Defendants who are caregivers for a child may soon be eligible for alternative sentencing, which would keep them out of prison and involved in their children's lives.

That's what the Family Preservation and Accountability Act seeks to do.

But some state lawmakers feel it could create an unfair disadvantage for defendants who don't have children.

Our Emily Sisk has the details.

Never speak.

But State Representative Nick Wilson says in his job as an attorney, he sees many Kentucky defendants fighting substance use disorder who want to be a better parent.

The driving factor is their children.

They want to be a parent.

They want to be a family.

There's been this focus on job training, drug court, inpatient drug treatment, outpatient drug treatment.

And what this bill does, it adds parenting classes and family counseling to that list of those successes.

The Family Preservation and Accountability Act allows felony defendants to motion for the court to consider their status as the caretaker of a dependent child.

The court could then give alternative probation, sentencing like substance use disorder treatment, and educational training instead of time in prison.

There are exceptions in the bill, however, defendants would not be eligible if they're a violent offender, attempted or threatened domestic violence, or if their victim is a child.

A Western Kentucky senator and former law enforcement officer said it was his understanding that these services were already available.

The overarching view for this bill was that it simply wasn't necessary.

It was it was a solution to a problem that didn't exist.

And all of these options are already open to the court.

They may not feel necessary to judges, but the folks that are out there live in this.

It's necessary and it's not available.

If they're not available.

How are they going to be given as an alternative if they're not in that community?

Will the they'll have to become of a. Let's that's something that you left out of this in the conversation.

A Campbell County judge posed a problem with the cost of alternative sentencing.

If they are available, they're not free.

Defendants have to pay for that.

The committee also heard from a mother who battled substance use disorder more than a decade ago while caring for her young son.

She said after begging for this type of intervention for years, she took full advantage of it.

I had signed up for everything the police had to offer.

Every parenting class, every extra class, and it paid off.

And on March, God willing, I'll make it.

I'll celebrate 16 years in long term recovery.

And while in eastern Kentucky, lawmakers said he supports the bill.

He brought up his own concerns, saying it could create a disadvantage for defendants who don't have children.

Let's just say, hypothetically, I'm a drug addict.

You're a drug addict.

But, you have two kids, and I don't, we are somewhat creating a two tiered system of justice because you're going to be eligible for a program that keeps you out of the clank.

While myself, who perhaps arguably is more responsible because I've not brought a bunch of people into the world that might be on social services and everything else that are having to deal with my, you know, your malfeasance or whatever.

I got to go to jail, but you don't.

And that does create some concerns for me.

The family is the backbone of a godly society.

We have to figure out how to get the family back together in this commonwealth, especially in Appalachia.

The bill ultimately passed out of committee, with only Senator Danny Carroll voting no.

For Kentucky edition, I'm Emily Sisk.

Thank you Emily.

Representative Wilson said the legislation includes the word caretaker instead of parent, adding that only defendants actively involved in their children's lives would be considered for alternative sentencing.