Legislative Research Commission Letter to Director Robert Sherman Regarding Cost of the Death Penalty in KY since 1976, 2009 February 2

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February 2, 2009

Mr. Robert Sherman

Director

Legislative Research Commission
Commonwealth of Kentucky

700 Capitol Avenue, Room 300
Frankfort, Kentucky 40601

RE: Cost of the death penalty in KY since 1976 and alternatives
Dear Mr. Sherman,

The cost of the death penalty in KY comes from a number of sources. I would like to
understand what the total cost has been for the death penalty since its re-enactment
December 22, 1976 and what it would cost to instead incarcerate someone for the rest of
their life.

In order to understand what the total cost has been for the death penalty since 1976, I
would like to have the following information and any additional information that would
provide for a full understanding of the cost of the death penalty since 1976.

1) As context, how many cases in KY since 1976
A) have been eligible to be prosecuted as death penalty cases
B) were prosecuted as a death penalty case
C) was the death penalty returned by the jury or judge
D) have had the sentence of death reversed by a KY or federal court
E) has the person on death row died of natural causes
F) have had the defendant executed

2) Since 1976, how much has it cost prosecutors at the trail, appellate and
post-conviction level to prosecute death penalty cases?

3) Since 1976, how much has it cost defenders at the trail, appellate and
post-conviction level to defend death penalty cases?

4) Since 1976, how much has it cost the courts at the trail, appellate and
post-conviction level to handle death penalty cases?

5) Since 1976, what other costs have there been?
6) Since 1976, what has it cost corrections for executions?

7) What have other states determined as the cost of their death penalty?
8) What is the cost to incarcerate someone in KY for the rest of their life?

9) When public defenders have conflicts of interest and have to hire private
lawyers, what is the hourly rate? Is there a cap? How does this compare
to other states?

If there is any other information that would be helpful to understanding the costs, I would
appreciate your providing it to me.

Thanks for your help.

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