SB 162 — AN ACT relating to public safety, making an appropriation therefor, and declaring an emergency.
Last action — signed by Governor (Acts Ch. 106)
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 16, 2023. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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Cleared a recorded vote
Passed 3 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amend KRS 15A.061 to require the Justice and Public Safety Cabinet to maintain a comprehensive data system for the Department of Juvenile Justice; amend KRS 15A.305 to provide additional requirements for facilities operated under the statewide juvenile detention plan; require the Department for Medicaid Services to apply for an amendment to the submitted waiver to allow Medicaid coverage for youth incarcerated in DJJ facilities; direct the Justice and Public Safety Cabinet to promulgate regulations expediting the investigation of complaints; and require the Justice and Public Safety Cabinet to submit and implement various plans within specified time frames with reporting to the Legislative Research Commission.
Bill Text
What changed in the latest version
492 added · 667 removed492 line(s) added, 667 removed.
UNOFFICIALCHAPTER COPY106 231 RSCHAPTER 106 ( SB 162/EN162 ) AN ACT relating to public safety, making an appropriation therefor, and declaring an emergency.
Office of Detention, which shall require that all detention centers report to one (1) supervisor who reports directly to the commissioner, Page 1 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN and which shall have the following division:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY a.
Division of East Troops, which shall be headed by a director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the executive Page 2 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN director of the Office of Operations;
and Page 3 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN 5.
Page 4 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN 1.
and CHAPTER 106 3 2.
The office shall Page 5 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN conduct no other investigations under the authority granted in this subparagraph.
(f) Office of Financial Management Services, which shall be headed by an Page 6 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN executive director appointed by the secretary of the Justice and Public Safety Cabinet pursuant to KRS 12.050 who shall be responsible to report to the secretary and be responsible for all matters relating to fiscal functions, and who, with the approval of the secretary, may employ such staff as necessary to perform the duties, functions, and responsibilities of the office;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (h) Office of the Kentucky State Medical Examiner, which shall be headed by a chief medical examiner appointed pursuant to KRS 72.240 who shall be responsible for all matters relating to forensic pathology and forensic toxicology and other duties as assigned by the secretary.
The chief medical examiner shall be directly responsible to and report to the secretary and may employ such staff as necessary to perform the forensic duties, functions, and responsibilities of the Page 7 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN office;
(1) The Juvenile Justice Oversight Council is created for the purpose of providing Page 8 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN independent review of the state juvenile justice system and providing recommendations to the General Assembly.
CHAPTER 106 5 11.
One (1) member of the House of Representatives appointed by the Speaker of the House of Representatives, and one (1) member of the minority party in the House of Representatives appointed by the Page 9 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN Minority Floor Leader in the House of Representatives, who shall serve as ex officio, nonvoting members for the duration of the terms for which they were elected;
(b) The chairs of the House and Senate Judiciary Committees shall serve as co-co-chairs. chairs.
A quorum, consisting of a majority Page 10 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN of the membership of the council, shall be required for the transaction of business.
(a) Review[Oversee] the implementation of the reforms enacted by the General Assembly;[contained in 2014 Ky.
132, including:] (b)[1.](b)[1.]Review[ Review[ of the] performance measures[ to be adopted] and recommend modifications;
(d)[3.](d)[3.]Review[Ensure] Review[Ensure] the fiscal incentive program established pursuant to KRS 15A.062[ is implemented and continue to review the program;
Page 11 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN 2.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 3.
and (i)[(e)](i)[(e)]Report Report by December 1, 2023[November 2014], and by December 1[November] of each year thereafter, to the Interim Joint Committee on Judiciary and the Governor and make recommendations to the General Assembly for any additional legislative changes the council determines appropriate.
Page 12 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN (5) The council shall terminate on July 1, 2030, unless the General Assembly extends the term of the council.
(3) The department shall develop and implement a system to immediately notify the Cabinet for Health and Family Services when a status offender or child alleged to be a status offender has been detained for the alleged violation of a valid court Page 13 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN order.
CHAPTER 106 7 (6) No juvenile detention facility, as defined in KRS 15A.200, shall be taken over, purchased, or leased by the Commonwealth without prior approval of the fiscal court upon consultation with the jailer in the county where the facility is located.
(d) Establish a specially trained emergency response team within each juvenile detention center and youth development center which shall be trained in Page 14 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN tactics related to detention facilities and engage in monthly drills as part of emergency response training;
Any records resulting from the child's prior abuse and neglect under Title IV-E or Title IV-IV-B B of the Federal Social Security Act shall not be disclosed to victims or other persons authorized to attend a juvenile court hearing pursuant to KRS 610.070.
