Kentucky’s Senate passed a bill that would automatically transfer
children charged with certain violent felonies to adult court, reported Jurist. The bill passed
the chamber by a vote of 25-9.
Senate Bill 20 stated that children age fifteen or
older charged with a “Class A, B, or C felony” will face trial as adults if a
firearm was used in the “commission of the offense.” The classes of felonies
cover offenses such as homicide, robbery, human trafficking and sexual
offenses. Trial as an adult would proceed regardless of whether the firearm was
functional or not.
The bill is intended to replace Chapter 132 of An Act Relating to Children, passed in
2021. Currently, judges and district attorneys have the discretion to transfer
children charged with violent felonies involving forearms to adult court.
Additionally, transfers, if found to be unwarranted, may be reversed. An
amendment to Senate Bill 20 also allows unwarranted transfers to be reversed.
Senate Bill 20 was introduced by state Senator Matthew
Deneen (R). Deneen stated during a Senate Veterans, Military Affairs and
Public Protection Committee hearing that the bill was needed to combat a
“spike” in violent crime. He also stated that the bill would advance the needs
of “victims before perpetrators.” While violent crime spiked in the state
during the COVID-19 pandemic, a report by the Kentucky State Police found that overall
serious crime rates fell across the state in 2022.
The bill must now pass Kentucky’s
Republican-controlled House of Representatives before going to Governor Andy
Beshear (D) for signing. The measure is one of many criminal policy changes under consideration in the state.
Kentucky has the eighth-highest imprisonment rate in the US, according
to The Sentencing Project. The state also has large racial disparities in its
incarcerated population. A Prison Policy Initiative prison profile of
the state registered Black residents imprisoned at rates nearly four times
higher than white residents.
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