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AN ACT relating to public safety. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 17.545 is amended to read as follows: 3
(1) No registrant, as defined in KRS 17.500, shall reside within one thousand (1,000) 4
feet of a high school, middle school, elementary school, preschool, publicly owned 5
or leased playground, or licensed day care facility. The measurement shall be taken 6
in a straight line from the nearest property line to the nearest property line of the 7
registrant's place of residence. 8
(2) (a) No registrant, as defined in KRS 17.500, nor any person residing outside of 9
Kentucky who would be required to register under KRS 17.510 if the person 10
resided in Kentucky, shall be on, loiter within one thousand (1,000) feet of, 11
or work in or operate any mobile business within one thousand (1,000) feet 12
of the clearly defined grounds of a high school, middle school, elementary 13
school, preschool, publicly owned or leased playground, [or ]licensed day 14
care facility, publicly owned or leased swimming pool, or splash pad as 15
defined in KRS 211.205, except with the advance written permission of the 16
school principal, the school board, the local legislative body with jurisdiction 17
over the publicly owned or leased playground, publicly owned or leased 18
swimming pool, or splash pad, or the day care director that has been given 19
after full disclosure of the person's status as a registrant or sex offender from 20
another state and all registrant information as required in KRS 17.500. 21
(b) As used in this subsection:[,] 22
1. "Local legislative body" means the chief governing body of a city, 23
county, urban-county government, consolidated local government, 24
charter county government, or unified local government that has 25
legislative powers; 26
2. "Loiter" includes remaining in or about the clearly defined grounds 27 UNOFFICIAL COPY 23 RS SB 80/EN
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of a location described in paragraph (a) of this subsection, while not 1
having any reason or relationship involving custody of or 2
responsibility for a minor or any other specific legitimate reason for 3
being there; and 4
3. "Mobile business" means any business that operates from a motor 5
vehicle or wheeled cart that can be operated, pushed, or pulled on a 6
sidewalk, street, or highway where food, goods, or services are 7
prepared, processed, or sold or dispensed to the public. 8
(c) The measurement in paragraph (a) of this subsection shall be taken in a 9
straight line from the nearest property line. 10
(3) For purposes of this section: 11
(a) The registrant shall have the duty to ascertain whether any property listed in 12
subsection (1) of this section is within one thousand (1,000) feet of the 13
registrant's residence; and 14
(b) If a new facility opens, the registrant shall be presumed to know and, within 15
ninety (90) days, shall comply with this section. 16
(4) (a) Except as provided in paragraph (b) of this subsection, no registrant who is 17
eighteen (18) years of age or older and has committed a criminal offense 18
against a victim who is a minor shall have the same residence as a minor. 19
(b) A registrant who is eighteen (18) years of age or older and has committed a 20
criminal offense against a victim who is a minor may have the same residence 21
as a minor if the registrant is the spouse, parent, grandparent, stepparent, 22
sibling, stepsibling, or court-appointed guardian of the minor, unless the 23
spouse, child, grandchild, stepchild, sibling, stepsibling, or ward was a victim 24
of the registrant. 25
(c) This subsection shall not operate retroactively and shall apply only to a 26
registrant that committed a criminal offense against a victim who is a minor 27 UNOFFICIAL COPY 23 RS SB 80/EN
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after July 14, 2018. 1
(5) Any person who violates subsection (1) or (4) of this section shall be guilty of: 2
(a) A Class A misdemeanor for a first offense; and 3
(b) A Class D felony for the second and each subsequent offense. 4
(6) Any registrant residing within one thousand (1,000) feet of a high school, middle 5
school, elementary school, preschool, publicly owned playground, or licensed day 6
care facility on July 12, 2006, shall move and comply with this section within 7
ninety (90) days of July 12, 2006, and thereafter, shall be subject to the penalties set 8
forth under subsection (5) of this section. 9
(7) The prohibition against a registrant: 10
(a) Residing within one thousand (1,000) feet of a publicly leased playground as 11
outlined in subsection (1) of this section; or 12
(b) Being on the grounds of a publicly leased playground as outlined in 13
subsection (2) of this section; 14
shall not operate retroactively. 15
