By Kelly McKinney
Register News Writer
RICHMOND —
Those found with small amounts of drugs in their possession in Kentucky may not spend a day in jail as a result of new laws that went into effect June 8.
The laws are designed to decrease the prison population and reduce incarceration costs, according to Gov. Steve Beshear. Experts estimate the new laws will save the state more than $420 million over the next decade.
The new laws make penalties less severe for those who are drug users or who sell small amounts of drugs, but more severe for those who traffic large amounts, said Richmond Police Chief Larry Brock. The money saved on incarceration costs for drug users will be reinvested into recovery programs to help addicts overcome their addictions, according to the new laws.
“I think one of the aspects of the drug laws is really to focus on treatment aspects over simply incarcerating people, ” said Madison Circuit Judge Jean Logue.
The new laws affect both how misdemeanor crimes are handled by police and how defendants are handled in court.
If the drug possession is a misdemeanor, police are now required to issue a citation, with a few exceptions, Brock said.
“Unless officers can articulate that one of the exceptions applies, they can’t make an arrest,” Brock said.
Exceptions are made when officers believe perpetrators will not show up to court or that they are a danger to themselves or others, or they fail to follow reasonable orders from the officers.
Sentencing
When sentenced, misdemeanor crime defendants likely will receive deferred prosecution or presumptive probation rather than jail time, Logue said.
With deferred prosecution, defendants are never actually convicted of the crime if they successfully complete treatment or other conditions the court dictates, Logue said. The maximum time frame for the deferment is two years, she said.
“They don’t have a conviction hanging over their heads,” she said, which will help them in their quest to stay sober and attain jobs.
The Commonwealth Attorney’s office has to agree to the deferred prosecution, or, if not, has to provide a reason, Logue said.
If deferred prosecution is not used, the court then has to give probation, with some exceptions.
Some of the new laws also affect felony drug trafficking. When people are caught selling a small amount of a drug, they are charged with a class D felony rather than a class C felony, Logue said. The maximum sentence for a class C felony is five years and for a class D felony is three years.
“I guess the theory is they would be selling to support their habit,” Logue said.
Bonds altered
Bonds for felony drug charges also are changed.
Unless defendants are a danger to someone or a flight risk, the judge must either release them on their own recognizance or set an unsecured bail, Logue said. An unsecured bail means an amount is set but not paid. Should the defendant not show up for court, the bond would have to be paid.
Logistics
Logue said everyone in the criminal justice system in the area has been working together to try to understand the new laws and how to apply them, but there still are some unknowns.
“I don’t know if the change is going to be that significant for us, but it’s going to take a little sorting out,” she said.
She said she is not sure how people under deferred prosecution will be monitored, or who will monitor them, and she doesn’t know how the treatment part of the law changes will work.
“I think the outcome of this bill is to develop more treatment centers, but, today, that’s not exactly in place,” she said. “So we’re going to have to work with what we’ve got.”
More treatment centers have opened across the state in recent years, but many have long waiting lists.
Potential effects
The police chief said the laws could be very effective if carried out as planned.
He said he does not believe drug users will be more likely than before to possess drugs, because they focus only on getting the drugs they need and not on potential consequences.
“Drugs are the most important thing in their lives,” he said.
Drug traffickers trying to make money, however, may be less inclined to practice their trade now that they may face stiffer penalties, Brock said.
The new law states that drug traffickers caught selling four or more grams of cocaine, two or more grams of heroine, or 10 or more doses of a controlled substance will be charged with first-degree drug trafficking, a class C felony for the first offense and a class B felony for the second offense.
This new drug amount requirement could cause increased costs for law enforcement to catch traffickers, Brock said. Undercover officers now will have to make more buys to establish a class C felony drug trafficking crime.
If the treatment part of the new laws are carried out, it will be a successful program, Brock said.
“I would argue that you probably don’t gain a great deal by incarcerating people addicted to drugs,” Brock said. “Treatment is probably the preferred method.”
But if that does not happen, the laws could make things worse, he said.
“Historically, when legislators in this country have made changes similar to this, and say they are going to invest money in treatment programs, it seldom happens,” the police chief said.
Logue said it is important to understand that violent offenses are not included in the new laws. The goal is to eventually reduce drug crimes by providing needed treatment.
“You have to balance that with the safety of the community,” she said.
Kelly McKinney can be reached at kmckinney@ richmondregister.com or 624-6694.
