Recovery experts in Kentucky say a new state law is a potential game-changer for families struggling with addiction, requiring courts to weigh whether criminal defendants are primary caregivers before imposing incarceration for nonviolent offenses.

Gov. Andy Beshear signed the bipartisan Family Preservation and Accountability Act, known as Senate Bill 122, into law earlier this year. The measure allows judges to sentence low-level, non-violent offenders who are parents or caregivers to community-based alternatives rather than jail, a shift advocates say addresses a systemic problem in Kentucky's approach to criminal justice.

"What we have a real bad habit of in Kentucky is incarcerating parents, and we're incarcerating a lot of sick parents and not really incarcerating violent parents," said Brittany Herrington, recovery and outreach coordinator for Pathways, a certified community behavioral health center in Ashland. "We incarcerate a lot of people with addiction disorders."

The crisis is particularly acute in Kentucky. According to research cited by reform advocates, approximately one in 10 children in the state has or has had an incarcerated parent, often from families struggling with substance abuse and poverty. The state also incarcerates women at one of the highest rates globally, according to the ACLU of Kentucky, which contributes to an overcrowded foster care system and separates young children from primary caregivers.

The new law expands sentencing alternatives for parents convicted of low-level offenses, prioritizing family stability while maintaining accountability. Courts are now required to consider an individual's caregiver status before sentencing and to provide written findings when choosing alternatives to incarceration, according to justice reform organizations tracking the legislation.

Beyond the law, however, recovery advocates point to another barrier: the absence of automatic criminal record expungement in Kentucky. Herrington stressed that felony convictions remain permanently on criminal records in the state, preventing many people from returning to normal life after serving time.

"Automatic expungement would allow people to prove that they've changed, to prove that they're trying and to get their record cleared so they can live productively and earn a livable wage," Herrington said.