(8) The prohibition against a registrant loitering or working in or operating any 16
mobile business within one thousand (1,000) feet of a high school, middle school, 17
elementary school, preschool, publicly owned or leased playground, licensed day 18
care facility, publicly owned or leased swimming pool, or splash pad as defined in 19
KRS 211.205 shall not operate retroactively. 20
(9) This section shall not apply to a youthful offender probated or paroled during his or 21
her minority or while enrolled in an elementary or secondary education program. 22
Section 2. KRS 17.510 is amended to read as follows: 23
(1) The cabinet shall develop and implement a registration system for registrants which 24
includes creating a new computerized information file to be accessed through the 25
Law Information Network of Kentucky. 26
(2) A registrant shall, on or before the date of his or her release by the court, the parole 27 UNOFFICIAL COPY 23 RS SB 80/EN
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board, the cabinet, or any detention facility, register with the appropriate local 1
probation and parole office in the county in which he or she intends to reside. The 2
person in charge of the release shall facilitate the registration process. 3
(3) Any person required to register pursuant to subsection (2) of this section shall be 4
informed of the duty to register by the court at the time of sentencing if the court 5
grants probation or conditional discharge or does not impose a penalty of 6
incarceration, or if incarcerated, by the official in charge of the place of 7
confinement upon release. The court and the official shall require the person to read 8
and sign any form that may be required by the cabinet, stating that the duty of the 9
person to register has been explained to the person. The court and the official in 10
charge of the place of confinement shall require the releasee to complete the 11
acknowledgment form and the court or the official shall retain the original 12
completed form. The official shall then send the form to the Sex Offender Registry 13
Section[Information Services Center], Department of Kentucky State Police, 14
Frankfort, Kentucky 40601. 15
(4) The court or the official shall order the person to register with the appropriate local 16
probation and parole office which shall obtain the person's fingerprints, palm prints, 17
DNA sample, photograph, and a copy of his or her motor vehicle operator's license 18
as well as any other government-issued identification cards, if any. Thereafter, the 19
registrant shall return to the appropriate local probation and parole office not less 20
than one (1) time every two (2) years in order for a new photograph to be obtained, 21
and the registrant shall pay the cost of updating the photo for registration purposes. 22
Any registrant who has not provided palm prints, a copy of his or her motor vehicle 23
operator's license, or a copy of any other government-issued identification cards, if 24
any, as of July 14, 2018, shall provide the information to the appropriate local 25
probation and parole office when the registrant appears for a new photograph to be 26
obtained. Any change to a registrant's motor vehicle operator's license number or 27 UNOFFICIAL COPY 23 RS SB 80/EN
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any other government-issued identification card after the registrant appears for a 1
new photograph shall be registered in accordance with subsection (11)[(10)] of this 2
section. Failure to comply with this requirement shall be punished as set forth in 3
subsection (12)[(11)] of this section. 4
(5) (a) The appropriate probation and parole office shall send the registration form 5
containing the registrant information, fingerprints, palm prints, photograph, 6
and a copy of his or her motor vehicle operator's license as well as any other 7
government-issued identification cards, if any, and any special conditions 8
imposed by the court or the Parole Board, to the Sex Offender Registry 9
Section[Information Services Center], Department of Kentucky State Police, 10
Frankfort, Kentucky 40601. The appropriate probation and parole office shall 11
send the DNA sample to the Department of Kentucky State Police forensic 12
laboratory in accordance with administrative regulations promulgated by the 13
cabinet. 14
(b) The Sex Offender Registry Section[Information Services Center], upon 15
request by a state or local law enforcement agency, shall make available to 16
that agency registrant information, including a person's fingerprints and 17
photograph, where available, as well as any special conditions imposed by the 18
court or the Parole Board. 19
(c) Any employee of the Justice and Public Safety Cabinet who disseminates, or 20
does not disseminate, registrant information in good-faith compliance with the 21
requirements of this subsection shall be immune from criminal and civil 22
liability for the dissemination or lack thereof. 23
(6) (a) Except as provided in paragraph (b) of this subsection, any person who has 24
been convicted in a court of any state or territory, a court of the United States, 25
or a similar conviction from a court of competent jurisdiction in any other 26
country, or a court martial of the United States Armed Forces of a sex crime 27 UNOFFICIAL COPY 23 RS SB 80/EN
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or criminal offense against a victim who is a minor and who has been notified 1
of the duty to register by that state, territory, or court, or who has been 2
committed as a sexually violent predator under the laws of another state, laws 3
of a territory, or federal laws, or has a similar conviction from a court of 4
competent jurisdiction in any other country, shall comply with the registration 5
requirement of this section, including the requirements of subsection (4) of 6
this section, and shall register with the appropriate local probation and parole 7
office in the county of residence within five (5) working days of relocation. 8
No additional notice of the duty to register shall be required of any official 9
charged with a duty of enforcing the laws of this Commonwealth. 10
(b) No person shall be required to register under this subsection for a juvenile 11
adjudication if such an adjudication in this Commonwealth would not create a 12
duty to register. This paragraph shall be retroactive. 13
(7) (a) Except as provided in paragraph (b) of this subsection, if a person is required 14
to register under federal law or the laws of another state or territory, or if the 15
person has been convicted of an offense in a court of the United States, in a 16
court martial of the United States Armed Forces, or under the laws of another 17
state or territory that would require registration if committed in this 18
Commonwealth, that person upon changing residence from the other state or 19
territory of the United States to the Commonwealth or upon entering the 20
Commonwealth for employment, to carry on a vocation, or as a student shall 21
comply with the registration requirement of this section, including the 22
requirements of subsection (4) of this section, and shall register within five (5) 23
working days with the appropriate local probation and parole office in the 24
county of residence, employment, vocation, or schooling. A person required 25
to register under federal law or the laws of another state or territory shall be 26
presumed to know of the duty to register in the Commonwealth. As used in 27 UNOFFICIAL COPY 23 RS SB 80/EN
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this subsection, "employment" or "carry on a vocation" includes employment 1
that is full-time or part-time for a period exceeding fourteen (14) days or for 2
an aggregate period of time exceeding thirty (30) days during any calendar 3
year, whether financially compensated, volunteered, or for the purpose of 4
government or educational benefit. As used in this subsection, "student" 5
means a person who is enrolled on a full-time or part-time basis, in any public 6
or private educational institution, including any secondary school, trade or 7
professional institution, or institution of higher education. 8
(b) No person shall be required to register under this subsection for a juvenile 9
adjudication if such an adjudication in this Commonwealth would not create a 10
duty to register. This paragraph shall be retroactive. 11
(8) The registration form shall be a written statement signed by the person which shall 12
include registrant information, including an up-to-date photograph of the registrant 13
for public dissemination. 14
(9) For purposes of KRS 17.500 to 17.580 and 17.991, a post office box number shall 15
not be considered an address. 16
(10) (a) If a registrant does not have an established and fixed residence of regular 17
return, he or she shall report in person no less than every thirty (30) days to 18
the local probation and parole office in the county in which he or she is 19
present and register the approximate area where he or she can be located. 20
(b) If the registrant changes his or her location to a new county, the person 21
shall notify his or her current local probation and parole office of the new 22
location on or before the date of the change of location. 23
(c) The registrant shall also report in person to the appropriate local probation 24
and parole office in the county of his or her new location no later than five 25
(5) working days after the date of the change of location. 26
(11) (a) If the residence address of any registrant changes, but the registrant remains in 27 UNOFFICIAL COPY 23 RS SB 80/EN
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the same county, the person shall register, on or before the date of the change 1
