“HB 5 wrote a blank check on an account that is already overdrawn, and it will cause conditions of incarceration that are even more inhumane and dangerous than what we have now,” writes Kyle Ellison, a former probation and parole officer. (Getty Images)
House Bill 5, the “Safer Kentucky Act,” is emotion-based legislation, rather than the evidence-based legislation Kentucky deserves. Legislators and research organizations who presented data and asked hard questions were stonewalled at every step of development of this legislation, which became law over Gov. Andy Beshear’s veto.
Kentucky has the eighth harshest criminal sentencing statutes in the U.S., according to The Sentencing Project, even before HB 5, which will significantly increase penalties, takes effect.?Facts about the decrease in crime rates in Kentucky and the unknown billions of dollars HB 5 will cost, were drowned out by “tough-on-crime” sermons, photos of crime victims, and incessant crime stories on our televisions and computers.??
HB 5 wrote a blank check on an account that is already overdrawn, and it will cause conditions of incarceration that are even more inhumane and dangerous than what we have now. Those of us who worked in prisons and jails over the past 50 years have first-hand experience resulting from legislation that created more incarcerated people without adding money to the corrections budget for humane housing, rehabilitation programs and staff.?
Over the past 40 years, our legislature has enabled county jail beds to be used as state prisons, because jail beds are half the cost of state prison beds. Forty percent of state prisoners serving felony time are housed in jails designed for short term confinement, with no space or resources for humane living conditions and rehabilitation programs.?
The majority of county jails (45 of 74) are overcrowded. Twenty-eight jails have 120%, or more, people than beds and ten of those jails are more than 150% overcrowded, according to state reports.?
County budgets profit from overcrowding their jail with state and federal prisoners who come with per diem payments for the jail.? If horses were treated this way, there would be public outrage.?
Kentucky now has only one private prison. Our county jails are being operated on a private prison business model, and overcrowding prisoners brings in more money. Kentucky is the only state where jailers are elected officials who can lobby the legislature to support their interests. Kentucky’s jailers are well on their way to controlling the Kentucky Department of Corrections and there is no means to hold these individual “Kingdoms” accountable.?
Veto of mass incarceration bill gives Kentucky supermajority a shot at redemption
Our state prisons and jails are facing dramatic and sustained staff shortages which create dangers for staff and prisoners alike. From 2022 to early 2024, Kentucky State Penitentiary operated at half capacity because of staff shortage. Luther Luckett Correctional Complex has correctional officers working 60-hour weeks in a prison holding twice the number of people it was designed for.? Kentucky State Reformatory, once the largest state prison, is being closed for lack of staff. The largest state prison in 20 years is being built to accommodate geriatric prisoners. Louisville’s Metro jail is 80 correctional officers short. ?In 2021, Lexington’s jail considered using the National Guard for jail staff.??
These issues require funds that could be spent on education, mental health, addiction and housing. HB 5 dumped those problems on the legislators and citizens of tomorrow. In the meantime, we will all suffer when people held in inhumane conditions, without rehabilitation programs, are released. Kentucky’s state prisons hold 11,500 people and county jails hold 20,000 more. There are 63,000 people on probation or parole. HB 5 might feel tough on crime, but there is no evidence it will make anyone safer.??
Ten retired jail and corrections employees — who have a combined 245 years of experience in corrections work — contributed to this column and signed the accompanying research report. Read their?analysis of how they say the process and passage of HB 5 failed the people of Kentucky.
Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our website. AP and Getty images may not be republished. Please see our republishing guidelines for use of any other photos and graphics.
Kyle Ellison
Kyle Ellison has followed incarceration issues since 1972 when he became a Kentucky Department of Corrections probation and parole officer in Louisville. He worked for the Department of Corrections for 16 years. Seven of those years were as a training officer for prison and jail staff all over the state, giving him the chance to research the prison history of Kentucky.
Kyle Ellison