Title 502 | Chapter 030 | Regulation 010
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JUSTICE AND PUBLIC SAFETY CABINET
Department of Kentucky State Police
(Amended After Comments)
502 KAR 30:010.Definitions for 502 KAR Chapter 30Criminal History Record Information System.
Section 1.
(1)
"Administration of criminal justice" means performance of the following activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and dissemination of CHRI.(2)
"Criminal history record information(3)
"Criminal History Record Information System" means a system including equipment, facilities, procedures, agreements, and organization(a)
(b)
(4)
"Criminal justice agency" means:(a)
The persons and entities listed in KRS 17.150(1);(b)
The Court of Justice and the Administrative Office of the Courts to the extent and for purposes agreed upon between the secretary and Chief Justice; or(c)(b)
A government agency or any subunit (c)
(d)
(5)
"Disposition" means information disclosing that criminal proceedings have been concluded, including information disclosing that the police have elected not to refer a matter to a prosecutor or that a prosecutor has elected not to commence criminal proceedings, and also disclosing the nature of the termination of proceedings; or information disclosing that proceedings have been indefinitely postponed and also disclosing the reason for such postponement. Dispositions shall include(6)
"NLETS" means the National Law Enforcement Telecommunication System.(7)
"Nonconviction data" means(7)
(8)
(9)
COL. PHILLIP J. BURNETT, JR., Commissioner
KERRY B. HARVEY, Secretary
APPROVED BY AGENCY: January 10, 2022
FILED WITH LRC: January 11, 2022 at 10:44 a.m.
CONTACT PERSON: Amy Barker, Assistant General Counsel, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8207, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation establishes the definitions to be used in the Chapter.
(b) The necessity of this administrative regulation:
Definitions are required to properly understand the Chapter.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation establishes the definitions for the Chapter, which is required pursuant to KRS 17.140.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in the comprehension and implementation of the Chapter.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment adds definitions and clarifies previous definitions.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary to provide clarity.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment is part of the chapter of administrative regulations required to implement the CHRI system.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment provides to provide clarity.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Kentucky State Police, criminal justice agencies, individuals with sensitive information contained in the CHRI system.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Actions are not required for the definitions.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No additional cost is anticipated.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The regulated entities will have clearer definitions.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No additional costs are anticipated.
(b) On a continuing basis:
No additional costs are anticipated.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Funds budgeted to the Department and the criminal justice agencies.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees or funding is anticipated.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
The existing regulation established fees for testing. The administrative regulation does not establish or increase any fees.
(9) TIERING: Is tiering applied?
No. Tiering was not applied because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Kentucky State Police, criminal justice agencies, individu-als with sensitive information contained in the CHRI system.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.160, 17.140, 17.150
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
The administrative regulation does not generate any revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
The administrative regulation does not generate any revenue.
(c) How much will it cost to administer this program for the first year?
This amendment is not anticipated to increase costs.
(d) How much will it cost to administer this program for subsequent years?
This amendment is not anticipated to increase costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
JUSTICE AND PUBLIC SAFETY CABINET
Department of Kentucky State Police
(Amended After Comments)
502 KAR 30:010.Definitions for 502 KAR Chapter 30.
Section 1.
(1)
"Administration of criminal justice" means performance of the following activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and dissemination of CHRI.(2)
"Criminal history record information" or "CHRI" means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrest, detentions, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, including sentencing, correctional supervision, and release.(3)
"Criminal History Record Information System" means a system including equipment, facilities, procedures, agreements, and organization thereof, for the collection, processing, preservation, or dissemination of criminal history record information.(4)
"Criminal justice agency" means:(a)
The persons and entities listed in KRS 17.150(1);(b)
The Court of Justice and the Administrative Office of the Courts to the extent and for purposes agreed upon between the secretary and Chief Justice; or(c)
A government agency or any subunit thereof that performs the administration of criminal justice pursuant to a statute or executive order, and allocates a substantial part of its annual budget to the administration of criminal justice.(5)
"Disposition" means information disclosing that criminal proceedings have been concluded, including information disclosing that the police have elected not to refer a matter to a prosecutor or that a prosecutor has elected not to commence criminal proceedings, and also disclosing the nature of the termination of proceedings; or information disclosing that proceedings have been indefinitely postponed and also disclosing the reason for such postponement. Dispositions shall include: acquittal, acquittal by reason of insanity, acquittal by reason of mental incompetence, case continued without finding, charge dismissed, charge dismissed due to insanity, charge dismissed due to mental incompetency, charge still pending due to insanity, charge still pending due to mental incompetence, guilty plea, nolle prosequi, no paper, nolo contendere plea, conviction , youthful offender determination, death , deferred disposition, dismissed-civil action, found insane, found mentally incompetent, pardoned, probation before conviction, sentence commuted, adjudication withheld, mistrial-defendant discharged, executive clemency, placed on probation, paroled or released from correctional supervision, or any other disposition deemed appropriate by the court.(6)
"NLETS" means the National Law Enforcement Telecommunication System.(7)
"Nonconviction data" means information obtained from the date of arrest to the date of disposition, in matters that do not result in a conviction, including information disclosing that the police have elected not to refer a matter to a prosecutor, or that a prosecutor has elected not to commence criminal proceedings, or that proceedings have been indefinitely postponed, including all acquittals and dismissals.COL. PHILLIP J. BURNETT, JR., Commissioner
KERRY B. HARVEY, Secretary
APPROVED BY AGENCY: January 10, 2022
FILED WITH LRC: January 11, 2022 at 10:44 a.m.
CONTACT PERSON: Amy Barker, Assistant General Counsel, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8207, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation establishes the definitions to be used in the Chapter.
(b) The necessity of this administrative regulation:
Definitions are required to properly understand the Chapter.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation establishes the definitions for the Chapter, which is required pursuant to KRS 17.140.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in the comprehension and implementation of the Chapter.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment adds definitions and clarifies previous definitions.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary to provide clarity.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment is part of the chapter of administrative regulations required to implement the CHRI system.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment provides to provide clarity.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Kentucky State Police, criminal justice agencies, individuals with sensitive information contained in the CHRI system.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Actions are not required for the definitions.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No additional cost is anticipated.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The regulated entities will have clearer definitions.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No additional costs are anticipated.
(b) On a continuing basis:
No additional costs are anticipated.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Funds budgeted to the Department and the criminal justice agencies.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees or funding is anticipated.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
The existing regulation established fees for testing. The administrative regulation does not establish or increase any fees.
(9) TIERING: Is tiering applied?
No. Tiering was not applied because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Kentucky State Police, criminal justice agencies, individu-als with sensitive information contained in the CHRI system.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.160, 17.140, 17.150
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
The administrative regulation does not generate any revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
The administrative regulation does not generate any revenue.
(c) How much will it cost to administer this program for the first year?
This amendment is not anticipated to increase costs.
(d) How much will it cost to administer this program for subsequent years?
This amendment is not anticipated to increase costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation: