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Criminal Justice Reform

Criminal Justice Reform

Renee's guest is Cherise Fanno Burdeen, CEO of the Pretrial Justice Institute (PJI). Burdeen talks about her organization's mission to reduce incarceration rates and their efforts to reform the bail system.
S13 E34 Length 28:32 Premiere: 6.22.18

Reforming the Bail System and Other Criminal Justice Issues

Lawmakers in Kentucky and elsewhere around the nation are exploring a range of reforms that can decrease prison populations and correctional costs, reduce recidivism, and ensure public safety. Many of those efforts focus on what happens to an offender after they’ve been convicted.

But bail reform advocate Cherise Fanno Burdeen says important opportunities for reforming criminal justice come much earlier in the process.

“More people will serve time in pretrial detention in America than will ever serve time upon sentencing,” Burdeen says. “This is really where mass incarceration lives.”

Burdeen is CEO of the Pretrial Justice Institute, a Maryland-based non-profit organization that promotes evidence-informed policies that can eliminate race, gender, and social class disparities during the pretrial phase of criminal justice proceedings. She appeared on KET’s Connections to discuss how changes to America’s money bail system could dramatically reduce prison populations.

Some 30,000 people are arrested every day in America, according to Burdeen. She says only a fraction of those people face serious felony charges like rape, murder, or arson. About three-quarters of them are held on misdemeanor charges for low-level, nonviolent offenses such as property or drug crimes.

“Yet we process everyone almost exactly the same way from the shoplifter to the murderer,” she says.

When a person is arrested and booked into jail, the court will set bail conditions based on the crime allegedly committed. Burdeen says bail is a contract between the defendant and the courts that says he or she will abide by certain conditions before his or her trial. Money bond is just one kind of bail. In some cases the defendant must pay the full bond or some percentage of it to be released. In other cases, the defendant promises to pay the bail bond amount should they fail to return to court. In either situation, the Eighth Amendment to the U.S. Constitution precludes excessive bail amounts.

“What our forefathers actually meant by that was that the state has no right to impose upon you conditions that exceed what would be most likely to get you back into court,” Burdeen says.

The Problems with Money Bail
Advocates of money bail say it helps guarantee that a defendant will appear for their court date. But critics contend the system creates problems on both sides of the financial spectrum. Individuals who have the funds to make bail may be released even if they are charged with a serious or violent crime, whereas low-level offenders who are too poor to pay their bail may sit in jail for days, weeks, or months awaiting trail.

Those individuals have not been convicted of any crime, yet they are removed from their families, their communities, and their jobs. Burdeen says missing work for even a few days can have far-reaching consequences for most people.

“Loss of employment equals loss of income, and loss of income is destabilizing to homes and families,” she says. “I’ve heard way too many stories of people who have lost their ability to pay rent and been evicted from their homes while their loved one was incarcerated in a pretrial status.”

The irony is most charges are “probation presumptive,” says Burdeen, meaning the judge can release the defendant on probation after their court proceeding. So while they may have been incarcerated for days because they couldn’t afford their bail, the judge can release them and no more time will be served.

Burdeen questions why a person who is safe enough to be released after seeing a judge isn’t safe enough to release while they await their court date. She says that amounts to extracting punishment prior to a conviction.

Meanwhile, taxpayers are stuck with the bill to house individuals who ultimately receive probation or a not guilty verdict simply because they couldn’t afford bail. Burdeen says the current bail and incarceration system costs about $14 billion a year. She argues that this money that could be better used to fund health care, education, and job training for everyone, rather than to maintain a bail system that disproportionately incarcerates poor and minority individuals.

“This isn’t about eliminating bail,” Burdeen says. “What we’re working on is replacing financial conditions of release simply because they don’t work with conditions that we know can support people in the community and have it be more likely that they will come to court.”

Alternatives to Money Bail
Even a few days in jail can be traumatic for people beyond the potential of job loss.

“If you’re a high-risk individual [with] a history of violence, you’re unlikely to have been impacted by a few days or a few weeks in jail,” Burdeen says. “But if you come in as a low-risk individual, this is a setting which attaches itself to your psyche, and you will come out higher risk.”

