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AN ACT relating to crimes and punishments. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 17.500 is amended to read as follows: 3
As used in KRS 17.500 to 17.580: 4
(1) "Approved provider" means a mental health professional licensed or certified in 5
Kentucky whose scope of practice includes providing mental health treatment 6
services and who is approved by the Sex Offender Risk Assessment Advisory 7
Board, under administrative regulations promulgated by the board, to provide 8
comprehensive sex offender presentence evaluations or treatment to adults and 9
youthful offenders, as defined in KRS 600.020; 10
(2) "Cabinet" means the Justice and Public Safety Cabinet; 11
(3) (a) Except as provided in paragraph (b) of this subsection, "criminal offense 12
against a victim who is a minor" means any of the following offenses if the 13
victim is under the age of eighteen (18) at the time of the commission of the 14
offense: 15
1. Kidnapping, as set forth in KRS 509.040, except by a parent; 16
2. Unlawful imprisonment, as set forth in KRS 509.020, except by a 17
parent; 18
3. Sex crime; 19
4. Promoting a sexual performance of a minor, as set forth in KRS 20
531.320; 21
5. Human trafficking involving commercial sexual activity, as set forth in 22
KRS 529.100; 23
6. Promoting human trafficking involving commercial sexual activity, as 24
set forth in KRS 529.110; 25
7. Promoting prostitution, as set forth in KRS 529.040, when the defendant 26
advances or profits from the prostitution of a person under the age of 27 UNOFFICIAL COPY 24 RS BR 416
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eighteen (18); 1
8. Use of a minor in a sexual performance, as set forth in KRS 531.310; 2
9. Sexual abuse, as set forth in KRS 510.120 and 510.130; 3
10. Unlawful transaction with a minor in the first degree, as set forth in KRS 4
530.064(1)(a); 5
11. Any offense involving a minor or depictions of a minor, as set forth in 6
KRS Chapter 531; 7
12. Any attempt to commit any of the offenses described in subparagraphs 8
1. to 11. of this paragraph; 9
13. Solicitation to commit any of the offenses described in subparagraphs 1. 10
to 11. of this paragraph; or 11
14. Any offense from another state or territory, any federal offense, or any 12
offense subject to a court martial of the United States Armed Forces, 13
which is similar to any of the offenses described in subparagraphs 1. to 14
13. of this paragraph. 15
(b) Conduct which is criminal only because of the age of the victim shall not be 16
considered a criminal offense against a victim who is a minor if the 17
perpetrator was under the age of eighteen (18) at the time of the commission 18
of the offense; 19
(4) "Law enforcement agency" means any lawfully organized investigative agency, 20
sheriff's office, police unit, or police force of federal, state, county, urban-county 21
government, charter county, city, consolidated local government, or a combination 22
of these, responsible for the detection of crime and the enforcement of the general 23
criminal federal or state laws; 24
(5) "Registrant" means: 25
(a) Any person eighteen (18) years of age or older at the time of the offense or 26
any youthful offender, as defined in KRS 600.020, who has committed: 27 UNOFFICIAL COPY 24 RS BR 416
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1. A sex crime; or 1
2. A criminal offense against a victim who is a minor; or 2
(b) Any person required to register under KRS 17.510; or 3
(c) Any sexually violent predator; or 4
(d) Any person whose sexual offense has been diverted pursuant to KRS 533.250, 5
until the diversionary period is successfully completed; 6
(6) "Registrant information" means the name, including any lawful name change 7
together with the previous name, Social Security number, age, race, sex, date of 8
birth, height, weight, hair and eye color, fingerprints, palm prints, DNA sample, a 9
photograph, aliases used, residence, motor vehicle operator's license number as well 10
as any other government-issued identification card numbers, if any, a brief 11
description of the crime or crimes committed, and other information the cabinet 12
determines, by administrative regulation, may be useful in the identification of 13
registrants; 14
(7) "Residence" means any place where a person sleeps. For the purposes of this 15
