Call to Order and Roll Call
The 2nd meeting of the Interim Joint Committee on Judiciary was held on Friday, July 22, 2016, at<MeetTime> 10:00 AM, at the Department of Criminal Justice Training in Richmond, KY. Senator Whitney Westerfield, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Whitney Westerfield, Co-Chair; Senators Danny Carroll, Perry B. Clark, Alice Forgy Kerr, John Schickel, Dan "Malano" Seum, and Robin L. Webb; Representatives Joseph M. Fischer, Kelly Flood, Chris Harris, Stan Lee, Reginald Meeks, Suzanne Miles, Lewis Nicholls, Tom Riner, Ken Upchurch, and Brent Yonts.
Guests: John Tilley, Secretary of the Justice and Public Safety Cabinet; Mark Filburn, Commissioner of the Department of Criminal Justice Training; LaDonna Koebel, acting Commissioner for the Department of Juvenile Justice; Mike Sweeney, Vice President of the Kentucky Fraternal Order of Police; Skylar Graudick, with the state FOP legislative group; Michelle Turner, President of the Kentucky Land Title Association; and Brandon Gross, Esq.
LRC Staff: Katie Comstock, Alice Lyon, Matt Trebelhorn, Elishea Schweickart, and Brad Gordon.
Introduction to Department of Criminal Justice Training
Mark Filburn, Commissioner of the Department of Criminal Justice Training, and John Tilley, Secretary of the Justice and Public Safety Cabinet, presented an introduction to the Department of Criminal Justice Training (DOCJT).
Commissioner Filburn discussed DOCJT staff and their dedication, passion, and hard work. Each morning, every class within DOCJT begins by reciting the Pledge of Allegiance. This is intended to set the tone within the classes and remind everyone that they are there to protect the country and serve the public.
DOCJT hosts five classes at a time and they run for 23 weeks. Leadership courses taught to first line supervisors are considered top in the nation. The facility contains 135 dorm rooms that are in exceptional condition. The physical training area within DOCJT holds an impressive weight room and track. The challenge course used by the leadership classes contains low rope and high rope aspects. DOCJT also has a driving track on campus and Commissioner Filburn expressed that it will be utilized more in the future.
Commissioner Filburn said that DOCJT strives to promote team effort within the law enforcement community. DOCJT trains police officers, dispatchers, and Fish and Wildlife officers. Bringing all these entities together builds teamwork and cooperation within every department. It also makes stressing the importance of ethics more efficient, Ethics is a core foundation in everything DOCJT does.
Keeping officers safe and alive, while also teaching them to follow the laws themselves, is another important goal to DOCJT. DOCJT and other departments want officers to always know that they are supported. Commissioner Filburn talked about the struggles officers face every day and what DOCJT is doing to try and ensure each officer returns home after every shift. In 2015, Kentucky officers mirrored the national statistics, which included fatalities to firearms, automobile accidents, and general health and fitness; this is motivation behind improved training that will be geared toward these areas. Commissioner Filburn expressed great concern for the fatalities related to automobiles, stating that a big emphasis for training will be placed toward automobile safety.
Commissioner Filburn spoke about the concerns DOCJT faces when it comes to the training they are allowed to conduct. Training in Kentucky consists of 23 weeks of basic training and 40 hours of in-service training yearly. This amount of training exceeds the amount done by several other states. Commissioner Filburn stated that the problem with Kentucky law though when it comes to training is that they are not required to teach the basics except for every three years. Also, Kentucky law also does not allow training in firearms, hand-to-hand combat, driving, first aid, or legal updates during 40 hour in-service training; this was a big concern for DOCJT and Commissioner Filburn expressed desire to change the current statute and allow departments to place an emphasis on these critical skills to improve Kentucky law enforcement officers.
A two hour legal update has been added to every class DOCJT will conduct in 2017. Commissioner Filburn stated that they also hope to add additional first aid classes, four hours of firearms training, seven hours of tactical training, and four hours of driving training. Training for traffic stops is also getting updated, officers are learning new ways to effectively communicate with citizens during a stop. Regional training sites are also being considered so that officers and recruits do not have to always travel to DOCJT in Richmond, KY.
