CHAPTER 194 Human Resources

194.010. Cabinet for Human Resources — Functions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 1; 1992, ch. 13, § 8) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.020. Secretary as chief officer. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 2) was repealed by Acts 1992, ch. 13, § 13, effective July 14, 1992.

194.025. Power and authority of secretary. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 30; 1992, ch. 13, § 9, effective July 14, 1992) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.030. Major organizational units of cabinet. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 3; 1978, ch. 155, § 117, effective June 17, 1979; 1978, ch. 283, § 1, effective July 15, 1982; 1984, ch. 404, § 19, effective July 13, 1984; 1986, ch. 218, § 1, effective July 15, 1986; 1986, ch. 222, § 1, effective July 15, 1986; 1986, ch. 234, § 1, effective July 15, 1986; 1988, ch. 210, § 1, effective July 15, 1988; 1992, ch. 141, § 1, effective July 14, 1992; 1992, ch. 447, § 7, effective July 14, 1992; 1994, ch. 405, § 43, effective July 15, 1994; 1994, ch. 512, § 87, effective July 15, 1994; 1996, ch. 271, § 11, effective July 15, 1996; 1996, ch. 371, § 61, effective July 15, 1996) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

Legislative Research Commission Notes.

(7/15/98). Under KRS 446.260 , the repeal of this section in 1998 Ky. Acts ch. 426 prevails over its amendment in 1998 Ky. Acts ch. 203.

194.040. Internal organization of offices and bureaus. [Repealed].

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 4; 1976, ch. 299, § 35; 1982, ch. 247, § 2, effective July 15, 1982) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.050. Execution of policies, plans, and programs — Administrative regulations — Fees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 5; 1982, ch. 247, § 3, effective July 15, 1982; 1984, ch. 108, § 1, effective July 13, 1984; 1990, ch. 373, § 2, effective July 13, 1990; 1990, ch. 470, § 66, effective July 1, 1990) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.060. Confidentiality of records and reports. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 6) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.070. Utilizing community resources for delivery of services. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 7) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.080. Cost allocation plan. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 8) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.090. Citizen advisory bodies. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 9; 1978, ch. 155, § 118, effective June 17, 1978; 1980, ch. 295, § 44, effective July 15, 1980; 1984, ch. 108, § 2, effective July 13, 1984; 1990, ch. 373, § 1, effective July 13, 1990; 1990, ch. 470, § 60, effective July 1, 1990; 1990, ch. 499, § 15, effective July 13, 1990) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.100. Annual joint conference of citizen advisory bodies. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 10; 1984, ch. 108, § 3, effective July 13, 1984; 1990, ch. 373, § 3, effective July 13, 1990; 1990, ch. 470, § 67, effective July 1, 1990) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.110. Bodies attached for administrative and support purposes. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 11; 1976, ch. 229, § 36; 1980, ch. 118, § 3, effective July 15, 1980; 1982, ch. 339, § 8, effective July 15, 1982; 1988, ch. 210, § 2, effective July 15, 1988) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.120. Bodies attached to cabinet with statutory authority to issue administrative regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 13; 1976, ch. 299, § 37; 1982, ch. 399, § 9, effective July 15, 1982; 1988, ch. 210, § 3, effective July 15, 1988; 1994, ch. 384, § 1, effective July 15, 1994; 1994, ch. 405, § 44, effective July 15, 1994; 1994, ch. 512, § 88, effective July 15, 1994) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.130. Limitation on administrative processes. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 14) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.135. Developmental Disabilities Planning Council — Members — Duties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1986, ch. 447, § 1, effective April 11, 1986; 1992, ch. 337, § 1, effective July 14, 1992) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.140. Special subcommittees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 15; 1984, ch. 108, § 4, effective July 13, 1984; 1990, ch. 373, § 4, effective July 13, 1990; 1990, ch. 470, § 68, effective July 1, 1990) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.150. State officials as voting members of citizens’ councils. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 16; 1982, ch. 396, § 48, effective July 15, 1982; 1992, ch. 27, § 11, effective March 2, 1992; 1992, ch. 105, § 64, effective July 14, 1992; 1997 (1st Ex. Sess.), ch. 1, § 144, effective May 30, 1997) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.160. Alternates or representatives for boards, councils, committees, and similar bodies. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 17) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.170. Secretary’s authority to create special task forces, advisory committees, and citizens’ panels. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 18) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.180. Rules and regulations of various bodies. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 19; 1976, ch. 299, § 38; 1980, ch. 118, § 4, effective July 15, 1980; 1984, ch. 108, § 5, effective July 13, 1984; 1990, ch. 373, § 5, effective July 13, 1990; 1990, ch. 470, § 69, effective July 1, 1990) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.190. Gifts and grants. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 20; 1976, ch. 299, § 39; 1980, ch. 118, § 5, effective July 15, 1980; 1982, ch. 399, § 10, effective July 15, 1982; 1984, ch. 108, § 6, effective July 13, 1984; 1990, ch. 373, § 6, effective July 13, 1990; 1990, ch. 470, § 70, effective July 1, 1990) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.200. Compensation and expenses of members of councils. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 21; 1980, ch. 118, § 6, effective July 15, 1980; 1984, ch. 108, § 7, effective July 13, 1984; 1990, ch. 373, § 7, effective July 13, 1990; 1990, ch. 470, § 71, effective July 1, 1990) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.210. Transfer of functions of councils and committees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 74, Art. VI, § 22; 1976, ch. 299, § 40; 1980, ch. 118, § 7, effective July 15, 1980; 1982, ch. 399, § 11, effective July 15, 1982; 1984, ch. 108, § 8, effective July 13, 1984; 1990, ch. 373, § 8, effective July 13, 1990; 1990, ch. 470, § 61, effective July 1, 1990; 1994, ch. 405, § 45, effective July 15, 1994; 2012, ch. 146, § 17, effective July 12, 2012) was repealed by Acts 2012, ch. 158, § 80, effective July 12, 2012.

Legislative Research Commission Notes.

(7/12/2012). Under KRS 446.260 , the repeal of this statute in 2012 Ky. Acts ch. 158 prevails over its amendment in 2012 Ky. Acts ch. 146.

194.220. Transfer of other agencies’ functions to cabinet.

Except as otherwise provided in 1974 Acts ch. 74, all authorities, functions, activities, programs, powers, and duties vested in the Department of Child Welfare, the Department of Economic Security, the Department of Health, the Department of Mental Health, the Commission on Aging, the Commission on Children and Youth, the Commission for Handicapped Children, the Office of Economic Opportunity, the Division of Disability Determination of the Department of Education, and the Employment Agency Licensure Program of the Department of Labor are hereby transferred to the cabinet and shall be vested in its organizational structure as directed by the secretary.

History. Enact. Acts 1974, ch. 74, Art. VI, § 23; 1980, ch. 118, § 8, effective July 15, 1980.

194.225. Transfer of veterans’ affairs functions to Center for Veterans’ Affairs. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1980, ch. 118, § 14, effective July 15, 1980) was repealed by Acts 2000, ch. 147, § 9, effective July 14, 2000. For present law, see KRS 40.300 et seq.

194.230. Retention of rules, regulations, and contracts until modified or repealed by secretary.

Except as otherwise provided in 1974 Acts ch. 74, all rules, regulations, contracts, acts, agreements, determinations, and decisions of the Department of Child Welfare, the Department of Economic Security, the Department of Health, the Department of Mental Health, the Commission on Aging, the Commission on Children and Youth, the Commission for Handicapped Children, the Office of Economic Opportunity, the Division of Disability Determination of the Department of Education, and the Employment Agency Licensure Program of the Department of Labor shall remain in effect within the cabinet until duly modified or repealed by the secretary.

History. Enact. Acts 1974, ch. 74, Art. VI, § 24; 1980, ch. 118, § 9, effective July 15, 1980.

194.240. Funds, assets, obligations, and resources transferred to cabinet.

All funds, credits, assets, appropriations, outstanding obligations, personnel, equipment, wards, any and all resources or other tangible property, and any business or other matter undertaken or vested in the Department of Child Welfare, the Department of Economic Security, the Department of Health, the Department of Mental Health, the Commission on Aging, the Commission on Children and Youth, the Commission for Handicapped Children, the Office of Economic Opportunity, the Division of Disability Determination of the Department of Education, and the Employment Agency Licensure Program of the Department of Labor are hereby transferred to and vested in the cabinet.

History. Enact. Acts 1974, ch. 74, Art. VI, § 25; 1980, ch. 118, § 10, effective July 15, 1980.

194.245. Construction and operation of new facilities, beginning August 1, 1990 — Transfer of ownership and administration. [Repealed]

History. Enact. Acts 1990, ch. 482, § 29, effective July 13, 1990; 2000, ch. 330, § 1, effective July 14, 2000; 2005, ch. 99, § 149, effective June 20, 2005; 2012, ch. 146, § 18, effective July 12, 2012; 2012, ch. 158, § 12, effective July 12, 2012; repealed by 2020 ch. 36, § 44, effective July 15, 2020.

194.250. Protection of records, files, and information.

All reports, documents, surveys, books, records, files, papers, or other writing in the possession of the Department of Child Welfare, the Department of Economic Security, the Department of Health, the Department of Mental Health, the Commission on Aging, the Commission on Children and Youth, the Commission for Handicapped Children, the Office of Economic Opportunity, the Division of Disability Determination of the Department of Education, and the Employment Agency Licensure Program of the Department of Labor and in the possession of all instrumentalities within or attached thereto shall remain in the custody of the cabinet. All confidential records, files, or information maintained in accordance with state or federal law or regulations or rules of court shall be retained in accordance with present law, regulations, or rules of court until modified or repealed or until the secretary establishes appropriate regulations to protect these records, files, and information.

History. Enact. Acts 1974, ch. 74, Art. VI, § 26; 1980, ch. 118, § 11, effective July 15, 1980.

194.260. Pending business or other matters to be completed by cabinet.

Any business, litigation, or other matters undertaken or commenced by or against the Kidney Disease Advisory Council, the Family Planning Committee, the Tuberculosis Commission, the Kentucky Manpower Commission, the Kentucky Advisory Committee on Day Care, the Kentucky Children’s Advisory Council, the State Advisory Committee for Public Assistance, the Kentucky Commission on Employment of the Handicapped, the Advisory Committee to the Kentucky Commission on Employment of the Handicapped, the Advisory Council on Individuals with an Intellectual Disability, the Developmental Disabilities Act Advisory Council, the Kentucky Commission on Alcoholism and Drug Problems, the Commission on Aging, the Advisory Committee on Aging, the Commission on Handicapped Children, the Commission on Children and Youth, the State Board of Health, the Radiation Operators’ Advisory Committee, the Advisory Council for Medical Assistance, the Comprehensive Health Planning Council, and the Kentucky Certificate of Need and Licensure Board and still pending on June 21, 1974, shall be completed and conducted by the cabinet.

History. Enact. Acts 1974, ch. 74, Art. VI, § 27; 1976, ch. 299, § 41; 1980, ch. 118, § 12, effective July 15, 1980; 1982, ch. 399, § 12, effective July 15, 1982; 2012, ch. 146, § 19, effective July 12, 2012.

194.270. Corporate bodies or instrumentalities to be attached to cabinet.

All corporate bodies or instrumentalities of the Commonwealth, advisory committees, commissions, councils, interstate compacts, or other statutory or executive order bodies attached to the functions in whole or in part of the Department of Child Welfare, the Department of Economic Security, the Department of Health, the Department of Mental Health, the Commission on Aging, the Commission on Children and Youth, the Commission for Handicapped Children, the Office of Economic Opportunity, the Division of Disability Determination of the Department of Education, and the Employment Agency Licensure Program of the Department of Labor shall be attached to the cabinet.

History. Enact. Acts 1974, ch. 74, Art. VI, § 28; 1980, ch. 118, § 13, effective July 15, 1980.

194.280. Abolishment of certain departments, boards, and commissions.

Except as otherwise provided in 1974 Acts ch. 74, the following departments, boards, commissions, committees, and other statutory bodies and their subcommittees, task forces, advisory committees, bureaus, divisions, offices and other suborganizational units are abolished and terminated in their entirety: the Department of Economic Security, the Department of Health, the Department of Mental Health, the Department of Child Welfare, the Office of Economic Opportunity, the Bureau of Veterans Affairs, the Commission on Aging, the Commission for Handicapped Children, the Commission on Children and Youth, the Office of Youth Affairs, the State Board of Health, the Family Planning Committee, the Kidney Disease Advisory Committee, the Tuberculosis Commission, the Kentucky Manpower Council, the Kentucky Advisory Committee on Day Care, the Kentucky Children’s Advisory Council, the State Advisory Committee on Public Assistance, the Kentucky Commission on Employment of the Handicapped, the Advisory Council on Individuals with an Intellectual Disability, the Advisory Council on Mental Health, the Developmental Disabilities Services Act Advisory Council, the Kentucky Commission on Alcohol and Drug Problems, the Radiation Operators’ Advisory Committee, the Advisory Council for Health Facilities, the Human Resources Coordinating Commission, the Human Resources Coordinating Council, the Health Planning Commission, the Citizens’ Commission for Barkley State Boys’ Camp, the Citizens’ Commission for Woodsbend Boys’ Camp, the Citizens’ Commission for the State Reception Center at Lyndon.

