Kentucky
General Assembly

02/11/11	introduced in House
02/14/11	to Judiciary (H) posting waived taken from Judiciary (H) 1st reading returned to Judiciary (H)
02/15/11	taken from Judiciary (H) 2nd reading returned to Judiciary (H)
02/16/11	reported favorably, to Rules with Committee Substitute, committee amendment (1) posted for passage in the Regular Orders of the Day for Thursday, February 17, 2011 floor amendment (1) filed to Committee Substitute, floor amendment (2) filed
02/17/11	floor amendment (3) filed to Committee Substitute 3rd reading, passed 97-2 with Committee Substitute, floor amendment (3)
02/18/11	received in Senate
02/22/11	taken from Committee on Committees (S) 1st reading returned to Committee on Committees (S) floor amendment (1) filed
02/23/11	taken from Committee on Committees (S) 2nd reading returned to Committee on Committees (S) to Judiciary (S) floor amendment (2) filed
02/24/11	reported favorably, to Rules with Committee Substitute
02/28/11	posted for passage in the Regular Orders of the Day for Monday, February 28, 2011 3rd reading floor amendments (1) and (2) withdrawn passed 38-0 with Committee Substitute received in House posted for passage for concurrence in Senate Committee Substitute House concurred in Senate Committee Substitute passed 96-1
03/01/11	enrolled, signed by each presiding officer delivered to Governor
03/03/11	signed by Governor (Acts ch. 2)

Amendment	House Committee Substitute 1
Impact Statements	Corrections Impact Fiscal Note Local Mandate
Summary	Retain original provisions; amend KRS 446.010 to include faith-based programs in the definition for "treatment"; create a new section of KRS Chapter 27A to establish an index for judges to access to determine eligibility for deferred prosecution or voiding of a conviction under specified provisions; amend provision relating to parole board reconsideration of prisoners to clarify exclusion; amend KRS 197.045 to divide the allowable types of sentencing credits into mandatory and discretionary categories; amend KRS 532.050 to require the inclusion of a preliminary calculation of sentencing credit awarded for prior confinement to be included in a presentence report; amend KRS 532.120 to transfer the responsibility for awarded sentence credit for prior confinement from a sentencing court to the Department of Corrections, except where the credit would entitle the defendant to immediate discharge upon pronouncement of sentence; require Department of Corrections to provide training on evidence-based practices to employees of pretrial services and drug courts; create new method for determining allocation of savings from the new provisions; require jailer to be responsible for monitoring defendant's community service for purposes of recording credit against fines and costs; allow expungement of charges for misdemeanors or violations that were dismissed or amended; amend various other sections to make conforming amendments and technical corrections; add various DELAYED EFFECTIVE DATES.
Index Headings	Local Mandate - Pretrial, probation, modifications to Corrections Impact - Omnibus criminal justice revisions Fiscal Note - Omnibus criminal justice revisions Local Mandate - Pretrial, probation, modifications to Corrections Impact - Omnibus criminal justice revisions Appropriations - Department of Corrections Bail and Pretrial Release - Omnibus revisions Corrections and Correctional Facilities, State - Omnibus revisions Court, Supreme - Annual report and additional guidelines, requirement for Courts - Omnibus criminal justice revisions Courts - Pretrial, probation, modifications to Crime Victims - Offender sentencing information, requirement for Crime Victims - Omnibus criminal justice revisions Crimes and Punishments - Controlled substances, omnibus revisions Crimes and Punishments - Omnibus criminal justice revisions Criminal Procedure - Omnibus criminal justice revisions Effective Dates, Delayed - Omnibus criminal justice revisions Effective Dates, Emergency - Sex offender conditional discharge, parole board authority over Health and Medical Services - Medicaid rate for jail health care, use of Jails and Jailers - Omnibus criminal justice revisions Probation and Parole - Omnibus criminal justice revisions Substance Abuse - Omnibus criminal justice revisions

