New Legislation:
The 1998 General Assembly

• Probation must be granted unless one of the factors is found.
• New law does not change KRS 533.060 or KRS 532.045 prohibitions on probation.
• If probation is not granted, probation with an alternative sentencing plan must be granted unless the court finds:

• There is a likelihood the defendant will commit a class c or d felony, or there is a substantial risk he will commit a class a or b felony.
• The court cannot find that there is a likelihood of the defendant committing a class c or d felony where the defendant has no felony record, or where the defendant’s felony is over 10 years old, or where he was released from his previous felony for over 10 years.

• The court can also order probation with alternatives:

• 12 months at a halfway house;
• 12 months home incarceration with or without work release;
• 12 months in jail with or without work release, community service, or other program;
• Residential substance abuse treatment;
• Other counseling, rehabilitation, or treatment;
• The court must set other conditions under each of these alternatives, including work, restitution, and staying away from the victim.

• The court may use a community corrections program under KRS 196.
• The court may sentence alternatively to a community-based, faith-based, charitable, church-sponsored, or nonprofit residential or nonresidential counseling and treatment program.
• The jailer may deny work release to class d felons for violating jail rules.
• The presentence investigation report must identify the counseling, treatment, educational, and rehabilitation needs of the defendant and the programs either available or not to meet the needs.
• KRS 532.210 is amended to allow the sentencing court to place nonviolent felons as well as misdemeanants to home incarceration.

• Violent offenders under KRS 439.3401 must serve 85% instead of 50% of their sentence before being paroled, irrespective of any good time credit.
• Violent offenders may have a greater minimum parole eligibility date than others with longer sentences, including life.
• Parole eligibility on a violent offender with a life sentence is 20 years.
• Class A felonies are punishable by 20-50 years in prison.
• Maximum stacking of sentences is limited to 70 years.
• Sentencing judge does not have to consider probation, conditional discharge, or probation with an alternative sentencing plan for violent offenders under KRS 439.3401.
• KRS 439.3401 is amended to require the court to designate in its judgement if the victim suffered death or serious physical injury.
• Violent offenders may not receive good time under KRS 197.045(1) other than educational credit.
• Violent offenders may receive exceptionally meritorious good time.
• This applies to offenses committed after July 15, 1998.

• First degree persistent felons are eligible for probation, shock probation, or conditional discharge only where all of their offenses are Class D felonies which do not involve violence against a person.
• A first degree persistent felon convicted of a Class A, B, or C felony still must serve 10 years before parole eligibility.
• A violent first degree persistent felon is eligible for parole only as provided under KRS 439.3401.
• Second degree persistent felons are eligible for probation, shock probation, or conditional discharge where all of their offenses are a nonviolent Class D felonies.
• Violent second degree persistent felons are only eligible for parole as provided in KRS 439.3401.

• Pretrial diversion programs are to be established by the circuit judge in each judicial circuit.
• Eligible persons are those charged with a Class D felony who are not sex offenders ineligible for probation under 532.045 and who have no felony within 10 years nor have been on probation or parole from a felony conviction within 10 years.
• Diversion is possible only 1 time every 5 years.
• The defendant applies for diversion.
• The defendant must plead guilty.
• The Commonwealth’s Attorney makes a recommendation to the court.
• The court has the discretion to approve or deny diversion.
• Diversion lasts for the same period as probation under KRS 533.020.
• The court may place conditions similar to probation, including restitution.
• Revocation occurs on motion of the commonwealth upon notification by probation and parole.
• Revocation hearings are the same as for probation revocation hearings.
• This is felony diversion only.
• Misdemeanor diversion programs may continue as they are at present.

• Prerelease probation will allow an inmate to petition the sentencing court for release.
• DOC will write eligibility regulations.
• DOC must recommend release.
• The court sets probation conditions, including the possibility of a half-way house.
• The period of probation cannot exceed the maximum expiration date.
• There is no hearing requirement, nor is the appointment of counsel addressed.

• KRS 439.3405 is amended to allow the parole board to release an inmate with a severe chronic lung disease, end-stage heart disease, severe neuro-muscular disease such as ms, limited mobility due to paralysis as a result of stroke or trauma, or who is dependent on external life support systems.

