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Frankfort, Ky. — Legislation to help drug offenders get pretrial treatment and avoid re-offending was approved unanimously by the Senate Judiciary Committee today.
Senate Bill 72, co-sponsored by Senate Majority Floor Leader Dan Kelly, R-Springfield, and Senate Democratic Floor Leader Ed Worley, D-Richmond, would allow arrested people to be treated for their drug problems before they go to trial.
"Right now we have a good substance abuse program in our prisons," Kelly said, but little support exists until they are convicted. In many cases, abusers may re-offend before their court date, leading to longer mandatory sentences.
"We have a catastrophic situation," Worley said, noting the state's prison population has risen 65 percent in the last decade. "The fastest-growing part of our prison population are non-violent drug offenders. We can't build enough jail cells in Kentucky to deal with all the people we're going to have with substance abuse problems."
Kelly noted that the state's prisons in 1970 would cost $50 million a year today, but skyrocketing prison growth means the state now spends $431 million annually.
"My interest in this isn't just the fiscal cost; it's the social cost," he said. "The fiscal issue, though, speaks to the urgency of the situation."
Under the plan, those charged with a felony would be screened for substance abuse problems before they appear for trial. At the trial judge's discretion, the offender could be ordered into a recovery program as a condition of bail.
If they completed the pretrial diversion program and did not commit any other offenses, the charges could eventually be dropped and no felony listed on their record.
The state corrections system would also set aside at least 200 beds in a secure facility for people who have been charged with a felony and have substance abuse issues. Prisoners in the program would voluntarily undergo intensive counseling and skills training to make sure they can overcome their addictions.
An aftercare plan would also be in place for each participant, including referral to a local substance abuse counselor, to make sure they stayed away from their vices upon leaving the facility.
