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Monday, August 17, 2009

Another Common Sense Idea About Justice From Our Supreme Court Regarding The Jailing Of Non Violent Offenders.

Nonviolent offenders could avoid jail in Kentucky
By Stephenie Steitzer

The Kentucky Supreme Court on Monday announced a pilot project that could save counties an estimated $12 million a month by allowing thousands of people arrested for non-violent, non-sexual crimes to post bail immediately after they are arrested.

The project would set standard bail amounts for roughly 600 offenses, most of them misdemeanors, so defendants don't have to spend a night or weekend in jail waiting for a judge to set the amount for their release.

Individuals would then post bail and leave right away.

“It is designed to help Kentucky, not hurt Kentucky,” Justice Will T. Scott said.

In the next couple months, the court will pick the counties where it will test the new rules, which would apply mostly to first-time offenders and would include such crimes as marijuana possession, traffic offenses, hunting violations and shoplifting, Scott said.

It costs counties $30 to $50 a day to house individuals in jails. Scott said a nine-month period analyzed by the court found 13,000 defendants in jails who could've been released immediately under the proposed changes.

Scott said the other benefit to the project is to standardize bail amounts for certain offenses. Currently, judges decide bail amounts, which can vary greatly depending on the county.

Under the proposed change, judges could still decide to set bail higher than the standardized amount, but they would have to list a reason. That decision could be appealed.

Christopher Cohron, president of the Kentucky Association of Commonwealth's Attorneys, said the project “is a perfect example of instituting procedures that financially are going to make a huge impact on our jails but are going to pose only minimal risk to public safety.”

Cohron said state and local governments are struggling financially in the midst of a recession, and officials need to consider all options to reduce costs.

Campbell County Jailer Greg Buckler, who said he was told by one of the justices that his county could be a candidate for the pilot project, said he generally supports the concept, although he hasn't seen the details.

During the coming Labor Day weekend, Buckler estimates that about 30 people will have to spend the weekend in jail on less-serious offenses because a judge won't be on duty to set bail.

“If we can get somebody out, especially on weekends … that would save taxpayers some money on incarceration, plus leave more space for the ones that need to be in jail,” he said.

Marshall Long, executive director of the Kentucky Jailers' Association, told The Associated Press that his organization is reserving judgment until after the initiative has been tested.

“I don't oppose trying it,” Long said. “It if works, keep on doing it. If it doesn't, stop.”

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