Burdeen says imprisonment shouldn’t be used as a catch-all for anyone who misbehaves. Instead, she says jail should be reserved for people who truly deserve incarceration, while those with problems like an addiction should get diverted into programs specially designed for them.

“When we do come in contact with folks who have behavioral health needs, or are under-educated or under-employed, we have an opportunity to redirect them into other social service networks within our commonwealth that will produce better outcomes,” she says.

The Pretrial Justice Institute suggests a range of options for reducing pretrial prison stays, some of which Burdeen says have proven successful in the District of Columbia as well as in New Jersey and other states. These include:

– Move away from money bail. Burdeen says a judge in one court case found no credible evidence that a money bond works as incentive to get people to return for their court appearance. In fact, she says some research indicates people who promise to pay bail if they don’t return are just as likely to appear as those people who have to post bond to be released.

– Rewrite statutes to allow police to issue citations for certain low-level offenses instead of requiring that they take an offender into custody.

– Employ more data-driven pretrial assessments to help judges better determine the true flight or public safety risk of an offender and whether he or she may need drug or mental health treatment or other social services.

– Make procedural changes that will enable courts to process cases faster and ensure that detention is not used as a way to extract a plea bargain from a defendant.

Burdeen says making these kinds of reforms helped the state of New Jersey keep 125,000 people out of its criminal justice system last year. She says that enables law enforcement and the courts to focus their resources on protecting the public from truly dangerous criminals and on solving crimes.

“We can get detention in this country down to under 10 percent of those arrested,” Burdeen says. “That’s what we’re seeing in D.C. and New Jersey, and I’d love to see that here in Kentucky.”

Program Details

Connections

About Connections

Each week, host Renee Shaw and a variety of interesting and engaging people - including business leaders, entertainers, authors, celebrities, and more - explore a broad array of topics impacting Kentucky and the world.

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Kendell Nash - ECHO - S10 E27

Kendell Nash, executive director of ECHO (Exploited Children's Help Organization), joins Renee to discuss issues of child exploitation, neglect, and abuse. ECHO provides education, advocacy, and support services to the children and families of Metro Louisville and surrounding areas.

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Kevin Chapman - S10 E28

Clinical psychologist Kevin Chapman of Louisville discusses anxiety disorders and an innovative approach called virtual reality exposure therapy to help ease those conditions.

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Renee Shaw talks with filmmaker Sarah Burns about her new documentary Muhammad Ali, a six-year project that offers viewers a multifaceted look at Louisville's most famous son who went on to become heavyweight champion of the world as well as one of the world's most charismatic and controversial figures.

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Connections - S17 E4

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Kiley Lane Parker - S10 E29

Filmmaker Kiley Lane Parker discusses her film, Raising Ms. President, about raising the next generation of female political leaders.

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Pellom McDaniels - S10 E30

Pellom McDaniels, faculty curator of African-American collections and assistant professor of African-American studies at Emory University in Atlanta, talks about his book, The Prince of Jockeys: The Life of Isaac Burns Murphy.

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Jay Williams - S10 E33

U.S. Assistant Secretary of Commerce for Economic Development Jay Williams is a former mayor of Youngstown, Ohio. From the recent SOAR summit in Pikeville, he talks about how Youngstown recovered from the decline of the steel industry and how those lessons can apply to Eastern Kentucky areas distressed by the sharp downturn in coal jobs.

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Susan and Morgan Guess - S10 E34

Susan Guess and her daughter, Morgan, began the Guess Anti-Bullying Foundation nearly four years ago after Morgan experienced bullying. They have raised $50,000 to bring a variety of anti-bullying programs to the region. Susan Guess was appointed by Gov. Steve Beshear in 2014 to serve on the Kentucky Bully Prevention Task Force, which will make recommendations to the governor in fall 2015.

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Diabetes Epidemic - S10 E20

Gilbert Friedell, MD, and J. Isaac Joyner, MPH, discuss their book, The Great Diabetes Epidemic: A Manifesto for Control and Prevention. The book advocates taking a public health approach to addressing diabetes, emphasizes prevention of diabetes-related complications, and encourages more community responsiveness.

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Cathy Zion - Zion Publications LLC - S10 E38

Cathy Zion became owner and publisher of Zion Publications in 1996, after a long career in banking. Her company publishes Today's Woman, and added new magazines, Today's Transitions and Today's Family.

