Ky. judge extends ban on early prisoner release

SOMERSET, Ky. (AP) — A southern Kentucky judge has extended a temporary ban on the General Assembly’s plan to save money by releasing some inmates early.

Pulaski County Circuit Judge David A. Tapp said he will rule in coming days on whether to grant a temporary injunction that would block the plan until a legal challenge is resolved. On Wednesday, Tapp extended an existing restraining order that applies to his court district’s three counties — Lincoln, Pulaski and Rockcastle.

Commonwealth’s Attorney Eddy Montgomery is seeking a statewide injunction to prevent the Department of Corrections from releasing inmates from prison early or from dropping parolees from supervision. The plan adopted by lawmakers gives inmates more credit than normal for time served on parole and uses that credit toward fulfilling their minimum sentences.

“This is about people serving the time that they’re supposed to serve,” Montgomery said.

Kentucky lawmakers, faced with soaring prison costs and an estimated $900 million two-year drop in revenue, authorized the proposal as part of an $19 billion two-year budget bill earlier this year. The Department of Corrections budget is $424.5 million in the current fiscal year, which started last month, and $440.4 million the next.

Lawmakers approved the plan as part of the state’s budget bill, which means it’s set to expire on June 30, 2010. The state now has more than 21,000 prison inmates. So far, about 1,000 inmates have been released from prison and about 1,500 parolees dropped from supervision under the plan.