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Senate Bill 133

Actions | Amendments
Last Action signed by Governor (Acts, ch. 115)
Title AN ACT relating to crimes and punishments.
Bill Documents Current/Final
Introduced
Impact Statements Corrections Impact
Local Mandate
Bill Request Number 958
Sponsors J. Adams, W. Westerfield, A. Kerr
Summary of Original Version Amend KRS 441.055 to require the Department of Corrections to promulgate administrative regulations for the jails that require adequate nutrition for pregnant inmates, adequate feminine hygiene products, and an appropriate number of undergarments for female inmates; create a new section of KRS Chapter 196 to require that pregnant inmates be restrained solely with handcuffs in front of the body unless further restraint is required to protect herself or others; ban the shackling of female inmates; amend KRS 197.020 to require the Department of Corrections to create a classification process for jails that may house female state inmates; amend KRS 532.100 to require a jail be certified before housing any female state inmates and provide a delayed effective date of January 1, 2019; amend KRS 403.725 to allow orders of protection to be filed at a domestic violence shelter or a rape crisis shelter; amend KRS 456.030 to allow interpersonal protective orders to be filed at a domestic violence shelter or a rape crisis shelter; create a new section of KRS Chapter 15 to require the reporting of allegations of sexual assaults by a jailer or any employee, contractor, vendor, or volunteer of a supervising entity to the Attorney General's Office for investigation; create a new section of KRS Chapter 439 to allow an eligible pregnant woman to be released from custody; amend KRS 431.517 to prohibit an offender charged with an offense under KRS Chapter 507 from pretrial home incarceration unless the judge makes a finding that the offender does not pose a threat to society; amend KRS 434.650, 434.655, 434.660, 434.670, 434.690, 514.030, 514.040, 514.050, 514.060, 514.070, 514.080, 514.090, 514.110, 514.120, and 517.060 to raise the threshold level for a Class D felony for various fraud and theft crimes from $500 to $1,000 if the person has not been convicted twice of the same offense in the last two years; amend KRS 439.3401 to make criminal attempt to commit murder of a peace officer or a firefighter an offense for which at least 85 percent of the sentence must be served before probation or parole; amend KRS 431.066 to eliminate monetary bond except for high-risk defendants who have not been charged with a violent or sexual offense; provide that when a court is making a bail determination for a defendant, it is based on whether a defendant poses a low, moderate, or high risk; create a new section of KRS Chapter 431 to provide that when a defendant poses a low or moderate risk and has been charged with a violent or sexual offense or poses a high risk, the court shall determine whether any nonfinancial conditions shall reasonably ensure the appearance of the defendant or the safety of the public; amend various statutes to conform; repeal KRS 431.021 and amend KRS 431.510 to conform; provide a delayed effective date of January 1, 2019, for the monetary bond provisions; provide short title.
Index Headings of Original Version Corrections Impact - Inmate services
Local Mandate - Inmate services
Corrections Impact - Pretrial services
Corrections Impact - Domestic violence
Local Mandate - Pretrial services
Local Mandate - Domestic violence
Attorney General - Sexual assault of inmates, investigation of
Courts - Home incarceration, pretrial, prohibition of
Courts - Monetary bond, elimination of
Courts, Circuit - Monetary bond, elimination of
Courts, District - Monetary bond, elimination of
Crimes and Punishments - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Crimes and Punishments - Home incarceration, pretrial, prohibition of
Crimes and Punishments - Protective orders, filing of
Crimes and Punishments - Sexual assault of inmates, investigation of
Crimes and Punishments - Theft crimes, felony threshold, raising of
Crimes and Punishments - Women inmates, pregnant, release of
Criminal Procedure - Home incarceration, pretrial, prohibition of
Criminal Procedure - Protective orders, filing of
Criminal Procedure - Sexual assault of inmates, investigation of
Criminal Procedure - Theft crimes, felony threshold, raising of
Criminal Procedure - Women inmates, pregnant, release of
Effective Dates, Delayed - BR 958
Firefighters and Fire Departments - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Jails and Jailers - Women inmates, requirements for
Peace Officers and Law Enforcement - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Probation and Parole - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Probation and Parole - Women inmates, pregnant, release of
Women - Inmates, requirements for
Proposed Amendments Senate Committee Substitute 1
Senate Floor Amendment 1
Senate Floor Amendment 2
Senate Floor Amendment 3
Senate Floor Amendment 4
Senate Floor Amendment 5
Votes Vote History

