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AN ACT relating to the Kentucky State Police. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 15A.020 is amended to read as follows: 3
(1) The Justice and Public Safety Cabinet shall have the following departments: 4
(a) Department of Corrections; 5
(b) Department of Criminal Justice Training, which shall have the following 6
divisions: 7
1. Training Operations Division; and 8
2. Administrative Division; 9
(c) Department of Juvenile Justice, which shall have the following offices: 10
1. Office of Program Operations, which shall have the following divisions: 11
a. Division of Western Region; 12
b. Division of Eastern Region; and 13
c. Division of Placement Services; 14
2. Office of Support Services, which shall have the following divisions: 15
a. Division of Administrative Services; 16
b. Division of Program Services; and 17
c. Division of Medical Services; and 18
3. Office of Community and Mental Health Services, which shall have the 19
following divisions: 20
a. Division of Professional Development; and 21
b. Division of Community and Mental Health Services; 22
(d) Department of Kentucky State Police, which shall have the following offices 23
and divisions: 24
1. Office of Administrative Services, which shall be headed by an 25
executive director who shall be appointed by the commissioner of the 26
Department of Kentucky State Police and who shall report to the 27 UNOFFICIAL COPY 22 RS BR 995
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commissioner; 1
a. Division of Operational Support, which shall be headed by a 2
director who shall be appointed by the commissioner of the 3
Department of Kentucky State Police and who shall report to the 4
executive director of the Office of Administrative Services; and 5
b. Division of Management Services, which shall be headed by a 6
director who shall be appointed by the commissioner of the 7
Department of Kentucky State Police and who shall report to the 8
executive director of the Office of Administrative Services; 9
2. Office of Operations, which shall be headed by an executive director 10
who shall be appointed by the commissioner of the Department of 11
Kentucky State Police and who shall report to the commissioner; 12
a. Division of West Troops, which shall be headed by a director who 13
shall be appointed by the commissioner of the Department of 14
Kentucky State Police and who shall report to the executive 15
director of the Office of Operations; 16
b. Division of East Troops, which shall be headed by a director who 17
shall be appointed by the commissioner of the Department of 18
Kentucky State Police and who shall report to the executive 19
director of the Office of Operations; 20
c. Division of Special Enforcement, which shall be headed by a 21
director who shall be appointed by the commissioner of the 22
Department of Kentucky State Police and who shall report to the 23
executive director of the Office of Operations; and 24
d. Division of Commercial Vehicle Enforcement, which shall be 25
headed by a director who shall be appointed by the commissioner 26
of the Department of Kentucky State Police and who shall report 27 UNOFFICIAL COPY 22 RS BR 995
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to the executive director of the Office of Operations; and 1
3. Office of Technical Services, which shall be headed by an executive 2
director who shall be appointed by the commissioner of the Department 3
of Kentucky State Police and who shall report to the commissioner; 4
a. Division of Forensic Services, which shall be headed by a director 5
who shall have a minimum of a bachelor's degree in a natural 6
science and at least seven (7) years of experience in an accredited 7
forensic laboratory, who shall be appointed by the commissioner 8
of the Department of Kentucky State Police, and who shall report 9
to the executive director of the Office of Technical Services; and 10
b. Division of Information Technology, which shall be headed by a 11
director who shall be appointed by the commissioner of the 12
Department of Kentucky State Police and who shall report to the 13
executive director of the Office of Technical Services; and 14
(e) Department of Public Advocacy, which shall have the following divisions: 15
1. Protection and Advocacy Division; 16
2. Division of Law Operations; 17
3. Division of Trial Services; 18
4. Division of Post-Trial Services; and 19
5. Division of Conflict Services. 20
(2) (a) Each department, except for the Department of Public Advocacy and the 21
Department of Kentucky State Police, shall be headed by a commissioner 22
who shall be appointed by the secretary of the Justice and Public Safety 23
Cabinet with the approval of the Governor as required by KRS 12.040. Each 24
commissioner shall be directly responsible to the secretary and shall have such 25
functions, powers, and duties as provided by law and as the secretary may 26
prescribe. 27 UNOFFICIAL COPY 22 RS BR 995
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(b) The Department of Public Advocacy shall be headed by the public advocate, 1
appointed as required by KRS 31.020, who shall be directly responsible to the 2
Public Advocacy Commission. The Department of Public Advocacy is an 3
independent state agency which shall be attached to the Justice and Public 4
Safety Cabinet for administrative purposes only. The Justice and Public Safety 5
Cabinet shall not have control over the Department of Public Advocacy's 6
information technology equipment and use unless granted access by court 7
order. 8
(c) The Department of Kentucky State Police shall be headed by a 9
commissioner appointed in accordance with Section 3 of this Act, who shall 10
be directly responsible to the Kentucky State Police Commission. The 11
Department of Kentucky State Police is an independent state agency which 12
shall be attached to the Justice and Public Safety Cabinet for administrative 13
purposes only. The Justice and Public Safety Cabinet shall not have control 14
over the Department of Kentucky State Police's information technology 15
equipment and use unless granted access by court order. 16
(3) The Justice and Public Safety Cabinet shall have the following offices and 17
divisions: 18
(a) Office of the Secretary, which shall be headed by a deputy secretary appointed 19
pursuant to KRS 12.050 and responsible for the direct administrative support 20
for the secretary and other duties as assigned by the secretary, and which, with 21
the approval of the secretary, may employ such staff as necessary to perform 22
the duties, functions, and responsibilities of the office; 23
(b) Office of Human Resource Management, which shall be headed by an 24
executive director appointed pursuant to KRS 12.050 who shall be responsible 25
to and report to the secretary and be responsible for all matters relating to 26
human resources, and who, with the approval of the secretary, may employ 27 UNOFFICIAL COPY 22 RS BR 995
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such staff as necessary to perform the duties, functions, and responsibilities of 1
the office; 2
1. Division of Human Resource Administration, which shall be headed by 3
a director appointed pursuant to KRS 12.050 who shall report to the 4
executive director of the Office of Human Resource Management; and 5
2. Division of Employee Management, which shall be headed by a director 6
appointed pursuant to KRS 12.050 who shall report to the executive 7
director of the Office of Human Resource Management; 8
(c) Office of Legal Services, which shall be headed by an executive director 9
appointed pursuant to KRS 12.050 and 12.210, that: 10
1. Shall provide legal representation and services for the cabinet; and 11
2. May investigate all complaints regarding the facilities, staff, treatment of 12
juveniles, and other matters relating to the operation of the Justice and 13
Public Safety Cabinet. If it appears that there is a violation of statutes, 14
administrative regulations, policies, court decisions, the rights of 15
juveniles who are subject to the orders of the department, or any other 16
matter relating to the Justice and Public Safety Cabinet, the office shall 17
report to the secretary of the Justice and Public Safety Cabinet who 18
shall, if required, refer the matter to a law enforcement agency, 19
Commonwealth's attorney, county attorney, the Attorney General, or 20
federal agencies, as appropriate. The office may be used to investigate 21
matters in which there is a suspicion of violation of written policy, 22
administrative regulation, or statutory law within the Department of 23
Public Advocacy only when the investigation will have no prejudicial 24
impact upon a person who has an existing attorney-client relationship 25
with the Department of Public Advocacy. Notwithstanding the 26
provisions of this subparagraph, investigation and discipline of KRS 27 UNOFFICIAL COPY 22 RS BR 995
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Chapter 16 personnel shall continue to be conducted by the Department 1
of Kentucky State Police pursuant to KRS Chapter 16. The office shall 2
conduct no other investigations under the authority granted in this 3
subparagraph. The secretary may, by administrative order, assign the 4
investigative functions in this subparagraph to a branch within the 5
office. 6
