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AN ACT relating to public safety, making an appropriation therefor, and declaring 1
an emergency. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. KRS 15A.020 is amended to read as follows: 4
(1) The Justice and Public Safety Cabinet shall have the following departments: 5
(a) Department of Corrections; 6
(b) Department of Criminal Justice Training, which shall have the following 7
divisions: 8
1. Training Operations Division; and 9
2. Administrative Division; 10
(c) Department of Juvenile Justice, which shall have the following offices and 11
divisions: 12
1. Office of Program Operations, which shall have the following divisions: 13
a. Division of Western Region; 14
b. Division of Eastern Region; and 15
c. Division of Placement Services; 16
2. Office of Support Services, which shall have the following divisions: 17
a. Division of Administrative Services; 18
b. Division of Program Services; and 19
c. Division of Professional Development[Division of Medical 20
Services]; and 21
3. Office of Community and Mental Health Services, which shall have the 22
following division[divisions]: 23
a.[ Division of Professional Development; and 24
b.] Division of Community and Mental Health Services; 25
4. Office of Detention, which shall require that all detention centers 26
report to one (1) supervisor who reports directly to the commissioner, 27 UNOFFICIAL COPY 23 RS SB 162/EN
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and which shall have the following division: 1
a. Division of Transportation; and 2
5. Division of Compliance; 3
(d) Department of Kentucky State Police, which shall have the following offices 4
and divisions: 5
1. Office of Administrative Services, which shall be headed by an 6
executive director who shall be appointed by the commissioner of the 7
Department of Kentucky State Police and who shall report to the 8
commissioner; 9
a. Division of Operational Support, which shall be headed by a 10
director who shall be appointed by the commissioner of the 11
Department of Kentucky State Police and who shall report to the 12
executive director of the Office of Administrative Services; and 13
b. Division of Management Services, which shall be headed by a 14
director who shall be appointed by the commissioner of the 15
Department of Kentucky State Police and who shall report to the 16
executive director of the Office of Administrative Services; 17
2. Office of Operations, which shall be headed by an executive director 18
who shall be appointed by the commissioner of the Department of 19
Kentucky State Police and who shall report to the commissioner; 20
a. Division of West Troops, which shall be headed by a director who 21
shall be appointed by the commissioner of the Department of 22
Kentucky State Police and who shall report to the executive 23
director of the Office of Operations; 24
b. Division of East Troops, which shall be headed by a director who 25
shall be appointed by the commissioner of the Department of 26
Kentucky State Police and who shall report to the executive 27 UNOFFICIAL COPY 23 RS SB 162/EN
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director of the Office of Operations; 1
c. Division of Special Enforcement, 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 Operations; and 5
d. Division of Commercial Vehicle Enforcement, which shall be 6
headed by a director who shall be appointed by the commissioner 7
of the Department of Kentucky State Police and who shall report 8
to the executive director of the Office of Operations; and 9
3. Office of Technical Services, which shall be headed by an executive 10
director who shall be appointed by the commissioner of the Department 11
of Kentucky State Police and who shall report to the commissioner; 12
a. Division of Forensic Services, which shall be headed by a director 13
who shall have a minimum of a bachelor's degree in a natural 14
science and at least seven (7) years of experience in an accredited 15
forensic laboratory, who shall be appointed by the commissioner 16
of the Department of Kentucky State Police, and who shall report 17
to the executive director of the Office of Technical Services; and 18
b. Division of Information Technology, which shall be headed by a 19
director who shall be appointed by the commissioner of the 20
Department of Kentucky State Police and who shall report to the 21
executive director of the Office of Technical Services; and 22
(e) Department of Public Advocacy, which shall have the following divisions: 23
1. Protection and Advocacy Division; 24
2. Division of Law Operations; 25
3. Division of Trial Services; 26
4. Division of Post-Trial Services; and 27 UNOFFICIAL COPY 23 RS SB 162/EN
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5. Division of Conflict Services. 1
(2) Each department, except for the Department of Public Advocacy, shall be headed 2
by a commissioner who shall be appointed by the secretary of the Justice and Public 3
Safety Cabinet with the approval of the Governor as required by KRS 12.040. Each 4
commissioner shall be directly responsible to the secretary and shall have such 5
functions, powers, and duties as provided by law and as the secretary may 6
prescribe. The Department of Public Advocacy shall be headed by the public 7
advocate, appointed as required by KRS 31.020, who shall be directly responsible 8