• Life without parole is an option in a capital case where an aggravating circumstance has been found.
• An additional aggravating circumstance is added to KRS 532.025: offender murdered victim when an EPO or DVO or other similar protective order had been entered.
• The 532.055 rules have been applied to KRS 532.025.

• Victim impact evidence comes in.
• The defendant may put on evidence of mitigation and leniency.
• Includes the nature of the prior offense, juvenile records, parole information.
• This is ripe for a challenge under Perdue v. Commonwealth, Ky., 916 S.W.2d 148 (1996).

• Procedures have been established for competency to be executed.

• A condemned person must have the ability to understand that they are about to be executed and why.
• If the condemned person is insane, he is to be transferred to KCPC until he is sane enough to be executed. The treating psychiatrist reports once monthly on whether there is a substantial probability that the condemned will become sane.
• The procedures challenging competency to be executed begin with a motion for a stay filed in the circuit court of the county where the condemned person is incarcerated or was convicted. The motion must be supported by 2 affidavits, apparently by any person.
• The court appoints 2 licensed mental health professionals to evaluate the condemned and submit a report within 10 days.
• The court holds a hearing to determine the competency issue.
• The court uses a preponderance standard.

• Victim impact evidence is admissible in the penalty phase of a felony trial.

• Victim is defined in KRS. 421.500(1).
• The authorized victim impact evidence includes the description of the nature and extent of any physical, psychological, or financial harm suffered.
• This opens up requests for discovery of the victim, including potential areas of cross-examination.

• The defendant may put on evidence in mitigation and in support of leniency at the penalty phase of a felony trial.

• The previous limitation on the meaning of mitigation has been eliminated.
• Mitigation and leniency should be used in their broadest terms.

• The penalty phase rules for felony trials now applies to capital trials.

• Council created to be primary planning body for criminal justice system.
• Placed in justice cabinet for administrative and support.
• Reports to governor and LRC 6 months prior to regular session.
• Required to review and report on:

• Administration of criminal justice system.
• Rights of crime victims.
• Sentencing issues.
• Capital litigation
• Comprehensive gang strategy.
• Penal code
• Class e felony
• Involuntary commitment for convicted sexual predators.
• Hate crimes

• Makes recommendations to justice cabinet on grants.
• Develops model criminal justice programs.
• Disseminates information on the criminal justice system and crime trends.
• Works with communities on gang problems.
• Provides technical assistance to criminal justice agencies.
• Reviews proposed criminal justice legislation.
• KACDL representative and public advocate included.
• Executive director to be appointed by secretary of justice cabinet.

• Restitution requirements are made more strict.
• Not subject to suspension or non-imposition.
• Required for pretrial diversion, probation, shock probation, conditional discharge, or alternative sentencing.
• Mandated as a condition of probation and parole.
• Sanctions for nonpayment are to be instituted.
• Defendant not to be released from probation or parole supervision until restitution has been paid.
• Defendant who is on parole and who has failed to pay may be held in contempt.
• The time for probation, parole or a serve out may be extended when nonpayment has occurred.

• DJJ may form local juvenile delinquency prevention councils.

• Councils create juvenile justice plan.
• DPA is involved in the councils.

• DJJ develops statewide detention program.

• Includes pre and post-adjudication detention facilities.
• DJJ creates alternatives to pre and post-adjudication detention and follow-up.
 
