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Kentucky lawmakers pass crime bill targeting violent felons, fentanyl, homeless, shoplifters

John Cheves, Lexington Herald-Leader on

Published in News & Features

LEXINGTON, Ky. — The General Assembly sent a controversial crime bill, the Safer Kentucky Act, to Democratic Gov. Andy Beshear on Thursday, although the governor declined to say at a news conference whether he plans to sign it into law or veto it.

The House of Representatives voted 75-23 to give final passage to House Bill 5 after accepting changes the Senate made to the bill.

The Republican super-majorities in both chambers passed the bill so overwhelmingly that even if Beshear did veto it, lawmakers easily can override his veto when they return April 12 for the last two days of their legislative session.

The crime bill will mean tougher law enforcement and penalties for homeless people, shoplifters and vandals, as well as carjackers, people fleeing police, fentanyl dealers, people who use guns while committing crimes and violent offenders, the last of whom would go to prison for the rest of their lives after “three strikes.”

It also expands the requirement that violent felony offenders serve at least 85 percent of their sentences by adding a new group of offenses to that category.

One estimate puts the crime bill’s price tag at more than $1 billion in the next 10 years, given a projected need for thousands of additional prison and jail beds. The state budget bill advancing through the legislature this week calls for Kentucky to spend $1.62 billion on its Department of Corrections over the next two years.

Critics opposing the bill said Kentucky already incarcerates more of its population than most other states despite a crime rate that’s been declining since a brief rise during the COVID-19 pandemic.

“We cannot incarcerate our way to prosperity,” Kungu Njuguna, policy strategist of the ACLU of Kentucky, said after Thursday’s House vote.

“We must listen to data and prioritize the experience of directly impacted people when it comes to solving problems in our commonwealth,” Njuguna said. “We must invest in root-cause solutions like housing, education and treatment.”

However, several of the bill’s supporters in the legislature on Thursday said it’s common sense that removing violent offenders and other scofflaws from society will make Kentucky a safer place for everyone else.

 

“If you get convicted of a violent crime, you’re going to the Big House, and you’re going for a long time,” said state Rep. Jason Nemes, R-Middletown.

Defending the bill’s “three strikes” rule that will send violent felony offenders to prison for life terms after three convictions, Nemes said, “How many times can you burn down a house? How many people do you get to rape? ... Three is too many times. I would say it ought to be two.”

But not every crime listed in the bill is a violent felony.

One of the most controversial parts of the bill is a new offense, “unlawful camping,” which will be used against homeless people in public. A first offense will be a violation, which can bring a fine up to $250. Further offenses will be a Class B misdemeanor, which can result in arrest and fines.

The bill requires local governments to enforce this part of the law or face sanctions from the attorney general.

Homeless advocates and homeless people have warned the “unlawful camping” crackdown will criminalize poverty on the streets. The bill’s sponsors said they want to get homeless people into shelters and mental health treatment.

In January, the U.S. Supreme Court agreed to hear a challenge to a similar street camping ban in Oregon, to decide whether it violates the Eighth Amendment’s prohibition on cruel and unusual punishment if there are no shelter beds available for homeless people.

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©2024 Lexington Herald-Leader. Visit at kentucky.com. Distributed by Tribune Content Agency, LLC.

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