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Gigi Butler - Gigi's Cupcakes - S10 E39

Gigi Butler opened her first Gigi's Cupcakes location just off of music row in Nashville, Tennessee in 2008 and in six short years, with 98 locations and counting, Gigi's is now the largest cupcake franchise in the world.

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Cathe Dykstra - Family Scholar House - S10 E41

Cathe Dykstra, chief possibility officer, president & CEO of Family Scholar House, discusses the Louisville organization and its impact on families and communities. Family Scholar House's mission is to end the cycle of poverty by providing housing and educational support to single-parent students and their families.

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Infant Nutrition and Breastfeeding - S10 E42

Renee and her guests discuss the health benefits of breastfeeding in recognition of national breastfeeding week, as well as provide tips on proper infant nutrition. Scheduled guests include: Doraine Bailey, MA, IBCLC, Breastfeeding Support Services with the Lexington-Fayette County Health Dept.; Ana Maria Linares, an associate professor in the UK College of Nursing and a Lactation Consultant who has conducted research on attitudes and practices around breastfeeding among Latinas in Lexington; and Nicole Peritore, program coordinator for the Health Education through Extension Leadership (HEEL) Office at the University of Kentucky.

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Connections

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Connections

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Andre Taylor - S10 E43

Andre Taylor has a distinguished 35-year career, building and advising businesses. He's the author of You Can Still Win! and a half-dozen other books, a frequent guest expert on ABC News, and an international authority on winning and leadership. Mr. Taylor was a speaker at the 13th Annual Lexington Bluegrass Area Minority Business Expo.

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JoAnne Wheeler Bland - S10 E44

Renee talks with transgender activist JoAnne Wheeler Bland, who in her sixties transitioned from male to female. A practicing attorney for more than 40 years, she is a former Special Justice on the Kentucky Supreme Court, former Vice-President of the Kentucky Fairness Alliance, current member of the Kentucky Council on Postsecondary Education's Committee on Equal Opportunity (the Diversity Committee), and guest speaker at Women's and Gender Studies programs at Kentucky universities.

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Faith Politics - S10 E45

Renee and her guests talk about the role of religion in politics and public policy decision-making. Guests: Rev. Nancy Jo Kemper, pastor of New Union Christian Church, and Rev. D. Anthony Everett, pastor of Wesley United Methodist Church.

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Kinship Care - S10 E46

Kentucky has one of the highest rates in the nation of children being raised by grandparents and other relatives, also known as kinship care. Renee and her guests discuss what research tells us about the financial, emotional, and legal challenges that kinship care poses. Guests: Terry Brooks, executive director of Kentucky Youth Advocates, and Jeanne Miller-Jacobs, a kinship care provider.

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Fayette County Public Schools Superintendent Manny Caulk - S11 E2

Renee Shaw interviews new Fayette County Public Schools Superintendent Manny Caulk, who talks about his experiences in public education and his goals for the district.

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Connections

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The Kentucky African American Encyclopedia - Gerald Smith - S11 E3

Renee's guest is Dr. Gerald Smith, an author and history professor at the University of Kentucky, and co-editor of The Kentucky African-American Encyclopedia: Life and Culture in the Commonwealth. The reference book contains entries on the individuals, events, places, organizations, movements, and institutions that helped shape the state's history and cultural diversity.

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Childhood Cancer - S11 E4

September is childhood cancer awareness month. Renee talks with survivors and parents about their experiences and the research on the rare maladies striking youth.

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Kellie Blair Hardt - S11 E5

Renee speaks with special education teacher Kellie Blair Hardt, who overcame homelessness, an absent mother, an alcoholic father and school expulsion to earn her GED. She received the National Education Association Foundation's 2013 Horace Mann Award for Teaching Excellence as one of the nation's top educators. Hardt is currently pursuing a Ph.D. in higher education at George Mason University. She was featured in KET's series Dropping Back In.

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Jacinda Townsend - S11 E6

Author Jacinda Townsend discusses her critically acclaimed novel, Saint Monkey, a coming-of-age story set in 1950's Eastern Kentucky. The book won the James Fenimore Cooper Prize for historical fiction. Townsend is a former Hurston-Wright Award finalist and currently teaches creative writing at Indiana University.

