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FRANKFORT – A program that is expected to save the state around $12.5 million over the next two years by allowing inmates on parole supervision to receive credit toward their sentence--and final discharge from parole--drew comments from supporters and detractors before state lawmakers Tuesday.
A total of 1,016 inmates had been released as of Aug. 18 under the program, created by lawmakers during the 2008 Regular Session as part of Executive Branch budget bill House Bill 406, according to state Department of Corrections Commissioner LaDonna Thompson.
Any parolee who does well during parole supervision is eligible for the credits, not just nonviolent and/or nonsexual offenders, she said.
“It is for anyone who has been out a period of time on parole who did well during that period of time,” she told the Interim Joint Committee on Judiciary. “If they did not receive an additional (felony) sentence, and if they had not absconded, they receive the credit. Nothing (in the bill) was tied to the type of sentence they had.”
But the program concerns Kentucky Commonwealth’s Attorney Association President and Warren County Commonwealth’s Attorney Chris Cohron, who said his office has been flooded with calls from crime victims who worry how the provisions will affect them.
“We are tracking those who have come out,” he said. “Unfortunately, according to the statistical analysis, there is going to be reoffending. My main concern is to equip the public and court system going forward on what does a sentence mean? What does a 20- or 10-year sentence mean?”
Kentucky Justice and Public Safety Cabinet Secretary J. Michael Brown tried to allay concerns about the program by explaining that parole credit does not equal early release. In all situations, he said, the inmates are under the supervision of the department until that time that they would be eligible for discharge from prison through “minimum expiration”, or the minimum completion date, of their sentence without parole.
“The sentence is not being shortened,” said Brown. “No one has had a day cut off that they have not received some official credit for.”
Parolees also face stiff penalties—like denial of bond--for committing another felony or fleeing parole supervision, said Judiciary Committee Co-Chair Sen. Robert Stivers, R-Manchester, who said he is not sure the system could be any tougher beyond adding time to a person’s sentence.
“If someone commits another felony offense while on supervision there are ramifications,” said Stivers. “The deterrent there for a person who goes back a second time for violating these are pretty substantial.”
Still, Rep. Greg Stumbo, D-Prestonsburg, said he felt more deterrents could be added to strengthen the program—and public perception of it.
“I think there’s a perception problem, to some extent,” he said. “I think it’s a good program, but I do think there needs to be some deterrents…that if an individual violates parole, that maybe makes him ineligible for a second parole. There are some ways to tweak it.”
The program and other money-saving corrections provisions in HB 406 drew some heat from county judge-executives at the meeting for its impact on county budgets. Larue County Judge-Executive Tommy Turner said that the provisions could result in a “devastating” loss in revenue to counties, which rely on state inmate dollars to meet their jail costs.
Currently, counties collectively spend $130 million a year to balance their jail budgets, Turner said.
“The system we’ve created makes counties rely on inmate counts as feed lots rely on heads of cattle. It’s sad,” he added.
Also speaking before the committee against the provisions was Jo Ann Phillips with Kentuckians Voice for Crime Victims, who called the new system an “unfunded mandate” on victims. “The emotional devastation and tragedy incurred by these victims—I don’t hear that cost being discussed,” she said.
She was reassured by the committee’s Co-Chair Rep. Kathy Stein, D-Lexington, who made it clear that public safety is a legislative priority.
“We are taking clearly into account, number 1, the safety of the public,” said Stein.
According to Commissioner Thompson, the state will save approximately $12.5 million over the next two years from the release of the 1,016 former inmates under discharged already under the parole supervision credit program.