The executive director shall be directly responsible to and report to the 7
secretary and, with the approval of the secretary, may employ such attorneys 8
appointed pursuant to KRS 12.210 and other staff as necessary to perform the 9
duties, functions, and responsibilities of the office; 10
(d) Office of Legislative and Intergovernmental Services, which shall be headed 11
by an executive director appointed pursuant to KRS 12.050 who shall be 12
responsible for all matters relating to the provision of support to the Criminal 13
Justice Council, legislative liaison services, and functions and duties vested in 14
the Criminal Justice Council as described in KRS 15A.030. The executive 15
director shall be directly responsible to and report to the secretary and may 16
employ such staff as necessary to perform the duties, functions, and 17
responsibilities of the office; 18
(e) Office of Communications, which shall be headed by an executive director 19
appointed by the secretary of the Justice and Public Safety Cabinet pursuant to 20
KRS 12.050 who shall be responsible to report to the secretary and be 21
responsible for all matters relating to communications, and who, with the 22
approval of the secretary, may employ such staff as necessary to perform the 23
duties, functions, and responsibilities of the office; 24
1. Information and Technology Services Division, which shall be headed 25
by a director appointed by the secretary of the Justice and Public Safety 26
Cabinet pursuant to KRS 12.050 who shall report to the executive 27 UNOFFICIAL COPY 22 RS BR 995
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director of the Office of Communications; 1
(f) Office of Financial Management Services, which shall be headed by an 2
executive director appointed by the secretary of the Justice and Public Safety 3
Cabinet pursuant to KRS 12.050 who shall be responsible to report to the 4
secretary and be responsible for all matters relating to fiscal functions, and 5
who, with the approval of the secretary, may employ such staff as necessary to 6
perform the duties, functions, and responsibilities of the office; 7
1. Division of Financial Management, which shall be headed by a director 8
appointed by the secretary of the Justice and Public Safety Cabinet 9
pursuant to KRS 12.050 who shall report to the executive director of the 10
Office of Financial Management Services; 11
(g) Grants Management Division, which shall be headed by a director appointed 12
by the secretary of the Justice and Public Safety Cabinet pursuant to KRS 13
12.050 who shall be responsible to report to the secretary and be responsible 14
for all matters relating to state and federal grants management, and who, with 15
the approval of the secretary, may employ such staff as necessary to perform 16
the duties, functions, and responsibilities of the office; 17
(h) Office of the Kentucky State Medical Examiner, which shall be headed by a 18
chief medical examiner appointed pursuant to KRS 72.240 who shall be 19
responsible for all matters relating to forensic pathology and forensic 20
toxicology and other duties as assigned by the secretary. The executive 21
director appointed pursuant to KRS 12.050 shall be responsible for all matters 22
related to the administrative support of the Office of the State Medical 23
Examiner. The executive director shall report directly to the secretary and with 24
the approval of the secretary may employ such administrative support staff as 25
necessary to perform the administrative duties, functions, and responsibilities 26
of the office. The chief medical examiner shall be directly responsible to and 27 UNOFFICIAL COPY 22 RS BR 995
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report to the secretary and may employ such staff as necessary to perform the 1
forensic duties, functions, and responsibilities of the office; and 2
(i) Office of Drug Control Policy, which shall be headed by an executive director 3
appointed pursuant to KRS 12.050 who shall be responsible for all matters 4
relating to the research, coordination, and execution of drug control policy and 5
for the management of state and federal grants, including but not limited to the 6
prevention and treatment related to substance abuse. By December 31 of each 7
year, the Office of Drug Control Policy shall review, approve, and coordinate 8
all current projects of any substance abuse program which is conducted by or 9
receives funding through agencies of the executive branch. This oversight 10
shall extend to all substance abuse programs which are principally related to 11
the prevention or treatment, or otherwise targeted at the reduction, of 12