(d) Victim access under this subsection to juvenile court records shall include Page 15 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN access to records of adjudications that occurred prior to July 15, 1998.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (4) The provisions of this section shall not apply to employees of the Department of Juvenile Justice or cabinet or its designees responsible for any services under KRS Chapters 600 to 645 or to attorneys for parties involved in actions relating to KRS Chapters 600 to 645 or other prosecutions authorized by the Kentucky Revised Statutes.
(6) The provisions of this section shall not apply to employees of local law enforcement agencies, the Department of Kentucky State Police, or the Federal Bureau of Investigation engaged in conducting background checks for the sole Page 16 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN purpose of identifying and providing potentially disqualifying juvenile public offense records to the National Instant Criminal Background Check System pursuant to Div.
(8)[(7)] No person, including school personnel, authorized to obtain records pursuant to KRS Chapters 600 to 645 shall obtain or attempt to obtain confidential records to which he is not entitled or for purposes for which he is not permitted to obtain them pursuant to KRS Chapters 600 to 645.
(9)[(8)] No person, including school personnel, not authorized to obtain records pursuant to KRS Chapters 600 to 645 shall obtain or attempt to obtain records which are made confidential pursuant to KRS Chapters 600 to 645 except upon proper motion to a court of competent jurisdiction.
(10)[(9)] No person shall destroy or attempt to destroy any record required to be kept pursuant to KRS Chapters 600 to 645 unless the destruction is permitted pursuant to KRS Chapters 600 to 645 and is authorized by the court upon proper motion and good cause for the destruction being shown.
Page 17 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN (12)[(11)] Nothing in this section shall be construed to prohibit a crime victim from speaking publicly after the adjudication about his or her case on matters within his or her knowledge or on matters disclosed to the victim during any aspect of a juvenile court proceeding.
and CHAPTER 106 9 (6) Develop and implement a plan to identify and transfer any juvenile to another facility if the transfer is related to a security risk, is necessary to avoid interference with any criminal investigation, or is necessary due to lack of available beds or staff shortages.
Page 18 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN Section 7.
Page 19 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN Section 9.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (3) $30,000,000 to the Adult Correctional Institutions budget unit in fiscal year Page 20 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN 2023-2024 to provide salary increases for correctional officers within the Department of Corrections facilities in the same manner as was provided to youth workers in juvenile detention facilities with a base pay of $50,000.
There is hereby appropriated General Fund moneys in the amount of $1,750,000 in fiscal year 2022-2023 to the Department of Juvenile Justice to retain Page 21 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN design experts to enable a return to the regional model of juvenile detention center facilities.
Page 22 of 23 SB016220.100 - 1104 - XXXX 3/16/2023 8:21 PM Engrossed UNOFFICIAL COPY 23 RS SB 162/EN Section 20.
Show all 41 changed lines (1 more)
PageSigned 23by ofGovernor 23March SB016220.10027, -2023. 1104 - XXXX 3/16/2023 8:21 PM Engrossed
Show all 41 changed rows (1 more)
Action History
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signed by Governor (Acts Ch. 106)
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delivered to Governor
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enrolled, signed by Speaker of the House
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enrolled, signed by President of the Senate
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passed 37-0
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Senate concurred in House Committee Substitute (1)
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posted for passage for concurrence in House Committee Substitute (1)
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to Rules (S)
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received in Senate
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3rd reading, passed 98-0 with Committee Substitute (1)
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placed in the Orders of the Day
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taken from Rules
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reported favorably, to Rules with Committee Substitute (1)
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returned to Appropriations & Revenue (H)
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2nd reading
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taken from Appropriations & Revenue (H)
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to Appropriations & Revenue (H)
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returned to Committee on Committees (H)
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1st reading
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taken from Committee on Committees (H)
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to Committee on Committees (H)
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received in House
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passed 37-0 with Committee Substitute (1), Floor Amendments (1), (2), (3), and (4) and Floor Amendment (5-title)
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committee amendment (1-title) withdrawn
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3rd reading
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posted for passage in the Regular Orders of the Day for Tuesday, March 07, 2023
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floor amendment (4) filed to Committee Substitute , floor amendment (5-title) filed to bill
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Floor Amendments (1), (2) and (3) filed
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2nd reading, to Rules
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reported favorably, 1st reading, to Calendar with Committee Substitute (1) and Committee Amendment (1-title)
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to Appropriations & Revenue (S)
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to Committee on Committees (S)
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introduced in Senate
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 0 co-sponsors · 138 not signed on
Sponsors (0)
None.
