| Last Action | 03/27/26: to Rules (S) |
|---|---|
| Title | AN ACT relating to alternative sentences. |
| Bill Documents |
Current
Introduced |
| Fiscal Impact Statements |
Corrections Impact
Local Mandate |
| Bill Request Number | 1929 |
| Sponsors | J. Adams, B. Storm, G. Neal |
| Summary of Original Version | Create a new section of KRS Chapter 533 to define terms; require the court, upon conviction of the defendant, to consider the defendant's status as a caretaker of a dependent child; provide that a court's determination of a defendant's status as a caretaker of a dependent child shall not be admissible as evidence or be determinative in any subsequent proceeding; provide that the defendant shall have the right to present an alternative sentencing plan and a family impact statement to the court; provide that in issuing an alternative sentence, the court may require the defendant to participate in programs and services that support the parent-child relationship; provide that the court may modify or revoke the alternative sentence and commit the defendant to an institution if the defendant fails to adhere to or complete the conditions of an alternative sentence; amend KRS 610.340 to provide that a court determining whether to impose an alternative sentence for a defendant who is a caretaker of a dependent child has access to court records under KRS Chapters 600 to 645; provide that the Act may be cited as the Family Preservation and Accountability Act. |
| Index Headings of Original Version |
Crimes And Punishments - Primary caretaker of a dependent child, eligibility, conditions of sentence Crimes And Punishments - Primary caretaker of a dependent child, finding, effect on another proceeding Criminal Procedure - Primary caretaker of a dependent child, eligibility, conditions of sentence Criminal Procedure - Primary caretaker of a dependent child, finding, effect on another proceeding Parental Rights - Primary caretaker of a dependent child, eligibility, conditions of sentence Parental Rights - Primary caretaker of a dependent child, finding, effect on another proceeding Public Safety - Primary caretaker of a dependent child, eligibility, conditions of sentence Public Safety - Primary caretaker of a dependent child, finding, effect on another proceeding Short Titles And Popular Names - Family Preservation and Accountability Act Corrections Impact - Primary caretaker of a dependent child, eligibility, conditions of sentence Local Mandate - Primary caretaker of a dependent child, eligibility, conditions of sentence Children And Minors - Primary caretaker of a dependent child, eligibility, conditions of sentence Children And Minors - Primary caretaker of a dependent child, finding, effect on another proceeding Courts - Primary caretaker of a dependent child, eligibility, conditions of sentence Courts - Primary caretaker of a dependent child, finding, effect on another proceeding |
| Jump to Proposed Amendments |
Senate Floor Amendment 1 House Floor Amendment 1 House Floor Amendment 2 |
| Votes | Vote History |
| 01/23/26 |
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| 01/27/26 |
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| 01/29/26 |
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| 01/30/26 |
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| 02/19/26 |
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| 02/23/26 |
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| 02/25/26 |
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| 02/26/26 |
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| 03/17/26 |
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| 03/19/26 |
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| 03/20/26 |
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| 03/24/26 |
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| 03/27/26 |
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| Amendment | Senate Floor Amendment 1 |
|---|---|
| Sponsor | B. Storm |
| Summary | Remove original provisions; amend KRS 533.010 to allow a sentencing court to consider if the defendant is a caretaker; establish criteria for the court to consider if a defendant is a caretaker; allow the court to order a defendant to participate in various programs or services. |
| Index Headings |
Courts - Probation, caretaker status, conditions Crimes And Punishments - Probation, caretaker status, conditions Criminal Procedure - Probation, caretaker status, conditions |
| Amendment | House Floor Amendment 1 |
|---|---|
| Sponsor | J. Nemes |
| Summary | Retain original provisions, except create a new section of KRS Chapter 403 to prohibit the removal from custody or the reduction in parenting time of a party solely for improvement of relationship between the child and the other party where the court has made a finding of domestic violence or abuse; require orders remediating the resistance of a child to contact with a violent or abusive parent to primarily address the behavior of that parent; amend KRS 403.270 to require a court to consider allegations of domestic violence or abuse and make written findings on the record prior to consideration of other factors relevant to determination of custody; add malicious false allegations of child abuse as a factor to be considered in custody determinations; amend KRS 403.290 to require paid visitation supervisors and parenting coordinators in custody proceedings to receive specialized training; amend KRS 403.315 to provide for a rebuttable presumption that joint custody and shared equal parenting time are not in the best interests of the child where the court finds that a party has committed 2 or more acts of domestic violence or abuse against another party; require a parent found to have committed 2 or more acts of domestic violence or abuse against another party to undergo counseling or treatment prior to being awarded custody of a child; allow victim advocates to attend evidentiary hearings in orders of protection proceedings involving minors; allow victim advocates to attend evidentiary hearings on interpersonal orders of protection proceedings involving minors; amend KRS 202A.011 to define "benefit from treatment," "individual with a mental illness," and "serious mental illness"; remove "mentally ill person" and redefine "danger"; amend KRS 202A.028 to allow the county attorney to make a motion for the judge to review the certification of an examination by a qualified mental health professional; require that a person not be involuntarily hospitalized based solely on his or her failure to comply with court ordered conditions; create a new section of KRS Chapter 202A to allow the county attorney to make a motion for the judge to review the certification of an examination by a qualified mental health professional if the respondent is released prior to a preliminary hearing; require that a person not be involuntarily hospitalized based solely on his