of address, with the appropriate local probation and parole office in the county 2
in which he or she resides. 3
(b) 1. If the registrant changes his or her residence to a new county, the person 4
shall notify his or her current local probation and parole office of the 5
new residence address on or before the date of the change of address. 6
2. The registrant shall also register with the appropriate local probation and 7
parole office in the county of his or her new residence no later than five 8
(5) working days after the date of the change of address. 9
(c) If the: 10
1. Motor vehicle operator's license number or any other government-issued 11
identification card number of any registrant changes; or 12
2. Registrant obtains for the first time a motor vehicle operator's license 13
number or any other government-issued identification card number; 14
the registrant shall register the change or addition no later than five (5) 15
working days after the date of the change or the date of the addition, with the 16
appropriate local probation and parole office in the county in which he or she 17
resides. 18
(d) 1. As soon as a probation and parole office learns of the person's new 19
address under paragraph (b)1. of this subsection, that probation and 20
parole office shall notify the appropriate local probation and parole 21
office in the county of the new address of the effective date of the new 22
address. 23
2. As soon as a probation and parole office learns of the person's new 24
address under paragraph (b)2. of this subsection, that office shall 25
forward this information as set forth under subsection (5) of this section. 26
(e) 1. A registrant shall register the following information with the appropriate 27 UNOFFICIAL COPY 23 RS SB 80/EN
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local probation and parole office no less than twenty-one (21) days 1
before traveling outside of the United States: 2
a. His or her passport number and country of issue; 3
b. The dates of departure, travel, and return; and 4
c. The foreign countries, colonies, territories, or possessions that the 5
registrant will visit. 6
2. The registrant shall register the following information with the 7
appropriate local probation and parole office no later than five (5) 8
working days after the date of his or her return from traveling outside of 9
the United States: 10
a. The date he or she departed, traveled, and returned; and 11
b. The foreign countries, colonies, territories, or possessions that the 12
registrant visited. 13
(12)[(11)] Any person required to register under this section who knowingly violates any 14
of the provisions of this section or prior law is guilty of a Class D felony for the 15
first offense and a Class C felony for each subsequent offense. 16
(13)[(12)] Any person required to register under this section or prior law who knowingly 17
provides false, misleading, or incomplete information is guilty of a Class D felony 18
for the first offense and a Class C felony for each subsequent offense. 19
(14)[(13)] (a) The cabinet shall verify the addresses, names, motor vehicle operator's 20
license numbers, and government-issued identification card numbers of 21
individuals required to register under this section. Verification shall occur at 22
least once every ninety (90) days for a person required to register under KRS 23
17.520(2),[ and] at least once every calendar year for a person required to 24
register under KRS 17.520(3), and at least once every thirty (30) days for a 25
person who does not have an established and fixed residence of regular 26
return. 27 UNOFFICIAL COPY 23 RS SB 80/EN
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(b) If the cabinet determines that a person has: 1
1. Moved without providing his or her new address;[ or ] 2
2. Failed to notify the local probation and parole office of his or her 3
presence in a new county without an established and fixed residence 4
of regular return; or 5
3. A new name, motor vehicle operator's license number, or government-6
issued identification card number that he or she has not provided; 7
to the appropriate local probation and parole office or offices as required 8
under subsection (11)[(10)](a), (b), and (c) of this section, the cabinet shall 9
notify the appropriate local probation and parole office of the new address, 10
name, motor vehicle operator's license number, or government-issued 11
identification card number used by the person. The office shall then forward 12
this information as set forth under subsection (5) of this section. The cabinet 13
shall also notify the appropriate court, Parole Board, and appropriate 14
Commonwealth's attorney, sheriff's office, probation and parole office, 15
corrections agency, and law enforcement agency responsible for the 16
investigation of the report of noncompliance. 17
