Kentucky 2021 Regular Session Status: Enacted 7 R cosponsors

HB 310 — AN ACT relating to crimes and punishments and declaring an emergency.

Last action — signed by Governor (Acts Ch. 175)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 02, 2021. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    8 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (7 R).

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

591 added · 832 removed

591 line(s) added, 832 removed.

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UNOFFICIAL COPY 21 RS HB 310/EN AN ACT relating to crimes and punishments and declaring an emergency.
CHAPTER 175 1 CHAPTER 175 ( HB 310 ) AN ACT relating to crimes and punishments and declaring an emergency.
The board in its discretion may request the parole board of another state confining prisoners pursuant to KRS 196.610 to Page 1 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN interview eligible prisoners and make a parole recommendation to the board.
The board in its discretion may request the parole board of another state confining prisoners pursuant to KRS 196.610 to interview eligible prisoners and make a parole recommendation to the board.
however, nothing herein contained shall preclude the board from Page 2 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN utilizing its present regulations in conjunction with other factors involved that would relate to the inmate's needs and the safety of the public.
however, nothing herein contained shall preclude the board from utilizing its present regulations in conjunction with other factors involved that would relate to the inmate's needs and the safety of the public.
(5) In addition to or in conjunction with each hearing conducted under subsection (2) of this section for any prisoner convicted of a Class A, B, or C felony or a Class D felony included within the definition of "sex crime" in KRS 17.500 and prior to the granting of a parole to any such prisoner, the parole board shall conduct a hearing of which the following persons shall receive not less than forty-five (45) nor more than ninety (90) days' notice:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (5) In addition to or in conjunction with each hearing conducted under subsection (2) of this section for any prisoner convicted of a Class A, B, or C felony or a Class D felony included within the definition of "sex crime" in KRS 17.500 and prior to the granting of a parole to any such prisoner, the parole board shall conduct a hearing of which the following persons shall receive not less than forty-five (45) nor more than ninety (90) days' notice:
Notice to victims or their next of kin shall be made, for prisoners incarcerated prior to July 15, 1986, by mail, fax, or electronic means at the discretion of the board, and shall be in a manner that ensures receipt by the Commonwealth's attorney, who shall Page 3 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN forward the notice promptly to the victims or their next of kin at their last known address.
Notice to victims or their next of kin shall be made, for prisoners incarcerated prior to July 15, 1986, by mail, fax, or electronic means at the discretion of the board, and shall be in a manner that ensures receipt by the Commonwealth's attorney, who shall forward the notice promptly to the victims or their next of kin at their last known address.
In addition to officers listed Page 4 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN in subsection (5) of this section, the crime victims or the next of kin of any victim who is deceased or who is disabled and cannot attend the hearing or the parent or legal guardian of any victim who is a minor may attend the hearing provided for in subsection (5) of this section and present oral and written comments upon all issues relating to the parole of the prisoner, if they have advised the board, in writing received by the board not less than seven (7) days prior to the date set for the hearing, of their intention to attend the hearing.
In addition to officers listed in subsection (5) of this section, the crime victims or the next of kin of any victim who is deceased or who is disabled and cannot attend the hearing or the parent or legal guardian of any victim who is a minor may attend the hearing provided for in subsection (5) of this section and present oral and written comments upon all issues relating to the parole of the prisoner, if they have advised the board, in writing received by the board not less than seven (7) days prior to the date set for the hearing, of their intention to attend the hearing.
(10) The unintentional failure by the Parole Board, sheriff, chief of police, or any of its members, agents, or employees or by a Commonwealth's attorney or any of his or her agents or employees to comply with any of the provisions of subsections (5), (6), and (8) of this section shall not affect the validity of any parole decision or give Page 5 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN rise to any right or cause of action by the crime victim, the prisoner, or any other person.
(10) The unintentional failure by the Parole Board, sheriff, chief of police, or any of its members, agents, or employees or by a Commonwealth's attorney or any of his or her agents or employees to comply with any of the provisions of subsections (5), (6), and (8) of this section shall not affect the validity of any parole decision or give rise to any right or cause of action by the crime victim, the prisoner, or any other person.
(11) No eligible sexual offender within the meaning of KRS 197.400 to 197.440 shall be granted parole unless he or she has successfully completed the Sexual Offender Treatment Program.
CHAPTER 175 3 (11) No eligible sexual offender within the meaning of KRS 197.400 to 197.440 shall be granted parole unless he or she has successfully completed the Sexual Offender Treatment Program.
The entering of a judgment of conviction for any degree of rape, sodomy, or sexual abuse under this chapter, or for a criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of rape, sodomy, or sexual abuse, shall operate as an application for Page 6 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN an interpersonal protective order issued under KRS Chapter 456, unless the victim requests otherwise.
The entering of a judgment of conviction for any degree of rape, sodomy, or sexual abuse under this chapter, or for a criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of rape, sodomy, or sexual abuse, shall operate as an application for an interpersonal protective order issued under KRS Chapter 456, unless the victim requests otherwise.
