Kentucky Passes Bill That Reduces Sentencing for Drug Possession

June 16, 2011

Kentucky Passes Bill That Reduces Sentencing for Drug Possession

In an effort to lower inmate populations, reduce incarceration costs and focus more on drug trafficking than possession, Kentucky recently enacted HB 463, the Public Safety & Offender Accountability Act. The Legislative Research Commission estimates it will save the state $422 million in incarceration costs in the next ten years.

The new law reduces jail time for low-risk prisoners who were convicted of possession of small amounts of illegal drugs. Except for those also convicted of violent crimes, the new law will focus more on jailing dealers than those possessing drugs.

The Pew Center on the States, a nonprofit focusing on identifying and advancing state policies, praised the law in a press release noting the new bill "puts Kentucky at the forefront of states advancing research-driven, criminal justice policies designed to protect public safety, hold offenders accountable and control corrections costs." Kentucky had the highest incarceration rate in of any state in 2009, and spent $513 million imprisoning convicts in 2010, according to the Pew Center on the States.

Governor Beshear signed the bill into law on March 3, 2011. The state Senate passed the bill unanimously, and the House passed the law by a vote of 96 to 1.

Details of the Bill

Among other provisions, the Department of Corrections will now use the savings created by the program for treatment for those using illegal substances.

Other features of the new bill include:
-A greater supervision of prisoners reentering the community in order to reduce repeat offenders
-Distinguishing between simple drug possession and commercial trafficking, with a focus on keeping dealers in jail

Drug Crimes Still Prosecuted

While these much-needed reforms of Kentucky's drug crime sentencing laws are widely applauded, the state will still prosecute drug crimes aggressively. The bill does not make drugs legal, and it is still a felony to possess illegal drugs in small amounts other than marijuana (which is a misdemeanor). If you have been charged with a drug crime, contact an experienced criminal defense attorney who can defend your rights.

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