Dear Representative XXX,
Rep. Darryl Owens has filed legislation to preclude the use of the death penalty for
individuals with severe mental illness. In the past this bill has enjoyed broad bi-partisan
support and we are hoping to demonstrate that this is still the case.
We are writing to ask for your support and your co-sponsorship of HB 145.
In the past we have offered the following reasons why this bill deserves passage:
e The death penalty cannot deter someone who cannot understand the consequences
of his/her actions; and
¢ Because of their diminished capacity severely mentally ill persons should be
treated in ways similar to others who have that same standing, e.g., persons with
mental retardation or those under 18 at the time the crime is committed.
In December 2011, a report prepared by a group of Kentucky’s distinguished jurists, legal
scholars, and practitioners and issued by the American Bar Association found significant
flaws in our capital sentencing process and made several unanimous recommendations.
One of these was that Kentucky needs to end the use of the death penalty for severely
mentally ill persons.
The proposed legislation, HB 145, is narrow in its application and applies only to the
following defendants:
e A defendant whose mental illness is severe;
e A defendant whose mental illness is active at the time the crime is committed; and
e A defendant who is charged after the effective date of this act.
House Bill 145 does not apply to
e Those individuals currently sentenced to death and awaiting execution; or
e Those whose actions are attributable solely to the intentional use of alcohol or
other drugs.
As proposed, HB 145 would call for a hearing before trial, during which a judge would
be presented evidence by the prosecution and the defense regarding the issue of severe
mental illness. If the judge finds that the defendant meets the criteria set forth in this bill,
then only the death penalty is excluded from consideration by a jury. All other penalties
for capital murder are still available, including life without parole. This assures the guilty
are punished and Kentuckians’ safety is secured.
If you have any questions, please contact us so we can seek to resolve your concerns.
Sincerely,
