Criminal Justice Reform Policy

Dave Biggers for Louisville Mayor 2026

Executive Summary

Louisville’s criminal justice system perpetuates injustice while failing to deliver safety. With over 1,800 people jailed daily (60-70% unconvicted and awaiting trial), a two-tier justice system where wealth determines freedom, and unequal treatment in every stage from arrest to sentencing, our system embodies the opposite of equal justice under law.

Dave’s Vision:

Justice that heals communities rather than destroying them. A system that holds people accountable while providing pathways to redemption. Alternatives to incarceration for non-violent offenses. Treatment instead of punishment for addiction and mental illness. Second chances through expungement and reentry support.

Key Proposals:

1. Bail Reform & Pretrial Services – End wealth-based detention, $5M annually
2. Diversion Programs – Treatment and accountability instead of incarceration, $8M annually
3. Reentry & Expungement – Remove barriers to employment and housing, $4M annually
4. Legal Aid Expansion – Equal access to justice regardless of income, $3M annually
5. Prosecutorial Accountability – Data-driven equity in charging decisions, $2M annually

Budget Impact:

$22 million annually within $1.13 billion budget
– Funded through $40M+ in reduced incarceration costs
– Creates 150+ jobs (case managers, attorneys, counselors)
– Saves $60M+ over 4 years while improving outcomes

Current Situation: A System That Fails Everyone

The Incarceration Crisis:

Louisville Metro Corrections:
– 1,800 people jailed on any given day
– 1,100-1,300 are pretrial (awaiting trial, not convicted)
– Average pretrial detention: 45-90 days, some wait over a year
– Cost: $80-100 per person per day = $50M+ annually for unconvicted people

Wealth-Based Justice:
– Poor defendants jailed because they can’t afford $500-5,000 bail
– Wealthy defendants released immediately regardless of danger
– Pretrial detention causes job loss, eviction, family separation
– Many plead guilty just to end detention—even when innocent

Failure to Reduce Crime:
– Recidivism rate: 50%+ within 3 years
– Root causes unaddressed: Addiction, mental illness, poverty, trauma
– Collateral consequences: 900+ legal penalties after sentence served
– Cycle of reincarceration: Barriers to jobs/housing guarantee return to crime

Who Suffers Most:

Poor Defendants: Jailed because they can’t pay $500-5,000 bail—losing jobs, homes, and time with their families while wealthy defendants go home

Families: 15,000+ Louisville children have incarcerated parents, perpetuating generational trauma and poverty

Victims: System focused on punishment rather than accountability, healing, or prevention

Taxpayers: $150M+ annually on incarceration that doesn’t reduce crime or improve safety

Dave’s Vision: Justice That Works

Measurable Outcomes (4 Years):

• 50% reduction in pretrial detention (1,100 → 550 people)
• 40% reduction in overall jail population (1,800 → 1,080 people)
• 30% reduction in recidivism (50% → 35% within 3 years)
• Equal treatment in bail, charging, and sentencing, whatever a defendant can pay or wherever they live
• $36.5M annual savings from reduced incarceration
• 5,000+ people connected to treatment, jobs, housing instead of jailed

Detailed Policy Proposals

1. Bail Reform & Pretrial Services

See Glossary Terms: Bail Reform, Pretrial Detention, Pretrial Services, Money Bail, Risk Assessment

End Wealth-Based Detention:

The Problem: Louisville jails 1,100-1,300 unconvicted people daily solely because they can’t afford bail. This violates presumption of innocence and due process while costing $50M+ annually.

Dave’s Solution:

Risk Assessment, Not Wealth:
– Judges use validated risk assessment tools evaluating danger and flight risk
– Low-risk defendants released regardless of ability to pay
– High-risk defendants detained regardless of wealth
– Eliminate cash bail for most misdemeanors and non-violent felonies
– Transparency: Publish bail decisions by race, charge, and amount

Expanded Pretrial Services:
– Triple capacity from current 300 slots to 1,000 slots
– Services: Court date reminders, check-ins, electronic monitoring, treatment connections
– Staffing: 40 pretrial services officers (current: 12)
– Cost: $5-10/day vs. $80-100/day for jail
– Support services: Job placement, housing assistance, mental health/substance abuse treatment

