Strike Three, You’re Out: The “Safer Kentucky Act” Faces Criticism as it Approaches the Governor’s Desk
Blog Post | 112 KY. L. J. ONLINE | April 2, 2024
Strike Three, You’re Out: The “Safer Kentucky Act” Faces Criticism as it Approaches the Governor’s Desk
By: Robert Desper, Staff Editor, Vol. 112
Strike Three, You’re Out: The “Safer Kentucky Act” Faces Criticism as it Approaches the Governor’s Desk
The goal to crack down on crime has stood as a foundational principle guiding the evolution of legal frameworks and societal norms across the world, and to effectuate this goal, states often pass new criminal laws. However, these new criminal laws are often met with criticism. Lawmakers in the Commonwealth have recently proposed a legislative package known as the “Safer Kentucky Act,” aiming to address crime and public safety in the state.[1] The legislation has moved to the Governor’s desk as it recently passed the House on March 28, 2024.[2] Led by Representatives Jason Nemes and Jared Bauman, the Act introduces a variety of measures including the reinstatement of Kentucky’s "Three Strikes Law," heightened penalties for substance-related offenses, mandatory sentencing provisions, and a ban on homeless behavior.[3] While advocates tout the Act as a crucial step towards enhancing safety within the Commonwealth, critics argue that its punitive approach may exacerbate existing issues within Kentucky’s justice system.[4]
What is the Safer Kentucky Act?
The Safer Kentucky Act provides an array of legislative reform in the criminal sector, most notably it implements the "Three Strikes Law."[5] In short, repeat violent offenders, upon conviction of their third violent felony, will face life imprisonment without the possibility of parole or probation.[6] Another portion of this bill that has been met with criticism is its attempt to ban “unlawful camping.”[7] This new charge would make it illegal for homeless people to sleep anywhere not designated for sleeping or camping. Homeless people, in committing this crime more than once, could face up to 90 days in jail and $250 in fines for every offense thereafter.[8]
A few other provisions in the bill include:
Fentanyl-related deaths — Murder charges will be issued for individuals who distribute or deal fentanyl to individuals that ultimately succumb to fatal overdoses. Trafficking fentanyl will incur harsher penalties as well, aiming to deter the distribution of this deadly drug and combat the opioid crisis.[9]
“Madelynn’s Law” — Bail relief organizations are restricted in the bail amounts they can post and are prohibited from assisting individuals accused of violent crimes or held under certain court orders. This aims to prevent potential offenders from being bailed out and committing further crimes.[10]
“Jake’s Law” — Increases penalties for fleeing from police, aiming to deter such dangerous behavior and provide justice for victims like Jake Luxemburger, who lost his life in a police pursuit.[11]
"Protecting what's yours" — Grants business owners the right to use reasonable force to deter theft and offers civil and criminal immunity for doing so.
Attempted Murder and Juvenile Court Proceedings — Juveniles convicted of attempted murder will face longer minimum sentences, and attempted murder will be added to the list of violent offenses. Parents will be required to attend their child's juvenile court hearings, promoting accountability and parental involvement.[12]
Addressing School Violence — School employees are mandated to report threats or plans of violence to law enforcement, enhancing school safety measures.[1] [13]
The Act includes various other provisions, such as increasing penalties for vandalism, prohibiting the auctioning of murder weapons, and facilitating access to treatment for mentally ill convicts.[14]
What do the Critics Say?
Critics argue that the proposed “Safer Kentucky Act” reflects a resurgence of "tough on crime" policies reminiscent of the 1990s, characterized by measures aimed at increasing incarceration rates and imposing harsher penalties on offenders.[15] One notable example is the implementation of "three strikes" legislation across various states, including California, during this period.[16] While proponents of such policies often attribute declining crime rates to their enforcement, empirical research has cast doubt on their efficacy.[17]
Contrary to claims by proponents, recent studies have raised doubts about the effectiveness of "three strikes" laws in reducing crime rates.[18] While California witnessed a decline in crime, empirical analyses suggest that this trend began before the law's enactment.[19] Furthermore, the broad application of "three strikes" provisions has led to concerns about disproportionate sentencing and its impact on vulnerable populations.[20]
The Safer Kentucky Act's emphasis on punitive measures, such as mandatory sentencing and the criminalization of homelessness, raises significant concerns among critics. Research indicates that incarceration often perpetuates cycles of crime, particularly among marginalized communities, and fails to address the underlying social determinants of criminal behavior.[21] Moreover, the Act's reliance on the outdated "tough on crime" rhetoric overlooks evidence-based approaches to crime prevention and rehabilitation.[22]
Moreover, its provision criminalizing street camping in undesignated areas raises concerns amongst critics, particularly for the homeless community.[23] Advocates argue it's necessary to guide individuals towards support services, but critics fear it will exacerbate challenges faced by those experiencing homelessness.[24] This punitive approach overlooks the root causes of homelessness and may strain law enforcement resources, highlighting the need for compassionate and effective solutions.[25]
As Governor Beshear contemplates the implementation of the Safer Kentucky Act, it faces critical questions regarding the effectiveness and ethical implications of punitive criminal justice policies. While proponents advocate for a tough stance on crime, critics claim that empirical evidence suggests that sustainable solutions require a more nuanced approach focused on rehabilitation and community-based interventions. Ultimately, the success of the Safer Kentucky Act hinges on its ability to strike a balance between public safety and the protection of individual rights within the state’s justice system.
