Glasgow Daily Times, Glasgow, KY

Local News

December 13, 2009

Stumbo explains ‘Amanda’ bill

GLASGOW — “It’s unfortunate that sometimes it takes a tragedy to bring things to people’s attention,” said Greg Stumbo, speaker of the Kentucky House of Representatives.

Stumbo was talking about the death of Amanda Ross, a 29-year-old woman, who died in September outside her home in Lexington.

Ross was allegedly killed by former lawmaker Steve Nunn, 57. Ross had taken out a domestic violence order against Nunn. Nunn is charged with murder in Ross’ death.

Amanda Ross Domestic Violence Prevention Act if passed would require someone who has a domestic violence order against, if ordered by a judge, to wear a global positioning system, that would inform law enforcement if the person had went too close to the home or workplace of the person who requested the order, their child or anyone else specifically mentioned in the order. Victims could also chose to carry a warning device that would let them know if the alleged abuser had gotten too close.

The bill would work in only the most extreme circumstances and would not be part of emergency protective orders, but would only occur after DVO, which require a hearing with both parties before a judge, Stumbo said.

“Research has shown that a DVO works in 85 to 90 percent of cases,” he said.

It would only be 10 to 15 percent of the cases, depending on the research that would need this extra level of protection, Stumbo said. The bill provides assesments that judges can use to determine if GPS monitoring is necessary.

“It will be a great electronic barrier that will provide protection,” he said.

In other states that are using the technology for domestic violence situations there has not been one victim murdered, Stumbo said.

The technology also is not new. The federal government uses similar technology for its home incarceration program and Fayette County uses it for about 100 individuals who have been released on parole, he said.

“We have the technology it’s already being used,” Stumbo said. “In Lexington, when there’s a burglary police are able to bring up and eliminate all the 100 people involved in this program or if one of them was at the location they can go and arrest them.”

The crime rate does go down amongst those who are being monitored, he said.

The bill also allows the court to order the person the DVO is against to pay for the monitoring cost.

The technology could also be used to save the state money, Stumbo said.

It would cost the state between $7 and $15 a day to use GPS technology to monitor individuals, meanwhile it costs any average of $50 a day to house an inmate in either a state prison or local jail, he said. There are a number of nonviolent offenders in Kentucky jails and prison who could be eligible for a GPS-monitored release program.

County’s could also use GPS to lower their costs of holding individuals prior to trial, Stumbo said. State law requires that counties pay the cost of incarcerating people who cannot make bond prior to trial.

GPS technology could be used to monitor some who can’t afford bond to get them out of jails, he said.

“The point of bond is to protect the public and this would do that,” Stumbo said.

The bill would give DVO petitioners a person to contact directly if the order had been violated. Violating a DVO is a misdemeanor for the first offense and then a class D felony anytime thereafter.

“There’s been a lot of bipartisan support for this bill,” Stumbo said.

Amanda’s bill is house bill 1 in the upcoming legislative session and has a total of 10 sponsors including Stumbo. The bill has been pre-filed as BR 251.

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