to the Public Advocacy Commission. The Department of Public Advocacy is an 9
independent state agency which shall be attached to the Justice and Public Safety 10
Cabinet for administrative purposes only. The Justice and Public Safety Cabinet 11
shall not have control over the Department of Public Advocacy's information 12
technology equipment and use unless granted access by court order. 13
(3) The Justice and Public Safety Cabinet shall have the following offices and 14
divisions: 15
(a) Office of the Secretary, which shall be headed by a deputy secretary 16
appointed pursuant to KRS 12.050 and responsible for the direct 17
administrative support for the secretary and other duties as assigned by the 18
secretary, and which, with the approval of the secretary, may employ such 19
staff as necessary to perform the duties, functions, and responsibilities of the 20
office; 21
(b) Office of Human Resource Management, which shall be headed by an 22
executive director appointed pursuant to KRS 12.050 who shall be responsible 23
to and report to the secretary and be responsible for all matters relating to 24
human resources, and who, with the approval of the secretary, may employ 25
such staff as necessary to perform the duties, functions, and responsibilities of 26
the office; 27 UNOFFICIAL COPY 23 RS SB 162/EN
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1. Division of Human Resource Administration, which shall be headed by 1
a director appointed pursuant to KRS 12.050 who shall report to the 2
executive director of the Office of Human Resource Management; and 3
2. Division of Employee Management, which shall be headed by a director 4
appointed pursuant to KRS 12.050 who shall report to the executive 5
director of the Office of Human Resource Management; 6
(c) Office of Legal Services, which shall be headed by an executive director 7
appointed pursuant to KRS 12.050 and 12.210, that: 8
1. Shall provide legal representation and services for the cabinet; and 9
2. May investigate all complaints regarding the facilities, staff, treatment 10
of juveniles, and other matters relating to the operation of the Justice 11
and Public Safety Cabinet. If it appears that there is a violation of 12
statutes, administrative regulations, policies, court decisions, the rights 13
of juveniles who are subject to the orders of the department, or any other 14
matter relating to the Justice and Public Safety Cabinet, the office shall 15
report to the secretary of the Justice and Public Safety Cabinet who 16
shall, if required, refer the matter to a law enforcement agency, 17
Commonwealth's attorney, county attorney, the Attorney General, or 18
federal agencies, as appropriate. The office may be used to investigate 19
matters in which there is a suspicion of violation of written policy, 20
administrative regulation, or statutory law within the Department of 21
Public Advocacy only when the investigation will have no prejudicial 22
impact upon a person who has an existing attorney-client relationship 23
with the Department of Public Advocacy. Notwithstanding the 24
provisions of this subparagraph, investigation and discipline of KRS 25
Chapter 16 personnel shall continue to be conducted by the Department 26
of Kentucky State Police pursuant to KRS Chapter 16. The office shall 27 UNOFFICIAL COPY 23 RS SB 162/EN
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conduct no other investigations under the authority granted in this 1
subparagraph. The secretary may, by administrative order, assign the 2
investigative functions in this subparagraph to a branch within the 3
office. 4
The executive director shall be directly responsible to and report to the 5
secretary and, with the approval of the secretary, may employ such attorneys 6
appointed pursuant to KRS 12.210 and other staff as necessary to perform the 7
duties, functions, and responsibilities of the office; 8
(d) Office of Legislative and Intergovernmental Services, which shall be headed 9
by an executive director appointed pursuant to KRS 12.050 who shall be 10
responsible for all matters relating to the provision of support to the Criminal 11
Justice Council, legislative liaison services, and functions and duties vested in 12
the Criminal Justice Council as described in KRS 15A.030. The executive 13
director shall be directly responsible to and report to the secretary and may 14
employ such staff as necessary to perform the duties, functions, and 15
responsibilities of the office; 16
(e) Office of Communications, which shall be headed by an executive director 17
appointed by the secretary of the Justice and Public Safety Cabinet pursuant to 18
KRS 12.050 who shall be responsible to report to the secretary and be 19
responsible for all matters relating to communications, and who, with the 20
approval of the secretary, may employ such staff as necessary to perform the 21
duties, functions, and responsibilities of the office; 22
1. Information and Technology Services Division, which shall be headed 23
by a director appointed by the secretary of the Justice and Public Safety 24
Cabinet pursuant to KRS 12.050 who shall report to the executive 25
director of the Office of Communications; 26
(f) Office of Financial Management Services, which shall be headed by an 27 UNOFFICIAL COPY 23 RS SB 162/EN
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executive director appointed by the secretary of the Justice and Public Safety 1