statute, a registrant may have more than one (1) residence. A registrant is required 16
to register each residence address; 17
(8) "Sex crime" means: 18
(a) A felony offense defined in KRS Chapter 510, KRS 529.100 or 529.110 19
involving commercial sexual activity, 530.020, 530.064(1)(a), 531.310, 20
531.320, [or ]531.335, or 531.340; 21
(b) A felony attempt to commit a felony offense specified in paragraph (a) of this 22
subsection; or 23
(c) A federal felony offense, a felony offense subject to a court-martial of the 24
United States Armed Forces, or a felony offense from another state or a 25
territory where the felony offense is similar to a felony offense specified in 26
paragraph (a) of this subsection; 27 UNOFFICIAL COPY 24 RS BR 416
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(9) "Sexual offender" means any person convicted of, pleading guilty to, or entering an 1
Alford plea to a sex crime as defined in this section, as of the date the verdict is 2
entered by the court; 3
(10) "Sexually violent predator" means any person who has been subjected to 4
involuntary civil commitment as a sexually violent predator, or a similar 5
designation, under a state, territory, or federal statutory scheme; 6
(11) "The board" means the Sex Offender Risk Assessment Advisory Board created 7
under KRS 17.554; 8
(12) "Victim" has the same meaning as in KRS 421.500; 9
(13) "DNA sample" or "deoxyribonucleic acid sample" means a blood or swab specimen 10
from a person, as prescribed by administrative regulation, that is required to provide 11
a DNA sample pursuant to KRS 17.170 or 17.510, that shall be submitted to the 12
Department of Kentucky State Police forensic laboratory for law enforcement 13
identification purposes and inclusion in law enforcement identification databases; 14
and 15
(14) "Authorized personnel" means an agent of state government who is properly trained 16
in DNA sample collection pursuant to administrative regulation. 17
Section 2. KRS 439.3401 is amended to read as follows: 18
(1) As used in this section, "violent offender" means any person who has been 19
convicted of or pled guilty to the commission of: 20
(a) A capital offense; 21
(b) A Class A felony; 22
(c) A Class B felony involving the death of the victim or serious physical injury 23
to a victim; 24
(d) An offense described in KRS 507.040 or 507.050 where the offense involves 25
the killing of a peace officer, firefighter, or emergency medical services 26
personnel while the peace officer, firefighter, or emergency medical services 27 UNOFFICIAL COPY 24 RS BR 416
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personnel was acting in the line of duty; 1
(e) A Class B felony involving criminal attempt to commit murder under KRS 2
506.010 if the victim of the offense is a clearly identifiable peace officer, 3
firefighter, or emergency medical services personnel acting in the line of duty, 4
regardless of whether an injury results; 5
(f) The commission or attempted commission of a felony sexual offense 6
described in KRS Chapter 510; 7
(g) Use of a minor in a sexual performance as described in KRS 531.310; 8
(h) Promoting a sexual performance by a minor as described in KRS 531.320; 9
(i) Unlawful transaction with a minor in the first degree as described in KRS 10
530.064(1)(a); 11
(j) Human trafficking under KRS 529.100 involving commercial sexual activity 12
where the victim is a minor; 13
(k) Criminal abuse in the first degree as described in KRS 508.100; 14
(l) Burglary in the first degree accompanied by the commission or attempted 15
commission of an assault described in KRS 508.010, 508.020, 508.032, or 16
508.060; 17
(m) Burglary in the first degree accompanied by commission or attempted 18
commission of kidnapping as prohibited by KRS 509.040; 19
(n) Robbery in the first degree;[ or] 20
(o) Incest as described in KRS 530.020(2)(b) or (c); 21
(p) Possession or viewing of matter portraying a sexual performance by a 22
minor as described in KRS 531.335; or 23
(q) Distribution of matter portraying a sexual performance by a minor as 24
described in KRS 531.340. 25
The court shall designate in its judgment if the victim suffered death or serious 26
physical injury. 27 UNOFFICIAL COPY 24 RS BR 416
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(2) A violent offender who has been convicted of a capital offense and who has 1