History. Enact. Acts 1974, ch. 74, Art. VI, § 29; 2012, ch. 146, § 20, effective July 12, 2012.

194.290. Office of geriatrics-gerontology — Administrator — Cooperation with educational institutions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 292, § 1(1) to (3)) was repealed by Acts 1978, ch. 155, § 165, effective June 17, 1978.

194.350. Liability insurance for physicians, hospital administrators, and directors employed by cabinet. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 280, § 1, effective June 17, 1978) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.360. Annual report on committed children — Contents. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1986, ch. 423, § 182, effective July 1, 1987; 1988, ch. 350, § 138, effective April 10, 1988; 1992, ch. 71, § 2, effective July 14, 1992) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.370. In-service training for social workers on child sexual abuse. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 351, § 5, effective July 14, 1992) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

Assistance Program Frauds

194.500. Definitions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1979 (Ex. Sess.), ch. 2, § 1, effective February 10, 1979) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.505. Prohibited activities — Commencement of proceedings for enforcement. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1979 (Ex. Sess.), ch. 2, § 2, effective February 10, 1979; 1982, ch. 325, § 1, effective July 15, 1982) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.510. Defense in prosecution. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1979 (Ex. Sess.), ch. 2, § 12, effective February 10, 1979) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.515. Access to criminal records by cabinet’s agents. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1979 (Ex. Sess.), ch. 2, § 3, effective February 10, 1979; 1994, ch. 96, § 20, effective July 15, 1994; 1994, ch. 316, § 20, effective July 15, 1994) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

Training Programs Concerning Domestic Violence

194.530. Training and continuing education courses for Department for Social Services staff. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 54, § 2, effective July 15, 1996) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.535. Training requirements for staff of agencies providing shelter services for victims. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 54, § 3, effective July 15, 1996) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.540. Training courses for mental health professionals and health care providers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 54, § 4, effective July 15, 1996) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

Alzheimer’s Disease and Related Disorders

194.550. Definitions for KRS 194.550 to KRS 194.559. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 128, § 1, effective July 15, 1996) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.552. Office on Alzheimer’s Disease and Related Disorders — Director — Report — Purposes and duties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 128, § 2, effective July 15, 1996) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.555. Alzheimer’s Disease and Related Disorders Council — Members — Duties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 128, § 3, effective July 15, 1996) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

194.559. Authority to promulgate administrative regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 128, § 4, effective July 15, 1996) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

Penalties

194.990. Penalties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1979 (Ex. Sess.), ch. 2, § 5, effective February 10, 1979; 1982, ch. 325, § 2, effective July 15, 1982) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

CHAPTER 194A Cabinet for Health and Family Services

194A.001. Use of Kentucky Public Health Improvement Plan.

  1. Public health stakeholders can be expected to use the Kentucky Public Health Improvement Plan in the following ways:
    1. As a guide for public health and local public health departments to plan their activities and budget their resources.
    2. As a guide for public health to educate the public about the activities and goals of the Department, its resource needs, and the progress it has made in achieving public health goals.
    3. As a guide for health-planning purposed by public and private health providers, such as hospitals, nursing homes, by provider associations, such as hospital associations, professional associations; and by health and social service organizations, including funding sources, and nonprofit human services agencies.
    4. As a guide for local groups and coalitions of health and health-related providers, and by local human services and other agencies, as for example, public schools, in the development of innovative efforts to provide community assessment, policy development, and assurance.
    5. As a resource for health policy analysts and academicians to devise and evaluate innovative health programs and services.
  2. The Kentucky Public Health Improvement Plan will be considered in health budget decisions.
  3. The Kentucky Public Health Improvement Plan will be used as a measure of the adequacy of funding available for public health purposes.

History. Enact. Acts 1998, ch. 344, § 1-3, effective July 15, 1998.

194A.005. Definitions for chapter.

As used in this chapter, unless the context requires otherwise:

  1. “Cabinet” means the Cabinet for Health and Family Services; and
  2. “Secretary” means the secretary for health and family services.

History. Enact. Acts 1998, ch. 426, § 1, effective July 15, 1998; 2005, ch. 99, § 150, effective June 20, 2005.

194A.010. Cabinet for Health and Family Services — Functions.

  1. The cabinet is the primary state agency for operating the public health, Medicaid, certificate of need and licensure, and mental health and intellectual disability programs in the Commonwealth. The function of the cabinet is to improve the health of all Kentuckians, including the delivery of population, preventive, reparative, and containment health services in a safe and effective fashion, and to improve the functional capabilities and opportunities of Kentuckians with disabilities. The cabinet is to accomplish its function through direct and contract services for planning and through the state health plan and departmental plans for program operations, for program monitoring and standard setting, and for program evaluation and resource management.
  2. The cabinet is the primary state agency responsible for leadership in protecting and promoting the well-being of Kentuckians through the delivery of quality human services. Recognizing that children are the Commonwealth’s greatest natural resource and that individuals and their families are the most critical component of a strong society, the cabinet shall deliver social services to promote the safety and security of Kentuckians and preserve their dignity. The cabinet shall administer child welfare programs that promote collaboration and accountability among local, public, and private programs to improve the lives of families and children, including collaboration with the Council on Accreditation for Children and Family Services or its equivalent in developing strategies consistent with best practice standards for delivery of services. The cabinet also shall administer income-supplement programs that protect, develop, preserve, and maintain individuals, families, and children in the Commonwealth.

History. Enact. Acts 1998, ch. 426, § 2, effective July 15, 1998; 2005, ch. 99, § 24, effective June 20, 2005; 2010, ch. 141, § 9, effective July 15, 2010; 2012, ch. 158, § 13, effective July 12, 2012.

194A.025. Power and authority of secretary.

  1. The secretary for health and family services and the secretary’s designated representatives in the discharge of the duties of the secretary may administer oaths and affirmations, take depositions, certify official acts, and issue subpoenas to compel the attendance of witnesses and production of books, papers, correspondence, memoranda, and other records considered necessary and relevant as evidence at hearings held in connection with the administration of the cabinet.
  2. The secretary may delegate any duties of the office of secretary to employees of the cabinet as the secretary deems necessary and appropriate, unless otherwise prohibited by statutes.
  3. The secretary may enter into any contracts and agreements with individuals, colleges, universities, associations, corporations, municipalities, and other units of government as may be deemed necessary to carry out the general intent and purposes of the cabinet.

History. Enact. Acts 1998, ch. 426, § 3, effective July 15, 1998; 2005, ch. 99, § 151, effective June 20, 2005.

194A.030. Major organizational units of cabinet.

The cabinet consists of the following major organizational units, which are hereby created:

  1. Office of the Secretary.  Within the Office of the Secretary, there shall be an Office of the Ombudsman and Administrative Review, an Office of Legal Services, an Office of Inspector General, an Office of Public Affairs, an Office of Human Resource Management, an Office of Finance and Budget, an Office of Legislative and Regulatory Affairs, an Office of Administrative Services, and an Office of Application Technology Services, as follows:
    1. The Office of the Ombudsman and Administrative Review shall be headed by an executive director who shall be appointed by the secretary with the approval of the Governor under KRS 12.050 and shall:
      1. Investigate, upon complaint or on its own initiative, any administrative act of an organizational unit, employee, or contractor of the cabinet, without regard to the finality of the administrative act. Organizational units, employees, or contractors of the cabinet shall not willfully obstruct an investigation, restrict access to records or personnel, or retaliate against a complainant or cabinet employee;
      2. Make recommendations that resolve citizen complaints and improve governmental performance and may require corrective action when policy violations are identified;
      3. Provide evaluation and information analysis of cabinet performance and compliance with state and federal law;
      4. Place an emphasis on research and best practices, program accountability, quality service delivery, and improved governmental performance;
      5. Provide information on how to contact the office for public posting at all offices where Department for Community Based Services employees or contractors work, at any facility where a child in the custody of the cabinet resides, and to all cabinet or contracted foster parents;
      6. Report to the Office of Inspector General any charge or case against an employee of the Cabinet for Health and Family Services where it has cause to believe the employee has engaged in dishonest, unethical, or illegal conduct or practices related to his or her job duties; or any violation of state law or administrative regulation by any organization or individual regulated by, or contracted with the cabinet;
      7. Compile a report of all citizen complaints about programs or services of the cabinet and a summary of resolution of the complaints and submit the report upon request to the Child Welfare Oversight and Advisory Committee established in KRS 6.943 and the Interim Joint Committee on Health and Welfare and Family Services; and
      8. Include oversight of administrative hearings;
    2. The Office of Legal Services shall provide legal advice and assistance to all units of the cabinet in any legal action in which it may be involved. The Office of Legal Services shall employ all attorneys of the cabinet who serve the cabinet in the capacity of attorney, giving legal advice and opinions concerning the operation of all programs in the cabinet. The Office of Legal Services shall be headed by a general counsel who shall be appointed by the secretary with the approval of the Governor under KRS 12.050 and 12.210 . The general counsel shall be the chief legal advisor to the secretary and shall be directly responsible to the secretary. The Attorney General, on the request of the secretary, may designate the general counsel as an assistant attorney general under the provisions of KRS 15.105 ;
    3. The Office of Inspector General shall be headed by an inspector general who shall be appointed by the secretary with the approval of the Governor. The inspector general shall be directly responsible to the secretary. The Office of Inspector General shall be responsible for:
      1. The conduct of audits and investigations for detecting the perpetration of fraud or abuse of any program by any client, or by any vendor of services with whom the cabinet has contracted; and the conduct of special investigations requested by the secretary, commissioners, or office heads of the cabinet into matters related to the cabinet or its programs;
      2. Licensing and regulatory functions as the secretary may delegate;
      3. Review of health facilities participating in transplant programs, as determined by the secretary, for the purpose of determining any violations of KRS 311.1911 to 311.1959 , 311.1961 , and 311.1963 ;
      4. The duties, responsibilities, and authority pertaining to the certificate of need functions and the licensure appeals functions, pursuant to KRS Chapter 216B; and
      5. The notification and forwarding of any information relevant to possible criminal violations to the appropriate prosecuting authority;
    4. The Office of Public Affairs shall be headed by an executive director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall provide information to the public and news media about the programs, services, and initiatives of the cabinet;
    5. The Office of Human Resource Management shall be headed by an executive director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall coordinate, oversee, and execute all personnel, training, and management functions of the cabinet. The office shall focus on the oversight, development, and implementation of quality improvement services; curriculum development and delivery of instruction to staff; the administration, management, and oversight of training operations; health, safety, and compliance training; and equal employment opportunity compliance functions;
    6. The Office of Finance and Budget shall be headed by an executive director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall provide central review and oversight of budget, contract, and cabinet finances. The office shall provide coordination, assistance, and support to program departments and independent review and analysis on behalf of the secretary;
    7. The Office of Legislative and Regulatory Affairs shall be headed by an executive director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall provide central review and oversight of legislation, policy, and administrative regulations. The office shall provide coordination, assistance, and support to program departments and independent review and analysis on behalf of the secretary;
    8. The Office of Administrative Services shall be headed by an executive director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall provide central review and oversight of procurement, general accounting including grant monitoring, and facility management. The office shall provide coordination, assistance, and support to program departments and independent review and analysis on behalf of the secretary; and
    9. The Office of Application Technology Services shall be headed by an executive director appointed by the secretary with the approval of the Governor in accordance withKRS 12.050. The office shall provide application technology services including central review and oversight. The office shall provide coordination, assistance, and support to program departments and independent review and analysis on behalf of the secretary;
  2. Department for Medicaid Services.  The Department for Medicaid Services shall serve as the single state agency in the Commonwealth to administer Title XIX of the Federal Social Security Act. The Department for Medicaid Services shall be headed by a commissioner for Medicaid services, who shall be appointed by the secretary with the approval of the Governor under KRS 12.050 . The commissioner for Medicaid services shall be a person who by experience and training in administration and management is qualified to perform the duties of this office. The commissioner for Medicaid services shall exercise authority over the Department for Medicaid Services under the direction of the secretary and shall only fulfill those responsibilities as delegated by the secretary;
  3. Department for Public Health.  The Department for Public Health shall develop and operate all programs of the cabinet that provide health services and all programs for assessing the health status of the population for the promotion of health and the prevention of disease, injury, disability, and premature death. This shall include but not be limited to oversight of the Division of Women’s Health. The Department for Public Health shall be headed by a commissioner for public health who shall be appointed by the secretary with the approval of the Governor under KRS 12.050 . The commissioner for public health shall be a duly licensed physician who by experience and training in administration and management is qualified to perform the duties of this office. The commissioner shall advise the head of each major organizational unit enumerated in this section on policies, plans, and programs relating to all matters of public health, including any actions necessary to safeguard the health of the citizens of the Commonwealth. The commissioner shall serve as chief medical officer of the Commonwealth. The commissioner for public health shall exercise authority over the Department for Public Health under the direction of the secretary and shall only fulfill those responsibilities as delegated by the secretary;
  4. Department for Behavioral Health, Developmental and Intellectual Disabilities.  The Department for Behavioral Health, Developmental and Intellectual Disabilities shall develop and administer programs for the prevention of mental illness, intellectual disabilities, brain injury, developmental disabilities, and substance abuse disorders and shall develop and administer an array of services and support for the treatment, habilitation, and rehabilitation of persons who have a mental illness or emotional disability, or who have an intellectual disability, brain injury, developmental disability, or a substance abuse disorder. The Department for Behavioral Health, Developmental and Intellectual Disabilities shall be headed by a commissioner for behavioral health, developmental and intellectual disabilities who shall be appointed by the secretary with the approval of the Governor under KRS 12.050 . The commissioner for behavioral health, developmental and intellectual disabilities shall be by training and experience in administration and management qualified to perform the duties of the office. The commissioner for behavioral health, developmental and intellectual disabilities shall exercise authority over the department under the direction of the secretary, and shall only fulfill those responsibilities as delegated by the secretary;
  5. Office for Children with Special Health Care Needs.  The duties, responsibilities, and authority set out in KRS 200.460 to 200.490 shall be performed by the office. The office shall advocate the rights of children with disabilities and, to the extent that funds are available, shall ensure the administration of services for children with disabilities as are deemed appropriate by this office pursuant to Title V of the Social Security Act. The office may promulgate administrative regulations under KRS Chapter 13A as may be necessary to implement and administer its responsibilities. The duties, responsibilities, and authority of the Office for Children with Special Health Care Needs shall be performed through the office of the executive director. The executive director shall be appointed by the secretary with the approval of the Governor under KRS 12.050 ;
  6. Department for Family Resource Centers and Volunteer Services.  The Department for Family Resource Centers and Volunteer Services shall streamline the various responsibilities associated with the human services programs for which the cabinet is responsible. This shall include, but not be limited to, oversight of the Division of Family Resource and Youth Services Centers and Serve Kentucky. The Department for Family Resource Centers and Volunteer Services shall be headed by a commissioner who shall be appointed by the secretary with the approval of the Governor under KRS 12.050 . The commissioner for family resource centers and volunteer services shall be by training and experience in administration and management qualified to perform the duties of the office, shall exercise authority over the department under the direction of the secretary, and shall only fulfill those responsibilities as delegated by the secretary;
  7. The Office of Health Data and Analytics shall identify and innovate strategic initiatives to inform public policy initiatives and provide opportunities for improved health outcomes for all Kentuckians through data analytics. The office shall provide leadership in the redesign of the health care delivery system using electronic information technology as a means to improve patient care and reduce medical errors and duplicative services. The office shall facilitate the purchase of individual and small business health insurance coverage for Kentuckians. The office shall be headed by an executive director appointed by the secretary with the approval of the Governor underKRS 12.050 ;
  8. Department for Community Based Services.  The Department for Community Based Services shall administer and be responsible for child and adult protection, violence prevention resources, foster care and adoption, permanency, and services to enhance family self-sufficiency, including child care, social services, public assistance, and family support. The department shall be headed by a commissioner appointed by the secretary with the approval of the Governor in accordance with KRS 12.050 ;
  9. Department for Income Support.  The Department for Income Support shall be responsible for child support enforcement and disability determination. The department shall serve as the state unit as required by Title II and Title XVI of the Social Security Act, and shall have responsibility for determining eligibility for disability for those citizens of the Commonwealth who file applications for disability with the Social Security Administration. The department shall be headed by a commissioner appointed by the secretary with the approval of the Governor in accordance with KRS 12.050 ; and
  10. Department for Aging and Independent Living.  The Department for Aging and Independent Living shall serve as the state unit as designated by the Administration on Aging Services under the Older Americans Act and shall have responsibility for administration of the federal community support services, in-home services, meals, family and caregiver support services, elder rights and legal assistance, senior community services employment program, the state health insurance assistance program, state home and community based services including home care, Alzheimer’s respite services and the personal care attendant program, certifications of assisted living facilities, the state Council on Alzheimer’s Disease and other related disorders, and guardianship services. The department shall also administer the Long-Term Care Ombudsman Program and the Medicaid Home and Community Based Waivers Participant Directed Services Option (PDS) Program. The department shall serve as the information and assistance center for aging and disability services and administer multiple federal grants and other state initiatives. The department shall be headed by a commissioner appointed by the secretary with the approval of the Governor in accordance with KRS 12.050 .

