AUSTIN, Texas - While the use of capital punishment is declining, Texas still relies on it more than any other state - and implements it haphazardly, according to a report released today.

Striking variations exist between counties about how often prosecutors seek the death penalty, says report author Kristin Houlé, executive director of the Texas Coalition to Abolish the Death Penalty. For example, in the past year, more than half the state's new death sentences were handed down in the Dallas-Fort Worth metroplex. By contrast, there were no new death sentences in Houston.

"It really is subject to the discretion of individual prosecutors. Cases with individuals with comparable backgrounds - or who raised similar legal arguments - received vastly different treatment in the criminal justice system."

National surveys show support for the death penalty on the decline. It's now about 60 percent, down from a high of 80 percent. But support drops below 50 percent when alternatives, such as life sentences without parole, are included in polls.

Slowly but surely, Houlé thinks, the death penalty is on its way out because of a growing sense that the system is unfair and makes mistakes. The report says defendants with intellectual disabilities and people of color are more likely to receive death sentences in Texas.

So far this year, nine new death sentences have been handed down in Texas, a 75 percent decline from a decade ago. Texas also carried out 15 executions, three times more than any other state.

Houlé cites a practical reason that some jurisdictions are becoming less enthusiastic about pursuing capital punishment. With chronically strained county budgets, she says, the issue of cost is more relevant than ever.

"We see a vast difference between trials in which prosecutors seek the death penalty and those in which they don't - almost a three-times difference. It should give those who support the death penalty pause, considering the gross expense of the death penalty."

This year, Connecticut became the fifth state to reject capital punishment, and campaigns are planned in several other states next year. State Rep. Jessica Farrar, D-Houston, is expected to introduce abolishment legislation for Texas soon, but it will likely be a symbolic effort; she's filed similar bills every session since 2007.

The report is online at tcadp.org.


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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.