(c) An agency that receives notice of the noncompliance from the cabinet under 18
paragraph (a) of this subsection: 19
1. Shall consider revocation of the parole, probation, postincarceration 20
supervision, or conditional discharge of any person released under its 21
authority; and 22
2. Shall notify the appropriate county or Commonwealth's Attorney for 23
prosecution. 24
(15) The provisions of subsections (10) and (14) of this section relating to registrants 25
who do not have an established and fixed residence of regular return shall apply 26
to any person required to register on or after the effective date of this section. 27 UNOFFICIAL COPY 23 RS SB 80/EN
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Section 3. KRS 403.720 is amended to read as follows: 1
As used in KRS 403.715 to 403.785: 2
(1) "Domestic animal" means a dog, cat, or other animal that is domesticated and kept 3
as a household pet, but does not include animals normally raised for agricultural or 4
commercial purposes; 5
(2) "Domestic violence and abuse" means: 6
(a) Physical injury, serious physical injury, stalking, sexual abuse, strangulation, 7
assault, or the infliction of fear of imminent physical injury, serious physical 8
injury, sexual abuse, strangulation, or assault between family members or 9
members of an unmarried couple; or 10
(b) Any conduct prohibited by KRS 525.125, 525.130, 525.135, or 525.137, or 11
the infliction of fear of such imminent conduct, taken against a domestic 12
animal when used as a method of coercion, control, punishment, intimidation, 13
or revenge directed against a family member or member of an unmarried 14
couple who has a close bond of affection to the domestic animal; 15
(3) "Family member" means a spouse, including a former spouse, a grandparent, a 16
grandchild, a parent, an adult sibling, a child, a stepchild, or any other person 17
living in the same household as a child if the child is the alleged victim; 18
(4) "Foreign protective order" means any judgment, decree, or order of protection 19
which is entitled to full faith and credit pursuant to 18 U.S.C. sec. 2265 that was 20
issued on the basis of domestic violence and abuse; 21
(5) "Global positioning monitoring system" means a system that electronically 22
determines a person's location through a device worn by the person which does not 23
invade his or her bodily integrity and which transmits the person's latitude and 24
longitude data to a monitoring entity; 25
(6) "Member of an unmarried couple" means each member of an unmarried couple 26
which allegedly has a child in common, any children of that couple, or a member of 27 UNOFFICIAL COPY 23 RS SB 80/EN
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an unmarried couple who are living together or have formerly lived together; 1
(7) "Order of protection" means an emergency protective order or a domestic violence 2
order and includes a foreign protective order; 3
(8) "Strangulation" refers to conduct prohibited by KRS 508.170 and 508.175, or a 4
criminal attempt, conspiracy, facilitation, or solicitation to commit the crime of 5
strangulation; and 6
(9) "Substantial violation" means criminal conduct which involves actual or threatened 7
harm to the person, family, or property, including a domestic animal, of an 8
individual protected by an order of protection. 9
Section 4. KRS 508.025 is amended to read as follows: 10
(1) A person is guilty of assault in the third degree when the actor: 11
(a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally 12
causes or attempts to cause physical injury to: 13
1. A state, county, city, or federal peace officer; 14
2. An employee of a detention facility, or state residential treatment facility 15
or state staff secure facility for residential treatment which provides for 16
the care, treatment, or detention of a juvenile charged with or 17
adjudicated delinquent because of a public offense or as a youthful 18
offender; 19
3. A healthcare provider as defined in KRS 311.821, if the event occurs 20
while the healthcare provider is providing medical care in an 21
emergency room of a hospital; 22
4. An employee of the Department for Community Based Services 23
employed as a social worker to provide direct client services, if the 24
event occurs while the worker is performing job-related duties; 25
5.[4.] Paid or volunteer emergency medical services personnel certified or 26
licensed pursuant to KRS Chapter 311A, if the event occurs while 27 UNOFFICIAL COPY 23 RS SB 80/EN
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personnel are performing job-related duties; 1
6.[5.] A paid or volunteer member of an organized fire department, if the 2
event occurs while the member is performing job-related duties; 3
7.[6.] Paid or volunteer rescue squad personnel affiliated with the Division of 4
Emergency Management of the Department of Military Affairs or a 5
