Members of Kentucky’s judicial system are warning the next state budget being negotiated in the General Assembly would eliminate Specialty Courts for defendants struggling with addiction and mental illness.
The Judicial Branch Budget, House Bill 504, would reduce funding 4% percent in the first year of the biennium and 7% percent in the second year. That represents a $33 million cut over two years.
Those proposed cuts would eliminate Drug, Mental Health, and Veterans Courts that serve thousands of Kentuckians with a substance use disorder or mental illness that contributes to their criminal behavior.
Judge Sara Beth Gregory, Kentucky's 57th Judicial Circuit, presides over Drug Court in Russell and Wayne counties.
“Drug court gives us an alternative to incarceration that really gives these people a pathway to becoming part of the workforce, breaking the cycle of addiction, providing for their children, paying restitution, and becoming a positive influence in the community," Gregory told WKU Public Radio.
Specialty Court participants undergo treatment programs, drug testing, and court supervision. The courts, however, aren’t constitutionally required, which Kentucky's chief justice says makes them the only viable option to eliminate under the proposed cuts.
“The Judicial Branch already operates with a lean budget, with about 90% devoted to personnel and the basic costs required to keep courthouses open and functioning,” Chief Justice Debra Hembree Lambert said in a news release from the Kentucky Administrative Office of the Courts (AOC). “When cuts of this magnitude occur, there is simply no way to absorb them through small efficiencies or administrative changes."
The proposed reductions threaten Drug Court statewide, Mental Health Court in 17 counties, and Veterans Treatment Court in eight counties.
A Conference Committee is expected to finalize Kentucky’s next two-year state budget this week.
“Until we adjourn sine die, there’s possibility galore. “There’s robust discussion around all three branch budgets," said Senate President Pro Tem David Givens (R-Greensburg). "I appreciate the role the judicial branch plays. They play a vital role, but they’ve got to do it within the confines of what the taxpayers provide.”
Kentucky's Specialty Courts have earned national recognition for their results, according to the AOC. Since 2019, the programs have helped 5,110 individuals secure employment. Another 555 participants achieved educational goals, while 1,621 improved their housing stability. Participants also obtained 2,025 driver’s licenses, removing a major barrier to employment and independence and the programs supported the birth of 404 drug-free babies.
Specialty Courts also provide a lower-cost alternative to incarceration. In Kentucky, the average annual cost to incarcerate one person is about $16,060, or roughly $44 per day, according to the Vera Institute of Justice. By comparison, the average annual cost for a Specialty Court participant is about $6,507, or roughly $18 per day.
Program outcomes also show recidivism rates below the statewide average.