Cabinet pursuant to KRS 12.050 who shall be responsible to report to the 2
secretary and be responsible for all matters relating to fiscal functions, and 3
who, with the approval of the secretary, may employ such staff as necessary 4
to perform the duties, functions, and responsibilities of the office; 5
1. Division of Financial Management, which shall be headed by a director 6
appointed by the secretary of the Justice and Public Safety Cabinet 7
pursuant to KRS 12.050 who shall report to the executive director of the 8
Office of Financial Management Services; 9
(g) Grants Management Division, which shall be headed by a director appointed 10
by the secretary of the Justice and Public Safety Cabinet pursuant to KRS 11
12.050 who shall be responsible to report to the secretary and be responsible 12
for all matters relating to state and federal grants management, and who, with 13
the approval of the secretary, may employ such staff as necessary to perform 14
the duties, functions, and responsibilities of the office; 15
(h) Office of the Kentucky State Medical Examiner, which shall be headed by a 16
chief medical examiner appointed pursuant to KRS 72.240 who shall be 17
responsible for all matters relating to forensic pathology and forensic 18
toxicology and other duties as assigned by the secretary. The executive 19
director appointed pursuant to KRS 12.050 shall be responsible for all matters 20
related to the administrative support of the Office of the State Medical 21
Examiner. The executive director shall report directly to the secretary and 22
with the approval of the secretary may employ such administrative support 23
staff as necessary to perform the administrative duties, functions, and 24
responsibilities of the office. The chief medical examiner shall be directly 25
responsible to and report to the secretary and may employ such staff as 26
necessary to perform the forensic duties, functions, and responsibilities of the 27 UNOFFICIAL COPY 23 RS SB 162/EN
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office; and 1
(i) Office of Drug Control Policy, which shall be headed by an executive director 2
appointed pursuant to KRS 12.050 who shall be responsible for all matters 3
relating to the research, coordination, and execution of drug control policy 4
and for the management of state and federal grants, including but not limited 5
to the prevention and treatment related to substance abuse. By December 31 6
of each year, the Office of Drug Control Policy shall review, approve, and 7
coordinate all current projects of any substance abuse program which is 8
conducted by or receives funding through agencies of the executive branch. 9
This oversight shall extend to all substance abuse programs which are 10
principally related to the prevention or treatment, or otherwise targeted at the 11
reduction, of substance abuse in the Commonwealth. The Office of Drug 12
Control Policy shall promulgate administrative regulations consistent with 13
enforcing this oversight authority. The executive director shall be directly 14
responsible to and report to the secretary and may employ such staff as 15
necessary to perform the duties, functions, and responsibilities of the office. 16
Section 2. KRS 15A.061 is amended to read as follows: 17
(1) The cabinet shall maintain a comprehensive, centralized data tracking system for 18
the Department of Juvenile Justice. 19
(2) The cabinet shall ensure that all departments within the cabinet collaborate to 20
develop procedures to allow collection and sharing of data necessary to analyze 21
juvenile recidivism. Recidivism includes an adjudication of delinquency by a 22
juvenile court, or a conviction by a District Court or Circuit Court, for an offense 23
committed within three (3) years of release from the custody or control of the 24
Department of Juvenile Justice. 25
Section 3. KRS 15A.063 is amended to read as follows: 26
(1) The Juvenile Justice Oversight Council is created for the purpose of providing 27 UNOFFICIAL COPY 23 RS SB 162/EN
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independent review of the state juvenile justice system and providing 1
recommendations to the General Assembly. The council shall[is to] actively 2
[engage in ]review the implementation of all[the] juvenile justice reforms enacted 3
by the General Assembly[in 2014 Ky. Acts ch. 132], collect and review 4
performance measurement data, and continue to review the juvenile justice system 5
for changes that improve public safety, hold youth accountable, provide better 6
outcomes for children and families, and control juvenile justice costs. 7
(2) (a) The membership of the council shall include the following: 8
1. The secretary of the Justice and Public Safety Cabinet, ex officio; 9
2. The commissioner of the Department for Behavioral Health, 10
Developmental and Intellectual Disabilities, ex officio; 11
3. The commissioner of the Department for Community Based Services, ex 12
officio; 13
4. The commissioner of the Department of Juvenile Justice, ex officio; 14
5. The commissioner of the Department of Education, ex officio; 15
6. The director of the Administrative Office of the Courts, ex officio; 16
7. The Public Advocate, ex officio; 17
8. The Senate chair of the Committee on Judiciary, nonvoting ex officio; 18
9. The House chair of the Committee on Judiciary, nonvoting ex officio; 19
10. One (1) member of the Senate appointed by the President of the 20
Senate, and one (1) member of the minority party in the Senate 21
appointed by the Minority Floor Leader in the Senate, who shall serve 22
as ex officio, nonvoting members for the duration of the terms for 23
which they were elected; 24
11. One (1) member of the House of Representatives appointed by the 25
Speaker of the House of Representatives, and one (1) member of the 26
minority party in the House of Representatives appointed by the 27 UNOFFICIAL COPY 23 RS SB 162/EN
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Minority Floor Leader in the House of Representatives, who shall 1
serve as ex officio, nonvoting members for the duration of the terms 2
for which they were elected; and 3
12.[10.] Five (5) at-large members appointed by the Governor, as follows: 4
a. One (1) member representing public schools or an education group 5
or organization; 6
b. One (1) District Judge nominated by the Chief Justice of the 7
Kentucky Supreme Court; 8
c. One (1) member representing law enforcement; 9
d. One (1) member of the County Attorneys' Association nominated 10
by the Attorney General; and 11
e. One (1) member representing community-based organizations, 12
whether for-profit or nonprofit, with experience in programs for 13
juveniles, including substance abuse prevention and treatment, 14
case management, mental health, or counseling. 15
(b) The chairs of the House and Senate Judiciary Committees shall serve as co-16
chairs. 17
(c) At-large members shall be appointed by August 1, 2022, shall serve a term of 18
two (2) years, and may be reappointed. 19
(d) Each ex officio member, except for legislative members, may designate a 20
proxy by written notice to the council prior to call of order of each meeting, 21
and the proxy shall be entitled to participate as a full voting member. 22
(e) Except as otherwise provided by law, members shall not be compensated for 23
being members of the council but shall be reimbursed for ordinary travel 24
expenses, including meals and lodging, incurred while performing council 25
business. 26
(f) The council shall meet at least quarterly. A quorum, consisting of a majority 27 UNOFFICIAL COPY 23 RS SB 162/EN
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of the membership of the council, shall be required for the transaction of 1
business. Meetings shall be held at the call of the chair, or upon the written 2
request of two (2) members to the chair. 3
(3) The council shall: 4
(a) Review[Oversee] the implementation of the reforms enacted by the General 5
Assembly;[contained in 2014 Ky. Acts ch. 132, including:] 6
(b)[1.] Review[ of the] performance measures[ to be adopted] and recommend 7
modifications; 8
(c)[2.] Review[Ensure] all policies to confirm implementation as[are 9
implemented in accordance with the time frames] established by legislation 10
enacted by the General Assembly and administrative regulations 11
promulgated thereunder; 12
(d)[3.] Review[Ensure] the fiscal incentive program established pursuant to 13
KRS 15A.062[ is implemented and continue to review the program; and 14
4. Review the Department of Juvenile Justice facilities plan submitted 15
following a reduction of population and make recommendations to the 16
General Assembly as to the plan and any changes to the reinvestment of 17
savings achieved from the closure of any facilities]; 18
(e)[(b)] Collect and review performance data and recommend any additional 19
performance measures needed to identify outcomes in the juvenile justice 20
system; 21
(f)[(c)] Review the information received from the Department of Education 22
pursuant to KRS 156.095, and determine whether any action is necessary, 23
including additional performance measures, funding, or legislation; 24
(g)[(d)] Continue review of juvenile justice areas determined appropriate by the 25
council, including: 26
1. Status offense reform; 27 UNOFFICIAL COPY 23 RS SB 162/EN
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2. Necessary training for school resource officers as defined in KRS 1
158.441, in juvenile justice best practices, research, and impacts on 2
recidivism and long-term outcomes; 3
3. Graduated sanctions protocols in public schools, including their current 4
use and their development statewide; 5
4. A minimum age of criminal responsibility; 6
5. Competency; 7
6. Reforms to the family resource and youth service centers in the Cabinet 8
for Health and Family Services; 9
7. Population levels in Department of Juvenile Justice facilities, and the 10
potential for closure of facilities while maintaining staffing ratios 11
necessary to comply with applicable accreditation standards; and 12
8. Whether juvenile court hearings should be open to the public;[ and] 13
(h) Review and make recommendations regarding: 14
1. The structure and staffing of the Department of Juvenile Justice; 15
2. Training of juvenile justice staff; 16
3. The adequacy of current programs and facilities operated by the 17
Department of Juvenile Justice; 18
4. Best practices in juvenile justice programs and facilities; and 19
5. Other topics as determined by the council; and 20
(i)[(e)] Report by December 1, 2023[November 2014], and by December 21
1[November] of each year thereafter, to the Interim Joint Committee on 22
Judiciary and the Governor and make recommendations to the General 23
Assembly for any additional legislative changes the council determines 24
appropriate. 25
(4) The council shall be attached to the Legislative Research Commission[Justice and 26
Public Safety Cabinet] for administrative purposes. 27 UNOFFICIAL COPY 23 RS SB 162/EN
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(5) The council shall terminate on July 1, 2030, unless the General Assembly extends 1
the term of the council. 2
Section 4. KRS 15A.305 is amended to read as follows: 3
(1) The Department of Juvenile Justice shall[, with available funds,] develop and 4
administer a statewide detention program and, as each regional facility is 5
constructed and ready for occupancy, shall[, within appropriation limitations,] 6
provide for: 7
(a) The operation of preadjudication detention facilities for children charged with 8
public offenses; and 9
(b) The operation of postadjudication detention facilities for children adjudicated 10
delinquent or found guilty of public offenses. 11
(2) In each region in which the Department of Juvenile Justice operates or contracts for 12
the operation of a detention facility, the department shall[, within appropriation 13
limitations,] develop and administer a program for alternatives to secure detention 14
that shall provide for: 15
(a) The operation of or contracting for the operation of preadjudication 16
alternatives to secure detention and follow-up programs for juveniles who are 17
before the court or who enter pretrial diversion or informal adjustment 18
programs; and 19
(b) The operation of or contracting for the operation of postadjudication 20
alternatives to secure detention and follow-up programs, including but not 21
limited to community-based programs, mentoring, counseling, and other 22
programs designed to limit the unnecessary use of secure detention and ensure 23
public safety. 24
(3) The department shall develop and implement a system to immediately notify the 25
Cabinet for Health and Family Services when a status offender or child alleged to 26
be a status offender has been detained for the alleged violation of a valid court 27 UNOFFICIAL COPY 23 RS SB 162/EN
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order. 1
(4) The department may, except as provided in KRS 635.060, charge counties, 2
consolidated local governments, and urban-county governments a per diem not to 3
exceed ninety-four dollars ($94) for lodging juveniles in state-owned or contracted 4
facilities. 5
(5) Detention rates charged by contracting detention facilities shall not exceed the rate 6
in effect on July 1, 1997, subject to increases approved by the department. 7
(6) No juvenile detention facility, as defined in KRS 15A.200, shall be taken over, 8
purchased, or leased by the Commonwealth without prior approval of the fiscal 9
court upon consultation with the jailer in the county where the facility is located. 10
The county, upon consultation with the jailer, may enter into contracts with the 11
Commonwealth for the holding, detention, and transportation of juveniles. 12
(7) The Department of Juvenile Justice shall enter into sufficient contracts to ensure 13
the availability of institutional treatment for children with severe emotional 14
disturbance or mental illness as soon as practicable. 15
(8) The Department of Juvenile Justice shall, for any facility operated pursuant to 16
subsection (1) of this section, require that the facility: 17
(a) Provide children in crisis who are residing in a juvenile detention facility 18
access to a mental health professional whose communications with the child 19
are privileged under the Kentucky Rules of Evidence; 20
(b) Conduct monthly documented training related to emergency response; 21
(c) Ensure that appropriate staff working with detained youth have controlled 22
access to, and are properly trained in the use of, appropriate defensive 23
equipment comparable to that utilized by the Department of Corrections, 24
including tasers, pepper spray, and shields; 25
(d) Establish a specially trained emergency response team within each juvenile 26
detention center and youth development center which shall be trained in 27 UNOFFICIAL COPY 23 RS SB 162/EN
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tactics related to detention facilities and engage in monthly drills as part of 1
emergency response training; 2
(e) Enter into a memorandum of understanding with local law enforcement for 3
emergency response and include these agencies in emergency response 4
trainings; 5
(f) Be equipped with an alarm that directly communicates an emergency 6
situation to the local dispatch center; and 7
(g) Promulgate administrative regulations in accordance with KRS Chapter 8
13A to implement this subsection. 9
Section 5. KRS 610.340 is amended to read as follows: 10
(1) (a) Unless a specific provision of KRS Chapters 600 to 645 specifies otherwise, 11
all juvenile court records of any nature generated pursuant to KRS Chapters 12
600 to 645 by any agency or instrumentality, public or private, shall be 13
deemed to be confidential and shall not be disclosed except to the child, 14
parent, victims, or other persons authorized to attend a juvenile court hearing 15
pursuant to KRS 610.070 unless ordered by the court for good cause. 16
(b) Juvenile court records which contain information pertaining to arrests, 17
petitions, adjudications, and dispositions of a child may be disclosed to 18
victims or other persons authorized to attend a juvenile court hearing pursuant 19
to KRS 610.070. 20
(c) Release of the child's treatment, medical, mental, or psychological records is 21
prohibited unless presented as evidence in Circuit Court. Any records 22
resulting from the child's prior abuse and neglect under Title IV-E or Title IV-23
B of the Federal Social Security Act shall not be disclosed to victims or other 24
persons authorized to attend a juvenile court hearing pursuant to KRS 25
610.070. 26
(d) Victim access under this subsection to juvenile court records shall include 27 UNOFFICIAL COPY 23 RS SB 162/EN
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access to records of adjudications that occurred prior to July 15, 1998. 1
(2) The provisions of this section shall not apply to public officers or employees 2
engaged in the investigation of and in the prosecution of cases under KRS Chapters 3
600 to 645 or other portions of the Kentucky Revised Statutes. Any record obtained 4
pursuant to this subsection shall be used for official use only, shall not be disclosed 5
publicly, and shall be exempt from disclosure under the Open Records Act, KRS 6
61.870 to 61.884. 7
(3) The provisions of this section shall not apply to any peace officer, as defined in 8
KRS 446.010, who is engaged in the investigation or prosecution of cases under 9
KRS Chapters 600 to 645 or other portions of the Kentucky Revised Statutes. Any 10
record obtained pursuant to this subsection shall be used for official use only, shall 11
not be disclosed publicly, and shall be exempt from disclosure under the Open 12
Records Act, KRS 61.870 to 61.884. 13
(4) The provisions of this section shall not apply to employees of the Department of 14
Juvenile Justice or cabinet or its designees responsible for any services under KRS 15
Chapters 600 to 645 or to attorneys for parties involved in actions relating to KRS 16
Chapters 600 to 645 or other prosecutions authorized by the Kentucky Revised 17
Statutes. 18
(5) The provisions of this section shall not apply to records disclosed pursuant to KRS 19
610.320 or to public or private elementary and secondary school administrative, 20
transportation, and counseling personnel, to any teacher or school employee with 21
whom the student may come in contact, or to persons entitled to have juvenile 22
records under KRS 610.345, if the possession and use of the records is in 23
compliance with the provisions of KRS 610.345 and this section. 24
(6) The provisions of this section shall not apply to employees of local law 25
enforcement agencies, the Department of Kentucky State Police, or the Federal 26
Bureau of Investigation engaged in conducting background checks for the sole 27 UNOFFICIAL COPY 23 RS SB 162/EN
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purpose of identifying and providing potentially disqualifying juvenile public 1
offense records to the National Instant Criminal Background Check System 2
pursuant to Div. A, Title II, Sec. 12001(a) of the Bipartisan Safer Communities 3
Act, Pub. L. No. 117-159. Notwithstanding KRS 635.040, an adjudication for a 4
public offense is a conviction of a crime for purposes of 18 U.S.C. sec. 922(d)(1), 5
(d)(3), or (d)(9). Any public offense record obtained pursuant to this subsection 6
shall be used for official use only, not be disclosed publicly, and be exempt from 7
disclosure under the Open Records Act, KRS 61.870 to 61.884. 8
(7) No person, including school personnel, shall disclose any confidential record or any 9
information contained therein except as permitted by this section or other specific 10
section of KRS Chapters 600 to 645, or except as permitted by specific order of the 11
court. 12
(8)[(7)] No person, including school personnel, authorized to obtain records pursuant 13
to KRS Chapters 600 to 645 shall obtain or attempt to obtain confidential records to 14
which he is not entitled or for purposes for which he is not permitted to obtain them 15
pursuant to KRS Chapters 600 to 645. 16
(9)[(8)] No person, including school personnel, not authorized to obtain records 17
pursuant to KRS Chapters 600 to 645 shall obtain or attempt to obtain records 18
which are made confidential pursuant to KRS Chapters 600 to 645 except upon 19
proper motion to a court of competent jurisdiction. 20
(10)[(9)] No person shall destroy or attempt to destroy any record required to be kept 21
pursuant to KRS Chapters 600 to 645 unless the destruction is permitted pursuant to 22
KRS Chapters 600 to 645 and is authorized by the court upon proper motion and 23
good cause for the destruction being shown. 24
(11)[(10)] As used in this section the term "KRS Chapters 600 to 645" includes any 25
administrative regulations which are lawfully promulgated pursuant to KRS 26
Chapters 600 to 645. 27 UNOFFICIAL COPY 23 RS SB 162/EN
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(12)[(11)] Nothing in this section shall be construed to prohibit a crime victim from 1
speaking publicly after the adjudication about his or her case on matters within his 2
or her knowledge or on matters disclosed to the victim during any aspect of a 3
juvenile court proceeding. 4
Section 6. The Justice and Public Safety Cabinet shall: 5
(1) Develop and implement, as soon as practicable, a plan that will transition back 6
to the regional model of juvenile detention center facilities while safely segregating males 7
and females and separating violent and nonviolent offenders. The plan shall provide for a 8
