Justices will hear parole credit case

State News

Discussion

May 18, 2009

By RONNIE ELLIS The Glasgow Daily Times Mon May 18, 2009, 10:29 AM CDT

FRANKFORT — The Kentucky Supreme Court will hear arguments about the legality of allowing parole credits to count toward sentence completion of state felons and continued a stay of a Pulaski Circuit Judge ruling the program is unconstitutional.

The court will hear arguments in the case on Aug. 19 in the court chambers in the state capitol.

Lawmakers inserted language in the budget passed in 2008 which allows the state to credit state inmates for time they previously served on parole before committing parole violations and being returned to prison or jail. The idea was to save money and space during tight state budgets and in the face of exploding corrections costs and inmate populations.

But Pulaski Commonwealth Attorney Eddy Montgomery filed suit in Pulaski Circuit Court contending the release program violated the state constitution because the Department of Corrections applied its provision retroactively. Judge David Tapp ruled in favor of Montgomery’s motion, but initially applied his ruling only to the 28th Circuit covering Pulaski, Rockcastle and Lincoln counties.

Subsequently, state Attorney General Jack Conway filed a similar suit in Franklin Circuit Court seeking to ban the program statewide but Franklin Circuit Judge Phillip Shepherd ruled in favor of the state. Then last month, Tapp ruled that his ban applied statewide.

DOC Commissioner Ladonna Thompson appealed and a Court of Appeals Judge stayed Tapp’s ruling until the Supreme Court decided whether to take up the appeal.

On Wednesday afternoon Chief Justice John Minton signed an order transferring the matter to the Supreme Court and continuing the stay of Tapp’s ruling.

Justice Cabinet Secretary J. Michael Brown told CNHI News Service on April 21 the state had released about 1,350 prisoners from incarceration or parole supervision under the program at a savings of approximately $15 million.”

Ronnie Ellis writes for CNHI News Service and is based in Frankfort. Reach him at rellis@cnhi.com.

Text Only

State News

EVENING UPDATE: Supreme Court: Lawmakers to run in old districts
Legislative candidates will have to run in decade-old districts in this year’s elections, the Kentucky Supreme Court ruled Friday afternoon.

February 24, 2012
Stivers withdraws pseudoephedrine bill
In a move that surprised both supporters and opponents, the sponsor of a bill to require prescriptions for medications containing pseudoephedrine withdrew the bill in the state Senate Thursday.

February 23, 2012
Gambling talk, cold medicine dominates week
First it was redistricting which dominated every conversation in the 2012 General Assembly. Lawmakers couldn’t resolve that issue and it’s now before the state Court of Appeals which is expected to seek to transfer the case to the state Supreme Court.

February 17, 2012
Drug bill clears committee
It took some blunt testimony and visual evidence and the vote was close, but the Senate Judiciary Committee passed out a bill Thursday to require prescriptions for the purchase of products containing pseudoephedrine.

February 16, 2012
Senate committee looks at constables
A state Senate committee revised a proposed constitutional amendment which would have eliminated the office of constable Wednesday, choosing instead to offer a statute to allow local governments to define constables’ duties through ordinance.

February 16, 2012
Medicaid managed care groups reassure committee
Medicaid managed care organizations went before a restive Senate committee whose members have been bombarded with complaints from providers about late payments for Medicaid services.

February 16, 2012
Gambling amendment introduced
Gov. Steve Beshear and Republican Sen. Damon Thayer on Tuesday announced the much anticipated gambling amendment they hope to push through the legislature, an amendment that would allow up to seven casinos, five at existing horse racing tracks.

February 15, 2012
Activists gather to protest mountaintop removal
Their message was clear, though not everyone agrees with it.

February 15, 2012
Kentucky pharmacists unhappy with rates
A roomful of Kentucky pharmacists Monday made clear their dissatisfaction with some of their reimbursement rates under the newly implemented Medicaid managed care system before a legislative committee.

February 14, 2012
LRC appeals to Supreme Court
A lawyer for the governing arm of the state legislature has filed an appeal asking the state Supreme Court to dissolve a Franklin Circuit Court temporary injunction that 2012 candidates for the legislature run under 2002 district lines and set aside its ruling that the new district lines passed this year are unconstitutional.

February 14, 2012
More State News Headlines

State News

Search Results

Discussion

Justices will hear parole credit case

Site Map