Budget: $5 million annually
– Pretrial services staff and operations: $4M
– Risk assessment technology: $500K
– Legal aid for bail hearings: $500K

Expected Outcomes:
– Release 500+ low-risk defendants from jail
– Save $20M annually in reduced detention costs
– 95%+ court appearance rate (vs. current 92%)
– Eliminate wealth-based detention disparities

2. Diversion Programs: Treatment Not Incarceration

See Glossary Terms: Diversion Program, Drug Court, Mental Health Court, Pre-Arrest Diversion, Restorative Justice

The Approach: For non-violent offenses driven by addiction, mental illness, or poverty, treatment and accountability work better than incarceration.

Pre-Arrest Diversion:
– Police discretion: Officers can divert instead of arrest for minor offenses
– Immediate connection: To Community Wellness Centers for services
– No criminal record: Successful completion means no arrest/prosecution
– Eligible offenses: Drug possession, shoplifting, trespassing, prostitution
– Partnerships: LMPD, Community Wellness Centers, treatment providers
– Budget: $2M annually

Drug Court Expansion:
– Current capacity: 100 participants
– Expanded capacity: 500 participants
– Intensive supervision: Weekly court appearances, frequent drug testing
– Treatment: Inpatient or outpatient based on need
– Graduated sanctions: Accountability for non-compliance short of jail
– Successful completion: Charges dismissed, record expunged
– Budget: $3M annually (vs. $15M to incarcerate same people)

Mental Health Court:
– New specialty court for defendants with serious mental illness
– Treatment plans: Developed by mental health professionals, monitored by court
– Medication management: Ensuring compliance with treatment
– Housing support: Preventing homelessness that exacerbates mental illness
– Peer support: People with lived experience supporting participants
– Budget: $2M annually

Restorative Justice Programs:
– Victim-offender mediation: For property crimes and minor assaults
– Accountability: Offenders face victims, understand harm, make amends
– Restitution: Repay victims rather than just serve time
– Community service: Repair harm to community
– Eligible: First-time, non-violent offenders
– Budget: $1M annually

Total Diversion Budget: $8 million annually

Expected Outcomes:
– 2,000+ people diverted from incarceration annually
– 60%+ successful completion rate
– 70% reduction in recidivism vs. incarcerated comparison group
– $25M annual savings vs. incarceration
– Victims receive restitution and accountability

3. Reentry Support & Expungement

See Glossary Terms: Reentry, Expungement, Collateral Consequences, Second Chances, Fair Chance Hiring, Ban the Box

The Challenge: 100,000+ Jefferson County residents have criminal records creating permanent employment and housing barriers. Without support, 50%+ return to crime within 3 years.

Comprehensive Reentry Services:

Louisville Reentry Center:
– One-stop hub for people leaving incarceration
– Case management: Personalized support for 18 months post-release
– Services: ID/documents, housing assistance, job placement, benefits enrollment
– Peer support: People with successful reentry experiences as mentors
– Family reunification: Parenting classes, family therapy
– Budget: $2M annually

Employment Pathways:
– Job training: Skilled trades, healthcare, technology (6-12 week programs)
– Job placement: Partnerships with fair chance employers
– Transitional jobs: 6-month paid work experience for hardest-to-employ
– Entrepreneurship: Small business development support
– Incentives: Tax credits for employers hiring people with records
– Budget: $3M annually (through Workforce Development coordination)

Housing First for Reentry:
– Immediate housing: 100 housing vouchers for people leaving jail/prison
– Supportive services: Case management preventing homelessness
– Partnerships: Housing Authority, nonprofits, landlords
– Success metric: 80%+ housed 12 months post-release
– Budget: $1.5M annually

Expungement Clinics:
– Monthly clinics at Community Wellness Centers and libraries
– Free legal help: Volunteer attorneys guide eligible people through process
– Eliminate fees: Metro covers $500+ cost per expungement
– Automated expungement: For eligible offenses, automatic after waiting period
– Goal: 2,000+ expungements annually
– Budget: $500K annually

Ban the Box:
– Metro employment: Remove conviction history from initial applications
– Delay inquiry: Consider criminal record only after interview
– Individualized assessment: Evaluate relevance to specific job
– Private employer incentives: Encourage fair chance hiring practices
– No cost (policy change)

