Lawmakers this week began tweaking the embattled early-release prisoner program that was enacted last year to help the state save money in the face of soaring deficits, and state officials, including the Pulaski County Commonwealth’s Attorney, are praising the changes.
The bill — which will continue the cost-cutting program but make violent and sexual offenders ineligible — sailed out of the House Judiciary Committee on Wednesday.
“I’m happy they (lawmakers) put in the restrictions about sexual and violent offenders,” said Pulaski Commonwealth’s Attorney Eddy Montgomery
The program, passed by lawmakers in April 2008, sparked a legal challenge from Montgomery and later Kentucky Attorney General Jack Conway. Both said the bill, which was passed in the budget bill, was unconstitutional and dangerous to the public. The bill has been applied to all prisoners who had previously served parole time, including violent and sexual offenders.
That original interpretation has allowed more than 2,000 inmates so far to benefit, including murderers and other violent offenders.
“They (lawmakers) rushed it through the budget bill,” Montgomery said. “They didn’t know what they were passing.”
Pulaski County Circuit Judge David A. Tapp handed down an injunction in September barring the early release program from being enacted in the 28th Circuit, which is made up of Pulaski, Rockcastle and Lincoln counties.
The bill will prolong the credit program, which will expire when the budget does in 2010, and along with the ineligibility restrictions for violent and sexual offenders, it will also exclude people returned to prison as parole violators for new felony convictions should it be passed unchanged.
The bill, if it becomes law, would override the early-release language in the budget.
In a phone interview Wednesday with the Associated Press, Conway praised the committee action to make the parole credit program off limits for violent and sex offenders. He wouldn't commit to dropping his lawsuit if the bill clears the General Assembly, saying he would want to see the final language.
“We are firmly convinced that the law is on our side in this matter,” Conway said.
Montgomery said the new version of the bill is an example of lawmakers making changes to the law in an appropriate way.
“If the people we elect want to change the law and do it the right way, I’m okay with it,” Montgomery said. Montgomery also said all-encompassing bills such as the original early release program do not serve to keep the public safe.
“That doesn’t protect the public,” said Montgomery.
Should it pass, the measure also will continue to make nonviolent felony offenders, sentenced to one to five years, eligible for parole after serving 15 percent or two months of their sentences, whichever is longer.
Such prisoners used to be required to serve at least 20 percent of their sentences before having their cases reviewed by the state Parole Board.
The Associated Press contributed to this article
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Montgomery pleased with early release changes
Bill makes violent, sex offenders ineligible for parole credit program
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