VIOLATORS FILLING JAILS FRANKLIN

A drug bust in Simpson County two
weeks ago netted warrants for 18 individuals - 10 with prior drug
convictions and one who was on probation at the time of his latest
arrest. The numbers reflect why police are frustrated with a legal
system that requires judges to look at alternative sentencing. That
requirement means many of those arrested might never see the inside of
a state prison.

"We (judges) have a statutory duty to consider probation or
conditional discharge as an alternative to incarceration in every case
where probation or conditional discharge is not prohibited by
statute," Simpson Circuit Judge William Harris said.

That obligation stems from a 1998 law, HB 455, a portion of which
encouraged the judicial branch to consider probation as an alternative
to incarceration if the person is a nonviolent offender.

The intent of that bill was to alleviate jail overcrowding, said Rep.
Steve Nunn, R-Glasgow, who co-sponsored the legislation.

"Trying to find ways to help ease the cost and the mechanisms with
which corrections and justice deal with those offenders is one of the
most perplexing and difficult issues we face," Nunn said.

"If you could break it down as public officials would look at it, the
public - voters and taxpayers - want laws that attempt to control
drugs in society and drug dealers and drug users in society, but the
reality is that many of our best efforts and the most tough laws we
pass have minimal impact or no impact on drugs and drug use in our
communities," Nunn said.

"We change things quite regularly but so much depends on the money
available and the wheel that squeaks the loudest," he said. "As
corrections reaches its capacity of inmates then government looks for
other alternatives."

While the law was designed to create alternatives, it has become a
double-edged sword of sorts. Many southcentral Kentucky jails that
house state inmates are either at capacity or overflowing.

Additionally, HB 455 created the need for 43 additional employees
within the Division of Probation and Parole. The division saw its
budget increase from $17.6 million in 1998 to $22.7 million for the
current fiscal year.

Some county jailers in the region have noticed an increase in the
number of parole violators returning into custody. Barren County saw
the largest increase with 11 reincarcerated parolees in 1998 and 17 in
2000, according to probation and parole statistics.

"It appears to me there are many more parole violators for technical
reasons," Simpson County jailer James Mooneyhan said.

A technical violation occurs when a parolee is reincarcerated for
violating a condition of their parole such as failing a drug test.
Statewide, in 1998 a total of 1,366 people were reincarcerated for a
technical parole violation. In 2000, the number jumped to 1,601.

Al Dean Bowman, 33, who is serving time in the Simpson County Jail for
a 1997 cocaine trafficking offense was paroled Sept. 22, 1999, but on
April 11, Bowman was reincarcerated for a technical violation, he said
in a telephone interview from the jail.

Bowman's technical violation was for possession of an antique samurai
sword. The sword belonged to his deceased father and had been passed
down to Bowman. Bowman's parole officer also found beer cans in his
apartment, which Bowman claims belonged to people visiting him.

By his own admission, prior to the 1997 charge, Bowman was no stranger
to the criminal justice system. In his opinion, probation and parole
officers seem to be looking for more technical violations.

In 1998, there were 1,507 parole violators statewide who were
reincarcerated. Two years later, after HB 455 went into effect, there
were 1,721 parole violators reincarcerated for a 14.2 percent jump,
according to William Clark, systems consultant for the Kentucky
Department of Corrections.

A solution to the problem will not be easy to find.

"Police officers are always going to question why people aren't in
jail. Judges are always going to be under pressure from the
legislature and fiscal courts to release people from jail and those
two will never reconcile themselves," Warren County Commonwealth's
Attorney Steve Wilson said.