(2) "Dating violence and abuse" means physical injury, serious physical injury, stalking, sexual assault, strangulation, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, strangulation, or assault occurring between Page 7 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN persons who are or have been in a dating relationship;
(2) "Dating violence and abuse" means physical injury, serious physical injury, stalking, sexual assault, strangulation, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, strangulation, or assault occurring between persons who are or have been in a dating relationship;
(4) "Global positioning monitoring system" means a system that electronically determines a person's location through a device worn by the person which does not invade his or her bodily integrity and which transmits the person's latitude and longitude data to a monitoring entity;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (4) "Global positioning monitoring system" means a system that electronically determines a person's location through a device worn by the person which does not invade his or her bodily integrity and which transmits the person's latitude and longitude data to a monitoring entity;
(1) "Domestic violence and abuse" means physical injury, serious physical injury, stalking, sexual abuse, strangulation, assault, or the infliction of fear of imminent Page 8 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN physical injury, serious physical injury, sexual abuse, strangulation, or assault between family members or members of an unmarried couple;
(1) "Domestic violence and abuse" means physical injury, serious physical injury, stalking, sexual abuse, strangulation, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, strangulation, or assault between family members or members of an unmarried couple;
(1) If the court finds the defendant incompetent to stand trial but there is a substantial probability the defendant[he] will attain competency in the foreseeable future, it shall commit the defendant to a treatment facility or a forensic psychiatric facility Page 9 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN and order the defendant[him] to submit to treatment for sixty (60) days or until the psychologist or psychiatrist treating him or her finds the defendant[him] competent to stand trial, whichever occurs first, except that if the defendant is charged with a felony, he or she shall be committed to a forensic psychiatric facility unless the secretary of the Cabinet for Health and Family Services or the secretary's designee determines that the defendant shall be treated in another Cabinet for Health and Family Services facility.
(1) If the court finds the defendant incompetent to stand trial but there is a substantial probability the defendant[he] will attain competency in the foreseeable future, it shall commit the defendant to a treatment facility or a forensic psychiatric facility and order the defendant[him] to submit to treatment for sixty (60) days or until the psychologist or psychiatrist treating him or her finds the defendant[him] competent to stand trial, whichever occurs first, except that if the defendant is charged with a felony, he or she shall be committed to a forensic psychiatric facility unless the secretary of the Cabinet for Health and Family Services or the secretary's designee determines that the defendant shall be treated in another Cabinet for Health and Family Services facility.
(a) The Commonwealth's attorney's office serving the county of criminal prosecution shall immediately petition the Circuit Court that found the defendant incompetent to stand trial or, if the finding was by a District Court, the Circuit Court in the county of criminal prosecution, to initiate an involuntary commitment proceeding under Sections 6 to 10 of this Act if the defendant is charged with a capital offense, a Class A felony, a Class B felony resulting in death or serious physical injury, or a violation of KRS 510.040 or 510.070;
(a) The Commonwealth's attorney's office serving the county of criminal prosecution shall immediately petition the Circuit Court that found the defendant incompetent to stand trial or, if the finding was by CHAPTER 175 5 a District Court, the Circuit Court in the county of criminal prosecution, to initiate an involuntary commitment proceeding under Sections 6 to 10 of this Act if the defendant is charged with a capital offense, a Class A felony, a Class B felony resulting in death or serious physical injury, or a violation of KRS 510.040 or 510.070;
(3) A defendant who is the subject of an involuntary commitment proceeding under Sections 6 to 10 of this Act shall be committed to a forensic psychiatric facility unless the secretary of the Cabinet for Health and Family Services or the secretary's designee determines that the defendant shall be treated in another Cabinet for Health and Family Services facility, during the pendency of the Page 10 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN proceeding.
(3) A defendant who is the subject of an involuntary commitment proceeding under Sections 6 to 10 of this Act shall be committed to a forensic psychiatric facility unless the secretary of the Cabinet for Health and Family Services or the secretary's designee determines that the defendant shall be treated in another Cabinet for Health and Family Services facility, during the pendency of the proceeding.
(a) A state mental hospital or institution or other licensed public or private hospital, institution, health-care facility, or part thereof, approved by the Kentucky Cabinet for Health and Family Services as equipped to provide full-time residential care and treatment for mentally ill persons or individuals with an intellectual disability;
(a) A state mental hospital or institution or other licensed public or private hospital, institution, health- care facility, or part thereof, approved by the Kentucky Cabinet for Health and Family Services as equipped to provide full-time residential care and treatment for mentally ill persons or individuals with an intellectual disability;
or (b) A hospital, institution, or health-care facility of the government of the Page 11 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN United States equipped to provide residential care and treatment for mentally ill persons or individuals with an intellectual disability;
or (b) A hospital, institution, or health-care facility of the government of the United States equipped to provide residential care and treatment for mentally ill persons or individuals with an intellectual disability;
