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From YouTube: Interim Joint Committee on Local Government (6-21-22)
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A
A
If
the
representatives
of
the
department
of
corrections
would
please
come
forward,
we'll
get
you
all
started.
First
purpose
here
was
obviously
house
bill.
211
was
filed
during
the
last
legislative
session.
We
had
an
infor,
an
informational
hearing
near
the
end
of
february
during
the
session.
At
that
time,
the
corrections
impact
statement
was
not
ready.
A
It
got
ready,
I
think,
towards
the
middle
first
part
of
march
somewhere
along
in
there
and
so
wanted
to
get
your
all's
testimony
with
regards
to
the
corrections
impact
statement
on
the
record
as
we
move
forward
and
possibly
talk
about
this
issue
again
in
the
future.
C
B
A
A
E
F
E
Okay,
chairman
meredith
and
members
of
the
committee,
thank
you
for
inviting
us
here
this
morning
and
giving
us
the
opportunity
to
discuss
the
impact
of
2022
house
bill
211.
under
the
current
law.
The
time
spent
in
custody
prior
to
sentencing
is
a
cost
that
is
incurred
by
the
county
that
houses
the
inmate
in
their
jail.
Now
under
krs-431-215.
E
The
jail
will
receive
a
payment
for
each
day
the
person
spent
in
custody
from
the
date
they
were
arrested
until
the
date
that
they
were
sentenced
now
time
spent
in
custody
prior
to
sentencing
is
what
is
commonly
referred
to
as
jail
credit,
all
right,
krs
53212
mandates
that
the
department
of
corrections
apply
jail,
credit
to
every
felony
sentence
of
imprisonment
if
the
defendant
spent
time
in
custody
prior
to
sentencing
as
a
result
of
the
charge
that
culminated
in
that
sentence
so
because
of
the
unique
wording
in
house
bill
211,
the
jails
are
going
to
receive
payment,
regardless
of
whether
the
defendant
is
sentenced
to
incarceration
or
if
they
receive
probation
and
the
specific
wording
that
that
mandates.
E
There
are
only
three
authorized
sentences
for
a
felony
conviction:
it's
either
death
incarceration
or
a
fine,
and
the
judge
determines
which
sentence
is
appropriate
based
on
the
severity
of
the
crime
that
they
were
convicted
of,
because
of
that
statute,
our
courts
have
held
that
probation
by
itself
is
not
a
sentence
because
it
does
not
meet
the
requirements
of
that
statute.
It's
not
the
equivalent
of
death
incarceration
or
a
fine.
E
Therefore,
even
though
a
defendant
may
ultimately
be
released
onto
probation,
he
must
first
be
given
an
underlying
sentence
of
incarceration
in
order
to
comply
with
532.030
that
underlying
sentence
of
incarceration
is
going
to
include
jail
credit
that
then,
must
be
reimbursed
to
the
jail
under
this
bill.
So
that
is
why
our
corrections
impact
statement
included
an
estimate
based
on
the
number
of
people
sentenced
to
incarceration
and
the
number
of
people
sentenced
to
probation
before
we
get
into
the
cost
breakdown
for
the
bill.
E
One
thing
that
I
wanted
to
point
out
is
when
we
submitted
our
impact
statement
in
march
whenever
it
was,
we
estimated
that
the
annual
cost
of
this
bill
would
be
between
112
and
138
million
dollars
for
days
spent
in
custody
prior
to
sentencing.
E
E
E
E
E
For
people
sentenced
to
probation,
we
don't
currently
have
a
method
that
tracks
the
number
of
days
of
jail,
credit
for
people
sentenced
to
probation.
So
we
had
to
come
up
with
an
alternative
method
to
calculate
for
that
population
and
what
we
previously
provided.
You
was
two
different
estimates:
the
first
one
we
looked
at
that
same
five
years
worth
of
data
so
for
2017
to
2021
there
was
an
average
of
129
129.4
days
of
jail
credit
for
people
sentenced
to
incarceration.
