2000 to $451 million in 2009.35 There is
therefore no doubt that Kentucky prison
populations pose a serious social and
fiscal problem for all the citizens of the
Commonwealth.
Mix the out-of-control costs of
incarceration, plus the recent recession
that has hit Kentucky hard, the General
Assembly and the Courts have been
swift to take action. The idea that
incarceration is not always a "cost-efficient or cost-effective method of
dealing with lawbreakers"36 has permeated all levels of Kentucky
government. House Bill 463 (hereinafter "HB 463") passed in 2011 is a
perfect example of such, which has
brought about the reduction of punishments for many felonies in Kentucky.
Attacking mainly the drug possession
and trafficking statutes by reworking
punishment scales and reclassifying
felonious behavior, HB 463 was
designed to fundamentally change and
reduce prison and jail populations in
Kentucky, a goal that it will surely
accomplish moving forward.
The Blackburn Court, by applying
the cap statute to felonies committed
while on probation and parole, will have
a similar impact on prison populations
in the long run. It is not uncommon for
people to be on probation and commit
multiple crimes, especially in the drug
context. With the lessened penalties for
drug felonies and preference for supervised probation/parole instead of
incarceration, more people are going to
be on probation or parole than ever
before. The Devore rule, if it had been
left in place or at the discretion of the
jury, could have been a major factor in
further overpopulating the prisons in the
face of a concerted effort to reduce
inmate populations.
ENDNOTES
1. Blackburn v. Com., 2011 WL
6543053 (Ky. Dec. 22, 2011).
2. Devore v. Com., 662 S.W.2d 829
(Ky. 1984).
3. KY. REV. STAT. § 533.060(2)
(2012).
4. KY. REV. STAT. § 532.110(1)(c)
(2012).
5. KY. REV. STAT. § 532.080(6)(b)
(2012).
6. Hunt v. Com., 619 S.W.2d 733, 734
(Ky. 1981)
7. Id.
8. Devore, 662 S.W.2d at 831.
9. Id.
10. Peyton v. Com., 253 S.W.3d 504,
509 (Ky. 2008).
11. Id.
12. Id. at 511.
13. Id.
14. Id.
15. Id.
16. Peyton, 253 S.W.3d at 511.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
Id.
Id.
Id.
Id.
Id.
Peyton, 253 S.W.3d at 510.
Blackburn, 2011 WL 6543053 at
*5.
Id. at *1.
Id. at *4.
Id.
Id. at *5.
Gibbs v. Com., 208 S.W.3d 848,
855 (Ky. 2006), overruled on other
grounds by Padgett v. Commonwealth, 312 S.W.3d 336 (Ky.
2010).
Blackburn, 2011 WL 6543053 at
*5.
Id.
Id.
John Cheves, Proposals to Cut Ky.
Prison Population Expected Tuesday, LEXINGTON HERALD-LEADER,
Jan. 16, 2011, available at
www.kentucky.com/2011/01/16/16
00539/proposals-to-cut-kentuckyprison.html.
Cost of Incarcerating Adult Felons,
KENTUCKY LEGISLATIVE RESEARCH
COMM'N, RESEARCH REPORT NO
373, at 1 (Dec. 10, 2009).
Id.
Id. at 3.
Id. at 4.
Efficient and Effective Dispute Resolution
Arbitration and Mediation
Construction and General Business Disputes
Stephen E. Smith
Jan West
AAA Mediator and Arbitrator
35 years in Construction Law
AAA Commercial Panel Arbitrator
FINRA (formerly NASD) Arbitrator
Goldberg Simpson, LLC
9301 Dayflower Street
Prospect, Kentucky 40059
(502) 589-4440
January 2013 Bench & Bar 21