HB 463/FN/LM/CI (BR 363) - J. Tilley, G. Stumbo, R. Adkins, T. Burch, L. Clark, J. Crenshaw, R. Damron, M. King, A. Simpson, T. Thompson, B. Yonts
AN ACT relating to the criminal justice system, making an appropriation therefor, and declaring an emergency.
Create a new section of KRS Chapter 532 to establish the sentencing policy of the Commonwealth; create a new section of KRS Chapter 196 to declare the primary objectives of the Department of Corrections; amend KRS 446.010 to add pertinent definitions; create a new section of KRS 218A to declare findings of the General Assembly regarding controlled substances and treatment; amend various sections of KRS Chapter 218A, relating to controlled substances, to define quantities and to otherwise modify elements of offenses and penalties; create a new section of KRS Chapter 218A to provide for pretrial release; create a new section of KRS Chapter 218A to allow deferred prosecution for possession cases; amend KRS 218A.275 and 218A.276 to permit risk and needs assessments for treatment and expungement of misdemeanor possession cases upon successful completion of treatment; create new sections of KRS Chapter 196 requiring the Department of Corrections to analyze savings from controlled substance modifications and use the savings for treatment, other evidence-based programs, and to expand programs at underused existing facilities; create a new section of KRS Chapter 26A, relating to the Court of Justice, to require the Supreme Court to administer a drug court program; amend KRS 532.080 to specify offenses to which persistent felony offender applies; amend KRS 197.020 to require the department to use a risk and needs assessment; amend KRS 439.3405 to clarify the circumstances for medical release from prison; amend and create various sections of KRS 439.250 to 439.560, relating to probation and parole, to require the use of risk and needs assessments, modify provisions relating to parole hearings, conditions, and deferment, and to require mandatory reentry supervision and postincarceration supervision; amend KRS 532.050, relating to presentence procedure, to require consideration of a risk and needs assessment; create a new section of KRS 439.250 to 439.560 to permit the Department of Correction to implement conditional parole of specified inmates to jails; amend KRS 532.100 to permit specified Class D felons to serve sentences at county jails; create a new section of KRS 439.250 to 439.560 to allow approval of any housing option for parolees that fulfills statutory requirements; create a new section of KRS 439.250 to 439.560 to specify approval of housing options for prisoners on parole or conditional release; amend KRS 532.260, relating to home incarceration, to add conditional release and allow for persons with 9 months or less to serve; create a new section of KRS Chapter 27A to require the Supreme Court to create guidelines for judges to use when considering pretrial release and monitored conditional release; create a new section of KRS Chapter 431 to allow requiring those on pretrial release to use GPS monitoring; amend KRS 431.015 to allow an officer to issue a citation instead of an arrest for specified misdemeanors; amend KRS 431.525 to set a maximum bail not to exceed the amount of fine and court costs for specified crimes; create a new section of KRS Chapter 431 to establish pretrial release and considerations for persons based on risk of flight and danger before trial and require credit toward bail based on time spent in jail before trial; create a new section of KRS Chapter 27A to require the Supreme Court to use evidence-based programs; create a new section of KRS Chapter 196 to require the Department of Corrections to promulgate regulations regarding the use of evidence-based practices for treatment and supervision programs; create new sections of KRS 439.250 to 439.560 to require the Department of Corrections to use evidence-based practices for treatment and supervision programs and to train their employees in the implementation and use of those practices, report on the efforts to implement evidence-based practices, administer a risk and needs assessment upon entry into community supervision and at regular intervals, permit parolees to receive compliance credits, develop a system of graduated sanctions and related procedures, permit modification of probation, establish an administrative caseload supervision program, and require sanctions for failure to comply with conditions of supervision; create a new section of KRS Chapter 27A to require the Chief Justice to submit annual reports detailing various court statistics; amend KRS 196.031 to require additional information in the Justice Cabinet's report; create a new section of KRS Chapter 196 to require the Department of Corrections to create an online database with specified sentencing information; create new sections of KRS Chapter 196 to require the Department of Corrections to calculate savings from the new provisions and require savings to go into a fund; amend various sections of KRS Chapter 196 to permit the department to create community corrections pilot projects, require report, and to establish a fund; create new section of KRS Chapter 6, relating to the General Assembly, to require more information on fiscal impact statements; amend KRS 441.045 and 441.053 to require the use of the Medicaid rate in billing for jail prisoner medical and related costs; create and amend various other sections in KRS Chapter 441 to require a certificate of need before building a new local correctional facility; amend KRS 533.010 to require the court to consider a defendant's risk and needs assessment before sentencing; create a new section of KRS Chapter 534 to provide a credit for time spent in jail to apply to fines and costs; amend various sections of KRS Chapter 439 to make persons on postincarceration supervision subject to the authority of the Parole Board; amend KRS 532.043, relating to conditional discharge for sex offenses, to modify the supervision to postincarceration supervision and specify that persons on postincarceration supervision are subject to the authority of the Parole Board; provide for the implementation of a pilot project to supervise high-risk probationers; make an appropriation to the department to improve the Kentucky Offender Management System; amend various other sections to conform; EMERGENCY and DELAYED EFFECTIVE DATES.
HB 463 - AMENDMENTS
HCS/FN/LM/CI - Retain original provisions; amend KRS 446.010 to include faith-based programs in the definition for "treatment"; create a new section of KRS Chapter 27A to establish an index for judges to access to determine eligibility for deferred prosecution or voiding of a conviction under specified provisions; amend provision relating to parole board reconsideration of prisoners to clarify exclusion; amend KRS 197.045 to divide the allowable types of sentencing credits into mandatory and discretionary categories; amend KRS 532.050 to require the inclusion of a preliminary calculation of sentencing credit awarded for prior confinement to be included in a presentence report; amend KRS 532.120 to transfer the responsibility for awarded sentence credit for prior confinement from a sentencing court to the Department of Corrections, except where the credit would entitle the defendant to immediate discharge upon pronouncement of sentence; require Department of Corrections to provide training on evidence-based practices to employees of pretrial services and drug courts; create new method for determining allocation of savings from the new provisions; require jailer to be responsible for monitoring defendant's community service for purposes of recording credit against fines and costs; allow expungement of charges for misdemeanors or violations that were dismissed or amended; amend various other sections to make conforming amendments and technical corrections; add various DELAYED EFFECTIVE DATES.
HCA (1, B. Yonts) - Insert provisions requiring that medical payments be made within thirty days of billing and delineating security and payment responsibility for county prisoners while in custody and while on a court ordered release.
HFA (1, J. Stewart III) - Amend KRS 439.340 relating to parole to eliminate the requirement for employment prior to being paroled; amend Section 39 relating to conditional parole to specify that inability to find employment does not disqualify an inmate from release; create a new section of KRS Chapter 439 to specify that lack of employment shall not preclude the parole or other release of an inmate and specify that if a parolee or releasee loses their employment due to economic factors affecting the employer that parole or other release has not been violated, require release of persons currently in prison who have been approved for parole but are awaiting employment; renumber ensuing sections.
HFA (2, J. Stewart III) - Amend KRS 439.340 relating to parole to eliminate the requirement for employment prior to being paroled; amend Section 39 relating to conditional parole to specify that inability to find employment does not disqualify an inmate from release; create a new section of KRS Chapter 439 to specify that lack of employment shall not preclude the parole or other release of an inmate and specify that if a parolee or releasee loses their employment due to economic factors affecting the employer that parole or other release has not been violated, require release of persons currently in prison who have been approved for parole but are awaiting employment; renumber ensuing sections.
HFA (3, J. Tilley) - Permit arrest for violation of protective order under provision requiring citation for certain offenses; permit judicial discretion to determine if person poses flight risk or danger as exception to provisions relating to bail and jail credit; require court to document reason for denying release under those provisions; require jailers to track credit earned toward bail for jail stay; permit use of expunged record for limited purpose; amend KRS 441.045 to lower the threshold for accessing state funding for a county prisonerís medical costs from $2,000 to $1,000; establish a mechanism for the medical provider to directly access that funding; require that payments be made at the Medicaid rate; establish security and payment responsibilities for prisoners in and out of custody; amend KRS 441.206 to conform; create non-codified language directing the promulgation of administrative regulations to implement the direct state fund billing provisions for medical providers to be done in consultation with various affected stakeholders; remove provision relating to an index to be kept by the Administrative Office of the Courts; amend various other sections to make conforming amendments and technical corrections.
SCS/FN/LM/CI - Retain original provisions, except amend to add definition for "recovery program" in Chapter 218A, relating to controlled substances; amend KRS 218A.1412 to modify trafficking in the first degree; amend various provisions in KRS Chapter 218A to permit the sealing of records for prior possession offenses, and allow those records to be used only for certain purposes; delete provision relating to compliance credits for persons on mandatory reentry supervision; permit state inmates in jails to be eligible for conditional parole; amend KRS 431.015 to provide additional exceptions to citation only; permit Administrative Office of the Courts to create index for certain sealed records; reauthorize task force.
SFA (1, J. Denton) - Amend KRS 210.365 to delete the word "encounter" and replace it with "required police action" in the reference to interactions of law enforcement officers and persons with mental illness; establish that law enforcement officers shall report to their agencies required police action with persons with mental illness, mental illness and substance abuse disorders, mental illness and mental retardation, mental illness and developmental disabilities, and mental illness and dual diagnoses.
SFA (2, J. Denton) - Create a new section of KRS Chapter 202A to permit qualified mental health professionals to conduct an evaluation or examination using telehealth services and require that telehealth services only be provided through the use of interactive video media and forbid the provision of telehealth services through the use of audio-only telephone, facsimile machine, or electronic media.
Feb 11-introduced in House
Feb 14-to Judiciary (H); posting waived; taken from Judiciary (H); 1st reading; returned to Judiciary (H)
Feb 15-taken from Judiciary (H); 2nd reading; returned to Judiciary (H)
Feb 16-reported favorably, to Rules with Committee Substitute, committee amendment (1) ; posted for passage in the Regular Orders of the Day for Thursday, February 17, 2011; floor amendment (1) filed to Committee Substitute, floor amendment (2) filed
Feb 17-floor amendment (3) filed to Committee Substitute ; 3rd reading, passed 97-2 with Committee Substitute, floor amendment (3)
Feb 18-received in Senate
Feb 22-taken from Committee on Committees (S); 1st reading; returned to Committee on Committees (S); floor amendment (1) filed
Feb 23-taken from Committee on Committees (S); 2nd reading; returned to Committee on Committees (S); to Judiciary (S); floor amendment (2) filed
Feb 24-reported favorably, to Rules with Committee Substitute
Feb 28-posted for passage in the Regular Orders of the Day for Monday, February 28, 2011; 3rd reading; floor amendments (1) and (2) withdrawn ; passed 38-0 with Committee Substitute ; received in House; posted for passage for concurrence in Senate Committee Substitute ; House concurred in Senate Committee Substitute ; passed 96-1
Mar 1-enrolled, signed by each presiding officer; delivered to Governor
Mar 3-signed by Governor (Acts ch. 2)