HB 396/CI/LM (BR 434) - K. Moser, J. Nemes, M. Dossett, G. Watkins

     AN ACT relating to crimes and punishments and making an appropriation therefor.
     Amend KRS 186.990 to reclassify select non-DUI traffic and licensure offenses from misdemeanors to violations; increase the felony threshold for registering a vehicle out of state to avoid taxation from $500 to $2,000 and create a Class B misdemeanor level for offenses of less than $100; amend KRS 186.991 to reclassify offenses related to truck or tractor dealer-demonstrator tags from Class B misdemeanors to violations; amend KRS 186A.990 to reclassify offenses related to temporary motor vehicle tags from Class B misdemeanors to violations, and offenses without prescribed penalties from Class A misdemeanors to violations; amend KRS 189.990 to reclassify a second offense of disregarding a traffic regulation from a Class B misdemeanor to a violation, and misuse of an off-road vehicle from a Class A misdemeanor to a violation; amend KRS 304.99-060 to reclassify the first and second offenses of driving without and failing to maintain proper security from Class B and A misdemeanors to violations; amend KRS 138.465 to conform; amend KRS 194A.990, 205.8461, 205.8463, 217.181, 238.995, 304.47-020, 341.990, 365.241, 434.650, 434.655, 434.660, 434.670, 434.690, 434.850, 434.851, 434.853, 514.030, 514.040, 514.050, 514.060, 514.070, 514.080, 514.090, 514.110, 514.120, 516.120, and 517.060 to increase the felony threshold for offenses from $500 to $2,000 and create a Class B misdemeanor level for offenses of $100 or less; amend KRS 218A.1415 to reclassify first degree possession of a controlled substance from a Class D felony to a Class A misdemeanor for first and second offenses, require probation to be imposed for the offense unless the defendant has been convicted of certain violent or sexual offenses within the last five years, and allow the court to order a substance abuse assessment and treatment referral based on the recommendation of the treatment or service provider; amend KRS 218A.1416 to reclassify the penalty for second degree possession of a controlled substance from a Class A misdemeanor to a Class B misdemeanor; amend KRS 218A.14151 to revise findings to be made by the prosecutor if entry into a deferred prosecution program is denied and to require the prosecutor to state reasons for the requirement of a criminal conviction; amend KRS 511.040 to exclude motor vehicles, with the exception of recreational vehicles, from the definition of “building” for the purposes of third degree burglary; amend KRS 439.250 to revise definition of parole compliance credits and establish definitions for probation compliance credits, technical violations, and absconding; amend KRS 446.010 to revise definitions for pretrial risk assessment, supervised individual, and treatment; create a new section of KRS 439.250 to 439.560 to establish an administrative parole process that allows inmates serving a sentence for a Class C or D felony offense that is not a violent or sexual offense to be released at the parole eligibility date without a hearing if the inmate does not commit a serious disciplinary violation, unless the victim or Commonwealth’s attorney requests a hearing; amend KRS 439.340 and 439.3406 to conform; amend KRS 439.553 to require graduated sanctions to be used in response to technical violations and absconding violations; amend KRS 532.260 to allow inmates with 12 months or less to serve on their sentence to be eligible for home incarceration, require a risk and needs assessment to be conducted for offenders placed on home incarceration, and allow graduated sanctions to be used in response to technical violations committed while on home incarceration; amend KRS 439.3107 to require the Department of Corrections to adopt a system of graduated sanctions for absconding violations; amend KRS 439.3108 to require graduated sanctions to be used for the first absconding violation unless the parole officer determines the individual has committed new criminal activity during the absconding period or the individual is on supervision for a sexual or violent offense; allow the Department of Corrections to use graduated sanctions for the second and subsequent absconding violation; amend KRS 439.341 to require preliminary hearings for supervised individuals who have been detained for a technical violation to be conducted within 15 days of detainment; require a show cause hearing to be held to extend the period of detainment beyond the 15 days, otherwise the supervised individual will be released and continued on supervision; prohibit the period of detainment pending final revocation hearing to exceed the length of the revocation limitations established in KRS 439.430 or 533.050; amend KRS 439.315 to require fees to be waived for individuals placed on administrative supervision; require fees to be suspended for the first six months of a person’s term of community supervision following release from custody, unless the releasing authority determines the individual has an ability to pay; clarify that nonpayment of fines, fees, and court courts must be willful in order to be considered a technical violation and grounds for revocation; amend KRS 439.430 to allow a summons to be issued in lieu of a warrant for a technical violation; require a preliminary hearing and revocation hearing to be conducted before a parole can be revoked; require the final revocation hearing to be conducted within 30 business days of the date of the preliminary hearing; limit the term of imprisonment that can be imposed for a technical violation to up to 30 days for the first revocation, up to 90 days for the second revocation, up to 180 days for the third revocation, and up to two years for the fourth and subsequent revocation; repeal KRS 439.440; amend KRS 533.020 to reduce the maximum probation period that can be ordered from five years to four years and make conforming amendments; amend KRS 533.050 to require a final revocation hearing to be held within 30 business days of the preliminary hearing; prohibit individuals detained pending a final revocation hearing from being held beyond the maximum time that can be revoked for a technical violation; limit the term of imprisonment that can be imposed for a technical violation to up to 30 days for the first revocation, up to 90 days for the second revocation, up to 180 days for the third revocation, and up to two years for the fourth and subsequent revocation; create a new section of KRS 439.250 to 439.560 to establish probation credits; amend KRS 439.345 to remove the requirement that a parolee serve one or two years on supervision before being eligible for certain credits and incentives and add a conforming amendment; amend KRS 441.127 to expand credits available to misdemeanors; amend KRS 439.3105 to expand eligibility for administrative supervision to allow individuals with remaining financial obligations to be placed on administrative supervision, and require individuals who are low-risk and served six months on active supervision without a violation of the terms and conditions of supervision to be placed on administrative supervision; create a new section of KRS 439.250 to 439.560 to establish a geriatric parole review process that allows inmates convicted of a nonviolent and nonsex offense who have reached the age of 65 years and served at least fifteen percent of their sentence to be considered for parole release by the board; amend KRS 439.3405 to expand eligibility for medical parole to inmates who have a physical or mental disability that renders them incapable of being a danger to society and requires the Parole Board to notify inmates in writing when a medical parole consideration has been denied; amend KRS 534.020 to require an installment plan set up for repayment of court costs and fees to be determined based on defendant’s discretionary income; allow installment plans to be extended to the defendant’s term of supervision; allow community service to be used in lieu of revocation for nonpayment of financial obligations; amend KRS 431.066 to limit the use of monetary bail to certain high-risk defendants and create a preventative detention process for defendants of select risk levels and charge types; create a new section of KRS Chapter 431 to establish a preventative detention hearing process and define the limited circumstances in which monetary bail can be imposed; amend various statutes to conform; repeal KRS 431.021; amend KRS 15.718 to require training for prosecutors related to victims’ statutory rights, including but not limited to the use of victim impact statements at sentencing; amend KRS 21A.170 to require training for judges related to victims’ statutory rights, including but not limited to the use of victim impact statements at sentencing; amend KRS 421.570 to require training for victim advocates related to victims’ statutory rights, including but not limited to the use of victim impact statements and the submission of claims through the Kentucky Claims Commission; amend KRS 15A.075 to expand duties and responsibilities of the Criminal Justice Council to include tracking the implementation of this Act; amend KRS 196.031 to expand duties and responsibilities of the Justice and Public Safety Cabinet to collect and maintain data related to the implementation of this Act; create new sections of KRS Chapter 196 to create a fiscal incentive grant fund and a fiscal incentive grant program; provide a sunset provision for the fund and program; APPROPRIATION; EFFECTIVE in part January 1, 2019.