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SB 120/CI/LM (BR 106) - W. Westerfield

     AN ACT relating to crimes and punishments and making an appropriation therefor.
     Amend KRS 17.510 to provide that juveniles adjudicated in other states are not required to register in Kentucky and make the provision retroactive; amend KRS 453.190 to define a "poor person" as one who has an income at or below 100% on the Supreme Court's sliding scale of indigency; amend KRS 534.060 to provide that no person shall be imprisoned for nonpayment of fines or court costs unless the failure to pay was willful and not due to an inability to pay; amend KRS 534.070 to raise the daily credit against a fine or court costs for time served to $75 per day or $150 per day if the defendant works at a community service or community labor program; provide that a jailer shall release the defendant, unless the defendant is incarcerated on other orders, once he or she has sufficient credit to satisfy the fine or court costs; amend KRS 23A.205 and 24A.175 to provide that if a defendant is a poor person and that he or she is unable to pay court costs in the foreseeable future, the defendant shall not be ordered to pay court costs or placed in jail for failing to pay court costs; amend various statutes to conform; amend KRS 439.250 and 439.345 to provide supervised compliance credits for some individuals on probation, parole, and post-release supervision; amend KRS 439.3108 to increase the time the Department of Corrections or the Parole Board can place a supervised individual who violates the conditions of community supervision in a detention facility; amend KRS 439.3401 to prohibit those convicted of manslaughter in the 2nd degree, reckless homicide, fetal homicide in the 3rd degree, and fetal homicide in the 4th degree from being paroled until he or she serves at least 50% of the sentence imposed; prohibit those convicted of a violation of manslaughter in the second degree or reckless homicide, when the victim was a peace officer or firefighter killed in the line of duty, from being paroled until he or she serves at least 85% of the sentence imposed; amend KRS 439.3406 to prohibit an inmate from being placed on mandatory reentry supervision if the inmate has not served at least 6 months since he or she was recommitted for a violation or has twice been released on mandatory reentry supervision; create new sections of KRS Chapter 439 to require the Department of Corrections to implement a reentry drug supervision pilot program for certain inmates and parolees with substance use disorders; create a new section of KRS Chapter 15 to allow law enforcement organizations to create Angel Initiative Programs; amend KRS 202A.121 to allow appointed counsel access to records; create a new section of KRS Chapter 197 to allow the Department of Corrections to administer a Prison Industry Enhancement Certification Program (PIECP); create a new section of KRS Chapter 196 to require the Kentucky State Corrections Commission to oversee a PIECP; amend various sections in KRS Chapter 335B relating to employment and licensure of persons convicted of crimes to narrow the class of offenses to which the chapter applies, to add consideration of the passage of time since the commission of the offense to the criteria considered in making licensure decisions, to delete language relating to a hiring or licensing authority's subjective view of an ex-offender's rehabilitation, and to require an open hearing prior to a license denial for an ex-offender; repeal, reenact, and amend KRS 335B.060 to exempt peace officers and other law enforcement personnel; repeal KRS 335B.040; amend various statutes to conform; amend KRS 532.100 to allow Class C and D felons eligible for placement in a local jail to participate in an approved community work program or other form of work release with the approval of the Department of Corrections; create a new section of KRS Chapter 533 to allow jails to operate a day reporting program; create new sections of KRS Chapter 441 to operate a reentry center with the approval of the Department of Corrections; amend various statutes to conform; amend KRS 15.280 to provide that the Criminal Justice Statistical Analysis Center is not the record custodian of the data sent to the center; amend KRS 15A.075 to reconstitute the Criminal Justice Counsel; create new sections of KRS Chapter 197 to specify how cost savings shall be calculated and create the criminal justice reinvestment fund to collect and appropriate those savings.