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Dorothy Butler Gilliam - S11 E7

Renee speaks with journalist Dorothy Butler Gilliam, who was the first African-American female reporter at The Washington Post. She retired in 2003 after a 35-year career with the paper.

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Connections - S17 E8

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Allison Joseph - S11 E8

Allison Joseph is the author of six poetry books. She teaches at Southern Illinois University in Carbondale, Illinois, where she helped found {Crab Orchard Review}, a literary journal, and the Young Writers Workshop, a co-ed residential summer program for teen writers.

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15K Degrees Initiative - S10 E13

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Jefferson County Veterans Treatment Court - S10 E11

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Charlene Buckles and Dan Wu - S17 E2

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Cynthia Knapek - Leadership Louisville Center

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  • Wednesday September 8, 2021 11:30 pm ET on KET
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  • Wednesday September 8, 2021 6:00 pm ET on KET
  • Wednesday September 8, 2021 5:00 pm CT on KET
  • Sunday September 5, 2021 6:00 pm ET on KET2
  • Sunday September 5, 2021 5:00 pm CT on KET2
  • Sunday September 5, 2021 12:00 pm ET on KET
  • Sunday September 5, 2021 11:00 am CT on KET

Bill Farmer - S10 E8

  • Friday September 10, 2021 10:30 pm ET on KETKY
  • Friday September 10, 2021 9:30 pm CT on KETKY
  • Friday September 10, 2021 2:00 pm ET on KETKY
  • Friday September 10, 2021 1:00 pm CT on KETKY
  • Friday September 10, 2021 5:30 am ET on KETKY
  • Friday September 10, 2021 4:30 am CT on KETKY

Diane Follingstad - UK Women's Circle Endowment Chair - S10 E6

  • Thursday September 9, 2021 5:30 am ET on KETKY
  • Thursday September 9, 2021 4:30 am CT on KETKY

Kevin Chapman - S10 E5

  • Wednesday September 8, 2021 10:30 pm ET on KETKY
  • Wednesday September 8, 2021 9:30 pm CT on KETKY
  • Wednesday September 8, 2021 2:20 pm ET on KETKY
  • Wednesday September 8, 2021 1:20 pm CT on KETKY
  • Wednesday September 8, 2021 5:30 am ET on KETKY
  • Wednesday September 8, 2021 4:30 am CT on KETKY

Soreyda Benedit Begley and Chris Begley - S10 E3

  • Tuesday September 7, 2021 10:30 pm ET on KETKY
  • Tuesday September 7, 2021 9:30 pm CT on KETKY
  • Tuesday September 7, 2021 5:30 am ET on KETKY
  • Tuesday September 7, 2021 4:30 am CT on KETKY

Chris Rabb - S10 E1

  • Friday September 3, 2021 10:30 pm ET on KETKY
  • Friday September 3, 2021 9:30 pm CT on KETKY
  • Friday September 3, 2021 2:00 pm ET on KETKY
  • Friday September 3, 2021 1:00 pm CT on KETKY
  • Friday September 3, 2021 5:30 am ET on KETKY
  • Friday September 3, 2021 4:30 am CT on KETKY

Tanya Torp and Holly Houston - S9 E46

  • Thursday September 2, 2021 10:30 pm ET on KETKY
  • Thursday September 2, 2021 9:30 pm CT on KETKY
  • Thursday September 2, 2021 5:30 am ET on KETKY
  • Thursday September 2, 2021 4:30 am CT on KETKY

Frontier Nursing University - S9 E45

  • Wednesday September 1, 2021 10:30 pm ET on KETKY
  • Wednesday September 1, 2021 9:30 pm CT on KETKY
  • Wednesday September 1, 2021 5:30 am ET on KETKY
  • Wednesday September 1, 2021 4:30 am CT on KETKY

SWAG - Sisters and Supporters Working Against Gun Violence - S9 E44

  • Tuesday August 31, 2021 10:30 pm ET on KETKY
  • Tuesday August 31, 2021 9:30 pm CT on KETKY
  • Tuesday August 31, 2021 2:00 pm ET on KETKY
  • Tuesday August 31, 2021 1:00 pm CT on KETKY
  • Tuesday August 31, 2021 5:30 am ET on KETKY
  • Tuesday August 31, 2021 4:30 am CT on KETKY

