By Bill Estep
bestep@herald-leader.com
SOMERSET — A judge has continued his temporary ban on releasing inmates from a three-county area in Southern Kentucky under new parole rules that have been controversial.
After a hearing Wednesday, Circuit Judge David A. Tapp did not immediately decide whether to impose a longer-term injunction barring such releases — or whether to apply a ban statewide — but promised to rule soon.
The legal fight involves changes that give convicted felons more credit toward the time they get released from jail or from parole supervision. The legislature approved the changes this year.
The goal was to cut the state’s prison population to save money.
Commonwealth’s Attorney Eddy Montgomery urged Tapp to impose an injunction that could stay in place for months to bar releases from prison under the rules.
The Department of Corrections has released more than 2,000 people from jail, prison or parole supervision under the new rules since May. Many will commit new felony crimes within three years, Montgomery said.
“That is a real threat to society,” he said at the hearing.
However, Wesley W. Duke, an attorney for the Justice and Public Safety Cabinet, argued that Montgomery had not met the requirements to have Tapp issue a long-term injunction.
The potential harm Montgomery has pointed to in the releases is speculative, Duke said. Department officials said they haven’t been notified that anyone released under the new rules has committed a new violent crime.
“I think you have to show something beyond what might happen,” Duke told the judge.
He also argued that the new rules are legal and that the department is carrying them out as the legislature intended.
Montgomery sued last week to block releases under the new rules. Tapp issued a restraining order to block them until Wednesday’s hearing.
The issue at the hearing was whether to issue an injunction barring releases until Montgomery’s lawsuit is settled.
Why is there not an effort to focus on rehabilitation in the prison system?
because “my” taxpayer dollars are spent to incarcerate, not rehabilitate.
I love how they always call Eddy Montgomery a commonwealth’s attorney which is really just a nice way to say “state prosecutor”. Of course he is going to oppose early release because it is “job security” as long as they can keep the prisons full. The problem is our society has this idea that prison is rehabilitation and everyone that is in prison are monsters kept where they need to be. I am sure that if JESUS was on earth right now he would not be wasting his time with those who play church but would be visiting those who are in need of help. The truth is that prisons are full of moms, dads, brothers, sisters, cousins, aunts, and uncles. What Eddy Montgomery and Judge David Tapp need to think about is how their judgments are affecting the lives of those children who are not getting to see their moms or dads. They are left to be cared for by grandparents or strangers. True, the parents may not have been a positive influence before but if they would receive rehabilitation it might keep their children from making the same mistakes. Total rehabilitation of the Kentucky Department of Corrections is what is really needed!
Mr. or Ms. FLIP, the term “Commonwealth’s Attorney” is not “just a nice way” of describing a state prosecutor, it is the actual title of the position as used in the state Constitution.
I find it rather amusing that many Louisville Liberals feel that rehabilitation is what takes place in any prision or jail environment.
I also find it hilarious that FLIP is so concerned about those who are encarcerated as brothers, sisters, mothers, fathers, etc. I am sure those criminals were focused on being a mother, father, brother, or sister while they were committing whatever crime got them locked up to begin with.
The problem is society wants to point a finger at why people are the way they are or why they did what they did. Instead they need to hold people accountable for their own actions.
No one can blame me that is in prision for the action he/she took to get themselves there.
Not to mention that programs do not work. OBVIOUSLY or KY would not have the highest rate of people in jail compared to their population in the US.
Let’s get real. Stop blaming others for your stupid acts. Stop looking for a quick fix.
Not to mention going to jail and prision used to be punishment. Society used to not want to go there since it was such a horrible way of living etc.
Heck, most of these prisioners have the life. They live better than I do. I have made the right choices in life. Got an education. Work two jobs. But I can not live like those criminals do….Why should my taxes keep going up to create more programs for fellons?
If you ask me someone needs to wake up and realize that allowing criminals to set the standards for how we deal with them after they are in jail is never going to fix the problem!!!
“p*ssed off” said “because “my” taxpayer dollars are spent to incarcerate, not rehabilitate.”
Sir, or madam, “our” tax dollars would be far better spent on treatment for drug offenders (about $40 a day, while decresing redivisim) vs. incarceration ($80 ith increased risk to reoffend). There are countless studies that show this.
And “Knowledgable citizen” your statements are far more ignorant than knowledgable. You say “Not to mention that programs do not work. OBVIOUSLY or KY would not have the highest rate of people in jail compared to their population in the US.” We have more prisoners per capita than just about anywhere else in the US, because we spend less per capita on programs than anywhere else in the US. There is a “lock ‘em up they deserve it” mentality in the Commonwealth that is bankrupting our treasury and doing little but insuring the downward spiral will continue.
He who is without sin let him cast the first stone. None of us are perfect. There are 3 basic categories: Those who are completely innocent, those who have served enough time for the crime they committed, and those who will probably be taken off the planet. It’s not my call. Rehabilitation is important. Addiction is powerful - they need assistance. Most of the incarceration these days is about money and power. I pray everyday and give the world to God to handle - and it will be handled — soon. Those who have lied on people and they’ve spent numerous years in jail will soon be exonerated. People will lie on you to protect themselve or they make up laws as they go along. Once someone lies on a family of the law makers - watch the laws change with the quickness.
Well First and foremost God is they Answer but lets get real people are living in a dream world if they think all people in jail are bad lets see I believe Paul was in prison point being we have one judge and he has not returned yet, hope these prosecutors will have a answer on the day of his return it is nothing about rehab it is all about money look at unite very few raids for 5 months they get 3 million and they are off and running or ruining peoples lives again,They arrested one of the biggest dealers in KY in 2006 Spafford and he gets 2 years in a Lexington hospital oh yes he did spend a million dollars on his attorney and wow where did he get that money, Guss money again is what we are talking about not picking on swafford he has really changed but this should not be poor yo jail rest out to grace good real KY stop these prosecutors from the money they are spending and lives they are destroying or it will hit home to you soon enough then it will be to late unless you are loaded then you can buy your way out’
The issue here is not about the DOC or the convicts, it’s about the General Assembly and the law that was passed. Montgomery and the judge in question need to be aware of the fact that the legislature passed the law and they are bound by it. Oviously, the General Assembly acted within their power to set sentancing guidelines. If Montgomery and the judge don’t like the law, then they are limited to the same recourse as the rest of us: vote the representatives and senators who passed it out of office.
Rehabilitian is a concept with no proven record of success. The job of government is to protect the citizens. We should worry about the law abiders safety and not about the CRIMINALS. We now have the most generous parole requirements in the whole Country, why not just close all the prisons and let the liberals take in these lovely inmates in need of rehab. Step up liberals and volunteer your home to begin that wonderful rehab.
As a previous resident of Pulaski County, and indirectly been involved with the court system in that county, I am amazed at Mr. Montgomery resistance to this new amendment. I personally know of a few repeat offenders that are involved in drug and theft rings that have been let off the hook even if caught red handed. It seams this small rural area has kept its ties with long standing friendships from the past to interfere with its ability to “protect and serve”. This is the same area that one of its own Deputy’s shot the Sheriff in order to control the sheriffs office and the local drug and theft ring. I sincerely hope that this big headeness of the local officials may bring some investigation into some of the wrong doings in this area.
Go into the court room and sit and listen. Example: Gentlemen A gets caught selling an 80 oxycodone and having some in his possession, for which he was prescribed, yes its still wrong, he was led away from the court room with his breathing apparatus and 10 yrs. Gentlemen B gets caught with 10 oxycodone and numerous other pain killers. and because he is 2nd cousin to whoever and friend to such n such, charges are either dropped to trespassing or dismissed