• DJJ has access to all educational records of juveniles in facility, program, or informal adjustment.
• Juveniles charged with capital, class a or b felonies held in secure detention facilities.
• Juveniles charged with other offenses, or detained after a detention facility, will undergo security assessment at site of detention and be placed in appropriate facility.
• DJJ must place adjudicated child within 35 days instead of 7. KRS 635.060.
• Status offenders not to be placed in DJJ facilities for public offenders unless CFC, DJJ, and the court agree that the placement is in the best interest of the child.
• No child ten (10) or under to be placed in DJJ public offender facility.
• KRS 635.020 is amended to allow the automatic firearm transfer to apply irrespective of the remainder of Chapter 600.
• Evidence of participation in a gang is added as a factor in the transfer decision.
• Sex offender registration now applies to youthful offenders.
• When a child is charged with or adjudicated guilty of an offense involving a controlled substance, deadly weapon, or physical injury, the juvenile court is required to notify the school principal.
• KRS 530.064 is amended to include illegal controlled substances other than marijuana in the definition of unlawful transaction with a minor in the first degree.
• KRS 530.065 is amended to include illegal controlled substances activity involving marijuana in the definition of unlawful transaction with a minor in the second degree.
• KRS 640.010 is amended to include participation in a gang as an additional factor in the transfer decision.

• Sex offenders must complete treatment or have good time denied them.
• Sex offender who does not complete treatment must serve-out sentence.
• 3 year period of conditional discharge is added to sentences of all sex offenders.

• Conditional discharge is supervised.
• DOC may require education, treatment, or testing.
• Violation of conditional discharge can lead to revocation to serve remaining time on the conditional discharge.
 
• Sex offender registration has been expanded.

• Sex offender is defined as a person convicted of a sex crime who suffers from a mental or behavioral abnormality or personality disorder characterized by a pattern of repetitive, compulsive behavior that makes the offender a threat to public safety.
• Applies to youthful offenders.
• A sex offender risk assessment advisory board has been created. This board certifies providers who conduct sexual offender risk assessments or presentence assessments, or assessments related to probation or conditional discharge.
• A high risk sex offender classification is created. These offenders must be registered for life. A high risk sex offender is one who meets the criteria established by the sex offender risk assessment advisory board that have been demonstrated to correlate with a high risk of recommitting a sex crime.
• Notification for high risk sex offenders includes the general public.
• Notification for low and moderate risk sex offenders includes law enforcement, victims, KSP; notification for moderate risk sex offenders includes agencies serving individuals with similar characteristics to the previous victim.
• Low and moderate risk sex offenders must register for 10 years.
• The sentencing court orders a sex offender risk assessment by a certified provider. Communications made during the sexual offender risk assessments are privileged from disclosure in civil or criminal proceedings unless the defendant consents or unless the communication is related to an ongoing criminal investigation.
• The sentencing court holds a hearing to determine the risk assessment.
• The sex offender has a right to counsel.
• The court reviews the recommendations of the provider along with victims’ statements.
• The court issues findings of fact and conclusions of law.
• The order designating risk is subject to appeal.
• A high risk sex offender may petition the court for relief from registration 10 years after the date of discharge from probation, parole, or release from incarceration. The court must hold a second hearing. The offender may repetition the court for relief 5 years later.
 
• New section of KRS 431 creates a cause of action for the victim of a sex crime.

• KRS 421.500-421.575 named the Kentucky Crime Victim Bill of Rights.

• Victim may not challenge a charging decision or a conviction.
• Victim may not obtain a stay of trial or a new trial.
• Victim definition under KRS 421.500 expanded to include being the victim of stalking, unlawful imprisonment, use of minor in sexual performance, unlawful transaction with minor first, terroristic threatening, menacing, harassing communications, intimidating witness.
 
• Victim access to juvenile’s records clarified and extended.
• Victims to be consulted by the commonwealth on conditions of release.
• A victim or victim’s advocate is to be on the 5 member crime victims compensation board.
• Victims may file a claim with the crime victims compensation board within 5 years of the crime.
• Funeral expenses raised to $5000 under crime victims compensation.
• Crime victim fee raised from $10 to $20.
• Attorney General’s office is required to develop and administer a program for the protection of crime victims, witnesses, and their families.

• Includes physical protection, security measures, and short-term relocation.
 
• Victims of sex crimes have a cause of action under KRS 431.

• KRS 202A is amended to require notification by the institution to law enforcement, the prosecutor, and DOC .
• Institution has the responsibility to notify law enforcement, the prosecutor, and DOC when a violent offender escapes from the facility.
• DOC must notify victims who have made a notification request of the discharge or escape of a patient from a facility.