Marta Miranda - S9 E43

  • Monday August 30, 2021 10:30 pm ET on KETKY
  • Monday August 30, 2021 9:30 pm CT on KETKY
  • Monday August 30, 2021 2:00 pm ET on KETKY
  • Monday August 30, 2021 1:00 pm CT on KETKY
  • Monday August 30, 2021 5:30 am ET on KETKY
  • Monday August 30, 2021 4:30 am CT on KETKY

Sarah Taylor Vanover - Early Childhood Education

  • Sunday September 5, 2021 8:00 am ET on KETKY
  • Sunday September 5, 2021 7:00 am CT on KETKY
  • Saturday September 4, 2021 4:30 pm ET on KETKY
  • Saturday September 4, 2021 3:30 pm CT on KETKY
  • Wednesday September 1, 2021 11:30 pm ET on KET
  • Wednesday September 1, 2021 10:30 pm CT on KET
  • Wednesday September 1, 2021 6:00 pm ET on KET
  • Wednesday September 1, 2021 5:00 pm CT on KET
  • Sunday August 29, 2021 6:00 pm ET on KET2
  • Sunday August 29, 2021 5:00 pm CT on KET2
  • Sunday August 29, 2021 4:30 pm ET on KETKY
  • Sunday August 29, 2021 3:30 pm CT on KETKY
  • Sunday August 29, 2021 12:00 pm ET on KET
  • Sunday August 29, 2021 11:00 am CT on KET

The Rise of Anti-Asian Violence

  • Sunday August 29, 2021 8:00 am ET on KETKY
  • Sunday August 29, 2021 7:00 am CT on KETKY
  • Saturday August 28, 2021 4:30 pm ET on KETKY
  • Saturday August 28, 2021 3:30 pm CT on KETKY
  • Wednesday August 25, 2021 11:30 pm ET on KET
  • Wednesday August 25, 2021 10:30 pm CT on KET
  • Wednesday August 25, 2021 6:00 pm ET on KET
  • Wednesday August 25, 2021 5:00 pm CT on KET

Judi Jennings - S9 E42

  • Friday August 27, 2021 10:30 pm ET on KETKY
  • Friday August 27, 2021 9:30 pm CT on KETKY
  • Friday August 27, 2021 2:00 pm ET on KETKY
  • Friday August 27, 2021 1:00 pm CT on KETKY
  • Friday August 27, 2021 5:30 am ET on KETKY
  • Friday August 27, 2021 4:30 am CT on KETKY

Dr. Robert Hilgers - S9 E41

  • Thursday August 26, 2021 10:30 pm ET on KETKY
  • Thursday August 26, 2021 9:30 pm CT on KETKY
  • Thursday August 26, 2021 2:00 pm ET on KETKY
  • Thursday August 26, 2021 1:00 pm CT on KETKY
  • Thursday August 26, 2021 5:30 am ET on KETKY
  • Thursday August 26, 2021 4:30 am CT on KETKY

Wil James - S9 E40

  • Wednesday August 25, 2021 10:30 pm ET on KETKY
  • Wednesday August 25, 2021 9:30 pm CT on KETKY
  • Wednesday August 25, 2021 2:00 pm ET on KETKY
  • Wednesday August 25, 2021 1:00 pm CT on KETKY
  • Wednesday August 25, 2021 5:30 am ET on KETKY
  • Wednesday August 25, 2021 4:30 am CT on KETKY

African Americans and Mental Health - S9 E39

  • Tuesday August 24, 2021 10:30 pm ET on KETKY
  • Tuesday August 24, 2021 9:30 pm CT on KETKY
  • Tuesday August 24, 2021 2:00 pm ET on KETKY
  • Tuesday August 24, 2021 1:00 pm CT on KETKY
  • Tuesday August 24, 2021 5:30 am ET on KETKY
  • Tuesday August 24, 2021 4:30 am CT on KETKY