Actions

Top | Amendments
02/06/18
  • introduced in Senate
02/12/18
  • to Health & Welfare (S)
02/23/18
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
02/26/18
  • 2nd reading, to Rules
  • floor amendment (1) filed to Bill, floor amendments (2) & (3) filed to Committee Substitute
02/28/18
  • posted for passage in the Regular Orders of the Day for Friday, March 2, 2018
03/01/18
  • floor amendment (4) filed to Committee Substitute
03/02/18
  • passed over and retained in the Orders of the Day
  • floor amendment (5) filed to Committee Substitute
03/05/18
  • 3rd reading
  • floor amendments (1) and (5) withdrawn
  • passed 33-4 with Committee Substitute (1) & floor amendments (2) (3) and (4)
03/06/18
  • received in House
03/08/18
  • to Judiciary (H)
03/12/18
  • posted in committee
03/21/18
  • reported favorably, 1st reading, to Consent Calendar
03/22/18
  • 2nd reading, to Rules
03/27/18
  • posted for passage in the Regular Orders of the Day for Thursday, March 29, 2018
03/29/18
  • 3rd reading, passed 88-0
  • received in Senate
  • enrolled, signed by President of the Senate
  • enrolled, signed by Speaker of the House
  • delivered to Governor
04/10/18
  • signed by Governor (Acts, ch. 115)

Proposed Amendments

Top | Actions
Amendment Senate Committee Substitute 1
Impact Statements Corrections Impact
Local Mandate
Summary Clarify that no pregnant inmate shall be restrained during labor, transport to a medical facility or birthing center for delivery, or postpartum recovery, unless extraordinary circumstances exist; clarify that orders of protection and interpersonal protective orders may be filed at a domestic violence shelter or a rape crisis shelter if the shelter elects to participate in the filing; delete the requirement to report allegations of sexual assaults by a jailer or any employee, contractor, vendor, or volunteer of a supervising entity to the Attorney General's Office for investigation; clarify that an eligible pregnant woman shall complete inpatient residential treatment; allow for the pretrial administrative release of defendants charged with certain violations and misdemeanors; make conforming amendments; delete pretrial detention and no monetary bail provisions; amend KRS 441.127 to expand credits available to misdemeanants.
Index Headings Corrections Impact - Inmate services
Local Mandate - Inmate services
Corrections Impact - Pretrial services
Corrections Impact - Domestic violence
Local Mandate - Pretrial services
Local Mandate - Domestic violence
Attorney General - Sexual assault of inmates, investigation of
Courts - Home incarceration, pretrial, prohibition of
Courts - Monetary bond, elimination of
Courts, Circuit - Monetary bond, elimination of
Courts, District - Monetary bond, elimination of
Crimes and Punishments - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Crimes and Punishments - Home incarceration, pretrial, prohibition of
Crimes and Punishments - Protective orders, filing of
Crimes and Punishments - Sexual assault of inmates, investigation of
Crimes and Punishments - Theft crimes, felony threshold, raising of
Crimes and Punishments - Women inmates, pregnant, release of
Criminal Procedure - Home incarceration, pretrial, prohibition of
Criminal Procedure - Protective orders, filing of
Criminal Procedure - Sexual assault of inmates, investigation of
Criminal Procedure - Theft crimes, felony threshold, raising of
Criminal Procedure - Women inmates, pregnant, release of
Effective Dates, Delayed - BR 958
Firefighters and Fire Departments - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Jails and Jailers - Women inmates, requirements for
Peace Officers and Law Enforcement - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Probation and Parole - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Probation and Parole - Women inmates, pregnant, release of
Women - Inmates, requirements for