or her failure to comply with court ordered conditions; amend KRS 202A.051 to allow the county attorney to make a motion prior to the respondent's discharge for the court to order the respondent to participate in court ordered outpatient psychiatric treatment; require that a person not be involuntarily hospitalized based solely on his or her failure to comply with court ordered conditions; amend KRS 202A.053 to allow a court that has ordered a respondent to participate in outpatient psychiatric treatment to transfer the case back to the respondent's county of resident; allow the court to retain venue if the county attorney has filed a certification review hearing; amend KRS 202A.061 to allow the county attorney to make a motion for the judge to review the certification of an examination by a qualified mental health professional; require that a person not be involuntarily hospitalized based solely on his or her failure to comply with court ordered conditions; create new sections of KRS Chapter 202A to require the court to appoint an outpatient provider for every person who is ordered to community-based outpatient treatment; require a multidisciplinary team to regularly monitor a person's adherence to community-based outpatient treatment; allow a court or an authorized staff physician to order a 72-hour emergency admission to a hospital for every person who fails to comply with an order for community-based outpatient treatment; require the court to conduct a review hearing prior to the expiration or request for early release by a hospital of a period of involuntary hospitalization for who have been found incompetent to stand trial within the past 12 months; amend KRS 202A.0819 to allow a court to order a person who is receiving assisted outpatient treatment to comply with any other reasonable conditions; amend KRS 202A.0823 to allow a court to determine if a person should be ordered to receive specific care in line with his or her treatment plan; amend KRS 202A.091 to allow a petitioner who qualifies as a responsible party under KRS 311.631 to participate in an involuntary hospitalization proceeding and receive the respondent's discharge plan; amend KRS 202A.101 to allow a person to be transported to a hospital without a copy of the petition for involuntary hospitalization when a court orders it under KRS 202A.028 and 202A.061; create a new section of KRS Chapter 202A to allow the court to enter consent orders of outpatient treatment upon agreement of the parties; create a new section of KRS Chapter 202A to require the Cabinet for Health and Family Services and the Administrative Office of the Courts to submit an annual report beginning October 1, 2027 to the Legislative Research Commission; including various data points regarding proceedings under KRS Chapter 202A; require the Cabinet for Health and Family Services to provide a report to the Legislative Research Commission regarding services available to individuals receiving treatment under KRS Chapter 202A and 202C; amend KRS 202C.010 to amend the definition of "evidentiary hearing"; amend "individual with a mental illness" and remove "mentally ill person"; amend KRS 202C.020 to establish the duties and pay for the guardian ad litem in a 202C proceeding; amend KRS 202C.030 to extend the date of the evidentiary hearing from 20 to 45 days, unless the court orders a later hearing date for good cause shown; prohibit the respondent from using the insanity defense; amend KRS 202C.040 to extend the date of the commitment hearing from 20 to 45 days, unless the court orders a later hearing date for good cause shown; establish the duties of the guardian ad litem; amend KRS 202C.050 to remove criteria to be committed under this chapter; amend KRS 202C.060 to provide that after the initial standard review hearing, subsequent review hearings shall occur once every 2 years unless a material change has occurred; require competency evaluations to be conducted at least once every 2 years; amend KRS 202C.130 to include notice of motions filed by forensic psychiatric facilities to the Commonwealth and all other parties of record; amend various sections to conform; repeal KRS 202A.081, relating to court-ordered community-based outpatient treatment; require the Cabinet for Health and Family Services and the Department for Behavioral Health, Developmental and Intellectual Disabilities to engage the services of the Treatment Advocacy Center to create a statewide training program; EFFECTIVE, October 1, 2026. |
| Index Headings |
Civil Procedure - Child custody proceedings, domestic violence or abuse, determination of custody, factors Civil Procedure - Involuntary hospitalization proceedings, individuals with mental illness, outpatient treatment Civil Procedure - 202C proceedings, extended time between hearings Civil Procedure - Involuntary hospitalization proceedings, hearings, prior to discharge Courts - Child custody proceedings, domestic violence or abuse, determination, factors Courts - Child custody proceedings, domestic violence or abuse, written findings Courts - Paid visitation supervisors, child custody proceedings, training Courts - Parenting coordinators, child custody proceedings, training Courts - Victim advocates, orders of protection involving minors, evidentiary hearings, attendance Courts - Involuntary hospitalization proceedings, individuals with mental illness, outpatient treatment Courts - 202C proceedings, extended time between hearings Courts - Involuntary hospitalization proceedings, hearings, prior to discharge Courts, Circuit - Child custody proceedings, domestic violence or abuse, determination of custody, factors Courts, Family - Custody proceedings, domestic violence or abuse, determination of custody, factors Domestic Relations - Child custody proceedings, domestic violence or abuse, determination of custody, factors Effective Dates, Delayed - Paid visitation supervisors, child custody proceedings, training, January 1, 2027 Parental Rights - Custody proceedings, domestic violence or abuse, determination of custody, factors Mental Health - Involuntary hospitalization proceedings, individuals with mental illness, outpatient treatment Mental Health - Involuntary hospitalization proceedings, hearings, prior to discharge Children And Minors - Custody proceedings, domestic violence or abuse, determination of custody, factors Civil Actions - Child custody proceedings, domestic violence or abuse, determination of custody, factors Civil Actions - Involuntary hospitalization proceedings, individuals with mental illness, outpatient treatment Civil Actions - Involuntary hospitalization proceedings, hearings, prior to discharge Civil Actions - 202C proceedings, extended time between hearings |
| Amendment | House Floor Amendment 2 |
|---|---|
| Sponsor | J. Nemes |
| Summary | Make title amendment. |
| Index Headings | Title Amendments - SB 122/GA |
Last updated: 3/30/2026 4:42 PM (EDT)