Kentucky Senate adopts amendment and passes bill to let judges consider caretaker status in sentencing
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Summary
Senate Bill 122, amended on the floor to move caretaker language into the existing sentencing statute and to broaden 'caretaker' definitions (including pregnant people awaiting sentencing), passed the Kentucky Senate after sponsor testimony about family impacts and collaboration with judges and stakeholders.
Frankfort — The Kentucky Senate on Feb. 25 passed Senate Bill 122 as amended, a measure that updates alternative sentencing statutes to more explicitly require judges to consider a defendant's status as a caregiver when fashioning sentences.
Senator from Jefferson 36 presented SB122, saying Kentucky has "one of the highest rates of kids impacted by parental incarceration in the country" and that many incarcerated Kentuckians are parents or caregivers. The senator said stakeholders — judges, prosecutors, defense attorneys, child welfare professionals and community organizations — worked on the proposal to give judges more tools to balance public safety with family stability.
On the floor, Senator from Laurel introduced and the clerk reported Senate floor amendment 1 to SB122. The amendment moves caretaking language into the existing sentencing statute (identified in the transcript as KRS 5 33.01), expands the definition of "caretaker" to include those who provide housing, health, education, safety or support for dependents and explicitly includes people who give birth or are pregnant while awaiting sentencing. The amendment also preserves judicial discretion and places the burden on defendants to present evidence supporting caretaker status. The presiding officer announced the amendment was adopted after a voice vote: "Ayes have it."
Senators who spoke in support framed the bill as a refinement of sentencing practice rather than a mandate for probation or reduced penalties. Senator from Jefferson 36 said the bill "does not mandate probation" and "does not eliminate incarceration as an option," calling the measure a clarification and modernization of existing law. Senator from Pike and others voiced appreciation for the collaborative drafting and said they would vote in favor.
The clerk conducted a roll-call vote on SB122 as amended. One member later changed a previously cast vote; the presiding officer announced the final tally as "35 yays, 2 nays," and declared the bill passed.
Procedure and next steps: SB122, having passed the Senate as amended, will continue through the legislative process. The amendment explicitly references the sentencing statute and broadens the class of persons whose caregiver role judges must consider; sponsors said judges retain full discretion.
