Herald-Leader article about early release and HB 463

Early releases will put penal code reform to test - Lexington Herald-Leader

It has been nearly six months since the most sweeping changes to Kentucky's penal code in decades, but the first major test of the philosophy behind them will begin Tuesday when nearly 1,000 state prisoners are granted early release.

House Bill 463, the comprehensive and controversial overhaul that became state law June 8, was intended to save more than $40 million a year in Department of Corrections costs, with a large chunk of those savings being reinvested in community supervision and counseling programs to keep prisoners from ending up back behind bars on the taxpayers' dime.

The prisoners released Tuesday will be monitored by the department of probation and parole for the last six months of their sentences. If successful, the state could see millions of dollars in savings from the first batch of releases alone.

The average yearly cost to incarcerate a state prisoner in Kentucky is $21,906, according to data from the Department of Corrections. The average cost to supervise out-of-custody criminals is a fraction of that — $987.Savings probably won't be calculable until later this year, Kentucky Justice Cabinet Secretary J. Michael Brown said. Other portions of the bill are still works in progress.


Louisville Courier-Journal article about proposed amendments to PFOs

Public defenders seek changes to Kentucky repeat-offender law - Louisville Courier Journal

 

Prosecutors view the harsher penalties as a tool to crack down on career criminals and counteract the effects of early-release programs.

But since 1980, the number of state inmates sentenced under the PFO law has grown from 79 to more than 4,000, costing Kentucky taxpayers nearly $89 million in incarceration costs each year. Critics say that’s too much, given the state’s budget problems.

“We really can’t afford to continue this policy,” said Ed Monahan, head of the Kentucky Department of Public Advocacy.

The department, long opposed to the 35-year-old law, hopes to make its most forceful push to date for “modest adjustments” during the 2012 legislative session.

...

“Our major point is, this is costing Kentucky a lot of money and it is being applied to inmates who don’t fit the criteria of being incorrigible,” he said. “We ought to start to make modest adjustments that won’t in any way affect public safety.”

click here for complete article

 

 

Louisville Metro Corrections chief launches investigation into certification lapses

Metro Corrections chief launches investigation into certification lapses - Louisville Courier-Journal

Metro Corrections Chief Mark Bolton said Thursday that he has ordered an internal investigation to find out why four Breathalyzer technicians’ certifications had lapsed, jeopardizing the alcohol breath test results in about 600 local drunken-driving cases.

A preliminary investigation shows the technicians mistakenly believed they had been properly certified, Bolton said.

The Metro Department of Corrections said this month that the technicians mistakenly allowed their certifications to lapse in September and a system allowing employees to track their own certification would be replaced.

Editorials about Kerry Porter

Legislature, Supreme Court must address flaws that lead to wrongful convictions - Lexington Herald-Leader

The legislature and state Supreme Court must fix flaws in the system that led to Porter's and other wrongful convictions. Otherwise, more such errors and injustices will be inevitable.

This should be an urgent concern, not just for public defenders, but for all of law enforcement because convicting the wrong person lets the real criminal off the hook.

As is true of most wrongful convictions, a faulty eyewitness identification was at the heart of the case against Porter. This is not surprising as a growing body of science reveals the unreliability of eyewitness IDs.Police agencies should adopt model procedures for eyewitness identifications. Unless these procedures are scrupulously followed, the Supreme Court should exclude the use of eyewitness identifications by prosecutors.

 

Editorial | 14 stolen years - Louisville Courier-Journal

In 1997, Bill Clinton started his second  

term as president of the United States, 
Madeleine Albright became the first woman 
secretary of State, Steve Jobs was rehired 
by Apple, Princess Diana died in a car 
crash — and Kerry Porter went to prison 
for the murder of Tyrone Camp, a crime he 
insists he didn’t commit.

Fourteen years later, Mr. Clinton is a gray 
eminence on the world stage, Hillary 
Rodham Clinton (his wife) is the third 
woman secretary of State, Mr. Jobs died a 
legend beyond Apple, the late Princess 
Diana’s older son is married and nearing 
30 — and Kerry Porter was just released 
from prison for a murder others now 
believe he didn’t commit.