Total Reentry Budget: $4 million annually

Expected Outcomes:
– 70% of participants employed 12 months post-release (vs. current 40%)
– 30% recidivism rate (vs. current 50%)
– 2,000 criminal records expunged annually
– $15M saved annually from reduced reincarceration

4. Legal Aid Expansion: Equal Access to Justice

See Glossary Terms: Legal Aid, Public Defender, Access to Justice, Indigent Defense, Civil Legal Services

The Crisis: Louisville has only enough legal aid capacity to serve 10-15% of eligible residents. Low-income people face eviction, custody loss, domestic violence, and consumer fraud without attorneys while opposing parties have lawyers.

Criminal Defense:
– Strengthen Public Defender support: While state-run, Metro can supplement
– Holistic defense: Social workers, investigators, mitigation specialists
– Early representation: Attorneys at first appearance, not days later
– Budget: $1M annually Metro contribution

Civil Legal Aid:
– Partnership expansion: With Legal Aid Society, Access to Justice Foundation
– Weekly clinics: At Community Wellness Centers in underserved neighborhoods
– Focus areas: Eviction defense, expungement, custody, domestic violence, benefits
– Lawyer capacity: Fund 10 additional legal aid attorneys citywide
– Budget: $2M annually

Total Legal Aid Budget: $3 million annually

Expected Outcomes:
– Serve 5,000+ additional people annually
– Prevent 1,000+ evictions
– Obtain 2,000+ expungements
– Win 500+ custody/domestic violence cases
– Every $1 invested returns $10+ in eviction prevention, housing stability

5. Prosecutorial Accountability & Equity

See Glossary Terms: Commonwealth Attorney, Prosecutorial Discretion, Plea Bargain, Charging Decisions

The Problem: Commonwealth Attorney is independently elected, limiting mayoral control. But data transparency and advocacy can drive reform.

Data Transparency:
– Publish charging data: By race, charge severity, offense type
– Plea offer tracking: Document disparities in plea bargains offered
– Conviction rates: Track outcomes by prosecutor and case type
– Equal treatment audit: Annual independent analysis of prosecutorial decisions
– Budget: $500K annually (data systems, analysis)

Advocacy for Prosecutorial Reform:
– Decline low-level charges: Possession, trespassing, quality-of-life offenses
– Expand diversion eligibility: Treatment over incarceration when appropriate
– Eliminate charge stacking: Prosecute actual conduct, not maximum possible charges
– Sentence recommendations: Advocate for treatment, alternatives to incarceration
– Youth diversion: Expand options for juvenile offenders

Support Progressive Prosecution:
– Public advocacy: Use mayoral platform to support reforms
– Community organizing: Build grassroots pressure for change
– Electoral support: Endorse reform-minded Commonwealth Attorney candidates
– Budget: $1.5M annually (organizing, data, advocacy)

Total Prosecutorial Accountability Budget: $2 million annually

The gang-enhancement statute (HB 169). Kentucky’s 2018 gang-statute revision lowered the legal definition of a “gang” from five members to three — turning ordinary association among people who know each other into a chargeable conspiracy. Dave opposed it in 2018 and opposes the enhancement it created now: it fills jail beds without making anyone safer, and it is the same over-incarceration logic this platform’s bail-reform and diversion programs exist to reverse. Louisville’s prosecutors should decline to seek the gang enhancement absent an actual, provable criminal enterprise — not mere association.

Budget Summary

Total Annual Criminal Justice Reform Budget: $22 Million

Funding Sources (Budget-Neutral):

Reduced Incarceration Costs:
– 500 fewer pretrial detainees: $20M annually saved
– 300 fewer sentenced inmates: $15M annually saved
– Reduced recidivism: $10M annually saved
– Total savings the budget counts: $36.5M annually, from bail/pretrial reform. The estimates above add to $45M; the other $8.5M, from diversion programs and reduced recidivism, is not counted until it is proven.