Amendment	House Committee Amendment 1
Sponsor	B. Yonts
Summary	Insert provisions requiring that medical payments be made within thirty days of billing and delineating security and payment responsibility for county prisoners while in custody and while on a court ordered release.
Index Headings	Local Mandate - Pretrial, probation, modifications to Corrections Impact - Omnibus criminal justice revisions Fiscal Note - Omnibus criminal justice revisions Local Mandate - Pretrial, probation, modifications to Corrections Impact - Omnibus criminal justice revisions Appropriations - Department of Corrections Bail and Pretrial Release - Omnibus revisions Corrections and Correctional Facilities, State - Omnibus revisions Court, Supreme - Annual report and additional guidelines, requirement for Courts - Omnibus criminal justice revisions Courts - Pretrial, probation, modifications to Crime Victims - Offender sentencing information, requirement for Crime Victims - Omnibus criminal justice revisions Crimes and Punishments - Controlled substances, omnibus revisions Crimes and Punishments - Omnibus criminal justice revisions Criminal Procedure - Omnibus criminal justice revisions Effective Dates, Delayed - Omnibus criminal justice revisions Effective Dates, Emergency - Sex offender conditional discharge, parole board authority over Health and Medical Services - Medicaid rate for jail health care, use of Jails and Jailers - Omnibus criminal justice revisions Probation and Parole - Omnibus criminal justice revisions Substance Abuse - Omnibus criminal justice revisions

Amendment	House Floor Amendment 1
Sponsor	J. Stewart III
Summary	Amend KRS 439.340 relating to parole to eliminate the requirement for employment prior to being paroled; amend Section 39 relating to conditional parole to specify that inability to find employment does not disqualify an inmate from release; create a new section of KRS Chapter 439 to specify that lack of employment shall not preclude the parole or other release of an inmate and specify that if a parolee or releasee loses their employment due to economic factors affecting the employer that parole or other release has not been violated, require release of persons currently in prison who have been approved for parole but are awaiting employment; renumber ensuing sections.
Index Headings	Local Mandate - Pretrial, probation, modifications to Corrections Impact - Omnibus criminal justice revisions Fiscal Note - Omnibus criminal justice revisions Local Mandate - Pretrial, probation, modifications to Corrections Impact - Omnibus criminal justice revisions Appropriations - Department of Corrections Bail and Pretrial Release - Omnibus revisions Corrections and Correctional Facilities, State - Omnibus revisions Court, Supreme - Annual report and additional guidelines, requirement for Courts - Omnibus criminal justice revisions Courts - Pretrial, probation, modifications to Crime Victims - Offender sentencing information, requirement for Crime Victims - Omnibus criminal justice revisions Crimes and Punishments - Controlled substances, omnibus revisions Crimes and Punishments - Omnibus criminal justice revisions Criminal Procedure - Omnibus criminal justice revisions Effective Dates, Delayed - Omnibus criminal justice revisions Effective Dates, Emergency - Sex offender conditional discharge, parole board authority over Health and Medical Services - Medicaid rate for jail health care, use of Jails and Jailers - Omnibus criminal justice revisions Probation and Parole - Omnibus criminal justice revisions Substance Abuse - Omnibus criminal justice revisions

Amendment	House Floor Amendment 2
Sponsor	J. Stewart III
Summary	Amend KRS 439.340 relating to parole to eliminate the requirement for employment prior to being paroled; amend Section 39 relating to conditional parole to specify that inability to find employment does not disqualify an inmate from release; create a new section of KRS Chapter 439 to specify that lack of employment shall not preclude the parole or other release of an inmate and specify that if a parolee or releasee loses their employment due to economic factors affecting the employer that parole or other release has not been violated, require release of persons currently in prison who have been approved for parole but are awaiting employment; renumber ensuing sections.
Index Headings	Local Mandate - Pretrial, probation, modifications to Corrections Impact - Omnibus criminal justice revisions Fiscal Note - Omnibus criminal justice revisions Local Mandate - Pretrial, probation, modifications to Corrections Impact - Omnibus criminal justice revisions Appropriations - Department of Corrections Bail and Pretrial Release - Omnibus revisions Corrections and Correctional Facilities, State - Omnibus revisions Court, Supreme - Annual report and additional guidelines, requirement for Courts - Omnibus criminal justice revisions Courts - Pretrial, probation, modifications to Crime Victims - Offender sentencing information, requirement for Crime Victims - Omnibus criminal justice revisions Crimes and Punishments - Controlled substances, omnibus revisions Crimes and Punishments - Omnibus criminal justice revisions Criminal Procedure - Omnibus criminal justice revisions Effective Dates, Delayed - Omnibus criminal justice revisions Effective Dates, Emergency - Sex offender conditional discharge, parole board authority over Health and Medical Services - Medicaid rate for jail health care, use of Jails and Jailers - Omnibus criminal justice revisions Probation and Parole - Omnibus criminal justice revisions Substance Abuse - Omnibus criminal justice revisions