return to the regional structure from the current emergency structure; 9
(2) Within 30 days after the effective date of this Act, return to a uniform 10
requirement for Department of Juvenile Justice correctional officers within juvenile 11
detention facilities; 12
(3) Within 90 days after the effective date of this Act, implement a Youth 13
Worker-R program to retain retired youth workers to supplement the staff of the 14
Department of Juvenile Justice; 15
(4) Within 30 days after the effective date of this Act, notwithstanding KRS 16
Chapter 18A, implement a limited duration program to allow staff of the Department of 17
Juvenile Justice who have resigned to return at their previous employment classification 18
with the approval of the department; 19
(5) Reinstate and maintain a management training program for the Department of 20
Juvenile Justice for all leadership positions, including the commissioner, and provide that 21
any individual who has satisfactorily completed the training program shall be an eligible 22
candidate for any leadership position within the department, including the position of 23
commissioner; and 24
(6) Develop and implement a plan to identify and transfer any juvenile to another 25
facility if the transfer is related to a security risk, is necessary to avoid interference with 26
any criminal investigation, or is necessary due to lack of available beds or staff shortages. 27 UNOFFICIAL COPY 23 RS SB 162/EN
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Section 7. Within 90 days after the effective date of this Act, the Department 1
for Medicaid Services shall develop and submit an amendment to the Section 1115 2
demonstration waiver submitted pursuant to 2021 Ky. Acts ch. 169, Part I, G., 3., b., (16) 3
to provide Medicaid benefits to Medicaid-eligible children detained by the Department of 4
Juvenile Justice. Upon approval of the waiver, the cost of medical and behavioral health 5
care shall be a covered Medicaid benefit for an incarcerated child. 6
Section 8. The Office of the Auditor of Public Accounts shall contract with a 7
third party to perform a full performance review of the preadjudication facilities operated 8
by, and the preadjudication programs administered by, the Department of Juvenile Justice 9
within the Justice and Public Safety Cabinet. The Office of the Auditor of Public 10
Accounts shall contract with an entity that has experience in reviewing the performance 11
of state agencies offering juvenile detention facilities and programs. 12
Notwithstanding any law to the contrary, the Office of the Auditor of Public 13
Accounts shall procure professional services by a personal service contract through 14
noncompetitive negotiation with an entity that has experience in reviewing the 15
performance of state agencies offering juvenile detention facilities and programs. The 16
Office of the Auditor of Public Accounts shall not contract with any entity that accredits 17
Kentucky's preadjudication juvenile detention facilities or programs, or Kentucky's 18
postadjudication juvenile detention facilities or programs. 19
The contracting party shall enter into a memorandum of understanding with the 20
Legislative Oversight and Investigations Committee of the Legislative Research 21
Commission concerning the exchange of materials and work papers and maintenance of 22
confidentiality. The contract shall provide that the performance review results shall be 23
reported to the Legislative Research Commission, and any materials related to the 24
performance review shall be provided to the Legislative Research Commission. An initial 25
preliminary report of the results of the performance review shall be submitted to the 26
Legislative Research Commission by October 15, 2023. 27 UNOFFICIAL COPY 23 RS SB 162/EN
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Section 9. The contracted entity under Section 8 of this Act shall have the 1
authority provided under KRS 43.080 and KRS 43.090. Employees of the Department of 2
Juvenile Justice shall be allowed to participate in interviews outside the presence of any 3
supervisor, official, or counsel representing the department or the Justice and Public 4
Safety Cabinet. The work papers of the contracted entity shall be confidential and shall 5
not be subject to subpoena, or to review or production under KRS 61.870 to KRS 61.884, 6
the Kentucky Open Records Act. 7
Section 10. The scope of the performance review shall be for the period from 8
January 1, 2016, to December 31, 2022, and shall include but not be limited to: 9
(1) Interviews with front-line employees; 10
(2) Interviews with law enforcement agencies in the area of the detention facility; 11
(3) Review of adopted staffing procedures, and the compliance or noncompliance 12
with the adopted procedures on-site; 13
(4) Review of incident reporting procedures and incident reports; 14
(5) Receipt, review, and actions taken by the Department of Juvenile Justice 15
related to complaints and concerns from employees; 16
(6) Review of all monthly reports; and 17
(7) Review of all complaints and exit interview forms. 18
Section 11. General Fund moneys in the amount of $38,000,000 from the 19
General Fund appropriation of $200,000,000 in fiscal year 2023-2024 set out in 2022 Ky. 20
Acts ch. 199, Part I, N., 1. are hereby transferred as follows: 21
