Officials urge people to learn about the law and its stiffer penalties
The Safer Kentucky Act goes into effect July 15 and with it comes immediate changes to sentencing guidelines for certain crimes.
In addition to establishing stiffer penalties, among other caveats, the new law expands the list of what is considered a violent crime, and mandates that anyone convicted of three violent crimes serve a life sentence without possibility of parole or probation.
Commonwealth’s Attorney Herb McKee, Jr., encourages the public to educate themselves on the law which, for some, could have immediate consequences.
“The Safer Kentucky Act (HB 5) becomes law on July 15,” McKee said. “The public should pay particular focus on the violent offender changes in the law. If a person is sentenced to a violent offense after July 15, 2024, then they will face the new penalties under the law.”
As of July 15, the list of crimes considered violent in the Commonwealth will include first-degree burglary if someone other than the criminal is present in the building; second-degree robbery; first-degree arson; first-degree strangulation; carjacking; and first-degree wanton endangerment which involves the discharge of a firearm.
(This is not the complete list of all the crimes considered violent in Kentucky, but the list of the ones being added.)
The Safer Kentucky Act also dictates that violent offenders serve at least 85 percent of their sentence before being eligible for probation/parole, and that a person convicted of a violent offense only receive credit on the sentence for time spent in custody prior to sentencing.
“The legislature believed certain crimes should be added to the ‘violent offender’ classification when parole is being considered (see KRS 439.3401),” McKee said. “Most felony crimes are eligible for parole after the defendant has served 20 percent of his/her sentence. However, if classified as a violent offender the person isn’t eligible for parole until they’ve served at least 85 percent of the sentence. There was also a particular focus on criminals using guns in the commission of crimes.
“When an offender uses a firearm in the commission of a crime, and the offender is a convicted felon, or the offender knew the firearm they were using was stolen, then the defendant will have to serve 100 percent of their sentence. This new law should prevent any early release,” McKee said.
The Safer Kentucky Act not only addresses violent crimes, but a variety of other criminal offenses, as well as reentry provisions for inmates and a growing issue in larger cities—homeless camps or street camping.
The new law stipulates that legal adults using juveniles as criminal accomplices will be charged one level higher than the alleged offense, and those convicted of vandalism will see an increased penalty, as will those convicted of fleeing or evading police and selling fentanyl to someone resulting in an overdose death.
People committing thefts in multiple counties could now see their cases combined and tried in any of the counties where the alleged offenses occurred.
State Sen. Robby Mills said the legislature moved forward with this law for a few reasons—one of which involves citizens decrying the rise in crime.
“With the lack of pursuing low level crimes such as shoplifting and other petty theft, the revolving door policy for certain crimes, and sentencings being reduced substantially allowing criminals back on the street to recommit, there is a general consensus that laws and punishment have become too soft, for whatever reason,” Mills said.
Henderson Police Department Sgt. Bill Russell, the department’s public information officer, said police are often confronted with questions from citizens regarding the quick release of convicted criminals.
“When a crime happens, such as someone overdosing on fentanyl or a serious assault by an individual that was just released from jail, we hear all the time, ‘Why was that person even released from jail in the first place?’ Now when an individual commits a serious crime three times, this person will be in jail for life,” Russell said. “This will get them off the streets and keep our community safer. The three-strike rule can help our community.”
Henderson County Sheriff Chip Stauffer said there are several aspects of the new law which will impact citizens in some fashion.
“The changes with the Safer Kentucky Act will be most noticeable in Henderson through (increased) sentences, specifically with trafficking in fentanyl, a Class B felony, and those trafficking fentanyl leading to a death can be convicted of manslaughter,” he said. “Also, individuals convicted of continually violating protection orders, increases to a Class D felony. They added a carjacking statue, but we do not investigate many of those but now there will be a specific criminal charge if we do.”
As for homeless encampments or street camping, the Safer Kentucky Act, “Imposes a ban on street camping on public streets, sidewalks, paths, or public areas normally used by pedestrians and/or vehicles, private property, homes, or businesses in any way. (The law) allows for an exemption to the offense of unlawful camping in order to protect someone who sleeps temporarily in their lawfully parked vehicle.”
Russell said local law enforcement currently attempts to find shelter for homeless people.
“We will always try and help the homeless which is part of (the Safer Kentucky Act),” Russell said. “Henderson police officers go out of their way daily to find somewhere for them to stay that is safe. They contact Owensboro, Madisonville, even Evansville to try and find a bed for them. Some officers have even spent their own money to get them in a hotel for the night. This bill will not change the way we, Henderson Police, operate to serve and protect.”
While Stauffer said he can’t confirm if tougher penalties will act as a crime deterrent, he is sure of one thing.
“Tougher sentences reduce recidivism because criminals will be incarcerated longer,” he said.
Mandating longer sentences is only one side of the coin. Paying for it is another. In the past, the state has reduced sentences and released inmates due to the heavy fiscal burden required of taxpayers to sustain correctional facilities.
When asked about the financial aspect of longer incarceration stints, Mills said, “There is a mandate from the majority of Kentucky to ramp up law enforcement and to better protect our cities and communities across the state.
“We understand that that will come at a cost, and we will be working on how to help shoulder that cost with the counties in the coming months and years.”
McKee said with the Safer Kentucky Act as law, the mandates must be upheld.
“As long as the law remains in effect, the Department of Corrections will be prevented from even considering parole until the defendant has served 85 percent of their sentence if the crime classifies them as a violent offender,” he said.
“We hope that these increased penalties will make criminals think twice about committing crimes because they will be serving much more of their sentence,” Mills said. “We are hopeful that it will get violent criminals off the street and away from society and not give them the ability to recommit crimes over and over.”
From law enforcement perspective, both Stauffer and Russell said the Safer Kentucky Act is a good start.
“I believe the Safer Act is taking steps in the right direction,” Stauffer said, “with tougher mandatory sentences and changes to laws in which the Commonwealth have seen increases such as fleeing from the police, continual violations of protective orders and stipulating the three strikes law for violent felons and protecting what is yours.”
“I do believe tougher penalties for those involved in serious criminal acts helps,” Russell said. “We will always have individuals involved in criminal activity, but hopefully having a partnership with prosecutors and the jail staff, we as law enforcement can help keep our community safe.”