Amendment Senate Floor Amendment 1
Sponsor J. Schickel
Summary Delete language allowing for the pretrial administrative release of defendants charged with certain violations and misdemeanors; delete language pertaining to pretrial detention and limitations on monetary bail.
Index Headings Corrections Impact - Inmate services
Local Mandate - Inmate services
Corrections Impact - Pretrial services
Corrections Impact - Domestic violence
Local Mandate - Pretrial services
Local Mandate - Domestic violence
Attorney General - Sexual assault of inmates, investigation of
Courts - Home incarceration, pretrial, prohibition of
Courts - Monetary bond, elimination of
Courts, Circuit - Monetary bond, elimination of
Courts, District - Monetary bond, elimination of
Crimes and Punishments - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Crimes and Punishments - Home incarceration, pretrial, prohibition of
Crimes and Punishments - Protective orders, filing of
Crimes and Punishments - Sexual assault of inmates, investigation of
Crimes and Punishments - Theft crimes, felony threshold, raising of
Crimes and Punishments - Women inmates, pregnant, release of
Criminal Procedure - Home incarceration, pretrial, prohibition of
Criminal Procedure - Protective orders, filing of
Criminal Procedure - Sexual assault of inmates, investigation of
Criminal Procedure - Theft crimes, felony threshold, raising of
Criminal Procedure - Women inmates, pregnant, release of
Effective Dates, Delayed - BR 958
Firefighters and Fire Departments - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Jails and Jailers - Women inmates, requirements for
Peace Officers and Law Enforcement - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Probation and Parole - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Probation and Parole - Women inmates, pregnant, release of
Women - Inmates, requirements for

Amendment Senate Floor Amendment 2
Sponsor J. Schickel
Summary Delete language allowing for the pretrial administrative release of defendants charged with certain violations and misdemeanors.
Index Headings Corrections Impact - Inmate services
Local Mandate - Inmate services
Corrections Impact - Pretrial services
Corrections Impact - Domestic violence
Local Mandate - Pretrial services
Local Mandate - Domestic violence
Attorney General - Sexual assault of inmates, investigation of
Courts - Home incarceration, pretrial, prohibition of
Courts - Monetary bond, elimination of
Courts, Circuit - Monetary bond, elimination of
Courts, District - Monetary bond, elimination of
Crimes and Punishments - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Crimes and Punishments - Home incarceration, pretrial, prohibition of
Crimes and Punishments - Protective orders, filing of
Crimes and Punishments - Sexual assault of inmates, investigation of
Crimes and Punishments - Theft crimes, felony threshold, raising of
Crimes and Punishments - Women inmates, pregnant, release of
Criminal Procedure - Home incarceration, pretrial, prohibition of
Criminal Procedure - Protective orders, filing of
Criminal Procedure - Sexual assault of inmates, investigation of
Criminal Procedure - Theft crimes, felony threshold, raising of
Criminal Procedure - Women inmates, pregnant, release of
Effective Dates, Delayed - BR 958
Firefighters and Fire Departments - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Jails and Jailers - Women inmates, requirements for
Peace Officers and Law Enforcement - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Probation and Parole - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Probation and Parole - Women inmates, pregnant, release of
Women - Inmates, requirements for

Amendment Senate Floor Amendment 3
Sponsor J. Adams
Summary Delete language raising the threshold level for a Class D felony for various fraud and theft crimes from $500 to $1,000 if the person had not been convicted twice of the same offense in the last two years.
Index Headings Corrections Impact - Inmate services
Local Mandate - Inmate services
Corrections Impact - Pretrial services
Corrections Impact - Domestic violence
Local Mandate - Pretrial services
Local Mandate - Domestic violence
Attorney General - Sexual assault of inmates, investigation of
Courts - Home incarceration, pretrial, prohibition of
Courts - Monetary bond, elimination of
Courts, Circuit - Monetary bond, elimination of
Courts, District - Monetary bond, elimination of
Crimes and Punishments - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Crimes and Punishments - Home incarceration, pretrial, prohibition of
Crimes and Punishments - Protective orders, filing of
Crimes and Punishments - Sexual assault of inmates, investigation of
Crimes and Punishments - Theft crimes, felony threshold, raising of
Crimes and Punishments - Women inmates, pregnant, release of
Criminal Procedure - Home incarceration, pretrial, prohibition of
Criminal Procedure - Protective orders, filing of
Criminal Procedure - Sexual assault of inmates, investigation of
Criminal Procedure - Theft crimes, felony threshold, raising of
Criminal Procedure - Women inmates, pregnant, release of
Effective Dates, Delayed - BR 958
Firefighters and Fire Departments - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Jails and Jailers - Women inmates, requirements for
Peace Officers and Law Enforcement - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Probation and Parole - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Probation and Parole - Women inmates, pregnant, release of
Women - Inmates, requirements for

