On the Beat in the Bluegrass

By Beth Musgrave
bmusgrave@herald-leader.com

Franklin Circuit Court Judge Phillip Shepherd on Friday denied Attorney General Jack Conway’s request to immediately bar the Department of Corrections from releasing prisoners under a new parole credit program.

Shepherd, in his order, said the Attorney General could not show that a temporary restraining order was necessary. Tad Thomas, an assistant deputy attorney general, had argued during a Oct. 2 hearing that several people who have been released under the new program have already re-offended. But Shepherd, in his ruling, said that criminals often re-offend no matter when they are released from prison.

“The Attorney General’s filings also demonstrate that a certain percentage of prisoners will re-offend regardless of the time they are released, and no evidence was offered that there would be any net increase in crime as a result of the Department of Corrections’ interpretation of the budget bill,” Shepherd wrote.

But the fight over the new parole credit is far from over. Shepherd, in his order, said he will not make a decision on the merits of the program until he hears more from both sides. A hearing will be held on Nov. 10.

Conway, in a statement, said he was dissapointed that Shepherd did not immediately stop the program.

“We are disappointed that the court did not take immediate action by issuing a temporary restraining order
barring the early release of prisoners and parolees, but we appreciate the fact that Judge Shepherd acknowledged the merits of the case and its impact on public safety.”

At issue are changes that give credit to convicted felons for time they were on parole if they have to return to prison. That credit counts toward their release as time served, meaning they could be freed sooner than they otherwise would have been.

In court documents and during an Oct. 2 hearing, Thomas argued that the Department of Corrections was incorrectly interpreting the legislature’s intent when they enacted the legislation. The Department of Corrections should not be giving credit to people who were sentenced before the legislation became law. The Department of Corrections has argued that the General Assembly enacted the legislation to save the Department of Corrections money and ease over-crowding. Since August, the program has generated approximately $12.5 million through the early release of prisoners.

Conway’s lawsuit is the second suit to ask for an immediate stoppage of the program. Commonwealth Attorney Eddy Montgomery had filed a motion asking for an injunction and got one for Rockcastle, Pulaski and Lincoln counties. There is a motion pending to move that suit to Franklin Circuit Court, where it is likely that the two cases will be consolidated.