(1) $3,200,000 to the Department of Juvenile Justice in fiscal year 2023-2024 to 22
maintain the salary increases provided to youth workers in juvenile detention centers in 23
fiscal year 2022-2023; 24
(2) $4,800,000 to the Department of Juvenile Justice in fiscal year 2023-2024 to 25
provide salary increases to other job classifications within the department; and 26
(3) $30,000,000 to the Adult Correctional Institutions budget unit in fiscal year 27 UNOFFICIAL COPY 23 RS SB 162/EN
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2023-2024 to provide salary increases for correctional officers within the Department of 1
Corrections facilities in the same manner as was provided to youth workers in juvenile 2
detention facilities with a base pay of $50,000. 3
Section 12. There is hereby appropriated General Fund moneys in the amount 4
of $9,700,000 in fiscal year 2023-2024 to the Department of Juvenile Justice for 146 5
additional youth workers in juvenile detention centers. 6
Section 13. There is hereby appropriated General Fund moneys in the amount 7
of $200,000 in fiscal year 2023-2024 to the Department of Juvenile Justice for the 8
development of a youth offender management system. 9
Section 14. There is hereby appropriated General Fund moneys in the amount 10
of $4,000,000 in fiscal year 2022-2023 to the Department of Juvenile Justice to provide 11
security upgrades within the juvenile detention centers. Notwithstanding KRS 45.229, the 12
General Fund appropriation under this section shall not lapse and shall carry forward for 13
expenditure in fiscal year 2023-2024. 14
Section 15. There is hereby appropriated General Fund moneys in the amount 15
of $1,500,000 in fiscal year 2022-2023 to the Department of Juvenile Justice to establish 16
a diversionary program to identify and provide treatment for any juvenile identified as 17
suffering from severe mental illness, in conjunction with the State Interagency Council 18
for Services and Supports to Children and Transition-age Youth, including any juvenile 19
currently detained who shall be transferred as soon as practicable to a secure facility for 20
treatment. As used in this section, "severe mental illness" means one or more mental, 21
behavioral, or emotional disorders resulting in serious functional impairment, which 22
substantially interferes with or limits one or more major life activities. Notwithstanding 23
KRS 45.229, the General Fund appropriation under this section shall not lapse and shall 24
carry forward for expenditure in fiscal year 2023-2024. 25
Section 16. There is hereby appropriated General Fund moneys in the amount 26
of $1,750,000 in fiscal year 2022-2023 to the Department of Juvenile Justice to retain 27 UNOFFICIAL COPY 23 RS SB 162/EN
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design experts to enable a return to the regional model of juvenile detention center 1
facilities. Notwithstanding KRS 45.229, the General Fund appropriation under this 2
section shall not lapse and shall carry forward for expenditure in fiscal year 2023-2024. 3
Section 17. Any Department of Juvenile Justice or Adult Correctional 4
Institutions employee receiving an increase in overall compensation due to either a base 5
salary increase, or the addition of new or increased locality pay, as part of the 6
compensation enhancement process beginning in December 2022, shall not be eligible for 7
an annual statewide increment or increase in fiscal year 2023-2024. 8
Section 18. There is hereby appropriated General Fund moneys in the amount 9
of $250,000 in fiscal year 2022-2023 to the Department of Juvenile Justice for 10
transportation costs for female youth detained by the Department of Juvenile Justice to be 11
used until the juvenile detention system returns to a regional model. Such transportation 12
costs shall be on a cost-reimbursement basis to the local law enforcement agency 13
providing transport which shall certify the actual cost on a form provided by the Finance 14
and Administration Cabinet. Reimbursement for the transport of male youth detained by 15
the Department of Juvenile Justice may also be made in the same manner as females only 16
upon a court order and only when the Department of Juvenile Justice cannot 17
accommodate the transport. Reimbursement for transport of male youth shall only be 18
made to the local law enforcement agency if it is to a juvenile justice facility other than 19
the regional juvenile detention center in its catchment area. Notwithstanding KRS 45.229, 20
the General Fund appropriation under this section shall not lapse and shall carry forward 21
for expenditure in fiscal year 2023-2024. 22
Section 19. There is hereby appropriated General Fund moneys in the amount 23
of $500,000 in fiscal year 2022-2023 to the Auditor of Public Accounts budget unit to 24
fund the performance review directed under Section 8 of this Act. Notwithstanding KRS 25
45.229, any portion of these funds not expended shall not lapse and shall carry forward 26
for expenditure in fiscal year 2023-2024. 27 UNOFFICIAL COPY 23 RS SB 162/EN
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Section 20. Whereas the operations of the Department of Juvenile Justice and 1
the safety of juveniles and staff are imperative for the betterment of the Commonwealth, 2
an emergency is declared to exist, and this Act takes effect upon its passage and approval 3
by the Governor or upon its otherwise becoming a law. 4