Amendment Senate Floor Amendment 4
Sponsor J. Adams
Summary Add maintaining a current address with the court as a pregnancy release condition; clarify that an eligible pregnant woman who is housed in a jail that provides treatment for substance use disorders or in a jail that transports prisoners for treatment shall not be released from custody.
Index Headings Corrections Impact - Inmate services
Local Mandate - Inmate services
Corrections Impact - Pretrial services
Corrections Impact - Domestic violence
Local Mandate - Pretrial services
Local Mandate - Domestic violence
Attorney General - Sexual assault of inmates, investigation of
Courts - Home incarceration, pretrial, prohibition of
Courts - Monetary bond, elimination of
Courts, Circuit - Monetary bond, elimination of
Courts, District - Monetary bond, elimination of
Crimes and Punishments - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Crimes and Punishments - Home incarceration, pretrial, prohibition of
Crimes and Punishments - Protective orders, filing of
Crimes and Punishments - Sexual assault of inmates, investigation of
Crimes and Punishments - Theft crimes, felony threshold, raising of
Crimes and Punishments - Women inmates, pregnant, release of
Criminal Procedure - Home incarceration, pretrial, prohibition of
Criminal Procedure - Protective orders, filing of
Criminal Procedure - Sexual assault of inmates, investigation of
Criminal Procedure - Theft crimes, felony threshold, raising of
Criminal Procedure - Women inmates, pregnant, release of
Effective Dates, Delayed - BR 958
Firefighters and Fire Departments - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Jails and Jailers - Women inmates, requirements for
Peace Officers and Law Enforcement - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Probation and Parole - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Probation and Parole - Women inmates, pregnant, release of
Women - Inmates, requirements for

Amendment Senate Floor Amendment 5
Sponsor W. Westerfield
Summary Add maintaining a current address with the court as a pregnancy release condition; Clarify that an eligible pregnant woman, if not yet sentenced, shall be released from custody until she completes inpatient residential treatment or is sentenced pursuant to a final judgement, whichever occurs later; clarify that an eligible pregnant woman, if sentenced, shall be released from custody until she completes inpatient residential treatment or 30 days have passed since giving birth or miscarrying, whichever occurs later; clarify that an eligible pregnant woman who is housed in a jail that provides treatment for substance use disorders or in a jail that transports prisoners for treatment shall not be released from custody.
Index Headings Corrections Impact - Inmate services
Local Mandate - Inmate services
Corrections Impact - Pretrial services
Corrections Impact - Domestic violence
Local Mandate - Pretrial services
Local Mandate - Domestic violence
Attorney General - Sexual assault of inmates, investigation of
Courts - Home incarceration, pretrial, prohibition of
Courts - Monetary bond, elimination of
Courts, Circuit - Monetary bond, elimination of
Courts, District - Monetary bond, elimination of
Crimes and Punishments - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Crimes and Punishments - Home incarceration, pretrial, prohibition of
Crimes and Punishments - Protective orders, filing of
Crimes and Punishments - Sexual assault of inmates, investigation of
Crimes and Punishments - Theft crimes, felony threshold, raising of
Crimes and Punishments - Women inmates, pregnant, release of
Criminal Procedure - Home incarceration, pretrial, prohibition of
Criminal Procedure - Protective orders, filing of
Criminal Procedure - Sexual assault of inmates, investigation of
Criminal Procedure - Theft crimes, felony threshold, raising of
Criminal Procedure - Women inmates, pregnant, release of
Effective Dates, Delayed - BR 958
Firefighters and Fire Departments - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Jails and Jailers - Women inmates, requirements for
Peace Officers and Law Enforcement - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Probation and Parole - Criminal attempt to commit murder of peace officer or firefighter, classification as violent offense
Probation and Parole - Women inmates, pregnant, release of
Women - Inmates, requirements for

Last updated: 1/16/2019 3:00 PM (EST)