FLORENCE– Boone Circuit Judge Anthony W. Frohlich believes a recent overhaul of Kentucky’s sentencing laws provides a blueprint for reform in the treatment of non-violent offenders.
HB 463, which went into effect in June, reduces jail or prison time for low-risk drug users who possess small amounts of illegal drugs. The legislation also encourages the courts to send minor drug offenders into rehabilitation programs instead of jail.
“One of the problems in the justice system is that the criminal population has changed but the way we deal with crime has not changed,” Judge Frohlich told members of the Florence Rotary Club at a meeting on Monday, December 12.
“We need a new model. This bill will kick-start how we deal with crime in the country” in the future, he added.
The Penal Code and Controlled Substances Act (HB 463) is designed to decrease the prison population, reduce incarceration costs and increase public safety. State officials estimate the sweeping reforms in the 150-page act will save $42 million a year over the next decade because of reductions in the number of non-violent offenders in jail.
Since 1974 crime has gone down but the prison population has gone up because of increases in drug convictions, according to Judge Frohlich. Incarceration costs about $22,000 per person, compared to $3,000 for drug treatment.
“There is a shift in emphasis from looking at the nature of the offense to the nature of the offender,” Judge Frohlich said. “The less risk, the less supervision …”
The shift in emphasis has changed pre-trial procedures on bail and sentencing options. Bail decisions previously hinged on providing assurance the accused would appear in court and not be a danger to the community if released. Judges now must consider a lot of other factors, such as “what happens to the person if released.”
Before issuing a sentence, the courts also must engage in a risk and needs assessment, according to Judge Frohlich. Will the person offend again? Engage in anti-social behavior? What will be the impact of association with other criminals if jailed?
“We are looking for alternatives to imprisonment,” Judge Frohlich said. “First-time offenders can be sent to treatment programs, not jail.”
The changes present some challenges. If a judge determines probation and rehabilitation are in order, the offender must be treated somewhere other than jail. However, neither funding for treatment nor a system to monitor the person may be available, Judge Frohlich observed.
Nonetheless, he believes the legislation is “a good move in the right direction.”
For information about the weekly meetings, guest speakers, and community service opportunities of the Florence Rotary Club, contact Pat Moynahan, president at amoynahan@insightbb.com or 859-802-0242. Visit the group’s website at www.florencerotary.org. Florence Rotary meets weekly on Mondays at noon at the Airport Hilton Hotel in Florence.
