Senate Bill 4

Actions | Amendments
Last Action signed by Governor (Act ch. 96)
Title AN ACT relating to crimes and punishments and declaring an emergency.
Bill Documents Bill
Impact Statements Corrections Impact
Bill Request Number 331
Sponsors D. Kelly, E. Worley, W. Blevins Jr., D. Boswell, T. Buford, P. Clark, J. Denton, D. Harper Angel, R. Jones II, G. Neal, J. Rhoads, K. Stein, J. Turner
Summary of Original Version Create a new section of KRS Chapter 196 to require the Department of Corrections to develop an intensive secured substance abuse recovery program for substance abusers seeking or utilizing pretrial diversion in certain circumstances; amend KRS 431.515 to conform; create a new section of KRS 431.510 to 431.550 to require pretrial screening of felony substance abuse offenders and allow testing and treatment as a condition of pretrial release; create a new section of KRS 533.250 to 533.260 to require felony substance abuse offenders to demonstrate suitable participation in and compliance with substance abuse treatment or recovery before being eligible for pretrial diversion; amend KRS 533.250 to allow referral of certain persons on pretrial diversion to the secured recovery program; amend KRS 532.120 to allow credit for time served in the secure treatment facility or a residential treatment facility; EMERGENCY.
Index Headings of Original Version Alcoholism - Pretrial release, effect of substance abuse
Criminal Procedure - Pretrial release, effect of substance abuse
Substance Abuse - Pretrial release, effect of substance abuse
Crimes and Punishments - Pretrial diversion, substance abuse
Criminal Procedure - Pretrial diversion, substance abuse
Substance Abuse - Pretrial diversion, substance abuse
Corrections Impact - Pretrial diversion, substance abuse
Proposed Amendments House Committee Substitute 1
House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
Votes Vote History

Actions

Top | Amendments
12/15/08
  • Prefiled by the sponsor(s).
01/06/09
  • introduced in Senate
01/07/09
  • to Judiciary (S)
01/08/09
  • reported favorably, 1st reading, to Calendar
01/09/09
  • 2nd reading, to Rules
02/04/09
  • posted for passage in the Regular Orders of the Day for Thursday, February 5, 2009
02/05/09
  • 3rd reading, passed 35-0
02/06/09
  • received in House
02/11/09
  • to Judiciary (H)
03/02/09
  • posted in committee
03/04/09
  • reported favorably, 1st reading, to Calendar with Committee Substitute
03/05/09
  • 2nd reading, to Rules
  • floor amendment (1) filed to Committee Substitute, floor amendment (2) filed to the bill
  • posted for passage in the Regular Orders of the Day for Friday, March 6, 2009
03/10/09
  • floor amendment (3) filed to Committee Substitute
03/11/09
  • 3rd reading
  • floor amendment (2) defeated
  • passed 98-0 with Committee Substitute, floor amendment (3)
  • received in Senate
03/12/09
  • posted for passage for concurrence in House Committee Substitute, floor amendment (3)
  • Senate concurred in House Committee Substitute, floor amendment (3)
  • passed 38-0
03/13/09
  • enrolled, signed by each presiding officer
  • delivered to Governor
03/24/09
  • signed by Governor (Act ch. 96)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Impact Statements Corrections Impact
Summary Amend to include additional due process guarantees prior to entry into secure treatment, to require that qualifying substance abuse be recent and relevant, to allow a defendant to offer additional assessment information, and to allow a court to grant full or partial credit for time served if a person leaves a treatment program with good cause.
Index Headings Alcoholism - Pretrial release, effect of substance abuse
Criminal Procedure - Pretrial release, effect of substance abuse
Substance Abuse - Pretrial release, effect of substance abuse
Crimes and Punishments - Pretrial diversion, substance abuse
Criminal Procedure - Pretrial diversion, substance abuse
Substance Abuse - Pretrial diversion, substance abuse
Corrections Impact - Pretrial diversion, substance abuse

Amendment House Floor Amendment 1
Impact Statements Fiscal Note
Piggyback? Yes
Sponsor T. Burch
Summary Attach provisions of HB 490 HCS.
Index Headings Alcoholism - Pretrial release, effect of substance abuse
Criminal Procedure - Pretrial release, effect of substance abuse
Substance Abuse - Pretrial release, effect of substance abuse
Crimes and Punishments - Pretrial diversion, substance abuse
Criminal Procedure - Pretrial diversion, substance abuse
Substance Abuse - Pretrial diversion, substance abuse
Corrections Impact - Pretrial diversion, substance abuse

Amendment House Floor Amendment 2
Impact Statements Fiscal Note
Piggyback? Yes
Sponsor T. Burch
Summary Attach the provisions of HB 490 HCS.
Index Headings Alcoholism - Pretrial release, effect of substance abuse
Criminal Procedure - Pretrial release, effect of substance abuse
Substance Abuse - Pretrial release, effect of substance abuse
Crimes and Punishments - Pretrial diversion, substance abuse
Criminal Procedure - Pretrial diversion, substance abuse
Substance Abuse - Pretrial diversion, substance abuse
Corrections Impact - Pretrial diversion, substance abuse

Amendment House Floor Amendment 3
Sponsor T. Riner
Summary Amend to specify that substance abuse treatment may be obtained from a secular or a faith-based program.
Index Headings Alcoholism - Pretrial release, effect of substance abuse
Criminal Procedure - Pretrial release, effect of substance abuse
Substance Abuse - Pretrial release, effect of substance abuse
Crimes and Punishments - Pretrial diversion, substance abuse
Criminal Procedure - Pretrial diversion, substance abuse
Substance Abuse - Pretrial diversion, substance abuse
Corrections Impact - Pretrial diversion, substance abuse

Last updated: 1/16/2019 4:30 PM (EST)