Last week, he spent the first night of his 
freedom, sleeping under the Christmas 
tree in his mother’s living room.


 

Kerry Porter - Kentucky Innocence Project Client Exonerated and Released

Kerry Porter, imprisoned for murder, is exonerated, freed after 14 years - Louisville Courier Journal 

After serving 14 years behind bars for a 
murder he insisted he didn’t commit, a 
stunned Kerry Porter learned Monday that 
he was exonerated and hours later was 
released from prison.

“He was virtually speechless,” said Melanie 
Lowe, who won Porter’s exoneration after a 
five-year battle.

“He said it was a lot to take in … and that 
he was a little nervous” about returning to 
the real world, she said. “He’s never held a 
cell phone or seen a flat-screen TV.”

Jefferson Circuit Judge Irv Maze signed an 
order dismissing Porter’s conviction and 
ordering him released “immediately and 
without delay” in the 1996 murder of 
Tyrone Camp.


 

Suspend Kentucky executions until system is reformed - Louisville Courier Journal Op-Ed

Suspend Kentucky executions until system is reformed: Ensuring justice must be our primary concern

As officers of the court and members of the bench and bar, we have a duty to uphold the law. We also have an obligation to use our skills, talents and expertise to ensure the fair administration of justice. We take that commitment very seriously. After reviewing too many areas in which we fall short in protecting against wrongful conviction and failing to ensure fair and accurate procedures, we agree with the team’s unanimous recommendation.

We are hopeful that our detailed report and analysis will be a call to action for reform of the death penalty system.

In Kentucky, we must reserve capital punishment for the most heinous of offenses and offenders; we have to make sure that we are getting it right. We owe the citizens of this commonwealth no less.

The Op-Ed is authored by Wm. T. (Bill) Robinson III, president of the American Bar Association and former president of the Kentucky Bar Association and James E. Keller and Martin E. Johnstone, former Kentucky Supreme Court justices and members of the Kentucky Death Penalty Assessment Team.

read the complete article

KY To Release 1,000 Inmates Six Months Early Under New Law - Louisville Courier Journal

996 Kentucky inmates get out early in new prison plan

Easing transition, fighting recidivism are main goals

Kentucky is poised to release nearly 1,000 inmates about six months early as part of a mandatory new program aimed at easing their transition back into the community, reducing recidivism and helping trim its corrections budget by about $40 million next year.

 By providing support in such areas as finding jobs and homes in their first few months outside prison, the new program — part of a major corrections overhaul passed earlier this year — attempts to lessen the chances that offenders will commit new crimes, Justice Cabinet Secretary J. Michael Brown said.

Call for Moratorium on Executions

KY Public Advocate and Louisville Metro Chief Public Defender Endorse the Call for a Moratorium on Executions and the Expeditious Implementation of the Reforms recommended by the ABA Assessment of the Kentucky Death Penalty

(Frankfort, Kentucky, December 7, 2011) Kentucky Public Advocate Ed Monahan and Louisville Metro Chief Public Defender Dan Goyette echoed today’s call by the American Bar association and the Kentucky Death Penalty Assessment Team for a suspension of executions in Kentucky until the recommendations in its December 7, 2011 report are fully implemented. Over the last two years, the Kentucky Death Penalty Assessment Team objectively reviewed the fairness, accuracy and reliability of Kentucky’s system for administering the death penalty. The review is thorough and scholarly. It was conducted by experienced, highly respected Kentucky criminal justice experts. It is a fact-based analysis supported by comprehensive, detailed evidence. It found major deficiencies that undermine the integrity of the system.


Today, Goyette and Monahan sent a request to the Governor asking that he not sign any execution warrants until the study’s reforms are put into effect. A similar request was submitted to the Attorney General asking that he not seek any execution warrants until the Kentucky Death Penalty Assessment Team recommendations are enacted.

See full press release here.

For more information and supporting documents, click here.