This week there are major changes afoot in Kentucky. Many misdemeanors will be handled with a citation rather than an arrest and some felony drug offenses will be reduced to misdemeanor classification. So, in this time that seems ripe for criminal justice reform, will other states follow Kentucky’s lead?
Kentucky lawmakers are hoping to save jail space and money. Dozens of misdemeanors that are typically handled with an arrest will now be handled with a citation to court. This is as long as the police don’t believe the suspect is at risk for harming himself or others. Violent misdemeanors like assault fourth degree and stalking second degree will still be arrestable. But other misdemeanors, like minor drug possession charges will not.
The scene in Kentucky is being seen around the country too as they deal with jails that are bursting at the seams. By not arresting someone who’s been caught with a joint, for instance, they can save that space for someone who they believe really needs to be in jail.
Other current felonies are being reclassified to misdemeanor offenses. According to the Courier-Journal, the Louisville Metro Corrections said more than 13% of daily bookings last year would qualify for a citation under the new laws.
The changes aren’t without critics. Police are worried that the law isn’t clear enough and doesn’t provide enough discretion for officers. But this isn’t so. If the officer has reason to believe the suspect is a safety risk, they can make the arrest.
Many states are dealing with similar issues, though none have made quite such sweeping changes with one single law. Because of the criticisms of the law and the age-old fear that lighter penalties will somehow cause mayhem in the streets, officials are likely going to sit back and watch how the scene unfolds in Kentucky before making any changes themselves.
There are countless cases of people being jailed where the circumstances simply don’t warrant it. Often suspects are even granted bail but sit in jail because they can’t afford it. Jail should be reserved for the truly dangerous, to keep society and the suspect safe, not as punishment itself. Afterall, jail is a pretrial detention and these people have not been found guilty yet.
About David Matson