(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States while engaged in the practice of official duties, who is certified or eligible to apply for certification by the American Board of Psychiatry and Neurology, Inc.;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) A psychiatrist licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States while engaged in the practice of official duties, who is certified or eligible to apply for certification by the American Board of Psychiatry and Neurology, Inc.;
(c) A psychologist with the health service provider designation, a psychological Page 12 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN practitioner, a certified psychologist, or a psychological associate, licensed under the provisions of KRS Chapter 319;
(c) A psychologist with the health service provider designation, a psychological practitioner, a certified psychologist, or a psychological associate, licensed under the provisions of KRS Chapter 319;
(f) A marriage and family therapist licensed under the provisions of KRS 335.300 to 335.399 with three (3) years of inpatient or outpatient clinical experience in psychiatric mental health practice and currently employed by a hospital or forensic facility licensed by the Commonwealth, a psychiatric unit of a general hospital, a private agency or company engaged in providing mental health services, or a regional community program for Page 13 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN mental health and individuals with an intellectual disability;
(f) A marriage and family therapist licensed under the provisions of KRS 335.300 to 335.399 with three (3) years of inpatient or outpatient clinical experience in psychiatric mental health practice and currently employed by a hospital or forensic facility licensed by the Commonwealth, a psychiatric unit of a general hospital, a private agency or company engaged in providing mental health services, or a regional community program for mental health and individuals with an intellectual disability;
Has been employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital or a private agency or company engaged in the provision of mental health services or a regional community Page 14 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN program for mental health and individuals with an intellectual disability for at least two (2) years;
Has been employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital or a private agency or company engaged in the provision of mental health services or a regional community program for mental health and individuals with an intellectual disability for at least two (2) years;
or b.
or CHAPTER 175 7 b.
(1) When a defendant who is charged with a qualifying offense has been found, after a hearing under KRS Chapter 504, to be incompetent to stand trial with no Page 15 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN substantial probability that the defendant will attain competency within three hundred sixty (360) days, the Commonwealth's attorney's office serving the county of criminal prosecution shall immediately petition the Circuit Court that found the defendant incompetent to stand trial or, if the finding was by a District Court, the Circuit Court in the county of the criminal prosecution, for an involuntary commitment proceeding, to include an evidentiary hearing and a commitment hearing, if applicable, under this chapter.
(1) When a defendant who is charged with a qualifying offense has been found, after a hearing under KRS Chapter 504, to be incompetent to stand trial with no substantial probability that the defendant will attain competency within three hundred sixty (360) days, the Commonwealth's attorney's office serving the county of criminal prosecution shall immediately petition the Circuit Court that found the defendant incompetent to stand trial or, if the finding was by a District Court, the Circuit Court in the county of the criminal prosecution, for an involuntary commitment proceeding, to include an evidentiary hearing and a commitment hearing, if applicable, under this chapter.
The court shall order the Commonwealth to provide all available discovery to the Page 16 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN respondent no later than seven (7) days, excluding weekends and holidays, before the hearing.
The court shall order the Commonwealth to provide all available discovery to the respondent no later than seven (7) days, excluding weekends and holidays, before the hearing.
(b) The court shall cause the respondent to be examined without unnecessary delay by two (2) qualified mental health professionals, at least one (1) of whom is a physician.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) The court shall cause the respondent to be examined without unnecessary delay by two (2) qualified mental health professionals, at least one (1) of whom is a physician.
The qualified mental health professionals shall, within seven (7) days, excluding weekends and holidays, prior to the Page 17 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN hearing, certify to the court their findings as to whether the respondent meets the criteria for involuntarily commitment under Section 10 of this Act.
The qualified mental health professionals shall, within seven (7) days, excluding weekends and holidays, prior to the hearing, certify to the court their findings as to whether the respondent meets the criteria for involuntarily commitment under Section 10 of this Act.
The respondent and the respondent's guardian ad litem shall be afforded an opportunity to testify, to present evidence, and to cross-examine any witnesses.
The respondent and the respondent's guardian ad litem shall be afforded an opportunity to testify, to present evidence, and to cross- examine any witnesses.
(4) The manner of proceeding and the rules of evidence shall be the same as those in Page 18 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN any criminal proceeding.
(4) The manner of proceeding and the rules of evidence shall be the same as those in any criminal proceeding.
(c) The respondent has a demonstrated history of criminal behavior that has endangered or caused injury to others or has a substantial history of involuntary hospitalizations under KRS Chapters 202A or 202B prior to the commission of the charged crime;
(c) The respondent has a demonstrated history of criminal behavior that has endangered or caused injury to others or has a substantial history of involuntary hospitalizations under KRS Chapter 202A or 202B prior to the commission of the charged crime;