AMENDMENTS

     SCS1/CI/LM - Retain original provisions; amend KRS 453.190 to clarify that a "poor person" means a person who has an income at or below 100% on the sliding scale of indigency established by the Supreme Court or is unable to pay court costs or fees without depriving the person or any dependents of the necessities of life; amend various statutes to clarify how a defendant shall pay court costs, fees, or fines; delete amendments to KRS 439.3401, relating to the parole of violent offenders; remove Class C felons from those eligible to participate in work release under KRS 532.100 or day reporting programs; clarify that a District Court judge, a Circuit Court judge, a Commonwealth's Attorney, and a County Attorney shall all be members of the Criminal Justice Council.
     HCS1/CI/LM - Amend KRS 335B.030, relating to notice of denial of licensure, to provide a rebuttable presumption that a connection exists between a prior conviction and the license being sought if an individual's prior conviction was for a Class A felony, Class B felony, or a felony offense that would qualify the individual as a registrant pursuant to KRS 17.500.
     HCS2/CI/LM - Amend KRS 335B.030, relating to notice of denial of licensure, to provide a rebuttable presumption that a connection exists between a prior conviction and the license being sought if an individual's prior conviction was for a Class A felony, Class B felony, or a felony offense that would qualify the individual as a registrant pursuant to KRS 17.500; amend to add the Attorney General and the commissioner of the Kentucky State Police back to the Criminal Justice Council.
     HFA1( A. Hatton ) - Add the Attorney General back to the Criminal Justice Council.
     HFA2( K. Upchurch ) - Require the state to reimburse a jail for the incarceration of any prisoner arrested by a Kentucky State Police officer at the rate specified in KRS 532.100.
     HFA3( K. Upchurch ) - Repeal and reenact KRS 532.245 to authorize judges to determine whether home incarceration is granted and what credits for home incarceration are applied at final sentencing.
     HFA4( K. Upchurch ) - Amend 532.260 to require the Department of Corrections to promulgate regulations relating to home incarceration monitoring services.
     HFA5/P( S. Lee ) - Require the Department of Kentucky State Police to establish the child abuse registry; limit the registry to child abuse offenders who are convicted under KRS Chapter 507, 507A, 508, 509, or 530, excluding KRS 530.050, 510.140, 510.150, or 529.110, and whose victim was a minor under the age of 18; amend KRS 431.073 and 431.078 to provide that a portion of expungement fees go to the Department of Kentucky State Police to process expungements and to establish and maintain the child abuse offender registry and the sex offender registry; require sections 101 to 103 to be called Kylie Jo’s and Sophie’s Law.
     HFA6/P( S. Lee ) - Require the Department of Kentucky State Police to establish the child abuse registry; limit the registry to child abuse offenders who are convicted under KRS Chapter 507, 507A, 508, 509, or 530, excluding KRS 530.050, 510.140, 510.150, or 529.110, and whose victim was a minor under the age of 18; amend KRS 431.073 and 431.078 to provide that a portion of expungement fees go to the Department of Kentucky State Police to process expungements and to establish and maintain the child abuse offender registry and the sex offender registry; require sections 101 to 103 to be called Kylie Jo’s and Sophie’s Law.

     Feb 09, 2017 - introduced in Senate
     Feb 10, 2017 - to Judiciary (S)
     Feb 16, 2017 - taken from Judiciary (S); 1st reading; returned to Judiciary (S)
     Feb 23, 2017 - reported favorably, 2nd reading, to Rules with Committee Substitute
     Feb 24, 2017 - posted for passage in the Regular Orders of the Day for Friday, February 24, 2017; 3rd reading, passed 35-1 with Committee Substitute
     Feb 27, 2017 - received in House
     Feb 28, 2017 - to Judiciary (H); posted in committee
     Mar 06, 2017 - taken from Judiciary (H); 1st reading; returned to Judiciary (H)
     Mar 07, 2017 - reported favorably, 2nd reading, to Rules with Committee Substitute; floor amendment (1), (2), (3), and (4) filed to Committee Substitute
     Mar 08, 2017 - posted for passage in the Regular Orders of the Day for Tuesday, March 14, 2017
     Mar 14, 2017 - taken from the Orders of the Day; recommitted to Judiciary (H); posted in committee; floor amendment (5) filed to Committee Substitute and floor amendment (6) filed
     Mar 15, 2017 - reported favorably, to Rules with Committee Substitute (2); posted for passage in the Regular Orders of the Day for Wednesday, March 15, 2017; 3rd reading, passed 85-9 with Committee Substitute (2); received in Senate