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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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