KYFREE & ACLU of KY JOIN TOGETHER TO CALL FOR CHANGES TO HB5
The Kentucky Forum for Rights, Economics and Education (KY FREE) and the ACLU of Kentucky join together to call for substantive changes to House Bill 5, The Safer Kentucky Act.
ACLU-KY and KY FREE released the following statement:
Both organizations appreciate the sponsors’ efforts to address violent crime in our state and commend their commitment to protecting Kentucky’s residents.
While we believe there are provisions within the legislation that will enhance public safety, others are based on failed strategies from the past. Increasing penalties and enhancements are unlikely to provide long-term, sustainable solutions that make Kentucky safer.
Additionally, without a detailed fiscal impact statement for HB 5, we can’t know what the increase in the taxpayer burden will be to support the “significant” corrections impact this bill will have, both on state and local government.
Removing the option for parole, for example, only guarantees an increase in Corrections costs, not an improvement in public safety. We believe it’s a mistake to consider this legislation without providing the public and the General Assembly ample opportunity to review a fiscal impact study.
Both organizations signed off on a position statement recommending the following changes to the legislation:
· “Three strikes” doesn’t deter crime. Strike the repeat violent offender enhancements. Instead, focus law enforcement and judicial resources on enforcing the current penalties for persistent violent offenders.
• Measuring recidivism is a good idea. Precise language will make it more effective and actionable.
· If “carjacking” is going to be defined in statute, it should distinguish between a 1st and 2nd degree offense.
· Enhancing “shopkeeper’s privilege” and “stand your ground” statutes will increase the possibility of violent encounters. Strike the HB5 provisions expanding them.
· The language regarding the murder of or attempted murder of a first responder needs clarity. Provide for the possibility of probation or parole to allow judges to determine if there are circumstances warranting them.
· Strike enhancement language related to knowingly distributing or selling fentanyl.