local disaster and emergency services organization pursuant to KRS 6
Chapter 39F, if the event occurs while personnel are performing job-7
related duties; 8
8.[7.] A probation and parole officer; 9
9.[8.] A transportation officer appointed by a county fiscal court or legislative 10
body of a consolidated local government, urban-county government, or 11
charter government to transport inmates when the county jail or county 12
correctional facility is closed while the transportation officer is 13
performing job-related duties; 14
10.[9.] A public or private elementary or secondary school or school 15
district classified or certified employee, school bus driver, or other 16
school employee acting in the course and scope of the employee's 17
employment; or 18
11.[10.] A public or private elementary or secondary school or school 19
district volunteer acting in the course and scope of that person's 20
volunteer service for the school or school district; 21
(b) Being a person confined in a detention facility, or a juvenile in a state 22
residential treatment facility or state staff secure facility for residential 23
treatment which provides for the care, treatment, or detention of a juvenile 24
charged with or adjudicated delinquent because of a public offense or as a 25
youthful offender, inflicts physical injury upon or throws or causes feces, or 26
urine, or other bodily fluid to be thrown upon an employee of the facility; or 27 UNOFFICIAL COPY 23 RS SB 80/EN
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(c) Intentionally causes a person, whom the actor knows or reasonably should 1
know to be a peace officer discharging official duties, to come into contact 2
with saliva, vomit, mucus, blood, seminal fluid, urine, or feces without the 3
consent of the peace officer. 4
(2) (a) For a violation of subsection (1)(a) of this section, assault in the third degree 5
is a Class D felony, unless the offense occurs during a declared emergency as 6
defined by KRS 39A.020 arising from a natural or man-made disaster, within 7
the area covered by the emergency declaration, and within the area impacted 8
by the disaster, in which case it is a Class C felony. 9
(b) For a violation of subsection (1)(b) of this section, assault in the third degree 10
is a Class D felony. 11
(c) For violations of subsection (1)(c) of this section, assault in the third degree is 12
a Class B misdemeanor, unless the assault is with saliva, vomit, mucus, blood, 13
seminal fluid, urine, or feces from an adult who knows that he or she has a 14
serious communicable disease and competent medical or epidemiological 15
evidence demonstrates that the specific type of contact caused by the actor is 16
likely to cause transmission of the disease or condition, in which case it is a 17
Class A misdemeanor. 18
(d) As used in paragraph (c) of this subsection, "serious communicable disease" 19
means a non-airborne disease that is transmitted from person to person and 20
determined to have significant, long-term consequences on the physical health 21
or life activities of the person infected. 22
Section 5. KRS 532.100 is amended to read as follows: 23
(1) As used in this section, "jail" means a "jail" or "regional jail" as defined in KRS 24
441.005. 25
(2) When an indeterminate term of imprisonment is imposed, the court shall commit 26
the defendant to the custody of the Department of Corrections for the term of his or 27 UNOFFICIAL COPY 23 RS SB 80/EN
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her sentence and until released in accordance with the law. 1
(3) When a definite term of imprisonment is imposed, the court shall commit the 2
defendant to a jail for the term of his or her sentence and until released in 3
accordance with the law. 4
(4) When a sentence of death is imposed, the court shall commit the defendant to the 5
custody of the Department of Corrections with directions that the sentence be 6
carried out according to law. 7
(5) (a) The provisions of KRS 500.080(5) notwithstanding, if a Class D felon is 8
sentenced to an indeterminate term of imprisonment of five (5) years or less, 9
he or she shall serve that term in a jail in a county in which the fiscal court has 10
agreed to house state prisoners; except that, when an indeterminate sentence 11
of two (2) years or more is imposed on a Class D felon convicted of a sexual 12
offense enumerated in KRS 197.410(1), or a crime under KRS 17.510[(11) or 13
](12) or (13), the sentence shall be served in a state institution. Counties 14
choosing not to comply with the provisions of this paragraph shall be granted 15
a waiver by the commissioner of the Department of Corrections. 16
(b) The provisions of KRS 500.080(5) notwithstanding, a Class D felon who 17
received a sentence of more than five (5) years for nonviolent, nonsexual 18