E
E
The
second
estimate
we
gave
you
for
people
on
probation
was
just
using
data
from
2021
as
a
standalone
year
and
the
reason
we
chose
to
do
that
is
because,
while
we
were
running
these
estimates,
we
recognized
that
the
numbers
for
2021
were
much
higher
than
all
of
the
previous
years.
So
in
2021
there
were
more
individuals
placed
on
probation,
but
at
the
same
time
we
also
saw
a
higher
number
of
average
days
of
jail
credit.
E
At
this
point.
We
don't
know
if
that
is
just
an
anomaly
due
to
covid
or
if
that
is
going
to
be
the
current
trend
going
forward.
So
we
wanted
to
make
you
all
aware
of
that
unique
set
of
data,
so
in
2021
the
number
of
days
spent
in
custody
prior
to
sentencing
increased
to
173.5
days
it's
about
an
additional
44
days
over
the
previous
years.
E
E
So
our
estimate
for
people
placed
on
probation
based
on
the
increase
per
diem
is
going
to
range
from
54
million
to
83
million
additional
plus
the
cost
for
the
people
placed
on
incarceration
sentenced
to
incarceration,
and
so
that's
how
we
broke
down
those
estimates
that
we
provided
you
and
now
I'm
going
to
turn
it
over
to
amanda.
Who
is
going
to
discuss
the
changes
that
doc
will
need
to
make
to
implement
this
bill.
F
So
additional
changes
for
implementation
for
house
bill
211
will
require
us
to
make
a
change
to
the
kentucky
offender
management
system.
That's
our
system
that
we
house
all
the
inmate
and
probation
information.
Client
information
changes
to
that
system
would
allow
us
to
do
invoicing
for
jail
credit.
Only
each
offender
could
potentially
have
multiple
invoices.
All
of
their
time
is
not
always
spent
while
earning
jail.
Credit
in
one
particular
jail.
F
So
we'll
need
to
change
the
process
of
how
we
record
the
jail
credit
to
give
probation
and
parole
an
option
to
identify
a
certain
number
of
days
were
spent
in
jefferson
county.
A
certain
number
of
days
were
spent
in
fayette
county,
so
each
jail
gets
their
pay
for
those
individual
days.
So
a
change
would
be
required
to
the
kentucky
offender
management
system.
The
functionality
exists
currently
to
process
invoices
for
housing
of
the
state
inmates
for
program,
completion
and
program
attendance,
so
that
functionality
would
be
very
similar.
F
We
would
just
need
a
separate
set
of
invoices
to
run
for
jail
credit.
Additionally,
we
would
need
one
offender
information,
specialist,
two
position
to
process
the
credit
on
a
process.
The
credit
invoices
on
a
monthly
basis
that
position
is
the
grade
12
with
the
annual
salary,
I'm
starting
it
just
above
31
000..
F
What
the
process
looks
like
for
a
monthly
basis
to
provide
the
invoices
and
make
sure
the
jails
are
paid
in
a
timely
manner.
Each
month,
invoicing
will
be
ran
for
all
offenders
who
have
jail
credits
and
who
have
had
their
sentence:
calculation,
officially
reviewed
and
audited.
We
want
to
make
sure
that
they're
audited
those
days
are
100
accurate.
So
when
we
implement
payments,
they're
not
getting
overpayment
but
they're,
also
not
getting
shorted,
we
the
the
way
we
process
the
invoices
currently
for
housing
and
for
program,
completion
and
attendance
we
run
one
month
behind.
F
So
the
plan
would
be
any
cases
that
are
audited
this
month.
The
jail
credit
would
be
invoiced
and
the
jails
will
receive
payment
in
the
following
month,
and
that
would
continue
a
couple
of
things
that
we
foresee
a
potential
delay
in
some
payments,
not
all,
but
some
we
continue
to
have
some
issues
to
get
the
required
sentence.
Documents
from
the
courts.
Part
of
this
is
due
to
covid
short
staffed.
