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House Bill 361

Actions | Amendments
Last Action 04/24/20: signed by Governor (Acts Ch. 109)
Title AN ACT relating to prisoners and declaring an emergency.
Bill Documents Current/Final
Introduced
Fiscal Impact Statements Corrections Impact
Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 449
Sponsors D. Frazier, J. Petrie, R. Brenda, M. Meredith, P. Pratt
Summary of Original Version Amend KRS 441.520, relating to the transfer of prisoners, to require an agreement between an originating and receiving jail before ordering the transfer of a prisoner; specify that if a transfer is ordered before receiving an agreement, the receiving jail shall not be required to house the prisoner nor shall the receiving jail's jailer be subject to contempt; outline what a receiving jail may charge for housing a transferred prisoner; require a sheriff to transport the transferred prisoner; require a Circuit Judge to review his or her transfer order every 60 days; amend KRS 441.530 to conform; amend KRS 532.100, relating to the placement of state prisoners, to provide for the transfer of state prisoners from jails at or over 150% capacity; allow a jail to place county prisoners in an area usually reserved for state prisoners if that area has vacant beds; amend KRS 197.020, 439.3407, 441.005, 441.045, 441.146, and 533.025 to conform: EMERGENCY.
Index Headings of Original Version Corrections Impact - Department of Corrections, state prisoners, transfer of
Local Mandate - Prisoners, transfer of
Courts - Prisoners, transfer of
Crimes and Punishments - Prisoners, transfer of
Criminal Procedure - Prisoners, transfer of
Jails and Jailers - Prisoners, transfer of
Sheriffs - Prisoners, transfer of
State Agencies - Department of Corrections, state prisoners, transfer of
Effective Dates, Emergency - Prisoners, transfer of
Jump to Proposed Amendments House Committee Substitute 1 with Fiscal Impact Statements
House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
House Floor Amendment 4
House Floor Amendment 5
Votes Vote History

Actions

Top | Amendments
01/31/20
  • introduced in House
02/03/20
  • to Judiciary (H)
  • posted in committee
02/19/20
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
  • floor amendment (1) filed to bill, floor amendment (2) filed to Committee Substitute
02/20/20
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Friday, February 21, 2020
03/02/20
  • floor amendment (3) filed to Committee Substitute
03/04/20
  • floor amendment (4) filed to Committee Substitute, floor amendment (5) filed to bill
03/05/20
  • 3rd reading, passed 93-1 with Committee Substitute (1), and floor amendments (3) and (4)
03/06/20
  • received in Senate
03/10/20
  • to Judiciary (S)
03/17/20
  • taken from Judiciary (S)
  • 1st reading
  • returned to Judiciary (S)
03/18/20
  • taken from Judiciary (S)
  • 2nd reading
  • returned to Judiciary (S)
03/19/20
  • reported favorably, to Rules
04/14/20
  • posted for passage in the Regular Orders of the Day for Tuesday, April 14, 2020
  • 3rd reading, passed 31-1
  • received in House
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/24/20
  • signed by Governor (Acts Ch. 109)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Fiscal Impact Statements Corrections Impact to House Committee Substitute 1
Local Mandate to House Committee Substitute 1
Summary Clarify that the originating jail's sheriff shall be responsible for the transportation of any prisoner transferred pursuant to Section 1.
Index Headings Courts - Prisoners, transfer of
Crimes and Punishments - Prisoners, transfer of
Criminal Procedure - Prisoners, transfer of
Jails and Jailers - Prisoners, transfer of
Sheriffs - Prisoners, transfer of
State Agencies - Department of Corrections, state prisoners, transfer of

Amendment House Floor Amendment 1
Sponsor J. Hoover
Summary Delete the requirement that a state prisoner can only be transferred by the Department of Corrections from a jail that is over 150% capacity.
Index Headings Courts - Prisoners, transfer of
Crimes and Punishments - Prisoners, transfer of
Criminal Procedure - Prisoners, transfer of
Jails and Jailers - Prisoners, transfer of
Sheriffs - Prisoners, transfer of
State Agencies - Department of Corrections, state prisoners, transfer of

Amendment House Floor Amendment 2
Sponsor J. Hoover
Summary Delete the requirement that a state prisoner can only be transferred by the Department of Corrections from a jail that is over 150% capacity.
Index Headings Courts - Prisoners, transfer of
Crimes and Punishments - Prisoners, transfer of
Criminal Procedure - Prisoners, transfer of
Jails and Jailers - Prisoners, transfer of
Sheriffs - Prisoners, transfer of
State Agencies - Department of Corrections, state prisoners, transfer of

Amendment House Floor Amendment 3
Sponsor K. Moser
Summary Specify that the receiving jail cannot charge a per diem that exceeds the combined cost of the prisoner's room and board, administrative processing or booking, and any evidence-based programming the prisoner receives.
Index Headings Courts - Prisoners, transfer of
Crimes and Punishments - Prisoners, transfer of
Criminal Procedure - Prisoners, transfer of
Jails and Jailers - Prisoners, transfer of
Sheriffs - Prisoners, transfer of

Amendment House Floor Amendment 4
Sponsor D. Osborne
Summary Create the Jail and Corrections Reform Task Force; outline task force membership; require the task force to meet monthly during the 2020 interim; require the task force to submit findings and recommendations to the Legislative Research Commission by December 1, 2020.
Index Headings Crimes and Punishments - Jail and Corrections Reform Task Force, creation of
Criminal Procedure - Jail and Corrections Reform Task Force, creation of
Jails and Jailers - Jail and Corrections Reform Task Force, creation of
Legislative Research Commission - Jail and Corrections Reform Task Force, creation of
Task Forces, Legislative Branch - Jail and Corrections Reform Task Force, creation of

Amendment House Floor Amendment 5
Sponsor D. Osborne
Summary Create the Jail and Corrections Reform Task Force; outline task force membership; require the task force to meet monthly during the 2020 interim; require the task force to submit findings and recommendations to the Legislative Research Commission by December 1, 2020.
Index Headings Crimes and Punishments - Jail and Corrections Reform Task Force, creation of
Criminal Procedure - Jail and Corrections Reform Task Force, creation of
Jails and Jailers - Jail and Corrections Reform Task Force, creation of
Legislative Research Commission - Jail and Corrections Reform Task Force, creation of
Task Forces, Legislative Branch - Jail and Corrections Reform Task Force, creation of

Last updated: 10/27/2020 12:10 PM (EDT)
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