offenses, but who currently has less than five (5) years remaining to be 19
served, may serve the remainder of his or her term in a jail in a county in 20
which the fiscal court has agreed to house state prisoners. 21
(c) 1. The provisions of KRS 500.080(5) notwithstanding, and except as 22
provided in subparagraph 2. of this paragraph, a Class C or D felon with 23
a sentence of more than five (5) years who is classified by the 24
Department of Corrections as community custody shall serve that term 25
in a jail in a county in which the fiscal court has agreed to house state 26
prisoners if: 27 UNOFFICIAL COPY 23 RS SB 80/EN
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a. Beds are available in the jail; 1
b. State facilities are at capacity; and 2
c. Halfway house beds are being utilized at the contract level as of 3
July 15, 2000. 4
2. When an indeterminate sentence of two (2) years or more is imposed on 5
a felon convicted of a sex crime, as defined in KRS 17.500, or any 6
similar offense in another jurisdiction, the sentence shall be served in a 7
state institution. 8
3. Counties choosing not to comply with the provisions of this paragraph 9
shall be granted a waiver by the commissioner of the Department of 10
Corrections. 11
(d) Any jail that houses state inmates under this subsection shall offer programs 12
as recommended by the Jail Standards Commission. The Department of 13
Corrections shall adopt the recommendations of the Jail Standards 14
Commission and promulgate administrative regulations establishing required 15
programs for a jail that houses state inmates under this subsection. The 16
Department of Corrections shall approve programming offered by jails to state 17
inmates for sentencing credits in accordance with KRS 197.045. 18
(e) Before housing any female state inmate, a jail shall be certified pursuant to 19
KRS 197.020. 20
(f) 1. a. If a jail is at or over one hundred fifty percent (150%) capacity, the 21
Department of Corrections may direct the jail to transfer a 22
specified number of state prisoners to vacant beds at other 23
designated jails or state institutions. As used in this paragraph, 24
"capacity" means the capacity listed on the certificate of 25
occupancy issued each year to the jail by the Department of 26
Corrections. 27 UNOFFICIAL COPY 23 RS SB 80/EN
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b. The Department of Corrections shall choose which state prisoners 1
are eligible for transfer based on the security level of the vacant 2
bed at the receiving jail or state institution. 3
c. State prisoners who are approved for transfer to a Department of 4
Corrections facility for necessary medical treatment and care 5
pursuant to KRS 441.560 shall not be transferred to another jail. 6
d. State prisoners enrolled in a Department of Corrections approved 7
program pursuant to KRS 197.045 shall not be transferred. 8
e. State prisoners awaiting trial in the county they are being housed 9
shall not be transferred. 10
f. Jails that receive state prisoners pursuant to this subparagraph shall 11
be responsible for the transportation of those prisoners to the jail. 12
2. If the Department of Corrections directs the transfer of a state prisoner 13
pursuant to subparagraph 1. of this paragraph, the jailer has fourteen 14
(14) days to transfer the state prisoner. If the jailer refuses to release 15
custody of the state prisoner to the receiving jail within fourteen (14) 16
days, the department shall reduce the per diem for the jail for an amount 17
equal to the per diem of that prisoner for each day the jailer refuses to 18
comply with the direction. 19
3. If the Department of Corrections directs the transfer of a state prisoner 20
pursuant to subparagraph 1. of this paragraph, the jailer of the receiving 21
jail shall accept the transfer and transport the state prisoner in 22
accordance with subparagraph 1.f. of this paragraph. If, after receiving a 23
copy of the direction, the jailer refuses to accept and transport the state 24
prisoner, the Department of Corrections shall reduce the per diem for the 25
receiving jail for an amount equal to the per diem of that prisoner for 26
each day the jailer refuses to comply with the direction. 27 UNOFFICIAL COPY 23 RS SB 80/EN
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4. If a jail has a vacant bed and has a Class C or Class D felon who, based 1
on the Department of Corrections classification system, is eligible to be 2
housed in that vacant bed, the department may direct the jail to transfer 3
the state prisoner to that bed. If the jailer refuses to transfer the state 4
prisoner to the vacant bed, the Department of Corrections shall reduce 5
the per diem for the jail for an amount equal to the per diem of that 6
prisoner for each day the jailer refuses to comply with the direction. 7
5. The per diem reduced pursuant to subparagraph 2., 3., or 4. of this 8