Responding to a question from Representative Flood, Commissioner Filburn stated that officers are encouraged to build relationships within their communities. Once an officer leaves DOCJT, part of their training requires them to perform community activity. Also, part of an officer’s personal time off (PTO) requires them to go out and meet citizens in their community, they are then required to keep a portfolio of those that they meet. Responding to a follow up question from Representative Flood, Secretary Tilley stated that best practices are being used all over Kentucky. Kentucky does not include enough minorities and women in the criminal justice field, that it is a concern and attempts to change that are being made.
Responding to a question from Senator Schickel, Commissioner Filburn stated that DOCJT will be doing more scenario based training, like directing traffic.
Responding to a question from Senator Carroll, Commissioner Filburn stated that current pursuit policies vary across the state depending on each department. Responding to a follow up question from Senator Carroll, Commissioner Filburn stated that the job of DOCJT is to maintain the quality of training they conduct regionally.
Responding to a question from Senator Clark, Commissioner Filburn stated that communication is critical when dealing with any situation, and DOCJT teaches recruits about how to deescalate situations that could turn dangerous.
Responding to a question from Representative Meeks, Commissioner Filburn stated that the PTO program, which requires officers to participate in community activities once the return home, is key when it comes to building community relationships between citizens and law enforcement.
Responding to a question from Senator Kerr, Commission Filburn stated that recruiting is an issue within law enforcement, but recruiters are going out into the community to try and get quality people. Responding to a follow up question from Senator Kerr, Commissioner Filburn stated that recruiters are going to college athletics to try and recruit women into law enforcement.
Juvenile Justice Update
LaDonna Koebel, acting Commissioner for the Department of Juvenile Justice (DJJ), and John Tilley, Secretary of the Justice and Public Safety Cabinet, presented an update on Senate Bill 200 and DJJ. The Department of Juvenile Justice provides services to probated, committed, or sentenced youth. DJJ operates detention centers for juveniles, as well as residential centers and group homes. DJJ also provides court assessments throughout Kentucky.
Senate Bill 200 was passed in 2014, but did not go into effect until July 2015. Since the implementation of Senate Bill 200, there has been a reduction in the number of youth committed and probated to DJJ. Family Accountability, Intervention, and Response (FAIR) teams have also been established in all districts. Since implementation, there has also been a rise in the number of youth who are waved to adult court and convicted as youthful offenders, which DJJ is evaluating.
The total number of probated youth is declining since 2013 and the total numbers of committed youth is declining as well. Although the total as a whole is decreasing, and the number of Caucasian youth is decreasing at a similar rate as the total, the number of African American youth is experiencing a much smaller decline. Disproportionate minority contact is a concern for DJJ. Commissioner Koebel said that DJJ is breaking down their data along with other departments by race to see if and where there is a disproportionate minority issue. Secretary Tilley also stated that there are currently three piolet programs in operation to work through the disproportionate issue, these pilot programs are located in Lexington, Louisville, and Campbell County.
Overall, DJJ has seen a 40 percent reduction in total Out-of-Home population since mid-2014. This reduction includes sex offenders, youth with weapons charges, and general youthful offenders. DJJ has seen a 73 percent reduction in Out-of-Home population for youth who were committed for offenses that Senate Bill 200 was targeting. This reduction allows more youth with less serious offenses to remain in their communities and receive treatment at home.
Although DJJ is improving with the help of Senate Bill 200, they are still facing challenges. One of these challenges is cross-agency data collection and information sharing, which DJJ and other agencies are working to improve. Another challenge DJJ is facing is the implementation of mandated evidence-based treatment for youth because staff for this is difficult to obtain. Senate Bill 200 required 50 percent of funds spent on treatment services to be spent on evidence-based treatment, this will then stagger to 75 percent of funds being spent on evidence-based treatment. Lastly, DJJ is having a difficult time maintaining staff as a whole; there is a 100 percent turnover rate for frontline workers. Secretary Tilley stated that one of the reasons for this extreme turnover rate is low employee salaries.
Responding to a question from Senator Webb, Commissioner Koebel stated that the Administrative Office of the Courts (AOC) is tracking recidivism for youth who are handled by the FAIR teams. Responding to a follow up question from Senator Webb, Commissioner Koebel stated that community grants required by Senate Bill 200 will be funded with program closures, so the grants have not started.
Responding to a question from Representative Harris, Commissioner Koebel stated that DJJ is looking to see at what level in the system disproportionate minority contact is happening. It appears to DJJ that diversion is being offered more often to Caucasian youth, and DJJ is looking into it.
Responding to Senator Schickel, Commissioner Koebel stated that no status offender should ever be detained, but a youth can be detained on a violation of a valid court order, and although she did not have the number of how many are currently detained she would obtain it.
Kentucky Fraternal Order of Police (FOP) Issues and Concerns
Mike Sweeney, Vice President of the Kentucky Fraternal Order of Police (FOP), and Skylar Graudick, with the state FOP legislative group, presented FOP’s issues and concerns.
The first concern Mr. Sweeney presented was a KLEFPF statute appropriation. KLEFPF stands for the Kentucky Law Enforcement Foundation Program Fund, which is a fund sustained by a surcharge on insurance premiums. It is used to fund the Department of Criminal Justice Training (DOCJT) law enforcement training operations. The Kentucky FOP will advocate for legislation that will make a statutory appropriation to ensure that an appropriation of at least $4000.00 remains during future budget years. The Kentucky FOP plans to seek legislation that includes approximately nine POPS certified county detectives in the program, and that they receive retroactive KLEFPF training incentive stipend pay to July 1, 2016.
Support for first responders is also a concern for the Kentucky FOP. Mr. Sweeny spoke of the violent acts that have occurred over the last several months and police officers who have been the targets of these acts. The Kentucky FOP will support legislation that will seek to condemn violent offenses perpetrated against first responders in Kentucky. These first responders include members of law enforcement, fire fighters, and emergency medical service providers.
Mr. Sweeney spoke of the First Amendment rights for officers. While officers are held to a higher standard, officers are Americans protected by the Constitution and have a right to free speech which is protected while officers are not in uniform or acting in an official capacity. Kentucky FOP will seek legislation that ensures these freedoms can be expressed without fear of disciplinary actions from employers.
Address protection for police officers is another great concern for the Kentucky FOP. Mr. Sweeney stated that there have been multiple instances where officers were attacked at their home when their address was identified in easily accessible public documents. Personal information may be removed from websites, but it is a great financial expense to individual officers. The Kentucky FOP will seek legislation that allows officers to protect their personal identifying information.
A final concern for the Kentucky FOP is recruitment of new officers for the state, and retirement security. Like many other agencies in Kentucky, it is becoming increasingly difficult to recruit new officers, or retain them due to the nature of the position. Mr. Sweeney stated that strengthening retirement security and benefits will better recruit and retain qualified individuals to a career in law enforcement.
Responding to a question from Senator Seum, Mr. Sweeney stated that some branches of the Kentucky FOP do have public membership options.
Responding to a question from Senator Clark, Mr. Sweeney stated that a violent offense against an officer is an assault in the third degree, but many times that charge is amended down to fourth degree assault charge. Responding to a follow up comment from Senator Clark, Mr. Graudick stated that, due to the nature of an officer’s job, violent offenses against officers seem to be expected. This, added with the tension between officers and the public, is hurting morale within law enforcement.
Responding to a question from Senator Webb, Mr. Sweeney stated that officers rights, and their ability to exercise them, usually depends on the size of the department he/she works for. Responding to a follow up question from Senator Webb, Mr. Graudick discussed a time he was able to interact with children in his community. He stated that he believed that officers can interact with their communities in a positive way, but officers should have more protections.
Licensure of Land Title Insurance Agents
Michelle Turner, President of the Kentucky Land Title Association, and Brandon Gross, attorney with Morgan & Pottinger, presented a model bill for consideration in front of the committee.
Kentucky is the only state that does not license title agents. During the regular 2015 session, a bill that would have required title agents to be certified and licensed was proposed but did not pass. The bill has been made Kentucky specific. In Kentucky, title agents are not required to have a license even though they handle most of the paperwork during a real estate closing. The bill would have brought uniformity, increased competency, and made dual Continuing Legal Education (CLEs) credits available. The cost of a license would have been about $50. Ms. Turner said that the bill would not have required any appropriations and would helped protect people.
Responding to a question from Representative Harris, Mr. Gross stated that anyone can be authorized by a title insurer to be an agent. Once someone is authorized, he or she can work on a closing. It is not considered an unauthorized practice of law if an attorney is involved in the process. The bill would have made title agents liable for their actions, and they would have been regulated by the Department of Insurance.
Responding to a question from Representative Nicholls, Mr. Gross stated that the bill would have required a test to obtain a license. Licensed attorneys would have been exempt.
There being no further business, the meeting was adjourned at 12:13 PM.