Criminal Justice

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 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.

Create a new section of KRS Chapter 441 to establish the External Detainee Fatality Review Panel to conduct comprehensive reviews of all fatalities of individuals detained by law enforcement, in county or regional jails, or in any facility operated by the Department of Corrections, the Department of Juvenile Justice, or an entity under contract with either department; establish membership and duties of the panel; set a schedule for appointment of members.

Direct the Kentucky Law Enforcement Council to develop and approve an in-service training course to be presented to all certified peace officers on wellness checks and the emergency aid exception to the warrant requirement of the Fourth Amendment to the United States Constitution.

Create a new section of KRS Chapter 141 to define terms; establish a nonrefundable income tax credit for an employer that hires an eligible employee who holds a certificate of employability; provide that the credit is equal to the amount of wages paid to the eligible employee subject to certain limitations; amend KRS 141.0205 to order the credit; amend KRS 131.190 to allow the Department of Revenue to report on the credit.

Create a new section of KRS Chapter 503 to provide a justification for the use of physical force or deadly physical force by a defendant operating a motor vehicle while fleeing the immediate area of an obstruction of a highway or public passage; amend KRS 525.015 to expand the elements of obstructing an emergency responder; provide enhanced penalties; allow restitution to an agency for the reasonable costs of an emergency response; amend KRS 525.140 to expand the elements of obstructing a highway or other public passage; provide enhanced penalties; allow restitution to an agency for the reasonable costs of an emergency response; create a new section of KRS Chapter 411 to establish a civil cause of action for recovery of damages caused by obstructing an emergency responder or obstruction of a highway or other public passage; amend KRS 413.140 to provide a 1-year statute of limitation for the cause of action for recovery of damages caused by obstructing an emergency responder or obstruction of a highway or other public passage; amend KRS 503.085 to conform.