paragraph shall be enforced by withholding the amount from the per 9
diem paid to the jail pursuant to KRS 431.215(2). 10
6. If a jail that is at or over one hundred fifty percent (150%) capacity 11
requests the transfer of a specified number of state prisoners, the 12
Department of Corrections may, if vacant beds are available at other 13
jails, direct the transfer in accordance with subparagraph 1. of this 14
paragraph. 15
(g) If a jail has vacant beds in an area of the jail usually reserved for state 16
prisoners, the jail may house county prisoners in that area. 17
(6) The jailer of a county in which a Class D felon or a Class C felon is 18
incarcerated may request the commissioner of the Department of Corrections 19
to incarcerate the felon in a state corrections institution if the jailer has 20
reasons to believe that the felon is an escape risk, a danger to himself or 21
herself or other inmates, an extreme security risk, or needs protective custody 22
beyond that which can be provided in a jail. The commissioner of the 23
Department of Corrections shall evaluate the request and transfer the inmate if 24
he or she deems it necessary. If the commissioner refuses to accept the felon 25
inmate, and the Circuit Judge of the county that has jurisdiction of the offense 26
charged is of the opinion that the felon cannot be safely kept in a jail, the 27 UNOFFICIAL COPY 23 RS SB 80/EN
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Circuit Judge, with the consent of the Governor, may order the felon 1
transferred to the custody of the Department of Corrections. 2
(7) (a) Class D felons and Class C felons serving their time in a jail shall be 3
considered state prisoners, and, except as provided in subsection (5)(f) of this 4
section, the Department of Corrections shall pay the jail in which the prisoner 5
is incarcerated a per diem amount determined according to KRS 431.215(2). 6
For other state prisoners and parole violator prisoners, the per diem payments 7
shall also begin on the date prescribed in KRS 431.215(2), except as provided 8
in subsection (5)(f) of this section. 9
(b) 1. The per diem amount paid to the jail shall be increased by two dollars 10
($2) per day of program attendance for those inmates enrolled in and 11
attending evidence-based programs approved by the department and that 12
do not require instructors to have completed any postsecondary 13
education. 14
2. The per diem amount paid to the jail shall be increased by ten dollars 15
($10) per day of program attendance for those inmates enrolled in and 16
attending evidence-based programs approved by the department and that 17
require instructors to have completed particular postsecondary courses. 18
(c) Any amount beyond the base per diem paid under paragraph (a) of this 19
subsection that is paid under a contract to the jail for an inmate's attendance at 20
an evidence-based program shall be credited toward the ten dollars ($10) 21
increase in per diem required under paragraph (b) of this subsection. 22
(8) State prisoners, excluding the Class D felons and Class C felons qualifying to 23
serve time in jails, shall be transferred to the state institution within forty-five 24
(45) days of final sentencing. 25
(9) (a) Class D felons eligible for placement in a jail may be permitted by the warden 26
or jailer to participate in any approved community work program or other 27 UNOFFICIAL COPY 23 RS SB 80/EN
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form of work release with the approval of the commissioner of the 1
Department of Corrections. 2
(b) The authority to release an inmate to work under this subsection may be 3
exercised at any time during the inmate's sentence, including the period when 4
the court has concurrent authority to permit work release pursuant to KRS 5
439.265. 6
(c) The warden or jailer may require an inmate participating in the program to 7
pay a fee to reimburse the warden or jailer for the cost of operating the 8
community work program or any other work release program. The fee shall 9
not exceed the lesser of fifty-five dollars ($55) per week or twenty percent 10
(20%) of the prisoner's weekly net pay earned from the community work 11
program or work release participation. In addition, the inmate may be required 12
to pay for any drug testing performed on the inmate as a requirement of the 13
community work program or work release participation. 14
(d) This subsection shall not apply to an inmate who: 15
1. Is not eligible for work release pursuant to KRS 197.140; 16
2. Has a maximum or close security classification as defined by 17
administrative regulations promulgated by the Department of 18
Corrections; 19
3. Is subject to the provisions of KRS 532.043; or 20
4. Is in a reentry center as defined in KRS 441.005. 21
Section 6. Section 2 of this Act takes effect January 1, 2024. 22