F
A
I
have
just
a
couple
of
follow-up
questions,
just
to
make
sure
I'm
clear
on
a
couple
of
things
for
the
21
year
allison
you
gave
me
the
83.48
million
for
probation.
A
If
you
can
get
that,
I
think
that
would
be
helpful,
okay
and
then
the
other
question-
and
this
is
a
somewhat
philosophical
question
I
think,
and
it
may
not.
A
This
may
be
more
of
a
question
that
we
need
to
call
the
administrative
office,
the
courts
in
to
answer
to
some
degree
as
well,
but
when
you
talk
about
the
probated
sentences
in
this
situation,
my
question
would
be
this:
if
the
decision
is
made
for
probated
sentences,
why
would
there
be
a
situation
where
those
folks
were
not
looked
at
for
ankle
monitoring,
instead
of
actually
being
housed
in
the
jail
for
those
that
amount
of
days
that
they're
there
being
released
on
their
own
recognizance
being
released
through
a
bail
system?
Whatever
that
might
be?
E
I
can't
say
for
sure
what
that
is,
one
possibility
that
comes
to
mind
immediately
would
be
that
what
they
are
originally
charged
with
is
not
necessarily
what
they're
ultimately
convicted
of
so
through
plea
bargaining.
They
may
be
convicted
of
a
sentence
that
makes
them
eligible
for
probation,
where
maybe
the
initial
charge
was
not
eligible.
For
you
know
those
types
of
home
incarceration
or
something
I'm
sure,
there's
other
possibilities.
That's
just
the
first
one
that
I
could
think
of.
H
A
A
We
knew
that
if
we
were
going
to
talk
about
it
in
the
house
side
that
we
had
to
do
it
before
the
end
of
february,
and
so
we
discussed
it
in
february
at
a
committee
meeting
here
still
never
got
any
response
and
finally
received
the
corrections
impact
statement
in
march.
I
think
this
will
allow
us
to
move
in
a
more
proper
way
going
forward,
and
I
appreciate
having
it
now
and
you
all
being
able
to
be
here
and
talk
on
this,
and
you
all
have
made
yourself
available
for
further
communication
as
well.
A
G
If
I
might
deviate
just
briefly
before
I
begin
my
testimony,
I'd
like
to
thank
each
of
you
for
the
diligence
you
paid
to
local
jail
facilities
throughout
the
22
legislative
session.
Pardon
me.
With
your
help.
We
were
able
to
secure
record
funding
to
institute
a
statewide
virtual
court
system,
a
15
million
dollars,
which
will
ensure
that
members
of
the
judicial
branch
who
choose
to
use
virtual
court
will
be
able
to
use
that
with
state-of-the-art
equipment
and
make
hearings
much
more
seamless.
G
I'd
also
like
to
thank
the
committee
and
the
members
of
the
general
assembly
who
voted
in
favor
of
the
2224
biennial
budget.
This
was
the
first
time
in
over
a
decade.
We
recognized
the
need
for
an
increase
in
daily
per
diem
rates,
paid
for
by
the
state
for
housing
and
fully
funded
the
full
four
dollars
per
day.
Increase.
G
G
G
G
So
what
what
I
did
was
I
just
took
a
few
minutes
to
look
at
it
from
and
again
I
don't
have.
All
the
numbers
throughout
state
campbell
county
is
pretty
enlightening.
From
my
perspective,
I
currently
have
118
pretrial
felons
when
I'm
at
full
capacity
in
my
jail
right
now,
I'm
designed
to
hold
656
inmates
today,
I'm
at
about
350..
G
Normally
I'm
at
230
to
240
pre-trial
felons
on
any
given
day.
Their
stays
in
my
facility
can
range
anywhere
from
a
couple
of
days,
the
longest
that
we've
had
in
the
short
term.
It's
been
880
days,
so
it's
a
little
over
two
years
campbell
county
taxpayers
are
paying
for
that.
