Budget woes let felons go

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May 16, 2008

Class D inmates may serve less time

By BRAD DICKERSON The Glasgow Daily Times Fri May 16, 2008, 03:48 PM CDT

GLASGOW — Class D felons may serve less jail time once the 2008-09 fiscal year budget for Kentucky takes effect on July 1.

A provision within the budget pertaining to parole states that a “nonviolent offender convicted of a Class D felony with an aggregate sentence of one to five years confined to a state penal institution or county jail shall have his or her case reviewed by the parole board after serving 15 percent or two months of the original sentence, whichever is longer.”

Previously, a class D felon would have to serve 20 percent of their sentence before being eligible for parole, according to Barren-Metcalfe County Commonwealth’s Attorney Karen Davis.

“I understand that this is a response to the budget concerns in Frankfort, but it gets frustrating when matters of public safety come down to the almighty dollar,” Davis said.

Felony inmate populations have been on the rise for a number of years across Kentucky. In 1970, that population was 2,838, according to “Issues Confronting the 2008 Kentucky General Assembly,” prepared by members of the Legislative Research Commission.

The felony inmate population grew to 19,703 by 2006 and 20,392 by May 2007. The 2008 corrections budget for Kentucky is $392.7 million, while the 1970 budget was $7 million.

Adjusted for inflation, the 1970 amount would be $37 million in 2007, according to the commission’s report.

Davis said she receives a report each month listing the inmates coming up for parole. This gives her a chance to contact the victims and inform them of the situation in case they want to contact the parole board and “put their two cents worth in.”

“In the past six months, the list has gotten longer,” Davis said.

She added that the new provisions are not items prosecutors are necessarily in favor of.

“We’re not for releasing people sooner,” Davis said. “These provisions have been set by folks in Frankfort.”

Her concerns also stem from a potential “backlash” against not only prosecutors, but also judges and defense attorneys if a class D felon is released and commits another crime.

“I hate to think that somebody’s getting out just because there’s not money to keep them in when they might truly be a danger and might truly cost the county more when it’s all said and done,” Davis said.

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