• Methamphetamine is included in KRS 218.1412 - KRS 218.1416 with Schedule I and II narcotic drugs.
• Creates the crime of manufacturing methamphetamine.
• Manufacturing methamphetamine is a Class B felony for the first offense and Class A felony for second and subsequent offenses.
• Trafficking in methamphetamine is a Class C felony for the first offense and Class B felony for second and subsequent offenses.
• Possession of methamphetmine is a Class D felony for the first offense and Class C felony for second and subsequent offenses.

• Sentencing judge may find a person to have committed a hate crime.

• If person intentionally because of race, color, religion, sexual orientation, or national origin commits one of 27 enumerated crimes including assault, kidnapping, sexual offenses, arson and other property damage, and riot and disorderly conduct.
 
• Determination is made at sentencing.
• Court must determine that hate crime was primary factor in the defendant’s crime.
• The judge may use the finding to deny probation, shock probation, conditional discharge.
• The finding may be used to deny or delay parole.
• Crime of institutional vandalism is created under KRS 525.

• It is a Class D felony.
• Occurs when because of designated factors person knowingly vandalizes, defaces, damages, or desecrates objects.

• The sentencing court may sentence to an additional 1-3 years where a defendant commits an enumerated felony while in furtherance of criminal gang activity.

• This additional sentence is discretionary with the judge.
• This section applies to violent offenses, criminal gang recruitment, and trafficking in destructive devices or booby traps.
 
• Criminal gang activity means a group of 5 or more people having at least 4 of these characteristics:

• Self-proclamation
• Common name
• Common identifying hand or body signs or signals
• Common identifying mode, style, or color of dress
• Identifying tattoo or body marking
• Organizational structure
• Claim of territory
• Initiation ritual
 
• Criminal gang recruitment is a class a misdemeanor for the first offense, and a class d felony for second and subsequent offenses.

• Defined as soliciting or enticing another person to join a gang;
• Also defined as intimidating or threatening another person because the person refuses to join a criminal gang, or has withdrawn from the gang, or has refused to submit to a gang demand.
 
• It is not a defense that:

• One or more gang members are not criminally responsible for the offense;
• One or more gang members have been acquitted or not prosecuted;
• The defendant has been charged with, acquitted, or convicted of a gang-related offense.
• The gang members do not know each other;
• The gang changes membership;
• The gang is in an arm’s length arrangement with each other.
 
• Evidence of participation in a gang is one of the 9 factors to be considered by the juvenile court in the transfer decision under KRS 640.010.

• Crime of filing an illegal lien is created.
• Filing an illegal lien is a Class D felony for the first offense, Class C for second offense, and Class B for the third and subsequent offenses.

• KRS 431.520 and 431.525 amended to allow the court to order persons with a history of controlled substance or alcohol abuse to submit to periodic testing as a condition of bail.
• Court may order person to pay for the testing.
• Testing fee for indigents may be waived by the court.
• AOC will establish pilot programs to implement this section.

• Crime victim fee raised from $10 to $20.

• Court costs raised from $55 to $75 to include the crime victim fee.
• The crime victim fee cannot be probated or suspended.
 
• 5% fee is to be paid to the circuit clerk to defray the administrative costs of collecting restitution.
• There is a diversion fee based upon the ability of the defendant to pay. The fee is to be set at an amount to defray all or part of the cost of participating in diversion.
• If the defendant completes the diversionary period, the conviction is listed as "dismissed-diverted."

• It is not a criminal conviction
• It is not admissible as evidence in any court proceeding.
 
• The probation and parole supervision fee has been raised to a maximum of $2500 per year on a felony and $500 per year on a misdemeanor.
• Persons in jail on a class d felony must pay work release fees to the jailer.
• Persons granted prerelease probation must pay for the cost of lodging at a half-way house and the costs of probation supervision.
• Sex offenders pay for the sex offender risk assessment based upon their ability to pay.
• Criminal garnishment has been created under KRS 532 for fines, court costs, restitution, and reimbursement.

• All financial obligations are combined into a single order of garnishment.
• Payment of restitution takes precedence.
• Circuit clerk disburses all collected moneys. Circuit clerk collects a $2.50 fee from each account.
• Failure to comply with the terms of the criminal garnishment order may result in contempt.
 