substance abuse in the Commonwealth. The Office of Drug Control Policy 13
shall promulgate administrative regulations consistent with enforcing this 14
oversight authority. The executive director shall be directly responsible to and 15
report to the secretary and may employ such staff as necessary to perform the 16
duties, functions, and responsibilities of the office. 17
SECTION 2. A NEW SECTION OF KRS CHAPTER 16 IS CREATED TO 18
READ AS FOLLOWS: 19
(1) There is created within the Department of Kentucky State Police the Kentucky 20
State Police Commission, which shall be composed of the following nine (9) 21
members who shall be residents of Kentucky: 22
(a) The Attorney General, or his or her designee; 23
(b) The commissioner of the Department of Criminal Justice Training; 24
(c) The director of the Southern Police Institute of the University of Louisville; 25
(d) The dean of the College of Justice and Safety of Eastern Kentucky 26
University; 27 UNOFFICIAL COPY 22 RS BR 995
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(e) Five (5) at-large members appointed by the Governor, as follows: 1
1. Two (2) retired Kentucky state troopers; 2
2. One (1) chief of police from a list of three (3) names submitted by the 3
Kentucky Association of Chiefs of Police; 4
3. One (1) sheriff from a list of three (3) names submitted by the 5
Kentucky Sheriffs' Association; and 6
4. One (1) Commonwealth's attorney from a list of three (3) names 7
submitted by the Commonwealth's Attorneys Association. 8
(2) At-large members appointed under subsection (1)(e) of this section shall serve 9
four (4) year terms. In the event of any vacancy other than by the expiration of a 10
term, the Governor shall fill the vacancy for the remainder of the unexpired term 11
from the names remaining on the list previously submitted for the position from 12
which the vacancy arose. 13
(3) Members of the commission may be removed by the Governor only for cause, 14
after being given a copy of charges against them, an opportunity to be heard 15
publicly on the charges before the Governor, and in finding of fact by the 16
Governor. 17
(4) Each member of the commission shall be entitled to reimbursement for actual 18
and necessary traveling and other expenses incurred by him or her in the 19
discharge of his or her official duties. 20
(5) A majority of the commission shall constitute a quorum for the transaction of 21
any business, for the performance of any duty, or for the exercise of any power 22
vested in the commission. 23
(6) The commission shall promulgate administrative regulations under KRS Chapter 24
13A to carry out its functions and duties under this chapter, including provisions 25
for: 26
(a) Open competitive examination as to the fitness of applicants for 27 UNOFFICIAL COPY 22 RS BR 995
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employment as officers; and 1
(b) Establishment of eligible lists as a result of the competitive examinations, 2
from which lists vacancies shall be filled. 3
(7) The commission shall hear appeals from applicants for employment for which 4
examinations are being given or have been conducted and from eligibles on 5
examination registers subject to the procedural rules that the commission may 6
adopt pursuant to the this section. 7
SECTION 3. A NEW SECTION OF KRS CHAPTER 16 IS CREATED TO 8
READ AS FOLLOWS: 9
(1) Notwithstanding any provision of KRS Chapter 18A, 42, 45, 45A, 56, or 64 to the 10
contrary, the Kentucky State Police Commission shall have the sole authority to 11
appoint a commissioner of the Department of Kentucky State Police, who shall 12
meet the qualifications set forth in KRS 16.030. The commission shall be the sole 13
contracting body for the purposes of KRS Chapter 45A and shall submit any 14
proposed personal service contract with a commissioner to the Government 15
Contract Review Committee for its review pursuant to KRS 45A.690 to 45A.725. 16
The commissioner shall serve for a defined employment contract term not to 17
exceed four (4) years and shall be subject to: 18
(a) Annual review by the commission in closed, executive session; 19
(b) Removal by the commission for the same cause and in the same manner in 20
which the Governor may remove a member of the commission; and 21
(c) Reappointment by the commission. 22
(2) The commissioner shall receive such compensation as the commission may solely 23
determine, and shall be reimbursed for all actual and necessary travel and other 24
expenses incurred by him or her in the performance of his or her official duties. 25
Section 4. KRS 16.050 is amended to read as follows: 26
(1) The commissioner shall appoint or promote to the ranks and grades and positions of 27 UNOFFICIAL COPY 22 RS BR 995
