Published: May 18, 2009 04:48 pm      

A clear ruling — 05/18/09

Definitive decision on parole credits is needed — and soon

The Kentucky Supreme Court will hear arguments Aug. 19 about the legality of allowing parole credits approved by the 2008 Kentucky General Assembly as part of the biennial budget.

The issue is an important one. If the state’s highest court nullifies the parole credits, it could force hundreds prisoners released early under the program to return to prison. That, in turn, will greatly increase prison costs and make it even more difficult to balance the second year of the two-year budget. Indeed, legislators included the parole credits in the budget in order to meet the constitutional requirement for a balanced budget. Even with the credits, the budget shortfall for the coming fiscal year — which begins July 1 — could top $1 billion.

Two lawsuits have been filed challenging the legality of the early release program, and they have resulted in contradictory lower court rulings. The Supreme Court must decide between those two lower court decisions. Fortunately, to save time, the Court of Appeals is being bypassed. Since these cases were certain to be appealed to the state’s highest court and a quick ruling is essential, that’s the right step.

Pulaski County Commonwealth’s Attorney Eddy Montgomery filed suit in Pulaski Circuit Court contending the release program violated the state constitution because the Department of Corrections applied its provision retroactively. Judge David Tapp ruled in favor of Montgomery’s motion, but initially applied his ruling only to the 28th Circuit covering Pulaski, Rockcastle and Lincoln counties.

Kentucky Attorney General Jack Conway filed a similar suit in Franklin Circuit Court seeking to ban the program statewide but Franklin Circuit Judge Phillip Shepherd ruled in favor of the state.

Late last month, Tapp ruled that his ban applied statewide, but the Court of Appeals quickly nixed that unprecedented power grab by a lower court judge, staying Tapp’s ruling until the Supreme Court ruled on the matter.

Prosecutors throughout the state have criticized the parole credits, claiming they have resulted in dangerous criminals being released long before the completion of their sentences. Legislators say the program is essential to reduce the skyrocketing cost of housing prisoners. Without it, legislators will be forced to make deeper cuts in other state programs.

For now, the early release program continues, but the lawsuit leaves its future in limbo. A definitive court ruling is needed — and soon.