A Senate committee has advanced a bill that would require courts to consider alternative sentences for some nonviolent felony defendants who are the primary caretakers of dependent children.
Senate Bill 122, sponsored by Julie Raque Adams, R-Louisville, would require courts, upon a defendant’s post-conviction motion, to determine whether the person is a caretaker of a dependent child before sentencing. If so, judges would be required to consider alternatives to incarceration, such as probation.
Rep. Nick Wilson, R-Williamsburg, said the measure is intended to support rehabilitation while helping families remain intact.
“This isn’t for every parent,” Wilson said. “This is for a parent who’s tried, who wants to be a caretaker, who wants to raise a family.”
Some lawmakers questioned whether the bill would create unequal outcomes. Sen. Phillip Wheeler, R-Pikeville, said it could amount to a two-tiered justice system, while Sen. Danny Carroll, R-Paducah, said feedback from commonwealth’s attorneys suggested courts already have similar discretion through pre-sentence investigations.
Wilson responded that the proposal simply adds another factor for judges to weigh on a case-by-case basis.
Senate Minority Caucus Chair Reginald L. Thomas, D-Lexington, said that the bill was a good step for Kentucky children.
“All of us want the very best for our children, and we should transfer that. We want to be the best for our children. People do make mistakes. Nobody’s perfect. If parents want to come back and correct their mistakes, we ought to be stewards of that,” he said.
SB 122 now heads to the full Senate.