received a life sentence (and has not been sentenced to twenty-five (25) years 2
without parole or imprisonment for life without benefit of probation or parole), or a 3
Class A felony and receives a life sentence, or to death and his or her sentence is 4
commuted to a life sentence shall not be released on probation or parole until he or 5
she has served at least twenty (20) years in the penitentiary. Violent offenders may 6
have a greater minimum parole eligibility date than other offenders who receive 7
longer sentences, including a sentence of life imprisonment. 8
(3) (a) A violent offender who has been convicted of a capital offense or Class A 9
felony with a sentence of a term of years or Class B felony shall not be 10
released on probation or parole until he has served at least eighty-five percent 11
(85%) of the sentence imposed. 12
(b) A violent offender who has been convicted of a violation of KRS 507.040 13
where the victim of the offense was clearly identifiable as a peace officer, a 14
firefighter, or emergency medical services personnel, and the victim was 15
acting in the line of duty shall not be released on probation or parole until he 16
or she has served at least eighty-five percent (85%) of the sentence imposed. 17
(c) A violent offender who has been convicted of a violation of KRS 507.040 or 18
507.050 where the victim of the offense was a peace officer, a firefighter, or 19
emergency medical services personnel, and the victim was acting in the line 20
of duty shall not be released on probation or parole until he or she has served 21
at least fifty percent (50%) of the sentence imposed. 22
(d) Any offender who has been convicted of a homicide or fetal homicide offense 23
under KRS Chapter 507 or 507A in which the victim of the offense died as 24
the result of an overdose of a Schedule I controlled substance and who is not 25
otherwise subject to paragraph (a), (b), or (c) of this subsection shall not be 26
released on probation, shock probation, parole, conditional discharge, or other 27 UNOFFICIAL COPY 24 RS BR 416
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form of early release until he or she has served at least fifty percent (50%) of 1
the sentence imposed. 2
(4) A violent offender shall not be awarded any credit on his sentence authorized by 3
KRS 197.045(1)(b)1. In no event shall a violent offender be given credit on his or 4
her sentence if the credit reduces the term of imprisonment to less than eighty-five 5
percent (85%) of the sentence. 6
(5) This section shall not apply to a person who has been determined by a court to have 7
been a victim of domestic violence or abuse pursuant to KRS 533.060 with regard 8
to the offenses involving the death of the victim or serious physical injury to the 9
victim. The provisions of this subsection shall not extend to rape in the first degree 10
or sodomy in the first degree by the defendant. 11
(6) This section shall apply only to those persons who commit offenses after July 15, 12
1998. 13
(7) For offenses committed prior to July 15, 1998, the version of this statute in effect 14
immediately prior to that date shall continue to apply. 15
(8) The provisions of subsection (1) of this section extending the definition of "violent 16
offender" to persons convicted of or pleading guilty to robbery in the first degree 17
shall apply only to persons whose crime was committed after July 15, 2002. 18
Section 3. KRS 532.060 is amended to read as follows: 19
(1) A sentence of imprisonment for a felony shall be an indeterminate sentence, the 20
maximum of which shall be fixed within the limits provided by subsection (2) of 21
this section, and subject to modification by the trial judge pursuant to KRS 22
532.070. 23
(2) Unless otherwise provided by law, the authorized maximum terms of imprisonment 24
for felonies are: 25
(a) For a Class A felony, not less than twenty (20) years nor more than fifty (50) 26
years, or life imprisonment; 27 UNOFFICIAL COPY 24 RS BR 416
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(b) For a Class B felony, not less than ten (10) years nor more than twenty (20) 1
years; 2
(c) For a Class C felony, not less than five (5) years nor more than ten (10) years; 3
and 4
(d) For a Class D felony, not less than one (1) year nor more than five (5) years. 5
(3) For any felony specified in KRS Chapter 510 or[,] KRS 529.100, 529.110, 530.020, 6
