KYFREE’s HB5 Testimony
Thank you Chairman & members of the Committee.
I’m Sarah Durand, the Vice President for Government Affairs with KYFREE, the Kentucky Forum for Rights, Economics and Education.
Our organization appreciates the sponsors’ efforts to address violent crime in our state and we commend your commitment to protecting Kentucky’s citizens.
As a center-right, fiscally conservative organization, one of our main concerns is the lack of a fiscal impact statement that provides sufficient clarity to consider the legislation.
Without those, we can’t know what will be the increase in the burden borne by taxpayers to support the state prison system. We believe it’s a mistake to consider this legislation without providing the public and members of the Committee enough time to review the corrections impact statement.
It's important to note, there are significant differences between the public safety challenges in urban areas and Kentucky’s rural counties. The consequences of HB5, intended and unintended, will impact communities in very different ways.
We do want to engage productively on this legislation and appreciate the bill sponsors and Chairman Elliot's willingness to have an open door to stakeholders.
Here are three recommendations we've made to improve HB5:
First, we understand that fentanyl is a problem that can’t be ignored - it’s taking too many KY lives. However, HB 5’s increase of penalties for a person who “knowingly” sells or distributes fentanyl ignores a unique problem in that it’s often unclear which drugs are cut with fentanyl. Users and distributors often don’t know - which is why overdose deaths are so high.
It also hurts Kentucky’s effort to save lives through the Good Samaritan Act that promises protection to individuals who provide emergency assistance to those in an overdose situation. This could unduly lead to more overdose deaths.
We recommend stepping up law enforcement efforts to stop fentanyl trafficking but striking the enhancement provisions related to “knowingly” distributing or selling fentanyl. We also recommend focusing efforts on harm reduction access as was done with decriminalizing detection strips.
Second, we recommend changes to the repeat violent offender enhancements. Removing the option for parole only guarantees an increase in Corrections costs, while not guaranteeing an improvement in public safety.
According to the National Institute of Justice, long sentences do little to deter individuals from committing crime. Instead, those serving time without the possibility of parole often present greater security risk to Corrections staff as they have no incentive to rehabilitate themselves. Men and women working in Corrections have an incredibly hard job. We shouldn't add more potential for harm in their workplace.
Last, we are concerned about the shopkeeper’s privilege section. Kentucky law already provides the ability for shopkeepers to detain someone they believe has stolen merchandise.
Adding language that allows for the use of “reasonable force” increases the potential for violent encounters with someone suspected of shoplifting.
The bill doesn’t define “reasonable force” for business owners or their employees and is likely to be interpreted differently depending on the individual. This will lead to encounters that put business owners, their employees and the public at greater risk of harm.
In closing, we appreciate many efforts made in this bill such as providing IDs for those reentering society from our prisons as well as efforts made by this body to increase prevention, treatment and resources to reduce substance abuse and address mental health issues.
Although we have concerns about important parts of this bill, we appreciate the sponsors' openness to our comments. And their desire to make Kentucky’s communities safer for our families.
