04RS HB161

HB161

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HB 161 (BR 419) - G. Lindsay

     AN ACT relating to the Justice Cabinet.
     Amend KRS 15.280, relating to the criminal justice analysis center, to place it in Chapter 15A, relating to the justice cabinet, and to move its administration to the office of the secretary; amend KRS 15A.040, relating to the criminal justice council, to remove all references thereto and to provide that the office of the secretary shall assume remaining functions; amend KRS 15.030, relating to organizational units of the Justice Cabinet, to remove the criminal justice council; amend KRS 15A.060 to provide that the office of the secretary shall administer federally supported criminal justice programs; amend KRS 17.131, relating to the unified criminal justice information system to provide that the secretary and the chief information officer shall, with the assistance of the director of AOC, administer the system; amend KRS 31.015, 196.701, 210.502, and 403.700, to conform; make technical corrections to KRS 15A.011, 15A.090, 15A.160, 16.010, 16.080, 16.090, 196.035, 196.075, 197.010, 197.020, 197.110, 197.500, 439.250, 439.470, 439.580, and 441.005; provide that all funds, assets, credits, appropriations, obligations, equipment, records, and files, of the criminal justice council shall be retained by the justice cabinet; and repeal KRS 15A.042, 15A.120, 15A.130, 15A.170, 15A.180, 15A.270, 17.080, and 30A.055.

HB 161 - AMENDMENTS


     HCS - Insert language creating a new section of KRS Chapter 15 to create a criminal justice council composed of 11 members to undertake duties as assigned by the secretary of justice or the General Assembly and which meets at the call of the secretary of justice.

     HFA (1, K. Stein) - Amend to include the Deputy Public Advocate of Kentucky and a representative of the Commonwealth's Attorneys Association to the members of the Criminal Justice Council created in this Act; make technical corrections.

     SCS - Amend so that the Public Advocate, rather than the Deputy Public Advocate, is a member of the committee.

     SFA (1, W. Blevins) - Retain original provisions of bill and amend KRS 197.505, relating to privatization of prisons, to prohibit the state from entering into new contracts with private providers to establish new prisons or operate or manage other existing prisons; to allow the state to renew contracts with private providers, but prohibit extending such contracts to establish new prisons or to operate or manage prisons not originally contracted for; to provide that the Act applies retroactively to contracts entered into on or after January 1, 2004; EMERGENCY.

     SFA (2/Title, W. Blevins) - Make title amendment.

     SFA (3, R. Stivers) - Attach the provisions, HB 43, HB 409/HCS, HB 410, and HB 389/HCS; retain original provisions of bill and create a new section of KRS Chapter 70 to require sheriffs to notify the public of sex offenders living within the county who are required to perform lifetime notification, permit notification on other sex offenders; create a new section of KRS Chapter 532 to permit convicts selected by the Department of Corrections to serve the final 60 days of their sentence on home incarceration with a monitoring device; permit the inmate to be charged with escape if they violate the provisions of home incarceration; amend KRS 17.500 relating to sex offender registration to clarify that a person convicted of violation of KRS 530.064 relating to unlawful transaction with a minor to require registration only when the person has caused a minor to engage in illegal sexual activity and to require certain provisions to be retroactive and apply to persons convicted before, on, or after the effective date; establish that any person who is not covered under the Act after the effective date does not have to register as a sex offender, unless required to do so pursuant to another provision of law; require a registered sex offender who is no longer required to register as a sex offender under this Act to apply to the deputy commissioner of Local Facilities and Community Services of the Department of Corrections for a document indicating that the person is no longer required to register as a sex offender; require the deputy commissioner, after performing a record check and verifying identity, to notify the applicant as to whether the applicant is required to register as a sex offender; require the Department of Corrections to promulgate administrative regulations for the application process and for an appeal process; amend various sections of KRS Chapters 17, 197, 439, and 532 to change term "sexual offender" to "sex offender"; amend KRS 454.415, relating to inmate lawsuits, to require exhaustion of all administrative remedies prior to filing of a lawsuit; delete the provision permitting a court to continue an inmate lawsuit while the inmate exhausts administrative remedies.

     SFA (4, J. Denton) - Amend to include amendment to KRS 439.315 to raise the minimum monthly fee for persons on probation, parole, or other form of release subject from $10 to $25.

     SFA (5/P, R. Stivers) - Attach the provisions of HB 43, HB 410, and HB 389/HCS; retain original provisions of bill and create a new section of KRS Chapter 70 to require sheriffs to notify the public of sex offenders living within the county who are required to perform lifetime notification, permit notification on other sex offenders; amend KRS 17.500 relating to sex offender registration to clarify that a person convicted of violation of KRS 530.064 relating to unlawful transaction with a minor to require registration only when the person has caused a minor to engage in illegal sexual activity and to require certain provisions to be retroactive and apply to persons convicted before, on, or after the effective date; establish that any person who is not covered under the Act after the effective date does not have to register as a sex offender, unless required to do so pursuant to another provision of law; require a registered sex offender who is no longer required to register as a sex offender under this Act to apply to the deputy commissioner of Local Facilities and Community Services of the Department of Corrections for a document indicating that the person is no longer required to register as a sex offender; require the deputy commissioner, after performing a record check and verifying identity, to notify the applicant as to whether the applicant is required to register as a sex offender; require the Department of Corrections to promulgate administrative regulations for the application process and for an appeal process; amend various sections of KRS Chapters 17, 197, 439, and 532 to change term "sexual offender" to "sex offender"; amend KRS 454.415, relating to inmate lawsuits, to require exhaustion of all administrative remedies prior to filing of a lawsuit; delete the provision permitting a court to continue an inmate lawsuit while the inmate exhausts administrative remedies.

     Jan 6-introduced in House
     Jan 7-to Judiciary (H)
     Jan 12-posted in committee
     Feb 11-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 12-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 13, 2004
     Feb 18-floor amendment (1) filed to Committee Substitute
     Feb 19-3rd reading, passed 96-0 with Committee Substitute, floor amendment (1)
     Feb 20-received in Senate
     Feb 25-to Judiciary (S)
     Mar 18-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
     Mar 19-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Wednesday, March 24, 2004; floor amendment (1) filed to Committee Substitute, floor amendment (2-title) filed
     Mar 23-floor amendment (3) filed to Committee Substitute
     Mar 24-taken from the Consent Orders of the Day, placed in the Regular Orders of the Day; passed over and retained in the Orders of the Day
     Mar 25-passed over and retained in the Orders of the Day; floor amendments (4) and (5) filed to Committee Substitute
     Apr 13-passed over and retained in the Orders of the Day


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