Criminal Justice (Corrections)

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 197.020 to establish that the Department of Corrections shall not be required to promulgate administrative regulations regarding the death penalty; establish that execution protocols and procedures may be prescribed by internal policy, memorandum, or another form of action; amend KRS 13A.105 to conform; make technical corrections.

Create a new section of KRS Chapter 431 to define terms; provide that a person shall not be eligible for pretrial release until he or she can provide proof of citizenship or that he or she is lawfully permitted to be in the United States; provide that a person shall not be held for longer than 48 hours due to his or her inability to provide proof of citizenship or permission to be in the United States; require a law enforcement agency, jail, or regional jail that has custody of a person who cannot provide proof of citizenship or that he or she is lawfully permitted to be in the United States to immediately notify the United States Department of Homeland Security to determine if the person is a citizen, lawfully permitted to be in the United States, or subject to a United States Immigration and Customs Enforcement detainer; provide that the lack of proof of citizenship or permission to be in the United States shall be considered when completing a pretrial risk assessment.

HB 493 makes it a Class D felony to intentionally alter, disable, or damage video monitoring systems in Kentucky correctional facilities. It expands existing law - which already criminalizes tampering with electronic tracking devices for probation, parole, or pretrial release - to specifically cover video recording or monitoring equipment inside prisons. The bill directly affects anyone who might interfere with these systems, including inmates, staff, or visitors. It creates a clear legal consequence for disrupting surveillance in correctional settings without adding new requirements or exemptions. This is a straightforward criminal code amendment focused on enhancing security for prison monitoring systems.

Amend KRS 439.3406 to prohibit an inmate from qualifying for mandatory reentry supervision if the inmate has previously been convicted of 2 or more offenses that would classify him or her as a violent offender under KRS 439.3401 or has been recommitted to prison for a violation of probation, shock probation, parole, or conditional discharge; require the Department of Corrections to produce an annual report on the results of the mandatory reentry supervision program by February 1 of each year.

Amend KRS 439.3401 to provide that a violent offender who has received a life sentence and has not been sentenced to 35 years without probation or parole or imprisonment for life without the benefit of probation or parole shall not be released on probation or parole until he or she has served at least 30 years; amend KRS 439.3406 to prohibit a person who has been convicted of a Class B felony or a person who is a violent offender who has been unanimously denied discretionary parole from qualifying for mandatory reentry supervisions; provide that the Department of Corrections shall provide an annual report on the results of the mandatory reentry supervision program to the Legislative Research Commission by February 1 of each year; amend KRS 504.150 to require a treating professional for a defendant who has received a sentence of guilty but mentally ill to file a petition for involuntary hospitalization under KRS Chapter 202A or 202B; amend KRS 532.025 to provide that if a defendant has been found guilty of intentional murder, the jury or court does not have to find any aggravating circumstance to sentence a defendant to imprisonment for life without benefit of probation or parole or imprisonment for life without benefit of probation or parole for 35 years; amend KRS 532.030 to enhance the sentence of imprisonment for life without benefit of probation or parole for 25 years to 35 years; amend KRS 532.110 to provide that sentences of a defendant convicted of 2 or more capital offenses, Class A felonies, Class B felonies, or a combination of those offenses or 2 or more violent offenses involving 2 or more victims shall run consecutively; amend various KRS sections to conform; repeal KRS 504.020 and 504.030; provide that the Act may be cited as Logan's Law.

Create a new section of KRS Chapter 532 to provide that any person who has been convicted of, pled guilty to, or entered an Alford plea to a sex crime in which the victim was under the age of 12 shall undergo medroxyprogesterone acetate treatment; provide that treatment shall begin no later than 1 month before the person is released from custody; provide that treatment shall continue until the person is released from probation, parole, or postincarceration supervision; provide that the person shall be evaluated by a licensed physician prior to treatment to determine if the person is an appropriate candidate for treatment; provide that the Department of Corrections shall administer the treatment; authorize the Department of Corrections to promulgate administrative regulations to implement the requirements.

SB 36 creates a new crime called "parentage fraud" in Kentucky law, making it a Class B misdemeanor to falsely establish someone as a child's legal biological parent with the intent to steal property or block the child's real parent from their rights, when the person knows or should know the claim is false. It directly affects individuals who commit such fraud, such as those trying to circumvent parental rights or financial obligations. The law explicitly excludes cases involving rape, incest, ongoing adoptions, or when the victim was the defendant's spouse at the time of the offense. Violating this law could result in up to 60 days in jail and a $500 fine.