Net Savings: $14.5M annually ($36.5M saved – $22M invested), more if the other $8.5M is proven

How the reallocation ledger funds it: the budget counts $36.5M of these savings, the bail and pretrial piece. $9.76M of that pays for this policy now: bail reform and pretrial services ($5M) and $4.76M of diversion. Reentry support ($4M), legal aid ($3M), prosecutor accountability ($2M) and the rest of diversion ($3.24M) are added as the jail savings are proven and outside money arrives; the rest of the jail savings pays for Dave’s top priorities first.

Return on Investment:
– Every $1 invested saves at least $1.65 in incarceration costs
– Every person diverted from jail saves $30K-50K annually
– Every expungement enables employment generating tax revenue
– Reduced recidivism prevents future crime costs

Implementation Timeline

First 100 Days:

1. Appoint Criminal Justice Reform Director
2. Convene judges, prosecutors, defenders, community for reform planning
3. Launch pretrial services expansion
4. Begin expungement clinics at 3 locations
5. Publish first prosecutorial data transparency report

Year 1:

• Triple pretrial services capacity (300 → 900 slots)
• Launch pre-arrest diversion pilot
• Expand drug court to 300 participants
• Open Louisville Reentry Center
• Conduct 1,000 expungements
• Reduce pretrial jail population 30%

Years 2-4:

• Reach full pretrial services capacity (1,000 slots)
• Mental health court operational
• Drug court serves 500 participants annually
• 2,000 expungements annually
• 50% reduction in pretrial detention
• 40% reduction in overall jail population
• 30% reduction in recidivism

Success Metrics

Jail Population (Quarterly):

• Pretrial detention: 1,100 → 550 (-50%)
• Overall jail population: 1,800 → 1,080 (-40%)
• Length of stay: 45 days → 20 days average

Diversion & Alternatives (Annual):

• People diverted: 2,000+
• Successful completion: 60%+
• Recidivism: 30% vs. 50% for incarcerated

Equity (Annual):

• Same bail for the same charge in every neighborhood
• Equal plea offers for equal charges regardless of income or neighborhood
• Equal sentencing outcomes for same offenses

Economic (Annual):

• Cost savings: $36.5M from reduced incarceration
• People employed post-reentry: 70%+
• Expungements: 2,000+
• Tax revenue from employment: $5M+

Related Glossary Terms

Core Criminal Justice: Bail Reform, Pretrial Detention, Pretrial Services, Diversion Program, Drug Court, Mental Health Court, Restorative Justice, Plea Bargain

Reentry & Records: Expungement, Reentry, Collateral Consequences, Fair Chance Hiring, Ban the Box, Second Chances

Legal System: Public Defender, Commonwealth Attorney, Legal Aid, Prosecutorial Discretion

Full glossary: rundaverun.org/glossary

FAQ

Q: Won’t releasing people pretrial make us less safe?

A: Risk assessment releases low-risk people, detains dangerous people regardless of wealth. Current system releases wealthy dangerous people who can pay bail while jailing poor non-dangerous people. Risk-based decisions improve public safety compared to wealth-based detention. Evidence from peer cities shows no increase in crime when pretrial release expands based on risk assessment.

Q: Don’t people need consequences for their actions?

A: Absolutely—but effective consequences that change behavior, not just punishment. For addiction, treatment works better than jail. For mental illness, medication and housing work better than incarceration. For poverty-driven crime, jobs and stability prevent reoffending. Diversion programs hold people accountable while addressing root causes—more effective than incarceration that doesn’t reduce recidivism.

Q: Can Louisville afford this when crime is high?

A: We can’t afford NOT to reform. Current approach costs $150M+ annually for incarceration that doesn’t reduce crime. This plan costs $22M while saving $36.5M—net savings of $14.5M annually—while actually reducing recidivism and crime. We’re currently spending more for worse results.

Conclusion

Louisville’s criminal justice system fails everyone: Victims don’t get justice or healing. Offenders don’t get accountability or rehabilitation. Communities don’t get safety. Taxpayers don’t get value.

Dave Biggers offers evidence-based reforms that deliver what the current system doesn’t: Real accountability. Real treatment. Real second chances. Real safety. Real justice.

The choice is clear: Continue expensive failure? Or embrace proven reforms that work?

Dave will deliver justice that actually works.

Paid for by Dave Biggers for Louisville Mayor 2026