Inmate
evans
is
his
name
and
we
pay
for
transportation,
meals,
electric
water,
everything
that's
required
to
support
an
inmate
in
our
facility
for
the
entire
period
of
time.
G
They're
there
once
the
trial
is
complete
campbell,
county
taxpayers
will
suffer
the
loss
for
that
incarceration
as
long
as
corrections
doesn't
have
to
pay
for
that
pre-trial
time,
and
he
will
get
credit
for
that
time.
No
matter
what
I
I
brought
some
more
numbers
this
to
maybe
make
it
a
little
more
illuminated,
but
shayna
hubers,
who
the
folks
from
northern
kentucky
will
recognize
the
corrections
because
she
was
in
and
out
a
couple
of
times
she
spent
a
total
of
1827
days
in
my
facility
as
a
pre-trial
felon.
Now
she
was
there
convicted.
G
It
was
overturned.
She
was
brought
back
there
for
an
additional
period
of
time,
but
the
total
time
as
a
pre-trial
was
1827
days.
John
allender,
who
just
left
our
facility
and
21
spent
1500
in
88
days
in
my
jail
as
a
pre-trial
felon,
emily,
sherry
728
days,
darren
bounds
936
days,
and
I
can
go
through
a
list.
I've
got
132
days
on
one
1200
days
on
one
961
days.
G
The
list
goes
on
and
on
and
on
so
it
it's
a
big
deal.
That's
local
taxpayer
dollars
that
are
being
paid
to
support
people
that
are
given
credit
for
that
time.
Served
may
not
sound
like
a
big
deal
when
you,
when
you
hear
those
numbers
they
just
gave
you,
but
that's
that's
local
taxpayer
dollars
that
we're
not
recouping
from
the
state
when
those
inmates
are
given
credit
for
all
that
time
served.
G
I
Thank
you,
mr
chairman,
and
first
off
I'd
like
to
commend
your
leadership
on
this
issue.
I
know
I'd
assume.
I
I
G
What
the
cost
is
going
to
vary
by
every
jail
out
there
sure
so
currently
and
understand
as
a
result
of
covid
and
in
the
hiring
and
the
availability
of
staff
right
now,
our
numbers
in
northern
kentucky
have
gone
crazy,
so
I
am
what
routinely
or
historically
would
have
been
about
35
to
40
a
day
is
now
60
plus
dollars
a
day
to
house
an
inmate,
so
the
cost
is
nowhere
in
comparison
to
what
I'm
paid
at
the
36
a
day.
I
Okay
starting
july
1.,
so
I
guess
for
the
1827
day
person
that
you
mentioned,
then
that's
an
expense
to
the
taxpayer
of
nearly
what
thirty
thousand
dollars
is
that
right
there
abouts,
yes,
sir
okay
and
is-
is
that
an
exceptional
case,
or
is
that
one?
That's
reasonably
typical
for
a
pre-trial
detention
on
a
felon.
I
Okay,
it
might
be
prevented
a
brief
follow-up.
What
what
would
you
think
the
average
for
detention
length
for
a
pre-trial
felony-
and
I
understand
it-
probably
varies
by
by
county
and
circuit?
But
what
would
you
think
that
the
average
pre-felony
detention
is
statewide.
G
D
Thank
you,
mr
chairman,
and
thank
you
for
all
three
of
you
for
the
presentations
that
you've
provided
today.
I
just
I
have
recently
discussed
this
issue
with
my
jailer
in
davis
county
and
also
the
judge
executive,
and
it's
becoming
an
increasingly
problematic
situation
for
them.
For
example,
I
just
wanted
to
put
on
record
that
at
davis
county,
even
with
the
increased
reimbursement
rates,
we're
looking
at
we're
looking
at
a
3.3
million
dollar
shortfall
that
davis
county
residents
are
having
to
pick
up
the
tab
for
with
this
situation.
D
C
Representative
bray,
thank
you,
mr
chairman,
so
going
through
some
of
the
pre-trial
links
that
you
know
you
were
talking
about
1200
days
900
days.
