FRANKFORT, Ky. — We’re just two weeks away from the start of Kentucky’s 2023 General Assembly. Lawmakers will convene in Frankfort for 30 days to consider new legislation on Jan. 3, 2023.

What You Need To Know

  • The Kentucky Smart on Crime Justice Reform Coalition was established in 2016

  • The coalition comprises 14 organizations working to provide justice reform 

  • ACLU of Kentucky & Volunteers of America Mid-States are speaking out about the coalitions priorities for the 2023 Kentucky General Assembly session
  • The 2023 Kentucky General Assembly will last 30 days  

The Kentucky Smart on Crime Justice Reform Coalition includes 14 organizations working to provide justice reform. They’ll prioritize substance use disorder treatment, increasing access to expungement, reclassification of possession and reform of the Persistent Felony Offender Statute for this year’s General Assembly session.

The coalition hopes to start strongly for the 2023 session of the Kentucky General Assembly, planning to prioritize the following: 

  • Bringing Kentucky in line with states like TN & SC and 17 others that treat possession as a misdemeanor in a shift to a model prioritizing rehabilitative options over incarceration.
  • Clarifying the “Good Samaritan” statute to ensure immunity from criminal prosecution for drug possession for individuals seeking emergency medical care for an overdose.
  • Expanding Senate Bill 90’s behavioral health conditional dismissal pilot program to apply statewide; Spending opioid abatement settlement funds on harm reduction.
  • Increasing access to expungement by shortening the eligibility window, eliminating, or reducing fees, implementing an automatic expungement process for non-violent, non-sex offense crimes, addressing the misdemeanor enhancement issue by creating a five year look-back period for those offenses where there is currently no specified period for enhancement. 
  • Allowing those who have paid their debt to society to take part in the important civic activity of voting.

Kungu Njuguna serves as a policy strategist for the ACLU of Kentucky and represents one of 14 organizations in the coalition. 

“Probably one of the biggest issues facing our criminal legal system is substance use disorder,” said Njuguna.

He says he’d like to see the passage of Senate Bill 90 expanded. It’s a bill that reduces incarceration and criminal system involvement that diverts people with mental health and substance abuse disorders to services in the community.

Additionally, Njuguna wants Opioid Abatement Settlement funds to be spent on harm reduction.

“We have to look at a holistic strategy to help people reintegrate into society. We have a really bad habit of alienating people and taking away their rights even after they’ve served their time and accountability,” said Jennifer Hancock, president and CEO of Volunteers of America Mid-States.

Hancock also represents one of the 14 organizations in the coalition. The coalition says they’ll prioritize solutions that already work and reforms, including restoring offenders’ voting rights and increasing access to expungement by an automatic expungement process.

That process could be available for offenders not involved in violent or sexual crimes. Njuguna says in years previous commissions have suggested possession of drugs be classified as misdemeanor. 

“Most other states already do that, so we’re seeking Kentucky to come in line with other states,” said Njuguna.

Currently, 19 other U.S. states have that legislation in place, including Kentucky’s bordering states of Indiana, Ohio, Tennessee and West Virginia. The coalition will have just 30 days to work toward their priorities. 

At the beginning of the fiscal year, July 1, 2023, Kentucky will spend $750 million on corrections according to the Kentucky General Assembly website. Data from the Bureau of Justice Statistics reveals Kentucky has the 8th highest imprisonment rate in the nation. 

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