created a large minimum security
unit for female offenders, a first in
the history of the department.
• And while the inmate count hasn't
dropped to the level projected by
HB 463 yet, it is well below the
pace forecasted by the 2008 Pew
report, which concluded that "absent
a change of direction, projections
show the inmate count will continue
to rise to nearly 31,000 — an
increase of 40 percent — over the
next decade."16
For all the legislative and policy
changes implemented over the past 41/2
years, more still needs to be done to reign
in corrections spending. House Bill 463
makes headway, although it did little to
impart real penal code reform necessary
to combine evidence-based strategies
with criminal justice responsibilities.
Many of the recommendations arising from a review of HB 463's first year
have centered on the need to revisit
Kentucky's felony classification system,
and determine if the four classifications
that have been used for the past 40
years adequately correspond to modern
crime trends and practical applications.
In addition, there is broad consensus
that it's time for a thorough review of
Kentucky's parole system. Those discussions are ongoing.
So, has this beast been tamed? Well,
he is not doing tricks, but we have definitely taught him to heel.
ENDNOTES
1. The Pew Center on the States,
"One in 100: Behind Bars in Amer-
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
ica 2008," (Feb. 28, 2008).
KRS 15A.075.
" Justice Secretary J. Michael
Brown, Criminal Justice Reform,
Review of Kentucky's Criminal
Justice System," (Dec. 1, 2008).
Data provided by Department of
Corrections to The JFA Institute for
population projections, July 17,
2012
James Austin & Roger Ocker,
"Kentucky Parole Board Risk
Assessment," (Jan. 27, 2009).
Id.
The Pew Center on the States, Public Safety Performance Project,
http://www.pewstates.org/projects/
public-safety-performance-project328068
James Austin, "Kentucky Prison
Population Trends," (Aug. 23,
2007).
Justice Secretary J. Michael Brown,
Presentation to Interim Joint
Appropriations and Revenue Committee (July 26, 2012).
Data provided by Kentucky State
Police, Strategic Planning Branch,
Oct. 23, 2012.
KRS 439.3406.
Kentucky Office of.State Budget
Director, Department of Corrections estimate, savings to date from
Mandatory Reentry Supervision
(Jan. 1, 2012 – Aug. 21, 2012).
Kentucky Criminal Justice Council,
"HB 463 Implementation Report
(October 1, 2012).
KACo/ Judge Executive Report,
Kentucky Criminal Justice Council,
Forensic Psychology Services
Harwell F. Smith Ph.D.
• CRIMINAL R ESPONSIBILITY
• COMPETENCE TO STAND TRIAL
• PERSONAL INJURY EVALUATIONS
• I NDEPENDENT PSYCHOLOGICAL EVALUATION
• DISABILITY EVALUATIONS
• EXPERT OPINION OFFERED TO DEFENSE OR PROSECUTION
30 years experience.
Over 50 court appearances.
Special interest in criminal cases involving mental condition at the
time of the incident Ñ performed more than 500 of these evaluations.
859.276.1836 ¥ 2201 Regency Rd. #501 ¥ Lexington, KY 40503
10 Bench & Bar January 2013
Board Certified
Clinical Psychologist
"HB 463 Implementation Report"
(Oct. 1, 2012).
15. Administrative Office of the Courts
Report, Kentucky Criminal Justice
Council, "HB 463 Implementation
Report," (Oct. 1, 2012).
16. The Pew Center on the States,
"One in 100: Behind Bars in America 2008," (Feb. 28, 2008).
17. KRS 15A.075.
J. Michael
Brown was
named Secretary
of the Justice
and Public
Safety Cabinet
by Governor
Beshear in
2007. The
appointment returns Secretary
Brown to a longstanding role in
public service. A former district
court judge in Jefferson County, he
was law director for the City of
Louisville, an assistant commonwealth attorney, and served on the
board of the Louisville Regional Airport Authority for 12 years – six as
the board's chair. Brown enrolled at
the University of Louisville School
of Law, where he earned his law
degree in 1979. He has practiced
in various areas including labor and
employment, airport and aviation
law, administrative law, entertainment and commercial litigation. He
has served as a partner at the
Louisville law firms of Stites and
Harbison and Wyatt, Tarrant and
Combs. He was elected the first
African American president of the
Louisville Bar Association, and
chaired the Kentucky Bar Association's Task Force on Minorities. He
is a current member of KBA's Ethics
Committee, and has served as a
member of the University of
Louisville Board of Overseers and
the board of directors of Big Brothers/ Big Sisters. Secretary Brown
has was selected as the Brandeis
School of Law Alumni Fellow in
2000, and was named a Henry Toll
Fellow in 2011. Secretary Brown
and his wife, Joan, live in
Louisville.