C
I
understand
that
those
are
extenuating
circumstances
and
probably
aren't
on
the
average
in
those
cases
what's
causing
to
your
knowledge,
what's
causing
such
a
delay
anytime,
you're
going
over,
let's
say
a
year,
for
you
know
the
pre-trial
portion
of
this.
I
I
failed
to
understand.
I
mean,
obviously
it's
a
it's
a
court
issue
of
some
kind.
But
can
you
speak
to
speak
to
that.
G
I
can't
from
what
my
limited
knowledge
is
for
campbell
county.
Some
of
those
long,
as
I
talked
about,
were
either
really
serious
charges
that
shayna
huber
is
the
one
that
shot
her
boyfriend
in
highland
heights
kentucky
again.
She
was
there
and
then
back.
She
got
her
sentence
overturned
and
came
back,
so
hers
was
a
couple
of
600
day
periods
right,
the
other
ones
you
know
it's,
it
could
be
a
lot
of.
G
G
You
know
I
I
went
from
having
a
couple
of
circuit
judges
to
only
having
two
in
campbell
county
now
in
a
family
court.
So
it's
it's
a
boy,
a
myriad
of
issues
in
our
court
systems,
but
a
lot
of
us
defense
counsel
and
a
lot
of
it's
just
timing
on
getting
people
in
and
out
of
trial.
A
I
would
just
like
to
say
following
up
again:
I
appreciate
all
of
you
all
for
coming
and
I
think
it
will
behoove
us
at
a
later
time
to
probably
bring
aoc
in
to
talk
about
this
a
little
bit
further
from
their
perspective
as
well,
and
I
think
anybody
that
knows
me
on
this
committee
or
throughout
my
time
the
general
assembly
knows
that
I
am
not
somebody
who
believes
in
letting
the
good
get
in
the
way
perfect.
A
I
think
this
is
a
building
block
that
we
can
work
off
of
to
maybe
hone
a
better
bill,
maybe
deal
with
the
the
issue
that
you
all
have
brought
up
with
regard
to
probation
and
how
that
affects,
and
then
with
jim's
comments,
also
be
able
to
maybe
look
at
some
time
frame
to
lower
that
actual
dollar
amount
for
these
outliers.
A
When
it's
over
a
year
I
mean
when
it's
a
year,
that's
being
credited,
that's
a
significant
cost
to
the
county
that
the
state
is
not
offsetting
and
should
be
a
state
cost
at
that
point
frankly,
so
I
just,
I
think,
there's
there's
a
lot
of
things
that
we
can
look
at
going
forward.
Obviously,
we
need
to
talk
to
aoc
about
some
of
these
sentencing
issues
that
we
brought
up
with
and
holding
people
prior
to
conviction
that
are
going
to
end
up
getting
probated
why
that
process
has
happened
and
other
things.
A
J
Thank
you
chairman
and
thank
you
committee.
It's
always
a
pleasure
speaking
during
the
during
the
interim
and
I
especially
enjoy
speaking
at
committee
meetings
where
we
get
representative
bray
up
before
noon.
So
I
know
that
his
his
interim
hours
are
quite
a
bit
different
than
the
rest
of
ours.
I
don't
even
know
that
those
count
as
banker's
hours,
but
no
offense,
you
might
be
out
of
order
representative.
J
Oh
first
off
my
name
is
killian
timoney
state
representative
45th
district
southwest
lexington.
I'm
going
to
go
ahead
and
give
my
guests
an
opportunity
to
introduce
themselves
and
kind
of
give
some
context
as
to
why
we're
here.
J
And
I
am
david
kloiber,
I'm
the
council,
member
for
the
sixth
district
for
the
lexington
fayette
urban
county
government
and
we're
here
today,
because
there's
been
some
issues
in
fayette
county
dealing
with
utilities
and
tree
clearing.
And
we
have
a
presentation
that
I
think
diane's
putting
together
right
now
to
to
start
up.