State Court Halts New Parole Eligibility Rules, Possible Problem With Retroactivity Cited.
Read more from Bill Estep, or excerpts below:
SOMERSET — A circuit judge in southern Kentucky has temporarily barred the state from releasing some convicted felons from prison or parole supervision.
The order by Circuit Judge David Tapp applies only in his three-county circuit — Pulaski, Lincoln and Rockcastle counties — but the case has the potential to lead to a broader challenge of a new state program under which more than 2,000 people have been released from prison or parole supervision.
The legislature approved a provision this year under which felons who violate parole rules and have to go back to jail get credit against their remaining sentence for the time they were out on parole.
Before, if a person sentenced to five years had served one year and been on parole two years before being revoked and jailed, he would have the remaining four years of his original sentence to serve.
Under the new provision, he would get credit for the two years on parole, leaving two years to serve.
People on parole also get credit for earlier successful time on parole, so that they are released from supervision sooner under the new rules.
The legislature approved the changes to try to reduce the state's prison and parolee population in order to save money.
The rules apply retroactively, meaning a person could get credit for time spent on parole before the new rules were adopted.
Commonwealth's Attorney Eddy Montgomery, who serves Pulaski, Lincoln and Rockcastle counties, filed a lawsuit Monday arguing that the new parole-credit rules are unconstitutional because they don't apply equally to all convicted felons. The rules also are illegal, in part because they were applied retroactively, Montgomery argued.
...
Montgomery asked Tapp to declare the new rules unconstitutional and issue a temporary injunction barring the retroactive application of parole credits to release any more people from prison or parole.
He also asked that people already released be put back in jail or on supervision.
Tapp quickly granted a restraining order. It bars the state from releasing any more convicted felons from the circuit from prison or supervision based on any change caused by the retroactive application of the new rules.
SOMERSET — A circuit judge in southern Kentucky has temporarily barred the state from releasing some convicted felons from prison or parole supervision.
The order by Circuit Judge David Tapp applies only in his three-county circuit — Pulaski, Lincoln and Rockcastle counties — but the case has the potential to lead to a broader challenge of a new state program under which more than 2,000 people have been released from prison or parole supervision.
The legislature approved a provision this year under which felons who violate parole rules and have to go back to jail get credit against their remaining sentence for the time they were out on parole.
Before, if a person sentenced to five years had served one year and been on parole two years before being revoked and jailed, he would have the remaining four years of his original sentence to serve.
Under the new provision, he would get credit for the two years on parole, leaving two years to serve.
People on parole also get credit for earlier successful time on parole, so that they are released from supervision sooner under the new rules.
The legislature approved the changes to try to reduce the state's prison and parolee population in order to save money.
The rules apply retroactively, meaning a person could get credit for time spent on parole before the new rules were adopted.
Commonwealth's Attorney Eddy Montgomery, who serves Pulaski, Lincoln and Rockcastle counties, filed a lawsuit Monday arguing that the new parole-credit rules are unconstitutional because they don't apply equally to all convicted felons. The rules also are illegal, in part because they were applied retroactively, Montgomery argued.
...
Montgomery asked Tapp to declare the new rules unconstitutional and issue a temporary injunction barring the retroactive application of parole credits to release any more people from prison or parole.
He also asked that people already released be put back in jail or on supervision.
Tapp quickly granted a restraining order. It bars the state from releasing any more convicted felons from the circuit from prison or supervision based on any change caused by the retroactive application of the new rules.
Labels: Crime, Kentucky politics, Punishment
posted by KYJurisDoctor at 9:23 PM
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