million,” “I feel like we have lost our sense of propor- Lawson said. “If you spend all that money to lock tionality at times so that the penalties we impose do them up, you aren’t going to have money available not fit the crimes,” he said. for (rehabilitation).” Disagreeing with Lawson was Fayette County Lawson said the fact that Kentucky’s inmate Commonwealth’s Attorney Ray Larson, who said population has already grown by 700 in the few statistics show that 44 percent of inmates released months since the state implemented a new release from prison in Kentucky will be back in prison with- policy that has freed around 1,500 inmates shows in a few years. Nationally, the recidivism rate is 67 Rep. Robin Webb, D-Grayson, talks with another lawmaker during more needs to be done. the Oct. 21 meeting of the Interim Joint Committee on Judiciary. percent, Larson said. Continued on page 2 Lawmakers urge drought, wind assistance for Kentucky by Rebecca Mullins the assistance they need. LRC Public Information “It will allow--upon a decision by the U.S Department of Agriculture and the administra- FRANKFORT – A state legislative com- tion--it will allow us to qualify for some loans mittee approved a resolution Oct. 8 asking the and programs in the event that there is drought federal government to financially help Kentucky assistance,” said McKee. farmers affected by drought and a September As of early October, the Palmer Drought In- wind storm. dex reported that the west, central and Bluegrass The resolution urges the U.S. Secretary regions of the state were in a moderate drought of Agriculture to approve a disaster assistance with severe drought conditions in East Kentucky. request made recently by Governor Steve Beshear Conditions improved slightly days later, when and Kentucky Agriculture Commissioner Richie weather reports show the state received rainfall Farmer for those farmers affected by drought and totaling between a half to three-quarters of inch a Sept. 14 wind storm left over from Hurricane in most areas of the state and around 2/10 of an Ike. Rep. Tom McKee, D-Cynthiana, who co- inch in southeast Kentucky, but more rain was chairs the Interim Joint Committee on Agriculture needed. and Natural Resources that approved the resolu- Sen. Ernie Harris, R-Crestwood, comments on testimony dur- ing the Oct. 8 Agriculture and Natural Resources meeting. tion, said it could help Kentucky farmers receive Continued on page 2 THE KENTUCKY GENERAL ASSEMBLY Drought Forestry concerns aired before panel by Rebecca Mullins “If we could craft some policy economic impact of the state’s $8.7 aid, page 1 LRC Public Information changes to address those blockers, we billion forest economy. feel like we could encourage those “Kentucky’s forests are only 25 The Palmer Index released in FRANKFORT – Legislation is woodland owners to become wood- percent as productive as they can be,” early Oct. indicates that the state needed to improve management of land owner-timber managers,” Corum Corum said. would need 4.98 inches of above-nor- woodlands by their owners, state law- said. One concern raised by Bob Bauer mal rainfall makers heard on Oct. 8 from several Corum is a constituent of Rep. of the Kentucky Forest Industries As- in West forestry groups. Rick Nelson, D-Middlesboro, who sociation is collection of fines assessed Kentucky, Jim Corum, president of the said that a meeting is scheduled in on loggers who are considered “repeat Frankfort on Nov. 20 to form a legis- bad actors” for neglecting to follow This is the 5.71 in Kentucky Woodland Owners Asso- C e n t r a l ciation, said Kentucky’s timber can lative task force on woodland issues. state regulations. Of $360,000 in fines second Kentucky, be improved by better management Nelson said the impact of woodlands assessed against loggers—mostly consecutive 5.19 in the by woodland owners, yet less than on Kentucky’s economy match coal repeat bad actors--Bauer said only 10 percent of owners do any manage- and farm production and needs to be around 10 percent has been collected. year Bluegrass region and ment because of the high financial risk addressed. When asked by Rep. Fred Nesler, for drought in 6.65 inch- and low reward. Corum told mem- “$4.6 billion is a lot of money,” D-Mayfield, why the fines haven’t the es in East bers of the Agriculture and Natural Nelson added, referring to the amount been collected, Division of Forestry Kentucky Resources Committee that legislation of sales revenue generated by Ken- Director Leah MacSwords said lo- Commonwealth. to end the addressing what he called “blockers” tucky’s forests each year. cating the loggers’ assets is difficult. c u r r e n t that discourage management could Progress has been made in Ken- Additionally, she said there is no pro- drought. persuade the state’s nearly half mil- tucky’s timber industry over the past vision in the law that prohibits those This lion woodland owners to improve decade since the Kentucky General who don’t pay the fine from logging. is the second consecutive year for their lands. Assembly passed the Kentucky For- Rep. Robin Webb, D-Grayson, drought in the Commonwealth, with The 5 blockers--determined by est Conservation Act, which primar- said the Division of Forestry is one southeast and south central Ken- consensus of a workgroup comprised ily affects loggers by requiring trained agency that has “borne the brunt” of tucky most hard-hit. of Corum’s association, the Kentucky “master loggers” to oversee logging a lean budget, which required cuts According to the resolution Forest Industries Association (KFIA), operations along with other regula- across state government. That needs to passed by the committee, the drought the state Division of Forestry and oth- tions. It does not, however, require as be taken into consideration, she said, has hurt corn and soybean yields er groups—include threat of wildfire, much responsibility from private for- during discussions about how current and is drying up the state’s hay crop, threat of disease and pests, nonmar- est owners, which concerns some. regulations are working. which feeds livestock in the winter ketable low-grade timber, threat of Corum said the workgroup be- “We need to look at the budget months. timber theft and “competitive disad- lieves improving the productivity of side of this to do this effectively,” said vantages.” private woodlands could double the Webb. Penal code, from page 1 “If we can’t find a way to reduce ville. the population and generate resources “You’re close to these problems to try to help these people I don’t think because it’s your profession,” Bratch- we’re going to improve things any,” er said, Lawson said. “I believe we mostly are speaking to making the people we are incarcerat- Professor ing worse, and I don’t think that helps “I believe L a w s o n . us.” we mostly “But (those Rep. Robin Webb, D-Grayson, an are making who aren’t), attorney, said several factors should be their phi- considered when deciding a person’s the people losophy is penalty, including mental illness and we are keep them addiction. incarcerating behind bars “There are also of things that so they come into play when we evaluate a worse, and don’t come person and their criminal history,” I don’t think and ruin my Webb said. that life again.” While Lawson said he did not T h e know what the best course of action helps us.” General As- should be, Larson explained that the s e m b l y ’s safety of everyone should be consid- Dr. Robert Lawson, S u b c o m - ered, adding “…(some) think it’s OK mittee on UK College of Law to let people out of prison as long as the Penal they don’t come to our neighbor- Code and hood.” Controlled People in other neighborhoods, Substance Act, which is working on however, share a different philosophy, revising the code, is expected to issue Interim Joint Committee on Judiciary Co-Chair Rep.