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the department such officers as are considered by him or her to be necessary for the 1
efficient administration of the department. The Kentucky State Police shall conduct 2
a biennial salary survey, and the findings of the salary survey shall be: 3
(a) Submitted to the Kentucky State Police Commission; and 4
(b) Included in the department's budget request submitted to the Kentucky 5
General Assembly. 6
(2) All initial appointments of officers to the department shall be made for merit and 7
fitness after a competitive examination. 8
(3) [There is created a Department of Kentucky State Police Personnel Board consisting 9
of the commissioner and four (4) other members to be appointed by the Governor, 10
two (2) to be appointed from each of the two (2) major political parties. 11
(4) The initial appointment of members of the board shall be for terms of one (1), two 12
(2), three (3), and four (4) years. Thereafter each appointment shall be for a term of 13
four (4) years, except that a person appointed to fill a vacancy occurring prior to the 14
expiration of a term shall be appointed for the remainder of that term. 15
(5) Members of the board may be removed by the Governor only for cause, after being 16
given a copy of charges against them and an opportunity to be heard publicly on 17
such charges before the Governor. 18
(6) The board shall elect one (1) of its members chairman. It shall meet at such time 19
and place as shall be specified by call of the commissioner. Three (3) members shall 20
constitute a quorum for the transaction of business. Members of the board other 21
than the commissioner shall receive compensation of fifty dollars ($50) and 22
reimbursement of travel expenses for each meeting of the board which they attend. 23
(7) The board shall promulgate administrative regulations to carry out the purposes 24
herein, which shall include provisions for: 25
(a) Open competitive examination as to fitness of applicants for employment as 26
officers; and 27 UNOFFICIAL COPY 22 RS BR 995
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(b) Establishment of eligible lists as a result of such competitive examinations, 1
from which lists vacancies shall be filled. 2
(8) The board shall hear appeals from applicants for employment for which 3
examinations are being given or have been conducted and from eligibles on 4
examination registers subject to the procedural rules which the board may adopt 5
pursuant to the provisions of this section. 6
(9) ](a) Prior to appointment as a Cadet Trooper, all applicants shall agree in writing 7
that if, within three (3) years of completing the basic training course offered 8
by the department, he or she accepts employment as a peace officer with 9
another law enforcement agency, or accepts employment with another type of 10
agency or entity in a position that requires law enforcement training to meet 11
the qualifications for the position, he or she will repay to the department the 12
cost incurred by the department in providing training to the officer to the 13
extent repayment has not been made by the agency with which the officer 14
accepts employment under paragraph (b) or (c) of this subsection. 15
(b) If the officer accepts employment as a peace officer with another state agency 16
or a state university or educational institution within Kentucky within three (3) 17
years of completing the basic training course offered by the department, the 18
agency, university, or educational institution shall reimburse the department 19
for costs incurred in providing training to the officer. 20
(c) If the officer accepts employment with a city, county, or other local law 21
enforcement agency within Kentucky within three (3) years of completing the 22
basic training course offered by the department, KRS 70.290 shall apply as 23
well, except that the amount of the reimbursement shall not be prorated as 24
provided in KRS 70.290. 25
Section 5. Notwithstanding subsection (2) of Section 2 of this Act, the initial 26
appointments of at-large members to the Kentucky State Police Commission under 27 UNOFFICIAL COPY 22 RS BR 995
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subsection (1)(e) of Section 2 of this Act shall be staggered so that one appointment shall 1
be for a term of one year, two appointments shall be for a term of two years, one 2
appointment shall be for a term of three years, and one appointment shall be for a term of 3
four years. After the initial appointments, each appointment under subsection (1)(e) of 4
Section 2 of this Act shall be for a term of four years. 5