Co-sponsors (0)
None.
Not signed on (138)
138 members have not signed on to this bill.
Show all 138 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 14 | 0 | 0 | 0 |
| Republican | 64 | 0 | 0 | 2 |
| Unaffiliated | 20 | 0 | 0 | 0 |
| Total | 98 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Smith | — | Yea |
| Dixon | — | Yea |
| Nemes | — | Yea |
| Bentley | — | Yea |
| Palumbo | — | Yea |
| Swann | — | Yea |
| Justice | — | Yea |
| Pratt | — | Yea |
| Thomas | — | Yea |
| Timoney | — | Yea |
| Bratcher S. | — | Yea |
| Raymond | — | Yea |
| Webber | — | Yea |
| Graham | — | Yea |
| Williams | — | Yea |
| Wilson | — | Yea |
| Heath | — | Yea |
| Meredith | — | Yea |
| Bratcher K. | — | Yea |
| Stevenson C | — | Yea |
| Al Gentry | Democrat | Yea |
| Ashley Tackett Laferty | Democrat | Yea |
| Beverly Chester-Burton | Democrat | Yea |
| Chad Aull | Democrat | Yea |
| Daniel Grossberg | Democrat | Yea |
| George Brown Jr. | Democrat | Yea |
| Keturah J. Herron | Democrat | Yea |
| Lindsey Burke | Democrat | Yea |
| Lisa Willner | Democrat | Yea |
| Nima Kulkarni | Democrat | Yea |
| Pamela Stevenson | Democrat | Yea |
| Rachel Roarx | Democrat | Yea |
| Sarah Stalker | Democrat | Yea |
| Tina Bojanowski | Democrat | Yea |
| Aaron Reed | Republican | Yea |
| Adam Bowling | Republican | Yea |
| Amy Neighbors | Republican | Yea |
| Bill Wesley | Republican | Yea |
| Bobby McCool | Republican | Yea |
| Candy Massaroni | 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 |
| Emily Callaway | Republican | Yea |
| Felicia Rabourn | Republican | Yea |
| James Tipton | Republican | Yea |
| Jared Bauman | Republican | Yea |
| Jason Petrie | Republican | Yea |
| Jennifer Decker | Republican | Yea |
| Jim Gooch Jr. | Republican | Yea |
| John Blanton | Republican | Yea |
| John Hodgson | Republican | Yea |
| Josh Branscum | Republican | Yea |
| Josh Bray | Republican | Yea |
| Josh Calloway | Republican | Yea |
| Ken Fleming | Republican | Yea |
| Ken Upchurch | Republican | Yea |
| Kevin Jackson | Republican | Yea |
| Kim Banta | Republican | Yea |
| Kim King | Republican | Yea |
| Kimberly Poore Moser | Republican | Yea |
| Marianne Proctor | Republican | Yea |
| Mark Hart | Republican | Yea |
| Mary Beth Imes | Republican | Yea |
| Matt Lockett | Republican | Yea |
| Matthew Koch | Republican | Yea |
| Michael Sarge Pollock | Republican | Yea |
| Mike Clines | Republican | Yea |
| Myron Dossett | Republican | Yea |
| Nancy Tate | Republican | Yea |
| Patrick Flannery | Republican | Yea |
| Randy Bridges | Republican | Yea |
| Rebecca Raymer | Republican | Yea |
| Richard White | Republican | Yea |
| Robert Duvall | Republican | Not Voting |
| Ryan Dotson | Republican | Yea |
| Samara Heavrin | Republican | Yea |
| Savannah Maddox | Republican | Yea |
| Scott Lewis | Republican | Not Voting |
| Scott Sharp | Republican | Yea |
| Shane Baker | Republican | Yea |
| Shawn McPherson | Republican | Yea |
| Stephanie Dietz | Republican | Yea |
| Steve Rawlings | Republican | Yea |
| Steve Riley | Republican | Yea |
| Steven Doan | Republican | Yea |
| Steven Rudy | Republican | Yea |
| Susan Witten | Republican | Yea |
| Suzanne Miles | Republican | Yea |
| T.J. Roberts | Republican | Yea |
| Thomas Huff | Republican | Yea |
| Timmy Truett | Republican | Yea |
| William Lawrence | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 2 | 0 | 0 | 0 |
| Unaffiliated | 14 | 0 | 0 | 0 |
| Republican | 21 | 0 | 0 | 0 |
| Total | 37 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (37)
| Member | Party | Vote |
|---|---|---|
| Turner | — | Yea |
| Schickel | — | Yea |
