Today, the Kentucky Senate will vote on legislation that reflects something most Kentuckians already believe: strong families are the foundation of a safe and thriving Commonwealth.
The Family Preservation and Accountability Act (SB 122 / HB 464) is straightforward. It allows judges to sentence low-level, non-violent, non-sexual caregivers to alternatives other than jail so they can be held accountable without unnecessarily tearing apart their families. In one sentence: the bill strengthens public safety by preserving family stability while maintaining accountability.
Under current law, Kentucky Revised Statute KRS 533.010(6) gives courts several sentencing alternatives that include halfway houses, jail time up to 12 months, residential treatment programs, and reentry centers. These options can be appropriate in many cases, but for parents and primary caregivers, they often function exactly like incarceration. A mother ordered to spend 12 months in a residential treatment facility cannot tuck her children in at night. A father serving time in a halfway house cannot care for an elderly parent who depends on him.
The result is predictable — families are split apart. Children and vulnerable relatives are pushed into state-managed systems (often at the taxpayer’s expense) and when caregivers are finally released, they face years of instability trying to reunite and rebuild. Nothing about this disruption guarantees safer communities.
The FPAA does not eliminate punishment, it does not excuse crime, and it does not apply to violent or sexual offenders. It simply restores discretion to judges so they can tailor sentences in appropriate cases. Courts would still require supervision, treatment, restitution, or other strict conditions. Defendants would still be held accountable. But instead of defaulting to sentences that remove the primary caregiver from the home, judges could impose structured alternatives that protect public safety while keeping families intact.
Conservatives often say that when families weaken, government grows. The FPAA recognizes that truth. When low-risk caregivers are unnecessarily removed from their homes, the state absorbs the fallout — through foster care placements, public assistance, and expanded social services. That costs money. It also creates deeper instability in neighborhoods that are already under strain.
If we believe families are the first line of defense against crime and social disorder, then public policy should reinforce them whenever possible — not fracture them by default.
This bill has not been rushed. It passed the House unanimously last year by a vote of 93-0 before stalling in the Senate. During the interim, lawmakers, policy experts, and members of Kentucky’s judiciary worked carefully to strengthen and refine it. Our Commonwealth’s judges offered sharp feedback and thoughtful improvements to ensure the bill protects both liberty and public safety. Judges from Tennessee shared best practices from their own experience. The final product reflects careful collaboration, not political impulse.
Most importantly, courageous Kentucky families stepped forward to share their stories — Jayden Spence and Amanda Hall and Brittany Herrington and Gavin Herrington — individuals who experienced firsthand how current law can make it nearly impossible to pursue treatment, remain accountable, and preserve their families at the same time. Their testimonies grounded this effort in reality, not just theory.
The FPAA does not weaken accountability; it strengthens it by making punishment smarter. It focuses resources where they belong, on violent and serious offenders, while giving judges the tools to handle low-level cases in a way that promotes long-term stability. Being tough and being thoughtful are not opposites. Conservatives have always understood that.
Kentucky has an opportunity to lead by reaffirming a simple principle: justice and family preservation are not in conflict. They work together. When families remain intact and caregivers are required to confront addiction, repay debts, and comply with supervision in the community, neighborhoods are more stable and taxpayer dollars are better spent.