Title 502 | Chapter 030 | Regulation 020
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PREVIOUS VERSION
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JUSTICE AND PUBLIC SAFETY CABINET
Department of Kentucky State Police
(Amended After Comments)
502 KAR 30:020.Arrest and disposition reporting procedure.
Section 1.
Offense Reporting Procedure.Section 2.
Disposition Reporting Procedures.(1)
Dispositions shall be submitted from each city and county law enforcement agency to the Criminal Identification and Records Branch(2)
Upon suitable written agreement with the Chief Justice of the Kentucky Supreme Court and the secretary of the Justice and Public Safety Cabinet, a unique tracking number will be assigned to each offender at the time of arrest. This unique number will be utilized throughout the movement of the offender through the criminal justice system, thereby enabling the Administrative Office of the Courts to provide a system compatible formatCOL. 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 administrative regulation establishes arrest and disposition reporting procedures.
(b) The necessity of this administrative regulation:
This regulation is necessary in order to supply the Department with the required information pertaining to arrests made in the Commonwealth.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation establishes the reporting system necessary to effectively inform the Department of arrests made in the Commonwealth, and the eventual disposition of the matter.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The regulation details the time allotted for an offense to be submitted to the Criminal Identification and Records Branch and details the requirements of the unique numbering system in order to effectively track the reported offenses.
(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 clarifies the existing language of the regulation, and removes outdated terms and requirements, including the completion of a UOR-1 or UOR-3 form. It revises the name of the entity that handles the criminal history record information within the Department and corrects the cabinet and Department names.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary in order for the regulation to reflect current procedures implemented by the Department.
(c) How the amendment conforms to the content of the authorizing statutes:
The amended regulation allows for the reporting procedures to be more effectively understood by the Department and reporting agencies.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment clarifies the existing language, which results in a more concise, and clear regulation; the amendment also removed outdated terms.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Department of Kentucky State Police, and criminal justice agencies.
(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:
No new or additional actions will have to be taken by the regulated entities in order to effectively comply with this amended regulation.
(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 Department and criminal justice agencies will benefit from more clearly defined procedures, which will assist in the administration of the procedures.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No additional cost is anticipated.
(b) On a continuing basis:
No additional cost is 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 will be necessary.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
No, this regulation does not establish any new fees; nor does it directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation 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 Department of Kentucky State Police and criminal justice agencies.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.160, 17.110, 17.115, 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.
If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
(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?
No additional cost is anticipated.
(d) How much will it cost to administer this program for subsequent years?
No additional cost is anticipated.
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 30:020.Arrest and disposition reporting procedure.
Section 1.
Offense Reporting Procedure. Law enforcement and criminal justice agencies shall cooperate with the Criminal Identification and Records Branch by complying with the use of a "unique numbering system" to allow court disposition tracing. The "unique numbering system" shall be accomplished by the issuance of a Uniform Citation with every ]arrest as it relates to 502 KAR 30:020 subject to an agreement with the Chief Justice of the Supreme Court of Kentucky as set out in Section 2(2) of this administrative regulation.Section 2.
Disposition Reporting Procedures.(1)
Dispositions shall be submitted from each city and county law enforcement agency to the Criminal Identification and Records Branch or any subsequent disposition reporting instrument required by the Department of Kentucky State Police.(2)
Upon suitable written agreement with the Chief Justice of the Kentucky Supreme Court and the secretary of the Justice and Public Safety Cabinet, a unique tracking number will be assigned to each offender at the time of arrest. This unique number will be utilized throughout the movement of the offender through the criminal justice system, thereby enabling the Administrative Office of the Courts to provide a system compatible format to the Criminal Identification and Records Branch for automatic update of court dispositions in the CHRI files.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 administrative regulation establishes arrest and disposition reporting procedures.
(b) The necessity of this administrative regulation:
This regulation is necessary in order to supply the Department with the required information pertaining to arrests made in the Commonwealth.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation establishes the reporting system necessary to effectively inform the Department of arrests made in the Commonwealth, and the eventual disposition of the matter.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The regulation details the time allotted for an offense to be submitted to the Criminal Identification and Records Branch and details the requirements of the unique numbering system in order to effectively track the reported offenses.
(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 clarifies the existing language of the regulation, and removes outdated terms and requirements, including the completion of a UOR-1 or UOR-3 form. It revises the name of the entity that handles the criminal history record information within the Department and corrects the cabinet and Department names.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary in order for the regulation to reflect current procedures implemented by the Department.
(c) How the amendment conforms to the content of the authorizing statutes:
The amended regulation allows for the reporting procedures to be more effectively understood by the Department and reporting agencies.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment clarifies the existing language, which results in a more concise, and clear regulation; the amendment also removed outdated terms.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Department of Kentucky State Police, and criminal justice agencies.
(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:
No new or additional actions will have to be taken by the regulated entities in order to effectively comply with this amended regulation.
(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 Department and criminal justice agencies will benefit from more clearly defined procedures, which will assist in the administration of the procedures.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No additional cost is anticipated.
(b) On a continuing basis:
No additional cost is 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 will be necessary.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
No, this regulation does not establish any new fees; nor does it directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation 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 Department of Kentucky State Police and criminal justice agencies.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.160, 17.110, 17.115, 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.
If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
(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?
No additional cost is anticipated.
(d) How much will it cost to administer this program for subsequent years?
No additional cost is anticipated.
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: