FRANKFORT, Ky. - "Broken beyond repair" is how death penalty abolitionists describe Kentucky's system of capital punishment. They believe results of a two-year review of the death penalty by legal scholars, attorneys and former Kentucky Supreme Court justices signal it is time for an outright ban of state executions.

A recent report by the American Bar Association (ABA) Kentucky Assessment Team on the Death Penalty concluded that the Commonwealth should temporarily suspend executions until problems with fairness and accuracy are corrected.

Donald Vish, director of education and advocacy with the Kentucky Coalition to Abolish the Death Penalty, says the report's conclusions were of no surprise, and prove the system is incapable of delivering justice.

"While we agree with the call for a moratorium, I think one group hopes to be able to fix the problems during the moratorium, while we hope that the General Assembly will determine that it should be abolished altogether."

A recent survey commissioned by the ABA found that 62 percent of Kentucky voters support suspension of executions in Kentucky. The 500-page review found no uniform standards on eyewitness identifications and police interrogations, and a high error rate in death sentences, with more than 60 percent overturned on appeal.

Kate Miller, a program associate with the ACLU of Kentucky, says the frequency of inadequate counsel in handling capital cases is also evidenced in the report.

"Of the 78 people who have wound up with death sentences, 10 of those individuals were represented by attorneys who were later disbarred, and we know the public defenders are overworked and underpaid."

The study also found that Kentucky lacks safeguards to ensure that defendants with mental disabilities are not put to death.

Vish points out that jury sentencing patterns over the last several years show Kentuckians' discomfort with exacting capital punishment.

"What do ordinary Kentucky citizens do? They're impaneled on a jury; they determine that the defendant is guilty. They do not impose the death penalty. That seems to be the ultimate public opinion poll."

Kate Miller says the legal teams' recommendations for addressing the system are too complex and expensive, and that leaves room for only one solution.

"The death penalty system has failed as public policy. Especially since a majority of Kentuckians don't want the death penalty anymore, it's time we just take it off the table permanently."

Legislation to ban executions of people with severe mental illnesses and to abolish the death penalty altogether are expected to come before the Kentucky General Assembly when it convenes next month.

The report is available at http://ambar.org/kentucky.




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Illinois lawmakers, meeting in their annual "Veto Session" in Springfield, are taking a look at the controversial SAFE-T Act one last time before it goes into effect next year.

The Pretrial Fairness Act portion of the measure abolishes the state's cash-bail system that critics have called unfair and discriminatory. Democrats, who hold a supermajority in the General Assembly, have said they're open to minor adjustments to the legislation but don't support Republican calls for a comprehensive rewrite.

Garien Gatewood heads the Illinois Justice Project, part of a coalition that backed the measure. He said they are willing to look at small fixes to ensure the new law is applied fairly.

"The Illinois Justice Project stands in support of the SAFE-T Act," he said. "Also, we understand that there's a need to work on some tweaks and some changes to make sure that when the bill rolls out, when the effective date hits, it works."

GOP legislators and some law-enforcement officials think abolishing cash bail could create a "revolving-door system" that puts criminals back on the street. A hearing is set for Dec. 7 on a lawsuit by 58 Illinois counties challenging the constitutionality of the law.

Although endorsed nationwide by many criminal-justice advocates, Illinois would be the first state to abolish the practice of requiring people charged with crimes to post bail - or stay in jail until their trial.

Gatewood said people who can't come up with thousands of dollars to guarantee they'll come back for their court appearance often lose their jobs, homes and even their families as they wait weeks or months for their day in court.

"The Pretrial Fairness Act is designed to give judges more discretion than they have now," he said. "It's actually giving more time to have longer, more detailed hearings than happen now. And quite frankly, in the system that we're in now, if you have resources, you can almost pay your way out of jail for anything."

The 800-page Safety, Accountability, Fairness, and Equity-Today Act goes into effect on Jan 1. The General Assembly meets in regular session in January, but holds a two-week mini-session each Fall to pass, amend or veto new and existing legislation.

Some county jails in the Commonwealth are creating or expanding parent-child visitation policies, but experts argued more work needs to be done to help families forge and maintain healthy bonds.

According to a new report by Kentucky Youth Advocates and the Kentucky Social Welfare Foundation, jails in at least 30 counties currently have some form of in-person visitation. But few jails allow physical contact between parent and child without the obstruction of a divider.

Anne Eason, licensed clinical social worker and chairperson of the Kentucky Social Welfare Foundation, said children with parents in jail often face greater economic barriers and housing instability, even if they are able to live with other family members. She added children separated from their parents often experience higher levels of anxiety, depression and substance abuse.

"It certainly can affect the parent-child bond and attachment," Eason pointed out. "Which leads to further problems with children in terms of their mental health."

Jails in six counties said they did not require families to pay for phone or video calls, which can financially burden families. According to the report, a fifteen-minute phone call between an incarcerated individual and a family member in Kentucky costs on average $11.30. The state currently has the 11th highest rate of children who have at least one incarcerated parent in the nation.

Wendy Hall, program coordinator at the Kentucky River Regional Jail, has worked to implement programs offering parents regular face-to-face contact with their children. She said having time to be a parent can contribute to successful re-entry into society.

"It makes the incarcerated person feel more human, because they're getting to see their child instead of saying, you know, can't be around your kid at all," Hall pointed out. "It gives them a sense of pride after the visit. After the visit they are on cloud nine."

Amy Snow, co-founder of the Frankfort-based Wanda Joyce Robinson Foundation, said more jails could partner with community groups offering support for families, including therapy and payment assistance for transportation and video and phone calls.

"We provide video visitation for any Franklin County child with their parent," Snow explained. "We have a vetting system for that through the Department of Social Services. And we're able to offer that in any facility, no matter where it is, as long as that facility has the capability to do video visitation."

According to data from the Marshall Project, nationwide, around one in eight incarcerated parents with children in foster care have had their parental rights terminated.

Criminal justice reform advocates in the Commonwealth are asking Gov. Andy Beshear to decriminalize marijuana possession. The request follows President Joe Biden's announcement of mass pardons at the federal level for people who were convicted of carrying marijuana.

Rep. Nima Kulkarni, D-Louisville, explained state decriminalization policies would ensure Kentuckians with minor drug possession and paraphernalia charges would have the option for record expungement.

"And what Biden recommended is that governors look into what those possible pardon powers are," Kulkarni noted. "And to use them, to make sure that his focus on the decriminalization aspect of cannabis use is done on a state level."

She added mounting evidence indicates simply legalizing marijuana does not significantly affect the number of people facing barriers in employment, housing and reduced income as consequences of drug-possession charges, particularly Black and brown people.

Kungu Njuguna, policy strategist for the ACLU of Kentucky, pointed out marijuana possession is a major driver of incarceration nationwide.

"What we know in Kentucky is we know that in 2020, there were over 7,000 Kentuckians who had a conviction for possession of marijuana," Njuguna reported. "That's one year. So, the governor could do a great many things by doing this pardon."

Earlier this year, Kulkarni introduced legislation which would have decriminalized cannabis possession, of an ounce or less, for adults 21 and older, and also provide funding for clearing their records.

"In Kentucky, it's $500 per application," Kulkarni emphasized. "Which is pretty prohibitive, when you think about how difficult it is for people with convictions on their record to get jobs."

Gov. Andy Beshear has created a Team Kentucky Medical Cannabis Advisory Committee to provide feedback on how legalizing medical cannabis could help Kentuckians with chronic pain and other medical conditions.