FRANKFORT -- In less than a week, voters will decide whether to add victim's-rights legislation known as Marsy's Law to the state's Constitution.

The amendment is one of two measures appearing on this year's ballot.

But critics say the well-intentioned law has serious flaws and is an empty promise for victims.

Heather Gatnarek, staff attorney for the American Civil Liberties Union (ACLU) of Kentucky said victims in the Commonwealth already have the right to be notified of court proceedings, and when a defendant is released from custody, as well as to be involved in decisions regarding plea agreements and to be heard at sentencing. Those rights exist in statute.

She believes victims and families of victims need more resources, and noted Marsy's Law does not allocate any additional funding toward protecting victims' rights.

"As often happens, that might be a matter of funding," Gatnarek explained. "It might be that prosecutors offices don't have enough victims' advocates on staff to help victims walk through this process, we may need to put resources towards this effort in our criminal legal system to ensure that victims' rights are protected, but Marsy's Law doesn't do that."

The ACLU and other criminal justice reform groups argue Marsy's Law unnecessarily complicates the criminal justice system and interferes with due process.

Supporters of Senate Bill 15, passed by state lawmakers early this year, say it strengthens protections for victims and their families.

Gatnarek also believes language in Marsy's Law is vague and inconsistent, and likely to overburden an already stressed criminal-justice system.

"We have 120 counties in Kentucky," Gatnarek noted. "There are courts in all of those counties, and we will be putting our judiciary in a position where they are supposed to parse through this and figure out what it is that this law actually means without any kind of guidance given."

A few years ago, Marsy's Law appeared on voters' ballots, but the Kentucky Supreme Court struck down the measure.

At the time voters had just one sentence on which to base a decision. Gatnarek noted the 2020 ballot description is an improvement.

"The Kentucky Supreme Court held that one line did not properly advise voters as to what the amendment actually was," Gatnareck stated. "So it's back on the ballot now with the full language, which I do think is an improvement. I think it is important that people take a look at the full language."

Since 2008, a handful of states, including California, Illinois, North Dakota, Ohio, South Dakota and Montana, have enacted Marsy's Law constitutional amendments.


get more stories like this via email

Mississippi prisons often lack resources to treat people who are incarcerated with substance-use disorders adequately but a nonprofit organization is offering alternative programs focused on treatment instead of incarceration.

The Magnolia State has one of the highest incarceration rates in the nation, with more than 1,000 people per 100,000 residents behind bars.

Christina Dent, founder and president of End It For Good, said they invite people to support approaches to drugs prioritizing life, preserving families and promoting public safety.

"We do education out in the community - with citizens, with advocates, with policymakers - to help them understand why a punitive criminal justice approach to drugs and addiction has not produced good results and why a health-centered approach would produce much better results," Dent explained.

It is estimated more than 578,000 people in state and federal prisons in 2022 had a substance-use disorder in the year prior to their admission, according to the Prison Policy Initiative.

Dent emphasized they recommend lawmakers look at other alternatives to stop reactionary approaches resulting in Mississippians paying harsher penalties for crimes such as drug possession.

"Shift away from increasing penalties," Dent urged. "Another thing that we could do would be to reduce penalties or recategorize penalties for something like drug possession. We would love to see a shift from treating drug possession as potentially a felony to drug possession being a misdemeanor. "

Dent noted such an alternative approach would allow individuals impacted to more easily regain employment, support their families and reintegrate into society. She added felony convictions create lifelong barriers to employment and self-sufficiency.


get more stories like this via email

April is Second Chance Month and many Nebraskans are celebrating passage of a bipartisan voting rights restoration bill and its focus on second chances.

Legislative Bill 20 restores voting rights to those convicted of a felony upon completion of their sentence, eliminating the two-year waiting period.

Jason Witmer, policy fellow at the ACLU of Nebraska, said the change will promote success for formerly incarcerated Nebraskans. He pointed out it also will increase the likelihood of the state meeting the objectives Gov. Jim Pillen and the Department of Corrections have committed to.

Nebraska became the fourth state to join "Reentry 2030," a national initiative of the Council of State Governments focused on strengthening programs and removing obstacles for those reentering society after incarceration.

"The more somebody can have their rights in place for them, the more invested they are in the society," Witmer contended. "The more invested you are in your community and your society, the more likely you are to succeed. And the right to vote is fundamentally part of reintegrating into society. It's your civil voice."

Reentry 2030 aims to have all 50 states commit to improving outcomes for formerly incarcerated people. Nebraska's goals include increasing GED completion and college coursework by those in Nebraska prisons, and reducing recidivism 50% by 2030.

Pillen allowed the measure to become law but stated it contains "potential constitutional issues" which could lead to a legal challenge.

Nebraska's recidivism rate for those who left prison between 2019 and 2022 was nearly 30%.

Witmer noted it is at least partly attributable to the challenges people face upon leaving incarceration.

"You did the time, and then you come out and find out, 'Oh, I can't vote. Oh, housing is almost impossible to get. Oh, I can't work here,'" Witmer outlined. "Suddenly you don't feel like you're a part of any of this."

Across the country, 37 other states restore voting rights to those charged with a felony either immediately after incarceration or after completing parole or probation. Two states and the District of Columbia allow people to vote while incarcerated.

A new website aims to help Kentuckians just out of prison re-enter their communities and find job training, employment and recovery services.

April is Second Chance Month - and according to the Prison Policy Initiative, about 60% of formerly incarcerated individuals are jobless.

Gov. Andy Beshear said the website - secondchance.ky.gov - is meant to cut bureaucracy around job searching, and tie resources together in one spot to make it easier for people to get back on their feet.

"We are not our worst day," said Beshear. "When we look at how many people have a criminal record in Kentucky, this is the right thing to do. But it's also necessary from a workforce standpoint."

In 2021, lawmakers passed legislation that tasked the Kentucky Department of Corrections with issuing certificates of employability to people who successfully complete programs while incarcerated.

It also helps increase access to state-issued IDs for those leaving prison.

The website includes information on resume help, job searches and local reentry services.

Beshear said eventually, the site will contain a comprehensive list of employers - such as Kentucky State Parks, which is a participant in second chance employment.

"If they need to find resources on how to get that next level of education or workforce training," said Beshear, "and then ultimately be able to see a list of employers that are willing to look at them for second chance employment."

Businesses in the Commonwealth can also find information about programs that can aid in hiring and retaining more second-chance employees - including the Fair Chance Academy, Kentucky Transformational Employment program, Prison-to-Work Pipeline, and Jobs on Day One programs.