Criminal Justice

This bill amends Kentucky's sentencing laws to remove the 70-year cap on consecutive indeterminate prison terms for certain offenses. It allows judges to impose consecutive sentences for multiple crimes without a maximum limit, except for specific exceptions like when sentences run concurrently for mixed definite and indeterminate terms. The legislation also mandates consecutive sentencing for defendants convicted of multiple felony sex crimes involving multiple victims and clarifies how sentences are calculated when new crimes are committed while a person is already incarcerated. These changes directly affect judges, prosecutors, and defendants by altering how prison time is calculated for repeat offenders and those committing crimes while already in the justice system.

Amend KRS 15A.020, relating to the Department of Juvenile Justice in the Justice and Public Safety Cabinet, to remove the Office of Program Operations and the Office of Community and Mental Health Services; add the Office of Rehabilitation and Reentry Services and divisions within the office; remove the Division of Program Services from the Office of Support Services and add divisions; amend KRS 15A.064 to conform.

Amend KRS 189A.010, relating to driving under the influence, to provide that a third or subsequent offense within a 10-year period is a Class D felony; provide that if a person is convicted of a third or subsequent offense the minimum term of imprisonment shall be 120 days; establish enhanced penalties for a person under the age of 21 who operates a motor vehicle with an alcohol concentration of 0.02 or more; allow a violation of KRS 189A.010 by a person under the age of 21 who operates a motor vehicle with an alcohol concentration of 0.02 or more to be included as a prior offense for enhancement purposes; amend KRS 189A.070 to create enhanced periods of license suspension for a person under the age of 21 who operates a motor vehicle with an alcohol concentration of 0.02 or more; amend various KRS sections to conform.

Create a new section of KRS Chapter 532 to abolish the death penalty and replace it with life imprisonment without parole for inmates presently sentenced to death; amend KRS 532.030 to remove the death penalty; amend KRS 640.040 to prohibit life imprisonment without benefit of parole for a juvenile offender convicted of a capital offense; amend KRS 640.010 to define "serious intellectual disability" and "significant subaverage general intellectual functioning"; amend KRS 422.285, 532.050, 532.100, and 533.010 to conform; repeal KRS 431.213, 431.2135, 431.218, 431.220, 431.223, 431.224, 431.240, 431.250, 431.260, 431.270, 507A.060, 532.025, 532.075, 532.130, 532.135, 532.140, 532.300, 532.305, and 532.309.

Amend KRS 218A.500 to provide that drug testing products that are used or intended for use to determine whether a substance contains a controlled substance, synthetic drug, or any chemical or compound that may cause physical harm or death shall not be deemed drug paraphernalia.

This bill amends Kentucky law to clarify how courts handle property restitution for individuals convicted of crimes involving taking, injuring, or destroying property. It allows courts to order restitution or damages within 90 days of sentencing if a verified petition is filed, ensuring defendants in custody are brought to court to present any defenses. The amendment specifies that if a defendant agrees to a restitution amount, the court can enter judgment immediately, but if they disagree, a jury must determine the property value or damages. The bill also clarifies that failing to use this court process does not prevent victims from pursuing separate civil lawsuits for their losses.

This bill amends Kentucky law to correct technical errors in the state's restitution process for property crimes. It clarifies how courts can order restitution or damages from people convicted of taking, injuring, or destroying property within 90 days of sentencing. The changes specify procedures for filing petitions, bringing defendants into court, and determining restitution amounts through agreement or jury trial. These provisions do not alter the underlying criminal penalties but refine the administrative steps for recovering property or compensation.

Amend KRS 525.080 to enhance the penalty for a harassing communications second offense to a Class A misdemeanor; enhance the penalty for a harassing communications third or subsequent offense and an offense where a person conceals his or her identity to a Class D felony.

Amend KRS 441.005 to define "restricted custody center" and make technical changes; create new sections of KRS Chapter 441 to require the Department of Corrections to promulgate administrative regulations providing the minimum standards for holdover facilities; require the Department of Corrections to contract with a fiscal court of a county or local or regional correctional authority to provide correctional services to state prisoners; allow prisoners being held for a nonviolent or nonsexual misdemeanor conviction to be housed in a restricted custody center; require jailers to get permission from the Department of Corrections before transferring a Class C or Class D felon to another jail unless required by statute or an emergency exists; establish the regional jail authority construction fund, and establish requirements for the Department of Corrections to submit a list of regional jail construction projects to the Legislative Research Commission; establish the regional jail conversion fund and establish requirements for receiving grant funds; amend KRS 431.215 to require the Commonwealth to pay a county a fee per day based on the county's actual costs to house prisoners for the time the prisoner was held before a conviction if the sentence the prisoner receives in whole or in part includes the amount of time served prior to judgment; amend KRS 441.025 to allow counties to contract with the Department of Corrections to house state prisoners and operate holdover facilities; amend KRS 441.045 to require the Commonwealth to pay counties for the costs of providing health services to prisoners the county is responsible for; amend KRS 441.420 to require the Department of Corrections to pay for architectural plans and engineering services associated with any tentatively approved construction of a local correctional facility; amend KRS 441.430 to allow a regional jail authority to receive tentative approval for new regional jail construction; amend KRS 441.520 to specify the rate that a jail that receives a transferred inmate can charge the originating jail; amend KRS 441.810 to require that the jailer of each county within a regional jail authority be a member of the board; amend various sections to conform.

Create a new section of KRS Chapter 532 to abolish the death penalty and replace it with life imprisonment without parole for inmates presently sentenced to death; amend KRS 532.030, relating to authorized dispositions for felony offenses, to remove the death penalty; amend KRS 533.010, relating to probation, to prohibit probation for a person sentenced to life without parole or life without parole for 25 years; amend KRS 640.010 to define terms; amend KRS 640.040, relating to penalties for juveniles convicted of felony offenses, to prohibit life imprisonment without benefit of parole for a capital offense; amend KRS 422.285, 532.050, and 532.100 to conform; repeal KRS 431.213, 431.2135, 431.218, 431.220, 431.223, 431.224, 431.240, 431.250, 431.260, 431.270, 507A.060, 532.025, 532.075, 532.130, 532.135, 532.140, 532.300, 532.305, and 532.309.