• A lien against real property of a convicted person owing fines, court costs, restitution, or reimbursement is created under KRS 532.
• Reimbursement of expenses associated with incarceration, including medical expenses, food, and lodging, may be ordered by the sentencing court upon conviction of non-status juvenile offense, moving traffic violation, criminal violation, misdemeanor, or class d felony. KRS 532.

• It is unclear under the act whether this is discretionary or mandatory.
• Local government may require co-pay for medical treatment; sentencing court may require reimbursement of medical expenses while incarcerated.

• KRS 189.393 amended to make attempting to elude a class misdemeanor unless defendant is fleeing the commission of a felony. If the defendant is convicted of the felony, the attempting to elude becomes a class a misdemeanor.

• KRS 189.393 is amended to be confined to persons disregarding signals from officers who are directing traffic. It includes a wanton mental state.
 
• A new crime of fleeing or evading police is created in KRS 520.

• 1^st degree is the knowing or wanton disobedience of a direction to stop a motor vehicle when fleeing from domestic violence, while driving DUI or while under DUI suspension, or while creating the substantial risk of serious physical injury or death. Also includes a pedestrian who disobeys an order to stop under similar circumstances. 1^st degree is a Class D felony.
• 2^nd degree occurs without the aggravating circumstances of 1^st degree. It replaces resisting an order to stop a motor vehicle now contained in KRS 520.100. 2^nd degree is a Class A misdemeanor.
 
• A new crime of disarming a peace officer is created.

• It is defined as removing a firearm or other deadly weapon from a peace officer, or depriving them of their weapon, while the officer is acting within the scope of their official duties.
• A defense is that the defendant did not know nor could have reasonably known the person disarmed was a police officer.
• A defense is the officer was engaged in felonious conduct.
• Disarming a peace officer is a class d felony.
 
• A new crime of impersonating a peace officer is created.

• Defined as pretending to be a peace officer with intent to induce another to submit to the pretended official authority.
• Impersonating a peace officer is a Class D felony.
 
• University police officers, urban county officers, and full or part-time sheriffs, including bailiffs, are entitled to receive clef funds.
• KSP, city, county, and urban-county police officers, deputy sheriffs, state or public university safety and security officers, school security officers, airport safety and security officers, ABC field representatives and investigations, insurance fraud investigations all must be certified by the Kentucky law enforcement council.
• Deputy coroners, deputy constables, deputy jailers, certain deputy sheriffs, private security officers among others may upon request of their agency be certified.
• Sheriffs, coroners, constables, and jailers are exempt from certification requirements.

• Kentucky unified criminal justice information system established as joint effort of criminal justice agencies other than DPA and courts.

• System to be designed, implemented, and maintained by criminal justice council committee.
• Purpose of the system is to facilitate sharing of existing information, and to create a consistent information system in the future.
 
• Automated fingerprint identification system to be designed, implemented, and maintained by KSP.

• All detention centers will have fingerprint equipment.
• All persons arrested or detained, including juveniles, shall be fingerprinted.
 
• DJJ, CHR, DOC, AOC, KSP responsible for recording data for centralized criminal history record information system.

• DJJ provides access to law enforcement.
 
• Law enforcement generally required to share information maintained on juveniles.
• Educational institutions required to provide records on all juveniles convicted by a court subject to confidentiality restrictions.
• Criminal justice council designs an automated warrant system.

• Theft by deception charges under $100 will result only in the issuance of a summons; a warrant is authorized only if the defendant fails to appear, or if the judge finds that based upon the defendant’s record an arrest warrant is necessary to ensure the defendant’s presence.
• DUI with a BA of 0.18 mandates a sentence of 7 days, to serve at least 5 days, for a 1^st offense.
• DUI 3^rd is a Class D felony where the BA is 0.18 or above.
• Hunting under the influence of alcohol is a crime under KRS 150 to be punished by a fine of $25 to $200 and/or up to 6 months in jail.
• KRS 520.010(3) is amended to include any quantity of alcohol in the definition of dangerous contraband.
• KRS 520.010(5) is amended to remove the knowing mental state from the definition of escape.
• A person found guilty of certain felonies while wearing body armor and armed with a deadly weapon is not eligible for probation, shock probation, parole, conditional discharge, or other form of early release.