Amendment	House Floor Amendment 3
Sponsor	J. Tilley
Summary	Permit arrest for violation of protective order under provision requiring citation for certain offenses; permit judicial discretion to determine if person poses flight risk or danger as exception to provisions relating to bail and jail credit; require court to document reason for denying release under those provisions; require jailers to track credit earned toward bail for jail stay; permit use of expunged record for limited purpose; amend KRS 441.045 to lower the threshold for accessing state funding for a county prisoner’s medical costs from $2,000 to $1,000; establish a mechanism for the medical provider to directly access that funding; require that payments be made at the Medicaid rate; establish security and payment responsibilities for prisoners in and out of custody; amend KRS 441.206 to conform; create non-codified language directing the promulgation of administrative regulations to implement the direct state fund billing provisions for medical providers to be done in consultation with various affected stakeholders; remove provision relating to an index to be kept by the Administrative Office of the Courts; amend various other sections to make conforming amendments and technical corrections.
Index Headings	Local Mandate - Pretrial, probation, modifications to Corrections Impact - Omnibus criminal justice revisions Fiscal Note - Omnibus criminal justice revisions Local Mandate - Pretrial, probation, modifications to Corrections Impact - Omnibus criminal justice revisions Appropriations - Department of Corrections Bail and Pretrial Release - Omnibus revisions Corrections and Correctional Facilities, State - Omnibus revisions Court, Supreme - Annual report and additional guidelines, requirement for Courts - Omnibus criminal justice revisions Courts - Pretrial, probation, modifications to Crime Victims - Offender sentencing information, requirement for Crime Victims - Omnibus criminal justice revisions Crimes and Punishments - Controlled substances, omnibus revisions Crimes and Punishments - Omnibus criminal justice revisions Criminal Procedure - Omnibus criminal justice revisions Effective Dates, Delayed - Omnibus criminal justice revisions Effective Dates, Emergency - Sex offender conditional discharge, parole board authority over Health and Medical Services - Medicaid rate for jail health care, use of Jails and Jailers - Omnibus criminal justice revisions Probation and Parole - Omnibus criminal justice revisions Substance Abuse - Omnibus criminal justice revisions

Amendment	Senate Committee Substitute 1
Impact Statements	Corrections Impact Fiscal Note Local Mandate
Summary	Retain original provisions, except amend to add definition for "recovery program" in Chapter 218A, relating to controlled substances; amend KRS 218A.1412 to modify trafficking in the first degree; amend various provisions in KRS Chapter 218A to permit the sealing of records for prior possession offenses, and allow those records to be used only for certain purposes; delete provision relating to compliance credits for persons on mandatory reentry supervision; permit state inmates in jails to be eligible for conditional parole; amend KRS 431.015 to provide additional exceptions to citation only; permit Administrative Office of the Courts to create index for certain sealed records; reauthorize task force.
Index Headings	Local Mandate - Pretrial, probation, modifications to Corrections Impact - Omnibus criminal justice revisions Fiscal Note - Omnibus criminal justice revisions Local Mandate - Pretrial, probation, modifications to Corrections Impact - Omnibus criminal justice revisions Appropriations - Department of Corrections Bail and Pretrial Release - Omnibus revisions Corrections and Correctional Facilities, State - Omnibus revisions Court, Supreme - Annual report and additional guidelines, requirement for Courts - Omnibus criminal justice revisions Courts - Pretrial, probation, modifications to Crime Victims - Offender sentencing information, requirement for Crime Victims - Omnibus criminal justice revisions Crimes and Punishments - Controlled substances, omnibus revisions Crimes and Punishments - Omnibus criminal justice revisions Criminal Procedure - Omnibus criminal justice revisions Effective Dates, Delayed - Omnibus criminal justice revisions Effective Dates, Emergency - Sex offender conditional discharge, parole board authority over Health and Medical Services - Medicaid rate for jail health care, use of Jails and Jailers - Omnibus criminal justice revisions Probation and Parole - Omnibus criminal justice revisions Substance Abuse - Omnibus criminal justice revisions

