Sen. Westerfield Named Co-Chair

Earlier this year, the National Conference of State Legislatures named me, along with a colleague from the Nebraska Senate, as Co-Chair of a newly formed Juvenile Justice Principles Working Group.  My Co-Chair and I have been working with NCSL staff over the last few months to prepare for the group's upcoming meetings this year.  We aim to produce a report, or white paper of sorts, to guide states looking at reforming their juvenile justice systems.  Here's my release about the news:

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For Immediate Release
Contact: John Cox
859-492-2963
John.Cox@LRC.KY.GOV

SENATOR WHITNEY WESTERFIELD APPOINTED AS CO-CHAIRMAN OF NCSL JUVENILE JUSTICE PRINCIPLES WORK GROUP

FRANKFORT, Ky. (June 5, 2017) – State Senator Whitney Westerfield was recently appointed as co-chairman to the newly-established Juvenile Justice Principles Working Group, a subset of the National Conference of State Legislature’s (NCSL) Law, Criminal Justice And Public Safety Committee.

“It is easier to build strong children than to repair broken men.”

— Frederick Douglass

According to NCSL, the purpose of the juvenile justice work group is to discuss and develop a set of principles of effective juvenile justice state policy that NCSL will publish as a report to guide policy review and reform in the states. The report is intended to identify policy-making strategies that are rooted in research, reflect bipartisan/nonpartisan values, and help states invest in proven methods to put justice-involved youth back on the right track, while also keeping communities safe.  The principles and report will be an important tool that state lawmakers can apply both now and well into the future.

Senator Westerfield, the chairman of the Senate Judiciary Committee and a member of both the Juvenile Justice Oversight Council and Governor Matt Bevin’s Criminal Justice Policy Assessment Council, thanked NCSL for the appointment. “Our work in the juvenile justice system here in Kentucky has set a national standard, giving a template for several other states to follow, yet we still have so much to do to improve outcomes for youth and improve public safety,” said Senator Westerfield. “I thank NCSL for this opportunity and I look forward to bringing my experience to the table, working with many dedicated men and women from across the United States to shape policy that will help our children in Kentucky and across the country.”

The Juvenile Justice Principles Working Group’s first meeting is June 6-8. Senator Westerfield championed Kentucky's comprehensive juvenile justice reform in 2014, and the Commonwealth's 2017 criminal justice reform law, Senate Bill 120, and will be presiding at two of the conference’s meetings. Those meetings will focus on juvenile justice research and data and juvenile justice reform, both for which Senator Westerfield has been an advocate in Kentucky.
 

The National Conference of State Legislatures was established in 1975 and is a bipartisan, non-governmental organization dedicated to the success of state legislatures. NCSL has three main objectives: improve the quality and effectiveness of state legislatures; promote policy innovation and communication among state legislatures; and ensure state legislatures have a strong, cohesive voice in the federal system.

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Interim Update #1

SB120

After seven months of work by Governor Matt Bevin's Criminal Justice Policy Assessment Council, or "CJPAC," SB120 was filed to make changes to the criminal justice system to achieve two goals:

• Improve Public Safety
• Enhance the Administration of Criminal Justice

Below I've included the committee substitute ("SB 120 PSS1" – SB 120 Proposed Senate Substitute 1) which will be considered in committee tomorrow.  The substitute makes additional edits to the bill as it was filed, requested by various stakeholder groups.  I've also included a section-by-section summary of the contents of the committee substitute, and a brief one-page summary of the major policy highlights of the bill.

Real ID

I'm thankful to hear that Kentucky has been granted an extension on the compliance deadline relating to Real ID.  The extension moves the January 30 deadline until June 6th.  See the letter from the Department of Homeland Security here, which sets the new extended deadline and a list of Kentucky's current points of both compliance and non-compliance:

Defense

Over the course of the historic first week of the 2017 Regular Session two bills were passed that aimed to give greater information to women seeking an abortion and to restrict when abortion should be available because the unborn child can feel pain from the procedure.

House Bill 2 – The Ultrasound Informed Consent Act

HB2 require an ultrasound be performed prior to an abortion so that the mother can be fully informed about the procedure and the life she carries before making the decision to choose abortion.

Senate Bill 5 – Pain Capable Unborn Child Protection Act

SB5 prohibits abortions after the 20th week of pregnancy, except in cases of medical emergencies, because the babies can feel pain.

Both bills contained emergency clauses, making them take legal effect immediately upon the Governor's signature.  The ACLU promptly sued the Commonwealth over HB2 (ultrasound) on the grounds the bill is unconstitutional.  I disagree.

Unfortunately, the duty of defending the law falls on the shoulders of an attorney general I have little faith will actually work hard to defend the law's constitutionality.  And General Beshear removed all doubt with the following press statement on the matter:

As attorney general, it is my duty to enforce the Constitution. It is also my duty to defend laws where the constitutionality is questionable and finality is needed. Adhering to these duties is why, after close review, my office will defend the agencies sued over House Bill 2 that seek our representation. Whether a mandatory ultrasound and explanation is constitutional has split the two federal appellate circuits that have directly addressed it. The Sixth Circuit that includes Kentucky, has not rendered a decision. I will advise that this matter has risks and potential costs, which resulted in over $1 million in legal fees to North Carolina, which lost its defense. Conversely, my office will not represent the state on any challenge to Senate Bill 5, the 20-week ban. This law is clearly unconstitutional based on our review of numerous federal appellate rulings, which state that identical statutes in other jurisdictions are illegal under numerous Supreme Court decisions. While these decisions may not please advocates on either side, my duty is to the law.

Given the AG's lukewarm support for legislation protecting human life, passed by an overwhelming bipartisan number of legislators representing the vast majority of the people of the Commonwealth, I joined with the House Judiciary Chair, Hon. Joseph Fischer; the Speaker of the House, Hon. Jeff Hoover; and the President of the Senate, Hon. Robert Stivers, in filing an amicus brief in support of HB2.

You can view the brief and other court filings right here:

Note the detail and passion of the General's response to the ACLU's motion for the temporary restraining order to temporarily stop the ultrasound requirement.  Spoiler Alert: "...the Attorney General does not take a position on the Plaintiffs' Motion for a Temporary Restraining Order." 

Here's the ACLU lawsuit challenging the constitutionality of HB2 if you care to read it: