Create a new sections of KRS Chapter 431 to establish an automatic expungement process for specific eligible misdemeanor and felony convictions; allow the Commonwealth's and county attorney to object and halt the automatic expungement of certain offenses; require the Administrative Office of the Courts and the Department of Kentucky State Police to submit a report twice a year to the Legislative Research Commission on the implementation of the automatic expungement process; amend KRS 431.073 to waive fees for an applicant whose conviction qualifies as an eligible conviction; amend KRS 431.074 to require the Administrative Office of the Courts to establish a searchable portal to allow a person to determine if his or her conviction has been expunged; amend KRS 431.078 to waive fees for a petitioner whose conviction qualifies as an eligible conviction; amend KRS 431.079 to provide court clerks and deputy court clerks with immunity from civil liability for acts done in good faith under this act; amend KRS 17.151 to require the Department for Kentucky State Police to provide the Administrative Office of the Courts with data to comply with automatic expungement process; amend KRS 196.093 to require the Department of Corrections to provide the Administrative Office of the Courts with data to comply with automatic expungement process; amend KRS 367.310 to provide that no conviction that has been overruled, vacated, set aside, or expunged shall not be included on any background check or consumer report; establish the Automatic Expungement Task Force; establish duties and membership; require the task force to submit a report with recommendations to the Legislative Research Commission by November 1, 2026; provide that the Act may be cited as the Automatic Expungement Act.
Amend KRS 31.010 and 31.020 to make technical corrections; amend KRS 31.030 to require the annual report filed by the Department of Public Advocacy to inform the LRC and the public of the work of all divisions of the department; amend KRS 31.110 to provide that the Department shall provide legal representation to a person who is accused of being in contempt of court for noncompliance with a court-ordered obligation only when the obligation arises out of a criminal prosecution or conviction or an action or adjudication for a public or status offense; create a new section of KRS Chapter 31 to provide that the Department of Public Advocacy shall not be appointed by a court to provide legal representation unless specifically authorized by KRS 31.110; amend KRS 31.211 to provide that any attorney providing legal representation under KRS Chapter 31 shall forward all information that indicates payment or reimbursement for services to the public advocate; amend KRS 31.215 to provide that any attorney providing legal representation under KRS Chapter 31 shall not accept fees for legal representation; create an exception for unsolicited gifts of de minimis value; amend KRS 31.219 to provide that any attorney providing legal representation under KRS Chapter 31 shall file a notice of appeal after trial if requested by his or her client; amend KRS 202A.121 to provide that an attorney appointed under KRS Chapter 202A shall be paid a fee fixed by the court not to exceed $500; direct the secretary of the Personnel Cabinet to work with the Department of Public Advocacy to develop and implement a new classification series for Department of Public Advocacy Trial Attorneys; make technical corrections.
Create new sections of KRS Chapter 610 to establish a pilot program to be known as the Supporting Opportunities for Accountability and Restoration Program for children who are truant; require the pilot program to be established in no less than 10 public school districts; establish the responsive interventions to support and empower teams; establish criteria for participation and procedure for the program; create a new section of KRS Chapter 159 to establish the duties of the director of pupil personnel in school districts that are participating in the pilot program; amend KRS 159.140 to conform; create a new section of KRS Chapter 160 to require schools to collect certain data relating to habitual truancy and require the Kentucky Department of Education to annually report data relating to habitual truancy to the Legislative Research Commission for referral to the Interim Joint Committee on Education and the Interim Joint Committee on Judiciary; amend KRS 610.030 to require the use of an evidence-based family screening tool to identify family strengths, needs, and risks; create family diversion plans and require a child's parent to participate; amend KRS 605.030 to require a court-designated worker to coordinate the pilot program in the school districts that participate; amend KRS 17.125 to allow responsive interventions to support and empower teams to access information on juveniles involved with the juvenile justice system; amend KRS 600.020 to amend the definition of "habitual truant" and define "Supporting Opportunities for Accountability and Restoration Program" or "SOAR Program" and "Responsive Interventions to Support and Empower Teams" or "RISE teams"; create a new section of KRS Chapter 630 to provide that a child who is alleged to be a status offender, adjudicated a status offender, or is a status offender alleged or found to have violated a valid court order shall not be detained in a secure detention facility until the child is at least 16 years old; amend various sections to conform; repeal KRS 630.100.
Create new sections of KRS Chapter 610 to establish a pilot program to be known as the Supporting Opportunities for Accountability and Restoration Program for children who are truant; require the pilot program to be established in no less than 10 public school districts; establish the responsive interventions to support and empower teams; establish criteria for participation and procedure for the program; create a new section of KRS Chapter 159 to establish the duties of the director of pupil personnel in school districts that are participating in the pilot program; amend KRS 159.140 to conform; create a new section of KRS Chapter 160 to require schools to collect certain data relating to habitual truancy and require the Kentucky Department of Education to annually report data relating to habitual truancy to the Legislative Research Commission for referral to the Interim Joint Committee on Education and the Interim Joint Committee on Judiciary; amend KRS 610.030 to require the use of an evidence-based family screening tool to identify family strengths, needs, and risks; create family diversion plans and require a child's parent to participate; amend KRS 605.030 to require a court-designated worker to coordinate the pilot program in the school districts that participate; amend KRS 17.125 to allow responsive interventions to support and empower teams to access information on juveniles involved with the juvenile justice system; amend KRS 600.020 to amend the definition of "habitual truant" and define "Supporting Opportunities for Accountability and Restoration Program" or "SOAR Program" and "Responsive Interventions to Support and Empower Teams" or "RISE teams"; create a new section of KRS Chapter 630 to provide that a child who is alleged to be a status offender, adjudicated a status offender, or is a status offender alleged or found to have violated a valid court order shall not be detained in a secure detention facility until the child is at least 16 years old; amend various sections to conform; repeal KRS 630.100.
Amend KRS 337.415, relating to court-ordered appearances by employees, to define terms; prohibit employers from discharging or retaliating against an employee who is a crime victim when the employee takes leave to attend proceedings associated with the prosecution of the crime; require an employee to give an employer reasonable notice to take leave when practicable; provide guidelines for use of paid leave; require the employer to maintain confidentiality of records and communication with employee crime victim; create a civil cause of action for improper discharge, discrimination, retaliation, and failing to maintain confidentiality; amend KRS 337.990 to establish a civil penalty for employer violations.
Create a new section of KRS Chapter 200 to define terms; establish procedures for a child charged with a public offense to determine if the child is a high acuity youth; establish procedures for securing a treatment plan and dispute resolution through a review process and the court if the parties cannot agree to a plan; require a 24-hour protocol for health facilities, the Cabinet for Health and Family Services, the Department of Juvenile Justice, and the courts to direct care; establish reimbursement rates for inpatient and outpatient psychiatric care of a child by psychiatric hospitals and pediatric teaching hospitals; establish procedures for discharge and transfer of the child from an inpatient admission under specific circumstances; amend KRS 15A.305 to include a mental health facility operated by the Department of Juvenile Justice as an identified facility for the detention and treatment of children; direct the operation of 2 female-only facilities with authority to increase as population increases; direct reimbursement rates for local governments lodging juveniles to be set by administrative regulation; amend KRS 600.020 to remove and add defined terms; amend KRS 610.265 to remove beginning date that is past; amend KRS 610.340 to enable release of information in specific circumstances; amend various sections of KRS to conform; authorize the Justice and Public Safety Cabinet to construct a high acuity youth mental health facility, subject to funding; direct the Cabinet for Health and Family Services to provide clinical services; direct the Department of Juvenile Justice to continue to implement the plan to return to a regional model of detention.
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.
Amend KRS 431.073 and 431.078 to provide for expungement of offenses which were charged but later dismissed or amended; make technical corrections; amend KRS 532.080 to state that the enhancement of a sentence as a persistent felony offender does not alter the felony classification of offenses.
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 Chapter 600 to 645; provide that the Act may be cited as the Family Preservation and Accountability Act.