Amendment	Senate Floor Amendment 1
Sponsor	J. Denton
Summary	Amend KRS 210.365 to delete the word "encounter" and replace it with "required police action" in the reference to interactions of law enforcement officers and persons with mental illness; establish that law enforcement officers shall report to their agencies required police action with persons with mental illness, mental illness and substance abuse disorders, mental illness and mental retardation, mental illness and developmental disabilities, and mental illness and dual diagnoses.
Index Headings	Local Mandate - Pretrial, probation, modifications to Corrections Impact - Omnibus criminal justice revisions Fiscal Note - Omnibus criminal justice revisions Local Mandate - Pretrial, probation, modifications to Corrections Impact - Omnibus criminal justice revisions Appropriations - Department of Corrections Bail and Pretrial Release - Omnibus revisions Corrections and Correctional Facilities, State - Omnibus revisions Court, Supreme - Annual report and additional guidelines, requirement for Courts - Omnibus criminal justice revisions Courts - Pretrial, probation, modifications to Crime Victims - Offender sentencing information, requirement for Crime Victims - Omnibus criminal justice revisions Crimes and Punishments - Controlled substances, omnibus revisions Crimes and Punishments - Omnibus criminal justice revisions Criminal Procedure - Omnibus criminal justice revisions Effective Dates, Delayed - Omnibus criminal justice revisions Effective Dates, Emergency - Sex offender conditional discharge, parole board authority over Health and Medical Services - Medicaid rate for jail health care, use of Jails and Jailers - Omnibus criminal justice revisions Probation and Parole - Omnibus criminal justice revisions Substance Abuse - Omnibus criminal justice revisions

Amendment	Senate Floor Amendment 2
Sponsor	J. Denton
Summary	Create a new section of KRS Chapter 202A to permit qualified mental health professionals to conduct an evaluation or examination using telehealth services and require that telehealth services only be provided through the use of interactive video media and forbid the provision of telehealth services through the use of audio-only telephone, facsimile machine, or electronic media.
Index Headings	Local Mandate - Pretrial, probation, modifications to Corrections Impact - Omnibus criminal justice revisions Fiscal Note - Omnibus criminal justice revisions Local Mandate - Pretrial, probation, modifications to Corrections Impact - Omnibus criminal justice revisions Appropriations - Department of Corrections Bail and Pretrial Release - Omnibus revisions Corrections and Correctional Facilities, State - Omnibus revisions Court, Supreme - Annual report and additional guidelines, requirement for Courts - Omnibus criminal justice revisions Courts - Pretrial, probation, modifications to Crime Victims - Offender sentencing information, requirement for Crime Victims - Omnibus criminal justice revisions Crimes and Punishments - Controlled substances, omnibus revisions Crimes and Punishments - Omnibus criminal justice revisions Criminal Procedure - Omnibus criminal justice revisions Effective Dates, Delayed - Omnibus criminal justice revisions Effective Dates, Emergency - Sex offender conditional discharge, parole board authority over Health and Medical Services - Medicaid rate for jail health care, use of Jails and Jailers - Omnibus criminal justice revisions Probation and Parole - Omnibus criminal justice revisions Substance Abuse - Omnibus criminal justice revisions