Criminal Justice (Courts)

Create new sections of KRS Chapter 620 to require social service workers to wear body-worn cameras when interacting with children during investigations; require recordings to be stored for at least 5 years and be made available to parents or guardians, their counsel, and the court; establish a civil cause of action against employees of the Cabinet for Health and Family Services who knowingly submit a false statement, withhold exculpatory evidence, or violate a person's constitutional rights; waive qualified immunity; create a new section of KRS Chapter 605 to require the Cabinet for Health and Family Services to submit an annual report to the Legislative Research Commission on the number of children removed from their homes and the average caseload of social service workers; create a new section of KRS Chapter 194A to establish the family preservation fund; amend KRS 600.010 to provide that KRS Chapters 600 to 645 shall be interpreted consistently with federal law and that statutes in conflict with federal law are void to the extent of the conflict; require courts to apply strict scrutiny when reviewing state action that interferes with the fundamental rights of a parent relating to the parent-child relationship; amend KRS 610.070 to require audio and video recording of dependency, neglect, and abuse hearings; amend KRS 620.060 and KRS 620.080 to require clear and convincing evidence of neglect or abuse before removing a child from the home; amend KRS 620.090 to require the Cabinet for Health and Family Services to provide a written explanation to the court in cases where placement is not made with relatives or fictive kin; amend KRS 620.155 to require appeals of removal orders to be heard within 24 hours of the order; amend KRS 625.090 to prohibit termination of parental rights if the Cabinet for Health and Family Services has not made reasonable efforts to reunite the child with the parents, unless reasonable efforts are not required under KRS 610.127; provide that the Act may be cited as the Protection of the Children Act; EFFECTIVE July 1, 2027.

Create a new section of KRS Chapter 635, relating to public offenders, to provide that a court that commits a child to the Department of Juvenile Justice shall require the child's caregiver to reimburse the department for the costs of the child's commitment; amend KRS 403.727 and KRS 456.035, relating to protection orders involving minors, to permit a victim advocate to attend an evidentiary hearing to offer advocacy services to an alleged victim; amend KRS 530.064 to provide that a person 18 years of age or older, or a minor who has been transferred to Circuit Court to be proceeded against as a youthful offender, is guilty of unlawful transaction in the first degree for the commission of a felony offense where any person uses or possess a gun in furtherance of a crime; amend KRS 530.065 and 530.070 to provide that unlawful transaction with a minor in the second and third degree may be applied to adult defendants and child defendants transferred to Circuit Court to be proceeded against as a youthful offender; amend KRS 610.030, relating to preliminary intake inquiry procedures and diversions, to provide that upon completing the preliminary intake inquiry for a status offense complaint, the court-designated worker shall refer the complaint to the county attorney for the county attorney to decide how the complaint shall proceed; require the court-designated worker to consult with the county attorney in the development of a diversion agreement; specify the persons the court-designated worker shall make the details of the diversion agreement available to; provide that if a child fails diversion for a status offense complaint, the court-designated worker shall refer the matter to the county attorney; amend KRS 610.070, relating to juvenile case hearings, to provide that if a child has been convicted of, pled guilty to, or has been adjudicated to have committed an offense which would classify the child as a violent offender, the court may order a dispositional or sentencing hearing open to the public; amend KRS 610.110 relating to disposition of juvenile cases, to require the department to notify relevant law enforcement agencies of the disposition of each case for any child committed by the court who is placed in a residential treatment facility by the department or the Cabinet for Health and Family Services; amend KRS 610.340, relating to confidentiality of juvenile records, to require Administrative Office of the Courts to permit a peace officer access to juvenile and family court records necessary for the peace officer to carry out lawful duties; amend KRS 610.345, relating to disclosure of records, to provide that the clerk of the court shall notify certain school personnel when the court issues a protective order where a child is a petitioner or respondent; amend KRS 635.010, relating to public offense complaints, to allow a county attorney to file a petition for a first time misdemeanor; amend KRS 635.020, relating to criteria for determining how a child is to be tried, to provide that a youth 14 years of age or older may be tried as an adult if the court finds probable cause that the child committed an offense which would classify the child as a violent offender, or a capital offense, Class A felony, or Class B felony; provide that a child may be tried as an adult if the court finds probable cause that the youth has previously been adjudicated as a youthful offender and is back in front of a court for allegedly committing a new felony; amend KRS 635.040, relating to effect of adjudication by the juvenile court, to provide that a past adjudication may be considered for any enhanced disposition or sentence for a subsequent offense; amend KRS 635.060, relating to options of the court at the dispositional hearing, to increase the maximum period of sanctions for a violation of supervision from 30 days to 180 days; increase the maximum period of probation for a misdemeanor from 6 months to 12 months; increase the maximum period of probation for a Class D felony from 12 months to up until the age of 18; increase the period a child may be confined in a secure detention facility or detention program from 45 days to 90 days for children 14 and 15 years old, and from 90 days to 180 days for children 16 years of age and older; provide for a minimum commitment period of at least 12 months for a child committed to the department for a felony; repeal KRS 605.035, relating to the creation of the family accountability, intervention, and response teams; and amend various KRS sections to conform.

Amend KRS 70.280 to authorize certified court security officers to transport individuals being detained or in custody as ordered by the court and to go outside the immediate area of the court facility to provide the transport; authorize arrest powers for certified court security officers while engaged in transporting, monitoring, or supervising prisoners or other individuals ordered transported by the court; amend KRS 202A.028 and 202A.101 to permit certified court security officers to transport individuals under specified circumstances.

This bill amends Kentucky law to clarify how appeals work for juvenile dispositional orders. It allows juveniles to appeal certain court decisions directly to the Circuit Court as a matter of right, rather than needing special permission. The bill also specifies that these appeals must follow standard criminal procedure rules and be heard quickly, with the court prioritizing the child's best interests. This change affects the legal process for juvenile offenders in Kentucky by streamlining their right to appeal sentencing decisions.

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.

Amend KRS 533.020 to provide the court 60 days after the expiration of any period of supervision to determine if a violation of the period of supervision has occurred and any appropriate action; provide that a period of supervision shall be tolled between the issuance of a warrant for any violation of supervision and the defendant's first appearance before the court after service of the warrant.

Create a new section of KRS Chapter 200 to define terms; establish procedures for a child charged with a public offense or subject to a court order 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 of the child from inpatient admission under specific circumstances.

HB 718 creates an automatic expungement process for eligible nonviolent felony convictions in Kentucky, effective starting August 1, 2026. It directly affects individuals with nonviolent felony convictions who have completed their sentences, waited five years since release, and had no new convictions in that period. The bill requires courts to automatically erase court and law enforcement records for these cases without requiring the person to apply, with courts processing lists monthly after August 15, 2026. This eliminates the need for individuals to navigate a manual application process for qualifying records.