Judiciary panel passes DUI shock probation bill

Under a proposed new law, Kentucky judges would no longer be able to grant shock probation to defendants who kill someone while driving under the influence of drugs or alcohol. House Bill 192, sponsored by Reps. Tom Riner (D. Jefferson) and Tim Moore (R. Hardin), was passed by the House Judiciary Committee yesterday, and will now go to the floor for a vote of the entire Kentucky House of Representatives.

Popularly known as "The Kentuckians against Drunk Driving Act," The bill passed the Senate last year but was never voted on in the House Judiciary Committee in the past. Backers of the bill said they believed that H.B. 192 would pass the Senate again this year.

The bill prohibits shock probation if the defendant has been convicted of manslaughter in the second degree, (a Class C felony) or reckless homicide (a Class D felony) and a causative factor is driving under the influence. Offenders who might otherwise receive shock probation will be incarcerated for 1 to 5 years for reckless homicide or 5 to 10 years for manslaughter in the second degree. In Kentucky, a shock probation motion can be filed after an inmate has served a minimum of 30 days incarceration, and a judge can release the inmate from jail or prison within 10 days thereafter.

According to the financial impact statement filed by the Kentucky Department of Corrections, at the average rate of $19,030.70 per year, one Class C felon costs the Commonwealth between $95,153 and $190,307 to incarcerate (not accounting for inflation)

A Class D felony carries a sentence of 1 to 5 years. At the average rate of $19,030.70 per year, one Class D felon costs the Commonwealth between $19,030 and $95,153 to incarcerate (not accounting for inflation).

By contrast, the annual cost of probation and parole supervision is $964.92 per offender.
In calendar year 2006, 15 individuals with charges of either manslaughter in the second degree or reckless homicide were shock probated. The difference between the cost to incarcerate those individuals and the cost to supervise them on probation is approximately $271,000 per year.

Statistics from Kentucky Traffic Collision Facts for the year 2007 provide a summary of alcohol-related crashes:

* 5,189 total alcohol-related collisions
* 188 fatal alcohol-related collisions
* 204 persons killed in these collisions
* 2,866 persons injured in alcohol-related collisions
* 519 teenage drivers were involved in alcohol-related collisions
* There were 11 alcohol-related fatal collisions involving teenage drivers, with 12 total fatalities--6 were the teenage driver.
* Teenagers made up 5.9% of Kentucky’s licensed drivers but accounted for 10% of the alcohol-related collisions in 2007.