• Every execution shall be by lethal injection for those people convicted after the effective date of the act.
• People convicted before the effective date of the act may choose between lethal injection and electrocution.
• 3 members of the victim’s family may attend an execution.

• No person may be subject to death sentence sought on the basis of race.
• Defendant must state with particularity how evidence supports claim that racial considerations played a significant part in the decision to seek a death sentence.
• The defendant may prove race was the basis of the decision to seek a death sentence by statistical evidence or other evidence.
• Statistical evidence may consist of evidence that death sentences were sought significantly more frequently against persons of one race, or sought more frequently against defendants whose victims were of one race.
• The decision is made by the trial court at a hearing prior to trial.
• The defendant has the burden of proof by clear and convincing evidence.
• The statute does not operate retroactively.

• Public defender administrative fee is raised from $40 to $50.
• Clerks receive $2.50 from every fee collected.
• Administrative fee is to be converted to a civil judgment.
• Hourly and maximum rates for assigned counsel are eliminated. Prevailing rates are to be set by the public advocate.
• Defense costs for inmates, so-called Lincoln County cases, are to be paid from the superfund.
• Jefferson County is included in the superfund.

• Depositions are not to be taken by parties, relatives, employees, persons with a financial interest or their relatives, employees, or attorneys, or attorneys of parties.
• Employees of attorneys may take depositions.
• Depositions taken in violation of this new law are void, and the person taking the deposition is guilty of a class b misdemeanor.

• A $1 fee is added to court costs in counties where a crime stoppers organization has entered into a written agreement of affiliation with the county.
• Applies to misdemeanors or violations other than violations of KRS 186, 187, 188, 189, or 189a.

• HB 325: coroners are to perform post-mortem examinations on executed prisoners.
• Canteens at private prisons must be used for the benefit of prisoners.
• DOC may impose a fee on prisoners’ use of medical and dental facilities, based upon their ability to pay.
• Open Records Act is only available to prisoners for records pertaining to that individual when request is to DOC.
• Approved monitoring devices may be used by probation and parole officers. The probationer or parolee may be required by DOC to pay for the monitoring device.

• 8 family court pilot projects are established in McCracken, Warren, Pulaski, Rockcastle, and Lincoln, Franklin, Madison, and Clark, Boone and Gallatin, and Floyd and Pike Counties.
• 9 additional circuit court judgeships are established.
• 3 new district judgeships are established.
• Each family court judge establishes a family court council.
• Family court jurisdiction includes but is not limited to domestic or family issues or dissolution of marriage, child custody, visitation, support and equiptable distribution, adoption and termination of parental rights, domestic violence, including EPOS, non-criminal juvenile matters including juvenile mental inquests and self-consent abortions, paternity and URESA, dependency, abuse and neglect, and status offenses.

• A new crime of assault of a sports official is created.
• Defined as intentionally causing physical injury to a sports official performing sports official duties, or to a sports official arriving or leaving an athletic facility where a sports event is occurring.
• Class A misdemeanor for first offense, Class D felony for second and subsequent offenses.
• Class D felony if the defendant assembles with 5 or more persons for the purpose of assaulting a sports official.

• The crime of assault on a service animal in the first degree is created.

• Defined as intentionally and knowingly killing or causing debilitating physical injury to a service animal.
• Class D felony.
 
• The crime of assault on a service animal in the second degree is created.

• Defined as intentionally and knowingly causing physical injury to a service animal.
• Class B misdemeanor.
 
• Service animal includes bomb detection dogs, narcotic detection dogs, patrol dogs, tracking dogs, search and rescue dogs, accelerant detection dogs, cadaver dogs, guide dogs, and police horses.
• The offense occurs whether the animal is on duty or not.

• Crime of theft of a legend drug, that is a drug requiring a prescription, is created.