| Smith | — | Yea |
| Southworth | — | Yea |
| Westerfield | — | Yea |
| ChambersArmstrong | — | Yea |
| Meredith | — | Yea |
| Williams | — | Yea |
| Thayer | — | Yea |
| Wilson | — | Yea |
| Thomas | — | Yea |
| Nemes | — | Yea |
| Yates | — | Yea |
| Harper Angel | — | Yea |
| Gerald A. Neal | Democrat | Yea |
| Karen Berg | Democrat | Yea |
| Amanda Mays Bledsoe | Republican | Yea |
| Brandon J. Storm | Republican | Yea |
| Christian McDaniel | Republican | Yea |
| Danny Carroll | Republican | Yea |
| David P. Givens | Republican | Yea |
| Donald Douglas | Republican | Yea |
| Gary Boswell | Republican | Yea |
| Jared Carpenter | Republican | Yea |
| Jason Howell | Republican | Yea |
| Jimmy Higdon | Republican | Yea |
| Julie Raque Adams | Republican | Yea |
| Lindsey Tichenor | Republican | Yea |
| Matthew Deneen | Republican | Yea |
| Max Wise | Republican | Yea |
| Phillip Wheeler | Republican | Yea |
| Rick Girdler | Republican | Yea |
| Robby Mills | Republican | Yea |
| Robert Stivers | Republican | Yea |
| Robin L. Webb | Republican | Yea |
| Shelley Funke Frommeyer | Republican | Yea |
| Stephen West | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 2 | 0 | 0 | 0 |
| Unaffiliated | 14 | 0 | 0 | 0 |
| Republican | 21 | 0 | 0 | 0 |
| Total | 37 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (37)
| Member | Party | Vote |
|---|---|---|
| Turner | — | Yea |
| Schickel | — | Yea |
| Smith | — | Yea |
| Southworth | — | Yea |
| Westerfield | — | Yea |
| ChambersArmstrong | — | Yea |
| Meredith | — | Yea |
| Williams | — | Yea |
| Thayer | — | Yea |
| Wilson | — | Yea |
| Thomas | — | Yea |
| Nemes | — | Yea |
| Yates | — | Yea |
| Harper Angel | — | Yea |
| Gerald A. Neal | Democrat | Yea |
| Karen Berg | Democrat | Yea |
| Amanda Mays Bledsoe | Republican | Yea |
| Brandon J. Storm | Republican | Yea |
| Christian McDaniel | Republican | Yea |
| Danny Carroll | Republican | Yea |
| David P. Givens | Republican | Yea |
| Donald Douglas | Republican | Yea |
| Gary Boswell | Republican | Yea |
| Jared Carpenter | Republican | Yea |
| Jason Howell | Republican | Yea |
| Jimmy Higdon | Republican | Yea |
| Julie Raque Adams | Republican | Yea |
| Lindsey Tichenor | Republican | Yea |
| Matthew Deneen | Republican | Yea |
| Max Wise | Republican | Yea |
| Phillip Wheeler | Republican | Yea |
| Rick Girdler | Republican | Yea |
| Robby Mills | Republican | Yea |
| Robert Stivers | Republican | Yea |
| Robin L. Webb | Republican | Yea |
| Shelley Funke Frommeyer | Republican | Yea |
| Stephen West | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 162 do?
- Amend KRS 15A.061 to require the Justice and Public Safety Cabinet to maintain a comprehensive data system for the Department of Juvenile Justice; amend KRS 15A.305 to provide additional requirements for facilities operated under the statewide juvenile detention plan; require the Department for Medicaid Services to apply for an amendment to the submitted waiver to allow Medicaid coverage for youth incarcerated in DJJ facilities; direct the Justice and Public Safety Cabinet to promulgate regulations expediting the investigation of complaints; and require the Justice and Public Safety Cabinet to submit and implement various plans within specified time frames with reporting to the Legislative Research Commission.
- What is the current status of SB 162?
- This bill has been enacted into law. Introduced February 16, 2023. Enacted.
- Where can I track SB 162?
- Track SB 162 free on One Click Politics — get push/email alerts when it moves.
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