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Legislative Overview: The Family Preservation and Accountability Act

Courts should be required to consider an individual’s caregiver status before sentencing for non-violent offenses.

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Photo by Ye Jinghan / Unsplash

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Kentucky has one of the highest rates of children with incarcerated parents in the U.S., with an estimated 12% of children affected. The impact of parental incarceration has long-lasting consequences on children’s health, education, and future involvement in the justice system. With 64% of women and 55% of men incarcerated in Kentucky being parents, the need for change is urgent.

The Family Preservation and Accountability Act addresses these challenges by expanding sentencing alternatives for primary caregivers convicted of non-violent offenses. This bill prioritizes family unity, reduces harm from the separation of parents and children, and offers a rehabilitative approach that preserves the parent-child relationship while safeguarding child safety.

Sentencing Alternatives for Primary Caregivers: Courts are required to consider an individual’s caregiver status before sentencing for non-violent offenses and explore alternatives to incarceration when the individual does not pose a safety risk.

Focus on Rehabilitation: The bill encourages sentences that support the parent-child relationship, including parenting programs, mental health counseling, and vocational training to reduce recidivism and improve family stability.

Transparency and Accountability: Courts must provide written findings on sentencing alternatives, and the Administrative Office of the Courts must report annually to the Kentucky General Assembly on the bill’s implementation and impact.

  • Reduces adverse childhood experience by preserving healthy parent-child relationships;
  • Lowers foster care placements by enabling primary caregivers to remain at home;
  • Supports rehabilitation to reduce recidivism and improve family stability;
  • Enhances public safety through community-based alternatives to incarceration.

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