530.064(1)(a), [or ]531.310, 531.320, 531.335, or 531.340, the sentence shall 7
include an additional five (5) year period of postincarceration supervision which 8
shall be added to the maximum sentence rendered for the offense. During this 9
period of postincarceration supervision, if a defendant violates the provisions of 10
postincarceration supervision, the defendant may be reincarcerated for: 11
(a) The remaining period of his initial sentence, if any is remaining; and 12
(b) The entire period of postincarceration supervision, or if the initial sentence 13
has been served, for the remaining period of postincarceration supervision. 14
(4) In addition to the penalties provided in this section, for any person subject to a 15
period of postincarceration supervision pursuant to KRS 532.400 his or her 16
sentence shall include an additional one (1) year period of postincarceration 17
supervision following release from incarceration upon expiration of sentence if the 18
offender is not otherwise subject to another form of postincarceration supervision. 19
During this period of postincarceration supervision, if an offender violates the 20
provisions of supervision, the offender may be reincarcerated for the remaining 21
period of his or her postincarceration supervision. 22
(5) The actual time of release within the maximum established by subsection (1) of this 23
section, or as modified pursuant to KRS 532.070, shall be determined under 24
procedures established elsewhere by law. 25
Section 4. KRS 532.200 is amended to read as follows: 26
As used in KRS 532.210 to 532.250, unless the context otherwise requires: 27 UNOFFICIAL COPY 24 RS BR 416
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(1) "Home" means the temporary or permanent residence of a defendant consisting of 1
the actual living area. If more than one (1) residence or family is located on a single 2
piece of property, "home" does not include the residence of any other person who is 3
not part of the social unit formed by the defendant's immediate family. A hospital, 4
nursing care facility, hospice, half-way house, group home, residential treatment 5
facility, or boarding house may serve as a "home" under this section; 6
(2) "Home incarceration" means the use of a monitoring device approved by the 7
commissioner of the Department of Corrections to facilitate a prisoner's ability to 8
maintain gainful employment or to participate in programs approved as a condition 9
of his or her incarceration, or both, using the person's home for purposes of 10
confinement; 11
(3) "Violent felony offense" means an offense that would classify a person as a violent 12
offender under Section 2 of this Act[defined in KRS 507.020 (murder), 507.030 13
(manslaughter in the first degree), 508.010 (assault in the first degree), 508.020 14
(assault in the second degree), 509.040 (kidnapping), 510.040 (rape in the first 15
degree), 510.070 (sodomy in the first degree), 510.110 (sexual abuse in the first 16
degree), 511.020 (burglary in the first degree), 513.020 (arson in the first degree), 17
513.030 (arson in the second degree), 513.040 (arson in the third degree), 515.020 18
(robbery in the first degree), 515.030 (robbery in the second degree), 520.020 19
(escape in the first degree), any criminal attempt to commit the offense (KRS 20
506.010), or conviction as a persistent felony offender (KRS 532.080) when the 21
offender has a felony conviction for any of the above-listed offenses within the five 22
(5) year period preceding the date of the latest conviction]; 23
(4) "Terminal illness" means a medically recognized disease for which the prognosis is 24
death within six (6) months to a reasonable degree of medical certainty; and 25
(5) "Approved monitoring device" means an electronic device or apparatus which is 26
capable of recording, tracking, or transmitting information as to the prisoner's 27 UNOFFICIAL COPY 24 RS BR 416
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location or verifying the prisoner's presence or non-presence in the home, or both. 1
The devices shall be minimally intrusive. Devices shall not be used without the 2
prisoner's knowledge to record or transmit: 3
(a) Visual images other than the defendant's face; 4
(b) Oral or wire communications or any auditory sound other than the defendant's 5
voice; or 6
(c) Information as to the prisoner's activities while inside the home. 7