• Does not include controlled substances.
• Class d felony if legend drug is worth $300 or less.
• Class c felony if legend drug is worth more than $300, or if the offense is a second or subsequent offense.
 
• The crime of theft of a prescription blank is created.

• Theft of a prescription blank is a Class D felony for first offense, Class C felony for second or subsequent offenses.
• Criminal possession of a prescription blank is a Class A misdemeanor for the first offense and Class D felony for second or subsequent offenses.
• Trafficking in prescription blanks is a Class A misdemeanor for the first offense and Class D felony for second or subsequent offenses.
 
• Forgery of a prescription is a Class D felony for first offense, Class C felony for second and subsequent offenses.
• Criminal possession of a forged prescription is a class misdemeanor for a first offense and Class D felony for second and subsequent offense.
• Possession of a legend drug without being prescribed is a Class B misdemeanor.
• Theft of a controlled substance is a Class D felony if controlled substance is worth $300 or less.
• Theft of a controlled substance is a Class C felony if worth more than $300 or if second or subsequent offense.

• A child must consult with an attorney prior to waiving separate adjudication and disposition hearings. DJJ also has to consent if the disposition is to be commitment.
• Status offenders may not be converted into public offenders by committing status offenses.
• A child may not be committed as a public offender as a result of contempt.
• A committed child who escapes or is AWOL shall be returned to DJJ.
• A preliminary revocation hearing for a committed child shall be held within 5 days.
• An administrative hearing for a committed child shall be held within 10 days of the preliminary revocation hearing.
• Automatic transfer children may be committed to DOC by the sentencing court on DJJ motion as a result of escape, violent behavior, or other disruptive behavior.
• Other youthful offenders may be sent by the sentencing court to a DOC facility on motion by DJJ after a finding that the youthful offender is mentally ill, dangerous to himself or others, and cannot be adequately treated in the DJJ facility.
• Youthful offenders who have been committed to DOC cannot later be placed in a DJJ facility.
• Youthful offender parole violators shall be incarcerated in a secure juvenile detention facility until 18; they shall be transferred to DOC at 18.

• HB 188: amends KRS 532.045 to include classified school employees and certified school employees in the definition of persons in a "position of authority."
• SB 36: amends KRS 209.990 to provide that the wanton abuse or neglect of an adult by a caretaker is a Class D felony; the reckless abuse or neglect of an adult is a Class A misdemeanor; the knowing exploitation of an adult resulting in more than a $300 loss is a Class C felony; the wanton or reckless exploitation of an adult resulting in a more than a $300 loss is a Class D felony; the knowing, wanton, or reckless exploitation of an adult resulting in a loss of $300 or less is a Class A misdemeanor.
• HB 1: KRS 235.240 is amended to prohibit the boating under the influence of alcohol or controlled substances. The presumption of consent to give a test is created. Penalties are $100-$250 fine for the first offense, $250-$500 for the second offense, $500-$1000 or 30 days in jail for the third or subsequent offenses.
• SB 146: Purchasing tobacco under the age of 18 becomes a status offense.
• SB 83: The identity of informants of child abuse under KRS 620.050 is not to be divulged without a court order finding that the informant knowingly made a false report. The identity may be revealed to law enforcement with a legitimate interest in the case. If the subject of the charge publicly reveals the confidential matter, the confidentiality is waived and the matter may be disclosed if in the best interest of the child or necessary for the administration of the cabinet’s duties.
• KRS 304.47-020 is amended to make the engaging in fraudulent insurance acts on a continuing basis a violation of the criminal syndicate statute.
• SB 119 makes the illegal obtaining of wireless communications services the crime of theft of services.
• SB 34 creates the class c felony of tampering or interfering with a horse race, which is defined as intentionally influencing the outcome of a horse race by using a device, material, or substance not approved by the Kentucky Racing Commission.
• SB 76: Sentencing court may require the probationer to make a payment to dare or some other treatment or prevention program.
• HB 736: 2 part-time parole board members are added to the parole board. Victims of class d felonies may submit comments in person or in writing to the parole board.
• HB 490: Committed juveniles are to be transported by the sheriff or jailer.

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