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Kentucky Passes Landmark Legislation to Combat Heroin Epidemic



Summary/Abstract

Kentucky's General Assembly passes landmark legislation that increases the availability of Naloxone, creates Syringe Exchange Programs, provides funding for addiction treatment in prisons, increases funding for public addiction treatment services and programs and features a Good Samaritan provision that protects the people who report overdoses and remain with victims until help arrives. It also increases penalties for drug traffickers and dealers.

Content

FRANKFORT, Ky. -- In the movement to reduce illegal drug use in Kentucky, the General Assembly voted overwhelmingly Tuesday night for legislation designed to counter the state's heroin epidemic.

“Senate Bill 192 is a major step forward in tackling what has become a crisis for both our criminal justice and healthcare systems,” State Rep. John Tilley, the House Judiciary Committee chairman who also served as the chamber’s point person on the bill said. "I am also pleased our plan to set aside $10 million to begin implementation quickly is a part of this bill as well."

Gov. Steve Beshear signed the bill into law around 11:00 a.m. Wednesday morning.

"This bill sends a clear message to two groups of people," Beshear said in a press conference before signing the bill. "To dealers, it says, 'We're coming after you, we're going to put you out of business, and we're going to put you in jail.' To Kentuckians addicted to this terrible drug, it says, 'We're coming to help you.'"

State officials, according to the Office of the Kentucky House Speaker's communications director Brian Wilkerson, have seen deaths related to heroin overdose jump tremendously in the last five years.

The Kentucky State Police's crime lab reported a 400 percent workload increase during that time, Wilkerson said.

He said a statewide study showed about one in 10 Kentucky residents has had someone close to them have heroin-related troubles.

State Rep. Joni Jenkins lost her nephew to a heroin overdose in 2013, Wilkerson said.

“If we are to truly get a handle on this epidemic, to rescue the hundreds who die every year, treatment has to play a major role," Jenkins said. "We cannot incarcerate ourselves out of this problem.” 

According to Wilkerson the following House-sponsored measures are set to become law under Senate Bill 192:

 A Good Samaritan provision, which will give legal immunity to drug addicts who report an overdose victim to authorities.  “All too often, overdose victims are left to die because the people they are with fear being arrested,” Rep. Tilley said.  “This provision should alleviate that concern if it is done in good faith.  Our first priority is getting these victims the emergency treatment they need as quickly as possible.”  He noted that 25 other states already have something similar.

·Greater use of life-saving drugs like Naloxone, which can reverse overdoses if administered in time, and Vivitrol, which has proven effective in weaning addicts off heroin.  “We want to make sure these two miracle drugs and those like them are more widely used across the state,” Rep. Tilley said.

·A re-direction of savings from 2011’s criminal-justice reforms.  This money will be used to do such things as ramp up substance-abuse programs in jails and community health centers; speed up prosecutions in controlled-substance cases; and hire more social workers to help come up with alternative sentencing plans for addicts and those with mental illness caught up in the criminal justice system.

·A local-option needle-exchange program, which would reduce the prevalence of such blood-borne diseases as HIV and Hepatitis C and the prevalence of dirty needle sticks by law enforcement and the public.  Thirty-five states have something similar in place.  “Just in the last few weeks in Scott County, Indiana, we have seen a stark reminder of what shared needles can do,” Rep. Tilley said.  “That community is now facing HIV rates more common in sub-Saharan Africa.  A needle-exchange program could have helped stopped that, and could have been an entry point to get some of these addicts into treatment.  In Kentucky, communities will now have the ability to take this step if they choose.”

·Other provisions in the law will make it easier for hospitals to refer overdose victims to substance-abuse treatment programs; to expand the availability of those types of programs within Medicaid; and to make it easier for small in-patient medical facilities to expand to treat more addicts.  Physicians will also have greater authority to treat their patients who are addicted.

Senate Bill 192 also calls for tougher penalties for criminals in cases involving large amounts of heroin, Wilkerson said.

  • Anyone who sells up to two grams of heroin will continue to face a Class “D” felony, which is one to five years in prison, and be required to serve 50 percent of their sentence before being eligible for parole if circumstances show the person is a commercial trafficker.
  • Those selling two grams up to 100 grams will now face a Class “C” felony, which is five to 10 years, as will those bringing heroin into Kentucky, no matter the amount.
  • Those trafficking in more than 100 grams will face a Class “B” felony, which calls for 10 to 20 years in prison.

Kentucky Governor Steve Beshear issued to following statement Tuesday night:

“This is the legislation Kentuckians have been waiting for – a robust and comprehensive package that attacks the spectrum of heroin abuse, from punishing traffickers to supporting addiction treatment to protecting public health through needle exchanges. Heroin is a multi-dimensional monster and demands an array of tactics to support families, treat addicts and protect our communities.  Senate Bill 192 is tough on traffickers who bring these deadly drugs into our communities, but compassionate toward those who report overdoses or who admit they need help for their addiction.  I applaud our legislators for putting aside partisan interests for the greater good of all Kentuckians who have been affected by this devastating drug. Because the bill has an emergency clause, I will sign it first thing tomorrow morning – Kentuckians can’t wait one more minute for the tools it provides to fight heroin.”

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