and Page 19 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN (b) If at any point during the respondent's placement at a forensic psychiatric facility it appears that the respondent no longer meets the criteria for involuntary commitment under Section 10 of this Act because there has been a material change in circumstances or there is new evidence to present, the respondent or the respondent's guardian ad litem may request a review hearing pursuant to this section.
and (b) If at any point during the respondent's placement at a forensic psychiatric facility it appears that the respondent no longer meets the criteria for involuntary commitment under Section 10 of this Act because there has been a material change in circumstances or there is new evidence to present, the respondent or the respondent's guardian ad litem may request a review hearing pursuant to this section.
(2) The schedule for review hearings shall be as follows:
CHAPTER 175 9 (2) The schedule for review hearings shall be as follows:
Page 20 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN (4) A standard review hearing may be conducted in an informal manner, consistent with orderly procedures, and in a physical setting not likely to have a harmful effect on the mental or physical health of the respondent.
(4) A standard review hearing may be conducted in an informal manner, consistent with orderly procedures, and in a physical setting not likely to have a harmful effect on the mental or physical health of the respondent.
(9) During a heightened review hearing, the procedures of a standard review hearing Page 21 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN shall apply.
(9) During a heightened review hearing, the procedures of a standard review hearing shall apply.
In proceedings under this chapter, there shall be no privilege as to any relevant communications between qualified mental health professionals.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY In proceedings under this chapter, there shall be no privilege as to any relevant communications between qualified mental health professionals.
(2) Any person seeking information contained in the court files or the court records of proceedings involving respondents under this chapter may file a written Page 22 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN motion in the case setting out why the information is needed.
(2) Any person seeking information contained in the court files or the court records of proceedings involving respondents under this chapter may file a written motion in the case setting out why the information is needed.
(3) Any respondent released from a forensic psychiatric facility under Sections 8 or Page 23 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN 11 of this Act shall be transported to the respondent's county of discharge by a sheriff or other peace officer, by an ambulance service designated by the cabinet, or by other appropriate means of transportation which is consistent with the treatment plan of that respondent.
(3) Any respondent released from a forensic psychiatric facility under Sections 8 or 11 of this Act shall be transported to the respondent's county of discharge by a sheriff or other peace officer, by an ambulance service designated by the cabinet, or by other appropriate means of transportation which is consistent with the treatment plan of that respondent.
Page 24 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN (6) The right to receive payment for work performed on behalf of the forensic psychiatric facility;
(6) The right to receive payment for work performed on behalf of the forensic psychiatric facility;
(8) The right to be free from unreasonable use of seclusion and restraint;
CHAPTER 175 11 (8) The right to be free from unreasonable use of seclusion and restraint;
(a) Whether the treatment is necessary to protect the respondent or others from Page 25 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN harm;
(a) Whether the treatment is necessary to protect the respondent or others from harm;
and (b) Except as provided in subsection (2)(c) of this section, to be provided with the necessary services and facilities of representation, including investigation and Page 26 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN other preparation.
and (b) Except as provided in subsection (2)(c) of this section, to be provided with the necessary services and facilities of representation, including investigation and other preparation.
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and (c) To be represented in any other post-conviction, or, if a minor under the age of eighteen (18), post-disposition proceeding, including any appeal from a post- conviction or post-disposition action.
and (c) To be represented in any other post-conviction, or, if a minor under the age of eighteen (18), post- disposition proceeding, including any appeal from a post-conviction or post-disposition action.
However, if the department and the court of competent jurisdiction determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his or her own expense, there shall be no further right to be represented by counsel under the provisions of this chapter.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY However, if the department and the court of competent jurisdiction determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his or her own expense, there shall be no further right to be represented by counsel under the provisions of this chapter.
In cases involving a minor under the age of eighteen (18), prior to making a determination on whether or not a post- disposition action is a proceeding that a reasonable person with adequate means would be willing to bring at his or her own expense, an attorney with the department shall be granted access to the court file of the minor:
In cases involving a minor under the age of eighteen (18), prior to making a determination on whether or not a post-disposition action is a proceeding that a reasonable person with adequate means would be willing to bring at his or her own expense, an attorney with the department shall be granted access to the court file of the minor:
(3) A needy person's right to a benefit under subsection (1) or (2) of this section is not affected by his or her having provided a similar benefit at his or her own expense, or Page 27 of 28 HB031020.100 - 1166 - XXXX Engrossed UNOFFICIAL COPY 21 RS HB 310/EN by he or she having waived it, at an earlier stage.
(3) A needy person's right to a benefit under subsection (1) or (2) of this section is not affected by his or her having provided a similar benefit at his or her own expense, or by he or she having waived it, at an earlier stage.
Page 28 of 28 HB031020.100 - 1166 - XXXX Engrossed
Signed by Governor April 1, 2021.
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How this bill changes current law

7 changes Share ↗

Compared against the Kentucky Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill alters the procedures surrounding the parole of prisoners, particularly regarding victim notification and the handling of parole hearings.

  • KRS 439.340

    the department shall obtain all pertinent information regarding each prisoner, except those not eligible for parole. The information shall include → As soon as practicable after his or her admission to an adult state penal or correctional institution or county jail if he or she is a sentenced felon, and at such intervals thereafter as it may determine, the Department of Corrections shall obtain all pertinent information regarding each prisoner, except those not eligible for parole. The information shall include

    Clarifies that the Department of Corrections must collect pertinent information after a prisoner's admission.

  • KRS 439.340

    the department shall prepare a report on any information it obtains, supplement this report with any material the board may request, and submit the report to the board. → It shall be the duty of the Department of Corrections to supplement this report with any material the board may request and submit the report to the board.

    Reaffirms the Department of Corrections' duty to submit reports to the board.

  • KRS 439.340

    the department shall ensure that all sentenced felons who have one hundred eighty (180) or more days remaining to serve in state penal institutions, halfway houses, reentry centers, and county jails are considered for parole not less than sixty (60) days prior to their parole eligibility date, → The board shall insure that all sentenced felons who have longer than ninety (90) days to serve in state penal institutions, halfway houses, reentry centers, and county jails are considered for parole not less than sixty (60) days prior to their parole eligibility date,

    Changes the timeframe from one hundred eighty (180) days to ninety (90) days for parole considerations.

  • KRS 439.340

    Notwithstanding any statute to the contrary, including KRS 440.330, when a prisoner is otherwise eligible for parole and the board has recommended parole for that prisoner for the reasons set forth in this subsection, the board may grant parole to any prisoner wanted as a fugitive by any other jurisdiction, → Notwithstanding any statute to the contrary, including KRS 440.330, when a prisoner is otherwise eligible for parole and the board has recommended parole for that prisoner for the reasons set forth in this subsection, the board may grant parole to any prisoner wanted as a fugitive by any other jurisdiction, and the prisoner shall be released to the detainer from that jurisdiction.

    Allows for a fugitive to be released to law enforcement from another jurisdiction while maintaining jurisdiction over that prisoner.

  • KRS 439.340

    The board shall ensure that all sentenced felons who have one hundred eighty (180) or more days remaining to serve in state penal institutions, halfway houses, reentry centers, and county jails are considered for parole not less than sixty (60) days prior to their parole eligibility date, → The board shall ensure that all sentenced felons who have longer than ninety (90) days to serve in state penal institutions, halfway houses, reentry centers, and county jails are considered for parole not less than sixty (60) days prior to their parole eligibility date,

    Changes the minimum time required to have a parole review from one hundred eighty (180) days to ninety (90) days.

  • KRS 439.340

    Persons receiving notice as provided for in subsection (5) of this section may submit comments, in person or in writing, to the board upon all issues relating to the parole of the prisoner.

    Provides a mechanism for public comments on parole decisions.

  • KRS 439.340

    Victims of Class D felonies not included within the definition of 'sex crime' in KRS 17.500 may submit comments in person or in writing to the board upon all issues relating to the parole of a prisoner.

    Allows victims of certain felonies to provide input during parole considerations.

Action History

  1. signed by Governor (Acts Ch. 175)

  2. delivered to Governor

  3. enrolled, signed by President of the Senate

  4. enrolled, signed by Speaker of the House

  5. Bill passed 91-0

  6. House concurred in Senate Committee Substitute (1)

  7. posted for passage for concurrence in Senate Committee Substitute (1)

  8. taken from Rules

  9. to Rules (H)

  10. received in House

  11. 3rd reading, passed 37-0-1 with Committee Substitute (1)

  12. posted for passage in the Regular Orders of the Day for Monday, March 29, 2021

  13. reported favorably, to Rules with Committee Substitute (1)

  14. returned to Judiciary (S)

  15. 2nd reading

  16. taken from Judiciary (S)

  17. to Judiciary (S)

  18. returned to Committee on Committees (S)

  19. 1st reading

  20. taken from Committee on Committees (S)

  21. to Committee on Committees (S)

  22. received in Senate

  23. 3rd reading, passed 96-0 with floor amendments (3) and (4-title)

  24. floor amendments (3) and (4-title) filed

  25. floor amendments (1) and (2-title) filed

  26. posted for passage in the Regular Orders of the Day for Friday, March 5, 2021

  27. 2nd reading, to Rules

  28. reported favorably, 1st reading, to Calendar

  29. posted in committee

  30. to Judiciary (H)

  31. to Committee on Committees (H)

  32. introduced in House

Sponsors

Sponsorship breakdown

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8 sponsors · 0 co-sponsors · 130 not signed on

Sponsors (8)

Co-sponsors (0)

None.

Not signed on (130)

130 members have not signed on to this bill.

Show all 130 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASS HB 310 W/ scs1

Passed 37 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 18002
Republican 17000
Democrat 2000
Total 37002
% of votes cast 95%0%0%5%
How each member voted (39)
Member Party Vote
Alvarado — Yea
Thomas — Yea
Hornback — Yea
Parrett — Yea
Turner — Yea
Buford — Yea
Kerr — Yea
Schickel — Yea
Schroder — Yea
Westerfield — Yea
Castlen — Yea
McGarvey — Yea
Smith — Yea
Embry — Yea
Meredith — Yea
Thayer — Yea
Yates — Yea
Southworth — Not Voting
Southworth — Not Voting
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jason Nemes Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Final Passage

Passed 91 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Republican 47004
Unaffiliated 36005
Democrat 8000
Total 91009
% of votes cast 91%0%0%9%
How each member voted (100)
Member Party Vote
Santoro — Yea
Fischer — Yea
Meredith — Yea
Bechler — Yea
Jenkins — Yea
Sheldon — Yea
Bentley — Yea
Smith — Yea
Minter — Yea
Flood — Yea
Koenig — Yea
Palumbo — Yea
Thomas — Yea
Timoney — Yea
Goforth — Yea
Pratt — Yea
Burch — Yea
Prunty — Yea
Cantrell — Yea
Graham — Yea
Webber — Yea
Raymond — Yea
Dixon — Yea
Westrom — Yea
Donohue — Yea
Heath — Yea
Massey — Yea
Wheatley — Yea
McCoy — Yea
Rowland — Yea
DuPlessis — Yea
Carney — Not Voting
Scott — Not Voting
Hatton — Not Voting
Meeks — Not Voting
Bratcher K. — Yea
Huff R — Yea
Kirk McCormick — Yea
Miller C — Not Voting
Miller J — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
George Brown Jr. Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Not Voting
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Not Voting
Josh Calloway Republican Not Voting
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Riley Republican Not Voting
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
William Lawrence Republican Yea

Official roll call →

Suspend the Rules

Passed 81 Yea · 0 Nay · 20 Other
Party YeaNayPresentNot Voting
Republican 51001
Unaffiliated 280013
Democrat 2006
Total 810020
% of votes cast 80%0%0%20%
How each member voted (101)
Member Party Vote
Meeks — Yea
Meredith — Yea
Santoro — Yea
Bechler — Yea
Fischer — Yea
Bentley — Yea
Minter — Yea
Sheldon — Yea
Smith — Yea
Koenig — Yea
Palumbo — Yea
Thomas — Yea
Timoney — Yea
Goforth — Yea
Pratt — Yea
Burch — Yea
Prunty — Yea
Webber — Yea
Cantrell — Yea
Heath — Yea
McCoy — Yea
Westrom — Yea
Dixon — Yea
Wheatley — Yea
Donohue — Yea
Rowland — Yea
Flood — Not Voting
Jenkins — Not Voting
Carney — Not Voting
Graham — Not Voting
Raymond — Not Voting
DuPlessis — Not Voting
Hatton — Not Voting
Massey — Not Voting
Scott — Not Voting
Commonwealth of Kentucky — Not Voting
Huff R — Not Voting
Kirk McCormick — Yea
Miller C — Not Voting
Miller J — Yea
Stevenson C — Not Voting
Al Gentry Democrat Not Voting
Ashley Tackett Laferty Democrat Yea
George Brown Jr. Democrat Not Voting
Lisa Willner Democrat Not Voting
Mary Lou Marzian Democrat Yea
Nima Kulkarni Democrat Not Voting
Pamela Stevenson Democrat Not Voting
Tina Bojanowski Democrat Not Voting
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Not Voting
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
William Lawrence Republican Yea

Official roll call →

Pass

Passed 96 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 52000
Unaffiliated 37003
Democrat 7001
Total 96004
% of votes cast 96%0%0%4%
How each member voted (100)
Member Party Vote
Rowland — Yea
Fischer — Yea
Meeks — Yea
Bechler — Yea
Jenkins — Yea
Meredith — Yea
Santoro — Yea
Bentley — Yea
Sheldon — Yea
Flood — Yea
Smith — Yea
Minter — Yea
Koenig — Yea
Thomas — Yea
Goforth — Yea
Palumbo — Yea
Timoney — Yea
Burch — Yea
Graham — Yea
Pratt — Yea
Prunty — Yea
Webber — Yea
Cantrell — Yea
Hatton — Yea
Massey — Yea
Raymond — Yea
Westrom — Yea
Dixon — Yea
Heath — Yea
Wheatley — Yea
Donohue — Yea
McCoy — Yea
Carney — Not Voting
DuPlessis — Not Voting
Scott — Not Voting
Huff R — Yea
Kirk McCormick — Yea
Miller C — Yea
Miller J — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
George Brown Jr. Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Not Voting
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
William Lawrence Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

Who sponsors HB 310?
HB 310 is sponsored by Samara Heavrin (Republican), Jennifer Decker (Republican), Kim King (Republican), C. Massey, and Jason Nemes (Republican).
What is the current status of HB 310?
This bill has been enacted into law. Introduced February 02, 2021. Enacted.
Where can I track HB 310?
Track HB 310 free on One Click Politics — get push/email alerts when it moves.

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