Charisse Gillett - Lexington Theological Seminary - S9 E38

  • Monday August 23, 2021 10:30 pm ET on KETKY
  • Monday August 23, 2021 9:30 pm CT on KETKY
  • Monday August 23, 2021 2:00 pm ET on KETKY
  • Monday August 23, 2021 1:00 pm CT on KETKY
  • Monday August 23, 2021 5:30 am ET on KETKY
  • Monday August 23, 2021 4:30 am CT on KETKY
Top

Season 13 Episodes

Marcie Timmerman - Mental Health and Wellness

S13 E43 Length 28:03 Premiere Date 8.24.18

Tiffany Manuel - Affordable Housing

S13 E42 Length 27:32 Premiere Date 8.17.18

Jessica Dueñas - 2019 Kentucky Teacher of the Year

S13 E41 Length 28:52 Premiere Date 8.10.18

2018 KIDS COUNT Data Book

S13 E37 Length 28:48 Premiere Date 7.13.18

A New Task Force on Opioids

S13 E36 Length 28:07 Premiere Date 7.6.18

Shining a Spotlight on Epilepsy

S13 E35 Length 28:02 Premiere Date 6.29.18

Criminal Justice Reform

S13 E34 Length 28:32 Premiere Date 6.22.18

Jay Box - Kentucky Community and Technical College

S13 E33 Length 28:03 Premiere Date 6.15.18

Interim Kentucky Education Commissioner Wayne Lewis

S13 E32 Length 28:03 Premiere Date 6.8.18

Bob King - Kentucky Council on Postsecondary Education

S13 E31 Length 28:09 Premiere Date 6.1.18

Rachel Childress - Lexington Habitat for Humanity

S13 E30 Length 26:22 Premiere Date 5.25.18

2018 Kentucky Primary Races

S13 E29 Length 29:52 Premiere Date 5.18.18

Dr. Donna Grigsby

S13 E28 Length 28:03 Premiere Date 5.11.18

Sexual Assault Awareness and Prevention

S13 E27 Length 28:02 Premiere Date 5.4.18

Kosair Charities Face It Movement; Terry Brooks

S13 E25 Length 28:27 Premiere Date 4.20.18

Child Marriage Laws in Kentucky - Donna Pollard

S13 E24 Length 28:42 Premiere Date 4.13.18

Remembering Dr. Martin Luther King, Jr.

S13 E23 Length 29:22 Premiere Date 4.6.18

Secretary Derrick Ramsey - Apprenticeships

S13 E22 Length 28:09 Premiere Date 2.23.18

Educational Innovation

S13 E21 Length 28:45 Premiere Date 2.16.18

Gerald Smith

S13 E20 Length 28:12 Premiere Date 2.9.18

Perry Bacon Jr.

S13 E18 Length 28:02 Premiere Date 2.2.18

DV8 Kitchen

S13 E17 Length 28:37 Premiere Date 1.19.18

Silas House, New Novel

S13 E16 Length 28:03 Premiere Date 1.16.18

Tawanda Owsley

S13 E15 Length 26:32 Premiere Date 1.5.18

Sexual Harassment Issues

S13 E14 Length 28:37 Premiere Date 12.15.17

Disability Rates and Benefits

S13 E13 Length 27:27 Premiere Date 12.8.17

Good Samaritans

S13 E12 Length 28:42 Premiere Date 11.17.17

A Salute to Heroes

S13 E10 Length 26:18 Premiere Date 11.10.17

Legislative Health Policy

S13 E9 Length 28:12 Premiere Date 11.3.17

Elder Care

S13 E8 Length 29:31 Premiere Date 10.27.17

Preventing Youth Suicide

S13 E7 Length 28:17 Premiere Date 10.20.17

A Proposal for Pension Reform

S13 E6 Length 28:02 Premiere Date 10.13.17

Rethinking Pain Medication

S13 E5 Length 28:02 Premiere Date 10.6.17

Former Gov. Steve Beshear

S13 E4 Length 28:53 Premiere Date 9.29.17

Secretary Elaine Chao

S13 E3 Length 28:52 Premiere Date 9.22.17

Smoking Cessation and Pregnancy

S13 E2 Length 29:32 Premiere Date 9.8.17

Author and Journalist Sam Quinones

S13 E1 Length 28:52 Premiere Date 9.1.17

Author and Journalist Sam Quinones

Preview Length 28:52 Premiere Date 9.1.17

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