[1] Safer Kentucky Act, H.B. 5, 2024 Reg. Sess. (Ky 2024); Jessica Umbro, Senate committee passes House Bill 5: the ‘Safer Kentucky Act’, WKYT (Mar. 14, 2024, 5:18 PM), https://www.wkyt.com/2024/03/14/senate-committee-passes-house-bill-5-safer-kentucky-act/.
[2] Sylvia Goodman, The Kentucky General Assembly passes the Safer Ky. Act, Louisville Public Media (March 28, 2024, 3:25 PM), https://www.lpm.org/news/2024-03-28/the-kentucky-general-assembly-adopts-the-safer-ky-act.
[3] Sylvia Goodman, Sweeping anti-crime bill passes Ky. House committee, Louisville Public Media (Jan. 19, 2024, 6:00 AM), https://www.lpm.org/news/2024-01-19/sweeping-anti-crime-bill-passes-ky-house-committee.
[4] See generally, David Williams, Leaders of some Kentucky organizations say public safety bill targets the homeless, Spectrum News (Jan. 28, 2024, 11:05 AM), https://spectrumnews1.com/ky/louisville/politics/2024/01/27/strong-emotions-from-some-ky-organizations-over-controversial-safer-kentucky-act; See generally, John Cheves, Safer Kentucky Act would add thousands of state inmates. Is there room for them?, Lexington Herald Leader (Mar. 22, 2024, 7:06 AM), https://www.kentucky.com/news/politics-government/article286906840.html.
[5] Natalia Martinez, Kentucky would join 2 dozen states with ‘Three-Strikes’ law, WAVE (Jan. 26, 2024. 5:49 PM), https://www.wave3.com/2024/01/26/kentucky-would-join-two-dozen-states-with-three-strikes-law/.
[6] Id.
[7] Sylvia Goodman, Proposed anti-crime bill makes street camping illegal in Kentucky, Louisville Public Media (Jan. 2, 2024, 6:00 AM), https://www.lpm.org/news/2024-01-02/proposed-anti-crime-bill-makes-street-camping-illegal-in-kentucky.
[8] Id.
[9] See Safer Kentucky Act, supra note 1; Mary LeBus, The Safer Kentucky Act: What is it & what will it do?, Fox19 (Jan. 15, 2024, 1:27 PM), https://www.fox19.com/2024/01/15/safer-kentucky-act-what-is-it-what-will-it-do/.
[10] Id.
[11] Id.
[12] Id.
[13] Id.
[14] Id.
[15] HB 5 - "SAFER" KENTUCKY ACT, ACLU of Kentucky, https://www.aclu-ky.org/en/legislation/hb-5-safer-kentucky-act (last visited Mar. 29, 2024).
[16] James A. Ardaiz, California's Three Strikes Law: History, Expectations, Consequences, 32 McGeorge L. Rev. 1, 1 (2000).
[17] Thomas B. Marvell & Carlisle E. Moody, The Lethal Effects of Three-Strikes Laws, 30 J. Legal Stud. 89, 104 (2001); Peter W. Greenwood, Susan S. Everingham, Elsa Chen, Allan F. Abrahamse, Nancy Merrit, and James Chiesa et. al., Three Strikes Revisited: An Early Assessment of Implementation and Effects (1998) (This report was prepared for the national institute of justice funded by the U.S. Department of Justice to determine the effectiveness of Three Strikes Laws. The report concluded that the study did not provide strong enough evidence to conclude any positive effectaffect on crime from the Three Strikes Laws.).
[18] Id.
[19] Robert Nash Parker, Why California’s ‘Three Strikes’ Fails as Crime and Economic Policy, and What to Do, Calif. J. Politics Policy (2012).
[20] Elsa Y. Chen, The Liberation Hypothesis and Racial and Ethnic Disparities in the Application of California's Three Strikes Law, 6 J. Ethnicity Crim., 83 (2008).
[21] Id.
[22] Apoorva Joshi, Explainer: Three Strikes Laws and Their Effects, Interrogating Justice (July 23, 2021), https://interrogatingjustice.org/mandatory-minimums/three-strikes-laws-and-effects/.
[23] Mary LeBus, The Safer Kentucky Act: How the quick-moving bill could impact homeless communities statewide, Fox19 (Feb. 2, 2024, 1:48 PM), https://www.fox19.com/2024/02/02/safer-kentucky-act-how-quick-moving-bill-could-impact-homeless-communities-statewide/.
[24] Id.
[25] Id.