History. Enact. Acts 1998, ch. 426, § 4, effective July 15, 1998; 2000, ch. 6, § 2, effective July 14, 2000; 2003, ch. 40, § 2, effective June 24, 2003; 2005, ch. 99, § 25, effective June 20, 2005; 2006, ch. 172, § 5, effective July 12, 2006; 2006, ch. 181, § 3, effective July 12, 2006; 2007, ch. 24, § 1, effective June 26, 2007; 2010, ch. 161, § 28, effective July 15, 2010; 2012, ch. 146, § 21, effective July 12, 2012; 2012, ch. 158, § 14, effective July 12, 2012; 2017 ch. 80, § 28, effective June 29, 2017; 2017 ch. 92, § 2, effective June 29, 2017; 2018 ch. 114, § 3, effective July 14, 2018; 2018 ch. 159, § 2, effective July 14, 2018; 2019 ch. 90, § 6, effective June 27, 2019; 2020 ch. 9, § 2, effective July 15, 2020.

Compiler’s Notes.

Title XIX of the federal Social Security Act, referred to in subsection (2), is compiled as 42 USCS § 1396 et seq.

Titles II and XVI of the federal Social Security Act, referred to in subsection (12), are compiled as 42 USCS §§ 409 et seq. and 42 USCS §§ 1381 et seq., respectively.

Legislative Research Commission Notes.

(7/12/2012). This statute was amended by 2012 Ky. Acts chs. 146 and 158. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 146, which was last enacted by the General Assembly, prevails under KRS 446.250 .

(4/19/2007). A manifest clerical or typographical error has been corrected by the Reviser of Statutes in the second full sentence of subsection (2) of this section pursuant to KRS 7.136(1)(h).

Opinions of Attorney General.

The position of executive director of the Office of the Ombudsman of the Cabinet for Health and Family Services is a “state office,” and one who holds that position is a “state officer,” such that one cannot hold that position and lawfully remain a member of the Lexington-Fayette Urban County Council. OAG 2006-02 .

194A.030. Major organizational units of cabinet.

The cabinet consists of the following major organizational units, which are hereby created:

  1. Office of the Secretary. Within the Office of the Secretary, there shall be an Office of the Ombudsman and Administrative Review, an Office of Legal Services, an Office of Inspector General, an Office of Public Affairs, an Office of Human Resource Management, an Office of Finance and Budget, an Office of Legislative and Regulatory Affairs, an Office of Administrative Services, and an Office of Application Technology Services, as follows:
    1. The Office of the Ombudsman and Administrative Review shall be headed by an executive director who shall be appointed by the secretary with the approval of the Governor under KRS 12.050 and shall:
      1. Investigate, upon complaint or on its own initiative, any administrative act of an organizational unit, employee, or contractor of the cabinet, without regard to the finality of the administrative act. Organizational units, employees, or contractors of the cabinet shall not willfully obstruct an investigation, restrict access to records or personnel, or retaliate against a complainant or cabinet employee;
      2. Make recommendations that resolve citizen complaints and improve governmental performance and may require corrective action when policy violations are identified;
      3. Provide evaluation and information analysis of cabinet performance and compliance with state and federal law;
      4. Place an emphasis on research and best practices, program accountability, quality service delivery, and improved governmental performance;
      5. Provide information on how to contact the office for public posting at all offices where Department for Community Based Services employees or contractors work, at any facility where a child in the custody of the cabinet resides, and to all cabinet or contracted foster parents;
      6. Report to the Office of Inspector General for review and investigation any charge or case against an employee of the Cabinet for Health and Family Services where it has cause to believe the employee has engaged in dishonest, unethical, or illegal conduct or practices related to his or her job duties; or any violation of state law or administrative regulation by any organization or individual regulated by, or contracted with the cabinet;
      7. Compile a report of all citizen complaints about programs or services of the cabinet and a summary of resolution of the complaints and submit the report upon request to the Child Welfare Oversight and Advisory Committee established in KRS 6.943 , and the Interim Joint Committee on Health and Welfare and Family Services;
      8. Include oversight of administrative hearings; and
      9. Provide information to the Office of the Attorney General, when requested, related to substantiated violations of state law against an employee, a contractor of the cabinet, or a foster or adoptive parent;
    2. The Office of Legal Services shall provide legal advice and assistance to all units of the cabinet in any legal action in which it may be involved. The Office of Legal Services shall employ all attorneys of the cabinet who serve the cabinet in the capacity of attorney, giving legal advice and opinions concerning the operation of all programs in the cabinet. The Office of Legal Services shall be headed by a general counsel who shall be appointed by the secretary with the approval of the Governor under KRS 12.050 and 12.210 . The general counsel shall be the chief legal advisor to the secretary and shall be directly responsible to the secretary. The Attorney General, on the request of the secretary, may designate the general counsel as an assistant attorney general under the provisions of KRS 15.105 ;
    3. The Office of Inspector General shall be headed by an inspector general who shall be appointed by the secretary with the approval of the Governor. The inspector general shall be directly responsible to the secretary. The Office of Inspector General shall be responsible for:
      1. The conduct of audits and investigations for detecting the perpetration of fraud or abuse of any program by any client, or by any vendor of services with whom the cabinet has contracted; and the conduct of special investigations requested by the secretary, commissioners, or office heads of the cabinet into matters related to the cabinet or its programs;
      2. Licensing and regulatory functions as the secretary may delegate;
      3. Review of health facilities participating in transplant programs, as determined by the secretary, for the purpose of determining any violations of KRS 311.1911 to 311.1959 , 311.1961 , and 311.1963 ;
      4. The duties, responsibilities, and authority pertaining to the certificate of need functions and the licensure appeals functions, pursuant to KRS Chapter 216B; and
      5. The notification and forwarding of any information relevant to possible criminal violations to the appropriate prosecuting authority;
    4. The Office of Public Affairs shall be headed by an executive director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall provide information to the public and news media about the programs, services, and initiatives of the cabinet;
    5. The Office of Human Resource Management shall be headed by an executive director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall coordinate, oversee, and execute all personnel, training, and management functions of the cabinet. The office shall focus on the oversight, development, and implementation of quality improvement services; curriculum development and delivery of instruction to staff; the administration, management, and oversight of training operations; health, safety, and compliance training; and equal employment opportunity compliance functions;
    6. The Office of Finance and Budget shall be headed by an executive director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall provide central review and oversight of budget, contract, and cabinet finances. The office shall provide coordination, assistance, and support to program departments and independent review and analysis on behalf of the secretary;
    7. The Office of Legislative and Regulatory Affairs shall be headed by an executive director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall provide central review and oversight of legislation, policy, and administrative regulations. The office shall provide coordination, assistance, and support to program departments and independent review and analysis on behalf of the secretary;
    8. The Office of Administrative Services shall be headed by an executive director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall provide central review and oversight of procurement, general accounting including grant monitoring, and facility management. The office shall provide coordination, assistance, and support to program departments and independent review and analysis on behalf of the secretary; and
    9. The Office of Application Technology Services shall be headed by an executive director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall provide application technology services including central review and oversight. The office shall provide coordination, assistance, and support to program departments and independent review and analysis on behalf of the secretary;
  2. Department for Medicaid Services. The Department for Medicaid Services shall serve as the single state agency in the Commonwealth to administer Title XIX of the Federal Social Security Act. The Department for Medicaid Services shall be headed by a commissioner for Medicaid services, who shall be appointed by the secretary with the approval of the Governor under KRS 12.050 . The commissioner for Medicaid services shall be a person who by experience and training in administration and management is qualified to perform the duties of this office. The commissioner for Medicaid services shall exercise authority over the Department for Medicaid Services under the direction of the secretary and shall only fulfill those responsibilities as delegated by the secretary;
  3. Department for Public Health. The Department for Public Health shall develop and operate all programs of the cabinet that provide health services and all programs for assessing the health status of the population for the promotion of health and the prevention of disease, injury, disability, and premature death. This shall include but not be limited to oversight of the Division of Women’s Health. The Department for Public Health shall be headed by a commissioner for public health who shall be appointed by the secretary with the approval of the Governor under KRS 12.050 . The commissioner for public health shall be a duly licensed physician who by experience and training in administration and management is qualified to perform the duties of this office. The commissioner shall advise the head of each major organizational unit enumerated in this section on policies, plans, and programs relating to all matters of public health, including any actions necessary to safeguard the health of the citizens of the Commonwealth. The commissioner shall serve as chief medical officer of the Commonwealth. The commissioner for public health shall exercise authority over the Department for Public Health under the direction of the secretary and shall only fulfill those responsibilities as delegated by the secretary;
  4. Department for Behavioral Health, Developmental and Intellectual Disabilities. The Department for Behavioral Health, Developmental and Intellectual Disabilities shall develop and administer programs for the prevention of mental illness, intellectual disabilities, brain injury, developmental disabilities, and substance abuse disorders and shall develop and administer an array of services and support for the treatment, habilitation, and rehabilitation of persons who have a mental illness or emotional disability, or who have an intellectual disability, brain injury, developmental disability, or a substance abuse disorder. The Department for Behavioral Health, Developmental and Intellectual Disabilities shall be headed by a commissioner for behavioral health, developmental and intellectual disabilities who shall be appointed by the secretary with the approval of the Governor under KRS 12.050 . The commissioner for behavioral health, developmental and intellectual disabilities shall be by training and experience in administration and management qualified to perform the duties of the office. The commissioner for behavioral health, developmental and intellectual disabilities shall exercise authority over the department under the direction of the secretary, and shall only fulfill those responsibilities as delegated by the secretary;
  5. Office for Children with Special Health Care Needs. The duties, responsibilities, and authority set out in KRS 200.460 to 200.490 shall be performed by the office. The office shall advocate the rights of children with disabilities and, to the extent that funds are available, shall ensure the administration of services for children with disabilities as are deemed appropriate by this office pursuant to Title V of the Social Security Act. The office may promulgate administrative regulations under KRS Chapter 13A as may be necessary to implement and administer its responsibilities. The duties, responsibilities, and authority of the Office for Children with Special Health Care Needs shall be performed through the office of the executive director. The executive director shall be appointed by the secretary with the approval of the Governor under KRS 12.050 ;
  6. Department for Family Resource Centers and Volunteer Services. The Department for Family Resource Centers and Volunteer Services shall streamline the various responsibilities associated with the human services programs for which the cabinet is responsible. This shall include, but not be limited to, oversight of the Division of Family Resource and Youth Services Centers and Serve Kentucky. The Department for Family Resource Centers and Volunteer Services shall be headed by a commissioner who shall be appointed by the secretary with the approval of the Governor under KRS 12.050 . The commissioner for family resource centers and volunteer services shall be by training and experience in administration and management qualified to perform the duties of the office, shall exercise authority over the department under the direction of the secretary, and shall only fulfill those responsibilities as delegated by the secretary;
  7. The Office of Health Data and Analytics shall identify and innovate strategic initiatives to inform public policy initiatives and provide opportunities for improved health outcomes for all Kentuckians through data analytics. The office shall provide leadership in the redesign of the health care delivery system using electronic information technology as a means to improve patient care and reduce medical errors and duplicative services. The office shall facilitate the purchase of individual and small business health insurance coverage for Kentuckians. The office shall be headed by an executive director appointed by the secretary with the approval of the Governor under KRS 12.050 ;
  8. Department for Community Based Services. The Department for Community Based Services shall administer and be responsible for child and adult protection, violence prevention resources, foster care and adoption, permanency, and services to enhance family self-sufficiency, including child care, social services, public assistance, and family support. The department shall be headed by a commissioner appointed by the secretary with the approval of the Governor in accordance with KRS 12.050 ;
  9. Department for Income Support. The Department for Income Support shall be responsible for child support enforcement and disability determination. The department shall serve as the state unit as required by Title II and Title XVI of the Social Security Act, and shall have responsibility for determining eligibility for disability for those citizens of the Commonwealth who file applications for disability with the Social Security Administration. The department shall be headed by a commissioner appointed by the secretary with the approval of the Governor in accordance with KRS 12.050 ; and
  10. Department for Aging and Independent Living. The Department for Aging and Independent Living shall serve as the state unit as designated by the Administration on Aging Services under the Older Americans Act and shall have responsibility for administration of the federal community support services, in-home services, meals, family and caregiver support services, elder rights and legal assistance, senior community services employment program, the state health insurance assistance program, state home and community based services including home care, Alzheimer’s respite services and the personal care attendant program, certifications of assisted living facilities, the state Council on Alzheimer’s Disease and other related disorders, and guardianship services. The department shall also administer the Long-Term Care Ombudsman Program and the Medicaid Home and Community Based Waivers Participant Directed Services Option (PDS) Program. The department shall serve as the information and assistance center for aging and disability services and administer multiple federal grants and other state initiatives. The department shall be headed by a commissioner appointed by the secretary with the approval of the Governor in accordance with KRS 12.050 .

HISTORY: Enact. Acts 1998, ch. 426, § 4, effective July 15, 1998; 2000, ch. 6, § 2, effective July 14, 2000; 2003, ch. 40, § 2, effective June 24, 2003; 2005, ch. 99, § 25, effective June 20, 2005; 2006, ch. 172, § 5, effective July 12, 2006; 2006, ch. 181, § 3, effective July 12, 2006; 2007, ch. 24, § 1, effective June 26, 2007; 2010, ch. 161, § 28, effective July 15, 2010; 2012, ch. 146, § 21, effective July 12, 2012; 2012, ch. 158, § 14, effective July 12, 2012; 2017 ch. 80, § 28, effective June 29, 2017; 2017 ch. 92, § 2, effective June 29, 2017; 2018 ch. 114, § 3, effective July 14, 2018; 2018 ch. 159, § 2, effective July 14, 2018; 2019 ch. 90, § 6, effective June 27, 2019; 2020 ch. 9, § 2, effective July 15, 2020; 2021 ch. 180, § 5.

194A.040. Internal organization of offices and departments — Secretary’s power to create positions — Election of coverage under unemployment insurance.

  1. The secretary shall, subject to the provisions of KRS Chapter 12, establish the internal organization of the offices and departments not established in 1974 Ky. Acts ch. 74, Art. VI, or 1998 Ky. Acts ch. 426, and shall organize the cabinet into offices, divisions, regions, districts, and other administrative units as the secretary deems necessary to perform the functions, exercise the powers, and fulfill the duties of the cabinet.
  2. The secretary shall have any and all necessary powers and authority subject to appropriate provisions of the statutes to create positions that enable the cabinet to fulfill all functions assigned to it. The secretary shall designate a person to act as deputy to exercise the duties of the office in case of absence.
  3. The secretary shall, with the approval of the Governor, elect coverage for employees of the cabinet under the unemployment insurance law when required by federal law.

History. Enact. Acts 1998, ch. 426, § 5, effective July 15, 1998.

194A.050. Execution of policies, plans, and programs — Administrative regulations — Fees.

  1. The secretary shall formulate, promote, establish, and execute policies, plans, and comprehensive programs and shall adopt, administer, and enforce throughout the Commonwealth all applicable state laws and all administrative regulations necessary under applicable state laws to protect, develop, and maintain the health, personal dignity, integrity, and sufficiency of the individual citizens of the Commonwealth and necessary to operate the programs and fulfill the responsibilities vested in the cabinet. The secretary shall promulgate, administer, and enforce those administrative regulations necessary to implement programs mandated by federal law, or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs.
    1. Except as otherwise provided by law, the secretary shall have authority to establish by administrative regulation a schedule of reasonable fees. The total fees for permitting and inspection: (2) (a) Except as otherwise provided by law, the secretary shall have authority to establish by administrative regulation a schedule of reasonable fees. The total fees for permitting and inspection:
      1. Shall be the total of the operational and administrative costs of the programs to the cabinet and to agencies as defined in KRS 211.185 ;
      2. Beginning on March 17, 2020 until December 31, 2020, shall not increase more than twenty-five percent (25%) of the fee amount on March 17, 2020; and
      3. Beginning on or after January 1, 2021, shall not increase more than five percent (5%) for each year thereafter.
    2. The fees shall cover the costs of annual inspections of efforts regarding compliance with program standards administered by the cabinet.
    3. All fees collected for inspections shall be deposited in the State Treasury and credited to a revolving fund account to be used for administration of those programs of the cabinet. The balance of the account shall lapse to the general fund at the end of each biennium. Fees shall not be charged for investigation of complaints.

History. Enact. Acts 1998, ch. 426, § 6, effective July 15, 1998; 2000, ch. 406, § 25, effective July 14, 2000; 2005, ch. 99, § 26, effective June 20, 2005; 2017 ch. 80, § 17, effective June 29, 2017; 2018 ch. 136, § 1, effective July 1, 2019; 2020 ch. 21, § 4, effective March 17, 2020; 2020 ch. 36, § 7, effective July 15, 2020.

Legislative Research Commission Notes.

(7/15/2020). This statute was amended by 2020 Ky. Acts chs. 21 and 36, which do not appear to be in conflict and have been codified together.

NOTES TO DECISIONS

1.Pattern of Overcharging.

It was not arbitrary for a health department agency to find a pattern of overcharging, based on three (3) occurrences, and to suspend a vendor for three (3) years from a federal nutrition program for children. K & P Grocery, Inc. v. Commonwealth, 103 S.W.3d 701, 2002 Ky. App. LEXIS 2327 (Ky. Ct. App. 2002).

194A.055. Kentucky Health Care Improvement Fund — Purpose — Source of moneys — Strategic plan for fund distribution — Annual report and audit.

There is established in the State Treasury a fund to be known as the “Kentucky Health Care Improvement Fund.” This fund shall exist for the purpose of receipt and expenditure of moneys to improve health care and access to health insurance residents of the Commonwealth. The fund may receive state appropriations, gifts, grants, and federal funds and shall be disbursed by the State Treasury upon the warrant of the secretary of the Cabinet for Health and Family Services. Beginning July 1, 2000, twenty-five percent (25%) of the proceeds from the tobacco settlement agreement fund shall be deposited in this fund as provided under KRS 248.654 . All investment income earned from moneys deposited in the fund shall accrue to the fund. The moneys in the fund shall not lapse at the close of any fiscal year but shall be carried forward in the next fiscal year for the purpose of the fund. The board shall develop and oversee the implementation of a strategic plan. The strategic plan shall identify both short-term and long-term goals and the appropriate oversights to measure progress toward achievement of those goals, and it shall be updated every two (2) years. The board shall submit an annual report to the Governor and the Legislative Research Commission by September 1 of each year for the preceding fiscal year, outlining its activities and expenditures. The Auditor of Public Accounts, on an annual basis, shall conduct a thorough review of all expenditures from the fund and, if necessary in the opinion of the Auditor, an audit of the operations of the fund. No money in the fund shall be allocated until the board has adopted a strategic plan.

History. Enact. Acts 2000, ch. 546, § 4, effective April 26, 2000; 2005, ch. 99, § 152, effective June 20, 2005.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. V, D, 4 at 940.

194A.060. Confidentiality of record and reports.

  1. The secretary shall develop and promulgate administrative regulations that protect the confidential nature of all records and reports of the cabinet that directly or indirectly identify a client or patient or former client or patient of the cabinet and that insure that these records are not disclosed to or by any person except as, and insofar as:
    1. The person identified or the guardian, if any, shall give consent; or
    2. Disclosure may be permitted under state or federal law.
  2. The cabinet shall share pertinent information from within the agency’s records on clients, current and former clients, recipients, and patients as may be permitted by federal and state confidentiality statutes and regulations governing release of data with other public, quasi-public, and private agencies involved in providing services to current or former clients or patients subject to confidentiality agreements as permitted by federal and state law if those agencies demonstrate a direct, tangible, and legitimate interest in the records. In all instances, the individual’s right to privacy is to be respected.

History. Enact. Acts 1998, ch. 426, § 7, effective July 15, 1998.

Opinions of Attorney General.

The Office of the Inspector General and Adult Protective Services Branch of the Cabinet for Health and Family Services did not violate the Kentucky Open Records Act in denying identical requests submitted by an attorney on behalf of a hospital for copies of complaints made related to the treatment of a deceased patient while admitted at the hospital. The Cabinet, a hybrid entity under the Health Insurance Portability and Accountability Act of 1996, fully complied with state and federal law in responding to the requests. The OIG properly denied the attorney’s request on the basis of 45 CFR § 164.512 (c) in conjunction with KRS 61.878(1)(a), (k) and ( l ), and KRS 194A.060(1). In addition, the APS properly conditioned release of the requested APS records upon completion of the Cabinet’s HIPAA compliant form or receipt of a court order in accordance with 45 CFR § 164.512 (c) and § 164.508(6)(c)(1). OAG 05-ORD-54.

194A.062. Criminal background investigation required for cabinet’s employees with access to or use of federal tax information and front-line staff.

  1. Each employee of the cabinet, including contract staff, with access to or use of federal tax information shall submit to a criminal background investigation by means of a fingerprint check by the Department of Kentucky State Police and the Federal Bureau of Investigation.
  2. Front-line staff, as defined in KRS 194A.065 , shall submit to national and state fingerprint-supported criminal background checks by the Department of Kentucky State Police and the Federal Bureau of Investigation.
  3. The results of the national and state criminal background checks shall be sent to the cabinet.
  4. The cabinet may register employees, contract staff, or front-line staff in the rap back system.
  5. The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section.

HISTORY: 2017 ch. 97, § 1, effective March 21, 2017; 2020 ch. 53, § 1, effective July 15, 2020.

194A.065. Recording of data elements for centralized criminal history record information system — Definition of front-line staff.

  1. For the purposes of this section, “front-line staff” means an employee of the Division of Service Regions of the Department for Community Based Services or the immediate supervisor of an employee whose professional duties include ongoing adult or child protective services, protective services investigations or assessments, or regularly conducting interviews, visits, contacts, or providing transportation services or other services in the homes of family members involved in adult or child protective services.
  2. The Cabinet for Health and Family Services, the Department of Juvenile Justice, the Department of Corrections, the Administrative Office of the Courts, and the Department of Kentucky State Police shall be responsible for the recording of those data elements that are needed for the development of the centralized criminal history record information system.
  3. The database shall at a minimum contain the information required in KRS 27A.310 to 27A.440 .
  4. The Cabinet for Health and Family Services shall provide access to the Department of Kentucky State Police, the Department of Corrections, the Department of Juvenile Justice, and the Administrative Office of the Courts to its database.
  5. The cabinet secretary and the secretary of the Justice and Public Safety Cabinet shall establish communications, policies, and procedures to enable designated cabinet staff of the Department for Community Based Services who are working on a protective services investigation or an ongoing protective services case to request a state criminal background check, and within a reasonable time frame, but no later than one (1) hour after receipt of a request, to have the state criminal background check sent to designated cabinet staff. Designated cabinet staff may request a state criminal background check at any time for a protective services investigation and may use the state criminal background check to assess staff safety concerns.
  6. The Cabinet for Health and Family Services shall prioritize the safety needs of the front-line staff of the Department for Community Based Services and provide improvements in accordance with this section and KRS 194A.562 , 194A.564 , and 605.170 .

History. Enact. Acts 1998, ch. 606, § 18, effective July 15, 1998; 2005, ch. 99, § 153, effective June 20, 2005; 2007, ch. 140, § 2, effective April 5, 2007; 2007, ch. 85, § 217, effective June 26, 2007.

Legislative Research Commission Notes.

(6/26/2007). This section was amended by 2007 Ky. Acts chs. 85 and 140, which do not appear to be in conflict and have been codified together.

(6/26/2007). The numbering of subsections in this section has been altered from the numbering of 2007 Ky. Acts ch. 140, sec. 2, by the Reviser of Statutes under the authority of KRS 7.136 .

(6/26/2007). 2007 Ky. Acts ch. 85, relating to the creation and organization of the Justice and Public Safety Cabinet, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in that Act. Such a correction has been made in this section.

Research References and Practice Aids

Cross-References.

Administrative Office of the Courts, KRS 27A.050 .

Department of Corrections, KRS Chapter 196.

Department of Juvenile Justice, KRS 15A.065 .

Kentucky State Police, KRS Chapter 16.

194A.070. Utilizing community resources for delivery of services.

The cabinet is authorized to utilize and promote available or potential community resources for the delivery of services and shall, when it deems appropriate, contract for services with local, community, and private agencies when services would not otherwise be available without cost. The cabinet and local, community, and private agencies operating on contract with the cabinet may charge for services rendered when this would be in accordance with applicable state law.

History. Enact. Acts 1998, ch. 426, § 8, effective July 15, 1998.

194A.080. Cost-allocation plan.

The secretary shall arrange for the development of a cost allocation plan by the cabinet. The cost allocation shall be developed in accordance with generally recognized accounting practices and shall make provisions for the distribution of operational and administrative costs of all organizational units of the cabinet to all programs operated by the cabinet that receive services or are otherwise benefited by the operations of those organizational units.

History. Enact. Acts 1998, ch. 426, § 9, effective July 15, 1998.

194A.085. Governor’s Office of Wellness and Physical Activity — Duties, rights, and responsibilities. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2006, ch. 172, § 4, effective July 12, 2006; 2007, ch. 24, § 4, effective June 26, 2007; 2009, ch. 11, § 60, effective June 25, 2009) was repealed by Acts 2012, ch. 158, § 80, effective July 12, 2012.

194A.090. Citizen advisory bodies — Public Health Services Advisory Council — Institute for Aging. [Repealed]

HISTORY: Enact. Acts 1998, ch. 426, § 10, effective July 15, 1998; 2000, ch. 6, § 7, effective July 14, 2000; 2005, ch. 99, § 27, effective June 20, 2005; 2017 ch. 80, § 18, effective June 29, 2017; repealed by 2018 ch. 112, § 19, effective July 14, 2018.

194A.092. Division of Child Abuse and Domestic Violence Services. [Repealed.]

Compiler’s Notes.

This section (Repealed, reenact. and amend., Acts 2005, ch. 99, § 12, effective June 20, 2005; 2007, ch. 85, § 218, effective June 26, 2007) was repealed by Acts 2012, ch. 158, § 80, effective July 12, 2012.

194A.095. Division of Women’s Health — Receipt of gifts, grants, and bequests.

  1. There is created in the Cabinet for Health and Family Services a Division of Women’s Health for the purpose of:
    1. Serving as a repository for data and information affecting women’s physical and mental health issues;
    2. Analyzing and communicating trends in women’s health issues and mental health;
    3. Recommending to the Cabinet for Health and Family Services data elements affecting women’s physical and mental health. The division shall advise and direct which data elements should be collected, analyzed, and reported in a timely manner under KRS 216.2920 to 216.2929 ;
    4. Cooperating and collaborating with the Cabinet for Health and Family Services in receiving and disseminating through all forms of media including the Internet relevant aggregate data findings under KRS 216.2920 to 216.2929 which affect women; and
    5. Planning, developing, and administering a Women’s Health Resource Center within the Cabinet for Health and Family Services to focus on targeted preventive care and comprehensive health education.
  2. The division may accept gifts, grants, and bequests in support of its mission and duties specified in subsection (1) of this section. All money received shall be administered by the cabinet, which shall administer these funds through appropriate trust and agency accounts.

HISTORY: Enact. Acts 1998, ch. 427, § 11, effective July 15, 1998; 2001, ch. 74, § 1, effective June 21, 2001; 2002, ch. 238, § 1, effective July 15, 2002; 2005, ch. 99, § 154, effective June 20, 2005; 2012, ch. 158, § 15, effective July 12, 2012; 2017 ch. 80, § 29, effective June 29, 2017.

194A.097. Division of Family Resource and Youth Services Centers — Administrative regulations.

The Division of Family Resource and Youth Services Centers shall promulgate administrative regulations to:

  1. Implement requirements for applications for continuation funding of a family resource or youth services center; and
  2. Establish a continuing education program for coordinators and staff.

History. Enact. Acts 2008, ch. 120, § 4, effective July 15, 2008.

194A.099. Division of Health Benefit Exchange to administer the Public Protection and Affordable Care Act of 2010 — Powers and duties — Administrative regulations — Office not to establish procedures and rules that conflict with the Public Protection and Affordable Care Act.

  1. The Division of Health Benefit Exchange shall administer the provisions of the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148.
  2. The Division of Health Benefit Exchange shall:
    1. Facilitate enrollment in health coverage and the purchase and sale of qualified health plans in the individual market;
    2. Facilitate the ability of eligible individuals to receive premium tax credits and cost-sharing reductions and enable eligible small businesses to receive tax credits, in compliance with all applicable federal and state laws and regulations;
    3. Oversee the consumer assistance programs of navigators, in-person assisters, certified application counselors, and insurance agents as appropriate;
    4. At a minimum, carry out the functions and responsibilities required pursuant to 42 U.S.C. sec. 18031 to implement and comply with federal regulations in accordance with 42 U.S.C. sec. 18041 ; and
    5. Regularly consult with stakeholders in accordance with 45 C.F.R. sec. 155.130 .
  3. The office may enter into contracts and other agreements with appropriate entities, including but not limited to federal, state, and local agencies, as permitted under 45 C.F.R. sec. 155.110 , to the extent necessary to carry out the duties and responsibilities of the office, provided that the agreements incorporate adequate protections with respect to the confidentiality of any information to be shared.
  4. The office shall pursue all available federal funding for the further development and operation of the Division of Health Benefit Exchange.
  5. The Office of Health Data and Analytics shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section.
  6. The office shall not establish procedures and rules that conflict with or prevent the application of the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148.

HISTORY: 2019 ch. 90, § 3, effective June 27, 2019.

194A.101. Division of Analytics created in the Office of Health Data and Analytics — Duties and responsibilities — Review of data requests — Administrative regulations.

  1. The Division of Analytics is hereby created in the Office of Health Data and Analytics. The division shall provide oversight and strategic direction and be responsible for coordinating the data analysis initiatives for the various departments that regulate health care and social services to ensure that policy is consistent with the long-term goals across the Commonwealth.
  2. The division shall have the authority to review all data requests received by the cabinet from the public, review the requests for content to determine the cabinet’s response, and approve the release of the requested information. The division shall review data analyses conducted by the departments within the cabinet to ensure the consistency, quality, and validity of the analysis prior to its use in operational and policy decisions. The division shall facilitate the process of data integration by initiating and maintaining data-sharing agreements in order to improve inter-agency and cross-cabinet collaboration.
  3. The Office of Health Data and Analytics shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section.

HISTORY: 2019 ch. 90, § 4, effective June 27, 2019.

194A.103. Division of Health Information created in the Office of Health Data and Analytics — Division to provide leadership in the redesign of the health care delivery system — Administrative regulations.

  1. The Division of Health Information is hereby created in the Office of Health Data and Analytics. The division shall provide leadership in the redesign of the health care delivery system using electronic information technology as a means to improve patient care and reduce medical errors and duplicative services.
  2. The Office of Health Data and Analytics shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement the provisions of this section.

HISTORY: 2019 ch. 90, § 5, effective June 27, 2019.

194A.105. Division of Telehealth Services created in the Office of Health Data and Analytics — Duties and responsibilities concerning delivery of care using telehealth.

There is hereby created a Division of Telehealth Services within the Office of Health Data and Analytics to be headed by a director appointed by the secretary pursuant to KRS 12.050 . The division shall provide oversight, guidance, and direction to Medicaid providers delivering care using telehealth. The division shall implement telehealth services and develop standards, guidance, resources, and education to help promote access to healthcare services in the Commonwealth.

HISTORY: 2020 ch. 9, § 3, effective July 15, 2020.

194A.105. Division of Telehealth Services created in the Office of Health Data and Analytics — Duties and responsibilities concerning delivery of care using telehealth.

There is hereby created a Division of Telehealth Services within the Office of Health Data and Analytics to be headed by a director appointed by the secretary pursuant to KRS 12.050 . The division shall:

  1. Provide guidance and direction to healthcare providers delivering care using telehealth;
  2. Develop guidance, resources, and education to help promote access to healthcare services in the Commonwealth;
  3. Assist the Cabinet for Health and Family Services with the implementation of Section 2 of this Act; and
  4. Provide the Department for Medicaid Services with any additional information deemed relevant by the division for inclusion in the report required by subsection (2) of Section 2 of this Act.

HISTORY: 2020 ch. 9, § 3, effective July 15, 2020; 2021 ch. 67, § 5.

194A.110. Advisory Council for Medical Assistance attached for administrative and support purposes.

The Advisory Council for Medical Assistance, established by KRS 205.540 , and its associated bodies are attached to the Department for Medicaid Services for administrative and support purposes. The Advisory Council for Medical Assistance shall advise the secretary for health and family services and the commissioner for Medicaid services on the administration and operation of the Medical Assistance Program.

History. Enact. Acts 1998, ch. 426, § 11, effective July 15, 1998; 2005, ch. 99, § 155, effective June 20, 2005.

194A.115. Statewide Independent Living Council.

  1. The Statewide Independent Living Council is hereby created and attached to the Cabinet for Health and Family Services in accordance with 42 U.S.C. sec. 3515 e for administrative purposes to accomplish the purposes enumerated in 29 U.S.C. sec. 796 d (Title VII, Part A, Section 705 of the Rehabilitation Act Amendments of 1998). Members of the council shall be appointed by the Governor from recommendations submitted by the Department for Aging and Independent Living consistent with the federal mandate to include a majority of individuals with disabilities representing geographical and disability diversity, as well as representatives from identified service providers and other entities. The composition, qualifications, and terms of service of the council shall conform to the federal law.
    1. Except as provided in paragraph (b) of this subsection, any vacancy occurring in the membership of the Statewide Independent Living Council shall be filled in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members of the council. (2) (a) Except as provided in paragraph (b) of this subsection, any vacancy occurring in the membership of the Statewide Independent Living Council shall be filled in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members of the council.
    2. The Governor may delegate the authority to fill a vacancy to the remaining voting members of the council.
  2. Each member of the Statewide Independent Living Council may receive a per diem of one hundred dollars ($100), not to exceed six hundred dollars ($600) annually, for each regular or special meeting attended if the member is not employed or must forfeit wages from other employment. Each member may have travel expenses approved at the established state rate and expenses reimbursed at the established state agency rate for services such as personal assistance, child care, and drivers for attendance at council meetings, and in the performance of duties authorized by the Statewide Independent Living Council. The per diem and expenses shall be paid out of the federal funds appropriated under 29 U.S.C. ch. 16.

History. Enact. Acts 1994, ch. 469, § 3, effective July 15, 1994; 2000, ch. 211, § 1, effective July 14, 2000; 2006, ch. 211, § 50, effective July 12, 2006; repealed, reenacted, renumbered, and amended, 2016, ch. 32, § 2, effective July 15, 2016.

Compiler’s Notes.

KRS 194A.115 was formerly codified as KRS 151B.240 .

194A.120. Bodies attached to cabinet with statutory authority to issue administrative regulations.

The Office for Children with Special Health Care Needs and the State Interagency Council for Services and Support to Children and Transition-Age Youth shall be the only statutory bodies attached to the cabinet that shall have the authority to issue administrative regulations. No other corporate body or instrumentality of the Commonwealth, advisory committee, interstate compact, or other statutory body, presently attached to the cabinet, shall issue administrative regulations but shall operate only in an advisory capacity.

HISTORY: Enact. Acts 1998, ch. 426, § 12, effective July 15, 1998; 2018 ch. 120, § 8, effective July 14, 2018.

Legislative Research Commission Notes.

(7/14/2018). Under the authority of KRS 7.136(2), one or more references to the “Commission for Children with Special Health Care Needs” in this statute have been changed in codification to the “Office for Children with Special Health Care Needs” to reflect the renaming of the commission by the General Assembly in 2018 Ky. Acts ch. 114.

(7/15/2014). In 2014 Ky. Acts ch. 132, sec. 18, the State Interagency Council for Services to Children with an Emotional Disability was renamed the State Interagency Council for Services to Children. Under the authority of KRS 7.136(2), the Reviser of Statutes has corrected the reference to that council that appears in this statute.

194A.125. Telehealth Board — Members — Chair — Scope of administrative regulations — Board to make recommendations following consultation with Governor’s office — Universities of Kentucky and Louisville to report to General Assembly — Receipt and dispensing of funds. [Repealed]

History. Repealed, reenact. and amend. 2007, ch. 24, § 25, effective June 26, 2007; 2012, ch. 158, § 16, effective July 12, 2012; repealed by 2018 ch. 187, § 10, effective July 1, 2019.

194A.130. Limitation on administrative processes.

No corporate body or instrumentality of the Commonwealth, advisory committee, interstate compact, or other statutory body, attached to or within the cabinet, shall expend funds, hire employees, issue grants, or otherwise engage in the normal administrative process of the cabinet. All of these bodies shall be provided administrative and support services by the cabinet.

History. Enact. Acts 1998, ch. 426, § 13, effective July 15, 1998.

194A.135. Commonwealth Council on Developmental Disabilities — Members — Executive Director — Duties. [Renumbered]

HISTORY: Enact. Acts 1998, ch. 426, § 14, effective July 15, 1998; 2000, ch. 20, § 1, effective July 14, 2000; 2002, ch. 59, § 1, effective July 15, 2002; 2005, ch. 99, § 156, effective June 20, 2005; 2005, ch. 138, § 3, effective June 20, 2005; 2006, ch. 211, § 118, effective July 12, 2006; 2007, ch. 24, § 5, effective June 26, 2007; 2012, ch. 146, § 22, effective July 12, 2012; 2012, ch. 158, § 17, effective July 12, 2012; 2016 ch. 18, § 3, effective July 15, 2016; renumbered to § 41.410 by 2018 ch. 95 § 1, effective July 14, 2018.

194A.140. Special subcommittees of the Public Health Services Advisory Council or of the Institute for Aging. [Repealed]

History. Enact. Acts 1998, ch. 426, § 15, effective July 15, 1998; 2000, ch. 6, § 9, effective July 14, 2000; repealed by 2020 ch. 36, § 44, effective July 15, 2020.

Strategic Planning for Children in Placement

194A.145. Legislative findings and declarations. [Repealed]

History. Repealed, reenact. and amend., Acts 2005, ch. 99, § 31, effective June 20, 2005; repealed by 2020 ch. 36, § 44, effective July 15, 2020.

194A.146. Statewide Strategic Planning Committee for Children in Placement — Membership — Plans — Review — Information Systems — Study of changes in child welfare delivery — Annual report. [Repealed]

History. Repealed, reenact. and amend., Acts 2005, ch. 85, § 617, effective June 20, 2005; 2005, ch. 99, § 32, effective June 20, 2005; 2012, ch. 146, § 23, effective July 12, 2012; 2012, ch. 158, § 18, effective July 12, 2012; 2018 ch. 159, § 50, effective July 14, 2018; repealed by 2020 ch. 36, § 44, effective July 15, 2020.

194A.150. State officials as voting members of citizens’ councils.

When federal programs require a particular citizens’ council within or attached to the cabinet to include state officials as voting members, the secretary shall, for the specific purposes of those federal programs, be authorized to vote in those council meetings and shall further be authorized to call upon either the secretary of the Cabinet for Health and Family Services, the secretary of the Finance and Administration Cabinet, the chief state school officer, the secretary of the Justice and Public Safety Cabinet, the secretary of the Public Protection Cabinet, the secretary of the Energy and Environment Cabinet, the secretary of the Labor Cabinet, the secretary of the Cabinet for Economic Development, the executive director of the Council on Higher Education, or any combination of the above as may be appropriate, to be voting members of expanded citizens’ councils for the purposes of these federal programs. The secretary shall exercise this prerogative only when the federal programs specifically require that state officials be voting members of the citizens’ councils.

History. Enact. Acts 1998, ch. 426, § 16, effective July 15, 1998; 2005, ch. 99, § 157, effective June 20, 2005; 2007, ch. 85, § 219, effective June 26, 2007; 2010, ch. 24, § 241, effective July 15, 2010.

194A.160. Alternates or representatives for boards, commissions, and similar bodies.

The secretary and other state officials with the approval of the secretary may designate alternatives or representatives to serve in their capacity as members of all boards, commissions, councils, institutes, and other similar bodies within or attached to the cabinet. The secretary or the secretary’s designee shall be an ex officio member of all boards, committees, councils, institutes, and other similar bodies within or attached to the cabinet.

History. Enact. Acts 1998, ch. 426, § 17, effective July 15, 1998.

194A.170. Secretary’s authority to create special task forces, advisory committees, and other citizens’ panels.

The secretary is authorized to create special task forces, technical advisory committees, and other citizens’ panels as may be necessary to support the operations of the cabinet. No other officials of the cabinet shall be authorized to create citizens’ panels associated with the cabinet, its programs, or suborganizational units, and the secretary shall not delegate this authority.

History. Enact. Acts 1998, ch. 426, § 18, effective July 15, 1998.

194A.180. Administrative regulations and decisions of various bodies transferred to Advisory Council for Medical Assistance.

All administrative regulations, acts, determinations, and decisions of and by the corporate bodies or instrumentalities of the Commonwealth, advisory committees, interstate compacts, or other statutory bodies, transferred in whole or in part to the Advisory Council for Medical Assistance, shall remain in effect as the administrative regulations, acts, determinations, and decisions of the cabinet unless duly modified or repealed by the secretary.

History. Enact. Acts 1998, ch. 426, § 19, effective July 15, 1998; 2020 ch. 36, § 8, effective July 15, 2020.

194A.182. Continued viability of administrative regulations and decisions of predecessor bodies of the Institute for Aging.

All administrative regulations, acts, determinations, and decisions of or by the corporate bodies or instrumentalities of the Commonwealth, advisory committees, interstate compacts, or other statutory bodies transferred in whole or in part to the Institute for Aging shall remain in effect as administrative regulations, acts, determinations, and decisions of the cabinet unless duly modified or repealed by the secretary.

History. Enact. Acts 2000, ch. 6, § 8, effective July 14, 2000.

194A.190. Gifts and grants to the Advisory Council for Medical Assistance.

The Advisory Council for Medical Assistance shall be empowered to accept gifts and grants, but all of these moneys shall be administered by the cabinet, which shall administer these funds through appropriate trust and agency accounts.

History. Enact. Acts 1998, ch. 426, § 20, effective July 15, 1998; 2000, ch. 6, § 10, effective July 14, 2000; 2005, ch. 99, § 28, effective June 20, 2005; 2017 ch. 80, § 19, effective June 29, 2017; 2020 ch. 36, § 9, effective July 15, 2020.

194A.200. Compensation and expenses of members of the Public Health Services Advisory Council and the Institute for Aging — Members of citizens’ councils not public officers. [Repealed]

History. Enact. Acts 1998, ch. 426, § 21, effective July 15, 1998; 2000, ch. 6, § 11, effective July 14, 2000; 2005, ch. 99, § 29, effective June 20, 2005; 2017 ch. 80, § 20, effective June 29, 2017; repealed by 2020 ch. 36, § 44, effective July 15, 2020.

194A.350. Liability insurance for physicians, hospital administrators, and directors employed by cabinet.

  1. The secretary of the cabinet is authorized to purchase liability insurance for the protection of physicians, hospital administrators, and directors employed by the cabinet to protect them from liability for acts, omissions, and claims of medical malpractice arising in the course and scope of their employment of service to the cabinet.
  2. The secretary may purchase the type and amount of liability coverage deemed appropriate to best serve the cabinet’s interest.

History. Enact. Acts 1998, ch. 426, § 22, effective July 15, 1998.

194A.360. Update of database.

The Cabinet for Health and Family Services shall update its database within thirty (30) days of receipt of information. The update shall include information from the:

  1. Offender records;
  2. Institutional records; and
  3. Administrative records.

History. Repealed, reenact., and amend. Acts 2002, ch. 257, § 18, effective July 15, 2002; 2005, ch. 99, § 158, effective June 20, 2005.

Compiler’s Notes.

This section was formerly compiled as KRS 15A.314 .

194A.365. Annual report on committed children — Contents.

The cabinet shall make an annual report to the Governor, the Child Welfare Oversight and Advisory Committee established in KRS 6.943 , and the Chief Justice. The report shall be tendered not later than December 1 of each year and shall include information for the previous fiscal year. The report shall include, but not be limited to, the following information:

  1. The number of children under an order of dependent, status, public, or voluntary commitment to the cabinet, according to: permanency planning goals, current placement, average number of placements, type of commitment, and the average length of time children remain committed to the cabinet;
  2. The number of children in the custody of the cabinet in the following types of residential placements, the average length of stay in these placements, and the average number of placements experienced by these children: family foster homes, private child care facilities, and placement with biological parent or person exercising custodial control or supervision;
  3. The number of children in the custody of the cabinet eligible for adoption, the number placed in an adoptive home, and the number ineligible for adoption and the reasons therefor;
  4. The cost in federal and state general funds to care for the children defined in subsections (1) and (2) of this section, including the average cost per child for each type of placement, direct social worker services, operating expenses, training, and administrative costs; and
  5. Any other matters relating to the care of foster children that the cabinet deems appropriate and that may promote further understanding of the impediments to providing permanent homes for foster children.

HISTORY: Enact. Acts 1998, ch. 426, § 47, effective July 15, 1998; repealed, reenact. and amend., Acts 2005, ch. 99, § 33, effective July 20, 2005; 2018 ch. 159, § 51, effective July 14, 2018.

Compiler’s Notes.

This section was formerly compiled as KRS 194B.360 .

Legislative Research Commission Notes.

(6/20/2005). KRS 194B.360 was repealed and reenacted as a new section of KRS Chapter 194A by 2005 Ky. Acts ch. 99, § 33, and repealed by 2005 Ky. Acts ch. 99, § 674, and has been codified as this section of KRS Chapter 194A.

194A.370. Professional development for staff on child development and abuse.

The Cabinet for Health and Family Services shall provide professional development for staff employed by the cabinet or by local public agencies in child development, the dynamics of physical and sexual abuse, the impact of violence on child development, the treatment of offenders, and related issues. Each staff person who is employed by the cabinet or by a local public agency and who works with children or with families shall successfully complete the professional development program in order to remain assigned to child or family programs. The cabinet shall specify the manner of professional development and related matters by administrative regulation.

History. Repealed and reenact., Acts 2005, ch. 99, § 34, effective July 20, 2005.

Compiler’s Notes.

This section was formerly compiled as KRS 194B.370 .

194A.380. Definitions for KRS 194A.380 to 194A.383.

  1. “Criminal offense against a minor” means a conviction or a plea of guilty to any of the following offenses if the victim is under the age of eighteen (18) at the time of the commission of the offense:
    1. Kidnapping, as in KRS 509.040 , except by a parent;
    2. Unlawful imprisonment, as in KRS 509.020 , except by a parent;
    3. Sexual misconduct as in KRS 510.140 ;
    4. Use of a minor in a sexual performance, as in KRS 531.310 ;
    5. Promoting a sexual performance of a minor, as in KRS 531.320 ;
    6. Possession or viewing matter portraying a sexual performance by a minor, as in KRS 531.335 ;
    7. Distribution of matter portraying a sexual performance by a minor, as in KRS 531.340 ;
    8. Promoting the sale of material portraying a sexual performance by a minor, as in KRS 531.350 ;
    9. Advertising material portraying a sexual performance by a minor, as in KRS 531.360 ;
    10. Using minors to distribute material portraying a sexual performance by a minor, as in KRS 531.370 ;
    11. Human trafficking involving commercial sexual activity, as in KRS 529.100 ;
    12. Promoting prostitution, as in KRS 529.040 , when the defendant advances or profits from the prostitution of a person under the age of eighteen (18);
    13. Unlawful transaction with a minor in the first degree, as in KRS 530.064(1)(a);
    14. Any attempt to commit any of the offenses described in paragraphs (a) to (m) of this subsection; or
    15. Solicitation to commit any of the offenses described in paragraphs (a) to (m) of this subsection;
  2. “Sex crime” means a conviction or a plea of guilty to any of the following offenses:
    1. Rape in the first degree as in KRS 510.040 ;
    2. Rape in the second degree as in KRS 510.050 ;
    3. Rape in the third degree as in KRS 510.060 ;
    4. Sodomy in the first degree as in KRS 510.070 ;
    5. Sodomy in the second degree as in KRS 510.080 ;
    6. Sodomy in the third degree as in KRS 510.090 ;
    7. Sodomy in the fourth degree as in KRS 510.100 ;
    8. Sexual abuse in the first degree as in KRS 510.110 ;
    9. Sexual abuse in the second degree as in KRS 510.120 ;
    10. Sexual abuse in the third degree as in KRS 510.130 ;
    11. Indecent exposure in the first degree as in KRS 510.148 ;
    12. Indecent exposure in the second degree as in KRS 510.150 ;
    13. Unlawful use of electronic means originating or received within the Commonwealth to induce a minor to engage in sexual or other prohibited activities as in KRS 510.155 ; or
    14. Incest as in KRS 530.020 ;
  3. “Violent offender” means any person who has been convicted of or who has entered a plea of guilty to the commission of a capital offense, Class A felony, Class B felony involving the death of the victim or serious physical injury to the victim, or rape in the first degree, or sodomy in the first degree; and
  4. “Youth camp” or “camp” means:
    1. Any camp required pursuant to KRS 211.180 to obtain a permit to operate; and
    2. Any program offered, whether free or for a fee, for recreational, educational, sports training, or vacation purposes to children under eighteen (18) years of age that a child attends outside the presence of his or her parent or legal guardian.

HISTORY: 2017 ch. 115, § 4, effective July 1, 2018.

194A.380. Definitions for KRS 194A.380 to 194A.383.

As used in KRS 194A.380 to 194A.383 :

  1. “Criminal offense against a minor” means a conviction or a plea of guilty to any of the following offenses if the victim is under the age of eighteen (18) at the time of the commission of the offense:
    1. Kidnapping, as in KRS 509.040 , except by a parent;
    2. Unlawful imprisonment, as in KRS 509.020 , except by a parent;
    3. Sexual misconduct as in KRS 510.140 ;
    4. Use of a minor in a sexual performance, as in KRS 531.310 ;
    5. Promoting a sexual performance of a minor, as in KRS 531.320 ;
    6. Possession or viewing matter portraying a sexual performance by a minor, as in KRS 531.335 ;
    7. Distribution of matter portraying a sexual performance by a minor, as in KRS 531.340 ;
    8. Promoting the sale of material portraying a sexual performance by a minor, as in KRS 531.350 ;
    9. Advertising material portraying a sexual performance by a minor, as in KRS 531.360 ;
    10. Using minors to distribute material portraying a sexual performance by a minor, as in KRS 531.370 ;
    11. Human trafficking involving commercial sexual activity, as in KRS 529.100 ;
    12. Promoting prostitution, as in KRS 529.040 , when the defendant advances or profits from the prostitution of a person under the age of eighteen (18);
    13. Unlawful transaction with a minor in the first degree, as in KRS 530.064(1)(a);
    14. Any attempt to commit any of the offenses described in paragraphs (a) to (m) of this subsection; or
    15. Solicitation to commit any of the offenses described in paragraphs (a) to (m) of this subsection;
  2. “Local government” means a city, county, consolidated local government, urban- county government, unified local government, or charter county government;
  3. “Local government youth day camp” means a camp operated by a local government for all or part of a day, whether free or for a fee, for five (5) or more children under eighteen (18) years of age outside the presence of their parent or guardian for recreational or educational purposes for four (4) or more consecutive hours per day during school vacation periods, school breaks, or school cancellations;
  4. “Sex crime” means a conviction or a plea of guilty to any of the following offenses:
    1. Rape in the first degree as in KRS 510.040 ;
    2. Rape in the second degree as in KRS 510.050 ;
    3. Rape in the third degree as in KRS 510.060 ;
    4. Sodomy in the first degree as in KRS 510.070 ;
    5. Sodomy in the second degree as in KRS 510.080 ;
    6. Sodomy in the third degree as in KRS 510.090 ;
    7. Sodomy in the fourth degree as in KRS 510.100 ;
    8. Sexual abuse in the first degree as in KRS 510.110 ;
    9. Sexual abuse in the second degree as in KRS 510.120 ;
    10. Sexual abuse in the third degree as in KRS 510.130 ;
    11. Indecent exposure in the first degree as in KRS 510.148 ;
    12. Indecent exposure in the second degree as in KRS 510.150 ;
    13. Unlawful use of electronic means originating or received within the Commonwealth to induce a minor to engage in sexual or other prohibited activities as in KRS 510.155 ; or
    14. Incest as in KRS 530.020 ;
  5. “Staff member” means:
    1. An individual who is employed by a youth camp or camp or a local government youth day camp for compensation;
    2. A contract employee or a self-employed individual whose employment directly involves the care or supervision of children or unsupervised access to children placed with a youth camp or camp or a local government youth day camp; or
    3. A volunteer or intern whose activities on behalf of a youth camp or camp or a local government youth day camp directly involves the care or supervision of children or unsupervised access to children placed with a youth camp or camp or a local government youth day camp;
  6. “Violent offender” means any person who has been convicted of or who has entered a plea of guilty to the commission of a capital offense, Class A felony, Class B felony involving the death of the victim or serious physical injury to the victim, or rape in the first degree, or sodomy in the first degree; and
  7. “Youth camp” or “camp” means:
    1. Any camp required pursuant to KRS 211.180 to obtain a permit to operate; and
    2. Any program offered, whether free or for a fee, for recreational, educational, sports training, or vacation purposes to children under eighteen (18) years of age that a child attends outside the presence of his or her parent or legal guardian.

HISTORY: 2017 ch. 115, § 4, effective July 1, 2018; 2021 ch. 90, § 1.

194A.381. Nonapplicability of KRS 194A.380 to 194A.383 to specified circumstances.

KRS 194A.380 to 194A.383 shall not apply to:

  1. Public school districts or programs sponsored by the school district;
  2. Private schools;
  3. Child-care centers, child-caring and child-placing agencies; family child-care homes; and foster care, relative caregiver services or adoptive homes otherwise governed by KRS Chapter 199; or
  4. Babysitting or child-care arrangements made by a child’s parent or guardian and occurring within a private home.

HISTORY: 2017 ch. 115, § 5, effective July 1, 2018.

194A.382. Prohibition of employment by youth camp receiving public funds of person who has been convicted of criminal offense against a minor or a sex crime, is a violent offender, or has been found to have abused or neglected a child.

  1. A youth camp that receives public funds shall not employ, contract, or utilize as a volunteer, in any position, any person who has been convicted of or who has entered a plea of guilty to a criminal offense against a minor or a sex crime, who is a violent offender, or who has been found by the Cabinet for Health and Family Services or a court to have abused or neglected a child.
  2. Prior to employing, contracting with, or allowing volunteer work, each youth camp that receives public funds shall obtain from the Justice and Public Safety Cabinet a national and state criminal background check of the applicant, contractor, or volunteer prior to the individual’s presence at the camp or involvement in any program of the camp.
  3. Prior to employing, contracting with, or allowing volunteer work, each youth camp that receives public funds shall require applicants to obtain a letter from the Cabinet for Health and Family Services stating the individual is clear to hire based on no findings of substantiated child abuse or neglect found through a background check of child abuse and neglect records maintained by the Cabinet for Health and Family Services of the applicant, contractor, or volunteer prior to the individual’s presence at the camp or involvement in any program of the camp.
  4. Each application form provided by a youth camp that receives public funds to an applicant or volunteer shall in a prominent place and legible font conspicuously state the following: “STATE LAW REQUIRES A NATIONAL AND STATE CRIMINAL BACKGROUND CHECK AND A LETTER FROM THE CABINET FOR HEALTH AND FAMILY SERVICES STATING THE EMPLOYEE IS CLEAR TO HIRE BASED ON NO FINDINGS OF SUBSTANTIATED CHILD ABUSE OR NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD ABUSE AND NEGLECT RECORDS AS A CONDITION OF EMPLOYMENT OR INVOLVEMENT IN THIS PROGRAM.”
  5. Any request for records under this section shall be on a form approved by the Justice and Public Safety Cabinet, and the cabinet may charge a fee to be paid by the applicant in an amount no greater than the actual cost of processing the request.
  6. This section shall apply to all applicants and volunteers in a position which involves supervisory or disciplinary power over a minor.
  7. This section shall not be construed to prohibit an exempted organization from requiring its employees, contractors, or volunteers to submit to a background check. Youth camps that do not receive public funds may require its employees, contractor, or volunteers to submit to a criminal background check and to have a letter, provided by the individual, from the Cabinet for Health and Family Services stating the individual has no findings of substantiated child abuse or neglect found through a background check of child abuse and neglect records maintained by the Cabinet for Health and Family Services.
  8. This section shall not be construed to require a youth camp that receives public funds to employ, contract with, or allow volunteering by, an individual solely on the basis of an acceptable criminal background check.
  9. This section shall not limit the ability of a youth camp that receives public funds to establish a more stringent background check process for its employees, contractors, or volunteers regarding other criminal offenses which, in the discretion of the youth camp that receives public funds, would disqualify the individual from involvement with the youth camp.
  10. The form for requesting a letter, required by this section, stating an employee is clear to hire based on a background check of child abuse and neglect records maintained by the Cabinet for Health and Family Services shall be made available on the Cabinet for Health and Family Services Web site.

HISTORY: Enact. Acts 2017, ch. 115, § 6, effective July 1, 2018.

194A.382. Prohibition of employment by youth camp receiving public funds of person who has been convicted of criminal offense against a minor or a sex crime, is a violent offender, or has been found to have abused or neglected a child.

  1. A youth camp or camp or a local government youth day camp that receives public funds shall not employ, contract, or utilize as a volunteer, in any position, any staff member who has been convicted of or who has entered a plea of guilty to a criminal offense against a minor or a sex crime, who is a violent offender, or who has been found by the Cabinet for Health and Family Services or a court to have abused or neglected a child.
  2. Prior to employing, contracting with, or allowing volunteer work, each youth camp or camp or a local government youth day camp that receives public funds shall obtain from the Justice and Public Safety Cabinet a national and state criminal background check of the applicant, contractor, or volunteer who is or intends to become a staff member prior to the individual’s presence at the camp or involvement in any program of the camp.
  3. Prior to employing, contracting with, or allowing volunteer work, each youth camp or camp or a local government youth day camp that receives public funds shall require an applicant to obtain a letter from the Cabinet for Health and Family Services stating the individual is clear to hire based on no findings of substantiated child abuse or neglect found through a background check of child abuse and neglect records maintained by the Cabinet for Health and Family Services of the applicant, contractor, or volunteer who intends to become a staff member prior to the individual’s presence at the camp or involvement in any program of the camp.
  4. Each application form provided by a youth camp or camp or a local government youth day camp that receives public funds to an applicant or volunteer who intends to become a staff member shall in a prominent place and legible font conspicuously state the following: “STATE LAW REQUIRES A NATIONAL AND STATE CRIMINAL BACKGROUND CHECK AND A LETTER FROM THE CABINET FOR HEALTH AND FAMILY SERVICES STATING THE STAFF MEMBER IS CLEAR TO HIRE BASED ON NO FINDINGS OF SUBSTANTIATED CHILD ABUSE OR NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD ABUSE AND NEGLECT RECORDS AS A CONDITION OF EMPLOYMENT OR INVOLVEMENT IN THIS PROGRAM.”
  5. Any request for records under this section shall be on a form approved by the Justice and Public Safety Cabinet, and the cabinet may charge a fee to be paid by the applicant in an amount no greater than the actual cost of processing the request.
  6. This section shall apply to all applicants and volunteers in a position which involves supervisory or disciplinary power over a minor, who intend to become staff members.
  7. This section shall not be construed to prohibit an exempted organization from requiring its employees, contractors, or volunteers to submit to a background check. A youth camp or camp or a local government youth day camp that does not receive public funds may require its employees, contractor, or volunteers to submit to a criminal background check and to have a letter, provided by the individual, from the Cabinet for Health and Family Services stating the individual has no findings of substantiated child abuse or neglect found through a background check of child abuse and neglect records maintained by the Cabinet for Health and Family Services.
  8. This section shall not be construed to require a youth camp or camp or a local government youth day camp that receives public funds to employ, contract with, or allow volunteering by, an individual solely on the basis of an acceptable criminal background check.
  9. This section shall not limit the ability of a youth camp or camp or a local government youth day camp that receives public funds to establish a more stringent background check process for its employees, contractors, or volunteers regarding other criminal offenses which, in the discretion of the youth camp or camp or a local government youth day camp that receives public funds, would disqualify the individual from involvement with the youth camp or camp or a local government youth day camp.
  10. The form for requesting a letter, required by this section, stating a staff member is clear to hire based on a background check of child abuse and neglect records maintained by the Cabinet for Health and Family Services shall be made available on the Cabinet for Health and Family Services Web site.

HISTORY: Enact. Acts 2017, ch. 115, § 6, effective July 1, 2018; 2021 ch. 90, § 2.

194A.383. Penalty for violation of KRS 194A.382.

  1. Failure to comply with KRS 194A.382 will result in immediate suspension of the entity’s permit until compliance is obtained.
  2. If any employee, contractor, or volunteer is discovered to be a violent offender or has been convicted of a sex crime or a criminal offense against a minor, or has been found by the Cabinet for Health and Family Services to have abused or neglected a child, and if he or she has waived the right to appeal a substantiated finding of child abuse or neglect or if the substantiated incident was upheld upon appeal, he or she shall be immediately terminated from participation with the program and removed from the property.
  3. Any person who owns or operates a youth camp that receives public funds and who knowingly allows an individual to serve or continue to serve as an employee, contractor, or volunteer despite a conviction or offense specified in this section shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense.

HISTORY: Enact. Acts 2017, ch. 115, § 7, effective July 1, 2018.

194A.383. Penalty for violation of KRS 194A.382.

  1. Failure to comply with KRS 194A.382 will result in immediate suspension of the entity’s permit until compliance is obtained.
  2. If any employee, contractor, or volunteer who is a staff member is discovered to be a violent offender or has been convicted of a sex crime or a criminal offense against a minor, or has been found by the Cabinet for Health and Family Services to have abused or neglected a child, and if he or she has waived the right to appeal a substantiated finding of child abuse or neglect or if the substantiated incident was upheld upon appeal, he or she shall be immediately terminated from participation with the program and removed from the property.
  3. Any person who owns or operates a youth camp or camp or a local government youth day camp that receives public funds and who knowingly allows an individual who is a staff member to serve or continue to serve as an employee, contractor, or volunteer despite a conviction or offense specified in this section shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense.

HISTORY: Enact. Acts 2017, ch. 115, § 7, effective July 1, 2018; 2021 ch. 90, § 3.

Vaccination of Emergency Responders

194A.400. Definitions for KRS 194A.400 and 194A.410.

As used in this section and KRS 194A.410 :

  1. “Bioterrorism” means the intentional use, to cause or attempt to cause death, disease, or other biological malfunction in any living organism, of any of the following:
    1. Microorganism;
    2. Virus;
    3. Infectious substance; or
    4. Biological product that may be engineered as a result of biotechnology or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance, or biological product;
  2. “Commissioner” means the commissioner of the Department for Public Health within the Cabinet for Health and Family Services;
  3. “Department” means the Department for Public Health within the Cabinet for Health and Family Services;
  4. “Disaster location” means any geographical location where a bioterrorism attack, terrorist attack, catastrophic event, natural disaster, or emergency occurs; and
  5. “Emergency responder” means state or local law enforcement personnel, fire department personnel, corrections officers, and emergency medical personnel who may be deployed to a bioterrorism attack, terrorist attack, catastrophic event, natural disaster, or emergency.

History. Enact. Acts 2003, ch. 69, § 3, effective March 18, 2003; 2005, ch. 99, § 159, effective June 20, 2005.

194A.410. Vaccination program for emergency responders.

  1. The department shall offer a vaccination program for emergency responders who may be exposed to infectious diseases when deployed to a disaster location. The program shall include, but not be limited to, vaccinations for hepatitis A, hepatitis B, diphtheria-tetanus, influenza, pneumococcal, and any other diseases for which vaccinations are recommended by the United States Public Health Service and in accordance with Federal Emergency Management Director’s Policy. Immune globulin shall be made available when necessary.
    1. Participation in the vaccination program shall be voluntary by emergency responders. (2) (a) Participation in the vaccination program shall be voluntary by emergency responders.
    2. Participation in the vaccination program shall be mandatory for emergency responders who are:
      1. Classified as having “occupational exposure” to bloodborne pathogens as defined by the United States Occupational Safety and Health Administration Standard in 29 C.F.R. sec. 1910.1030, who shall be required to take the designated vaccinations; and
      2. Otherwise required by law to take the designated vaccinations.
  2. An emergency responder shall be exempt from receiving a vaccination when a written statement from a licensed physician is presented to the department indicating that a vaccine is medically contraindicated for that person or the emergency responder signs a written statement that the administration of a vaccination conflicts with his or her religious tenets.
  3. In the event of a vaccine shortage, the commissioner, in consultation with the Governor and the United States Centers for Disease Control and Prevention, shall use federal recommendations to determine the priority for emergency responders.
  4. The department shall notify emergency responders of the availability of the vaccination program and shall provide educational materials to emergency responders on ways to prevent exposure to infectious diseases.
  5. The department may contract with county and local health departments, not-for-profit home health care agencies, hospitals, physicians, or other licensed health care organizations to administer the vaccination program for emergency responders.
  6. This program shall be implemented upon receipt of federal funding or grants for administering an emergency responders vaccination program. Upon receipt of funding, the department shall make vaccines available to emergency responders as provided in this section.

History. Enact. Acts 2003, ch. 69, § 4, effective March 18, 2003.

Legend Drug Repository Program

194A.450. Definitions for KRS 194A.450 to 194A.458. [Renumbered]

History. Enact. Acts 2005, ch. 136, § 1, effective July 20, 2005; repealed, reenacted, and amended 2017, ch. 136, § 12, effective June 29, 2017.

Compiler’s Notes.

This section was renumbered as KRS 315.450 effective June 29, 2017.

194A.452. Legend Drug Repository Program to be established — Purpose — Permitted donations — Voluntary participation — Handling fee — Distribution. [Renumbered]

History. Enact. Acts 2005, ch. 136, § 2, effective July 20, 2005; repealed, reenacted, and amended 2017, ch. 136, § 13, effective June 29, 2017.

Compiler’s Notes.

This section was renumbered as KRS 315.452 effective June 29, 2017.

194A.454. Requirements for accepting and dispensing legend drug or administration supplies. [Renumbered]

History. Enact. Acts 2005, ch. 136, § 3, effective July 20, 2005; 2010, ch. 85, § 32, effective July 15, 2010; repealed, reenacted, and amended 2017, ch. 136, § 14, effective June 29, 2017.

Compiler’s Notes.

This section was renumbered as KRS 315.454 effective June 29, 2017.

194A.456. Immunity from civil liability — Exceptions. [Renumbered]

History. Enact. Acts 2005, ch. 136, § 4, effective July 20, 2005; repealed, reenacted, and amended 2017, ch. 136, § 156, effective June 29, 2017.

Compiler’s Notes.

This section was renumbered as KRS 315.456 effective June 29, 2017.

194A.458. Required administrative regulations. [Renumbered]

History. Enact. Acts 2005, ch. 136, § 5, effective July 20, 2005; repealed, reenacted, and amended 2017, ch. 136, § 16, effective June 29, 2017.

Compiler’s Notes.

This section was renumbered as KRS 315.458 effective June 29, 2017.

Assistance Program Frauds

194A.500. Definitions for KRS 194A.505.

As used in KRS 194A.505 :

  1. “Assistance program” means any program administered by the cabinet;
  2. “Benefit” means receipt of money, goods, or anything of pecuniary value from an assistance program;
  3. “False statement or misrepresentation” means a statement or representation knowingly made by a person to be false; and
  4. “Provider” means an individual, corporation, association, facility, or institution that is providing or has been approved to provide medical assistance to recipients under the Medical Assistance Program.

History. Enact. Acts 1998, ch. 426, § 23, effective July 15, 1998.

Research References and Practice Aids

Treatises

Kentucky Instructions to Juries (Criminal), 5th Ed., Controlled Substances, Part. 1 Definitions, §§ 9.10C–9.10F.

194A.505. Prohibited activities — Commencement of proceedings for enforcement.

  1. No person shall, with intent to defraud, knowingly make a false statement or misrepresentation or by other means fail to disclose a material fact used in determining the person’s qualification to receive benefits under any assistance program.
  2. No person shall, with intent to defraud, fail to report a change in the factors affecting the person’s eligibility for benefits.
  3. No person shall, with intent to defraud, knowingly use, attempt to use, acquire, transfer, forge, alter, traffic, counterfeit, or possess a medical identification card, food stamp or food stamp identification card, or unique electronic authorization codes or numbers or electronic personal identification numbers in any manner not authorized by law.
  4. No person having responsibility for the administration of an assistance program shall, having knowledge that it is in violation of the law, knowingly aid or abet any person in obtaining benefits to which the person is not legally entitled, or in obtaining a benefit amount greater than that to which the person is fully entitled.
  5. No person shall misappropriate or attempt to misappropriate a food stamp authorization-to-purchase card, food stamp identification card, or Medicaid identification card or misappropriate other benefits from any program with which the person has been assigned responsibility, nor shall the person knowingly fail to report any of these activities when it is clearly in violation of the law.
  6. No person shall, with intent to defraud or deceive, devise a scheme or plan a scheme or artifice to obtain benefits from any assistance program by means of false or fraudulent representations or intentionally engage in conduct that advances the scheme or artifice.
  7. No person shall aid and abet another individual in acts prohibited in subsections (1) to (6) of this section knowing it to be in violation of the law.
  8. The Attorney General on behalf of the Commonwealth of Kentucky may commence proceedings to enforce this section, and the Attorney General shall in undertaking these proceedings exercise all powers and perform all duties that a prosecuting attorney would otherwise perform or exercise.

History. Enact. Acts 1998, ch. 426, § 24, effective July 15, 1998; 2005, ch. 99, § 30, effective June 20, 2005.

194A.510. Defense in prosecution.

In any prosecution for the violation of KRS 194A.505 , it shall be a defense if the person relied on the advice of an employee or agent of the cabinet.

History. Enact. Acts 1998, ch. 426, § 25, effective July 15, 1998.

194A.515. Access to criminal records by cabinet’s agents.

For the purpose of enforcing the provisions of KRS 194A.505 and KRS 205.8451 to 205.8483 and of investigating any assistance program administered by the cabinet, the designated agents of the cabinet shall have the same access as peace officers to records maintained under KRS 17.150 .

History. Enact. Acts 1998, ch. 426, § 26, effective July 15, 1998.

Domestic Violence Training Programs

194A.540. Cabinet’s manner of addressing child abuse, child neglect, domestic violence, rape, and sexual assault — Coordination, consultation, recommendations, and training.

The cabinet shall address child abuse, child neglect, domestic violence, rape, and sexual assault in a manner that includes but is not limited to:

  1. Providing coordinative functions so that no services funded or provided by state government agencies are duplicative to ensure the greatest efficiency in the use of resources and funding, and to ensure that a consistent philosophy underlies all efforts undertaken by the administration in initiatives related to child abuse, child neglect, domestic violence, and rape or sexual assault;
  2. Providing training and consultation to programs provided or funded by the state which provide services to victims of child abuse, child neglect, domestic violence, rape or sexual assault, and other crimes;
  3. Working in conjunction with staff from the Justice and Public Safety Cabinet and other staff within the Cabinet for Health and Family Services, and with input from direct service providers throughout Kentucky, to develop standards of care for victim and offender services provided or funded by the state;
  4. Designing and implementing research programs which attend to the quality of victim-related services;
  5. Providing consultation on the development of budgets for the rape crisis, child abuse, child neglect, and domestic violence programs funded by the state;
  6. Providing recommendations to the Governor and to the secretaries of the Justice and Public Safety Cabinet and the Cabinet for Health and Family Services, related to the improvement and expansion of victim services provided or funded by those agencies;
  7. Undertaking new and progressive initiatives to improve and enhance the delivery of services to victims of child abuse, child neglect, domestic violence, and rape or sexual assault;
  8. Establishing that the commissioner of the Department for Community Based Services may, at the request of the Governor or any secretary, serve as a designee on boards, commissions, task forces, or other committees addressing child abuse, domestic violence, and rape or sexual assault;
  9. Establishing that the secretary for health and family services shall, in consultation with the applicable licensure boards, develop elder abuse, neglect, and exploitation-related and domestic violence-related training courses that are appropriate for the following professions:
    1. Mental health professionals licensed or certified under KRS Chapters 309, 319, and 335;
    2. Alcohol and drug counselors licensed or certified under KRS Chapter 309, and alcohol and drug peer support specialists registered under KRS Chapter 309;
    3. Physicians who practice primary care, as defined in KRS 164.925 , or who meet the definition of a psychiatrist under KRS 202A.011 , and who are licensed under KRS Chapter 311;
    4. Nurses licensed under KRS Chapter 314;
    5. Paramedics certified under KRS Chapter 311;
    6. Emergency medical technicians certified under KRS Chapter 211; and
    7. Coroners as defined in KRS 72.405 and medical examiners as defined in KRS 72.240 ;
  10. Establishing that the courses identified in subsection (9) of this section shall include the dynamics of domestic violence and elder abuse, neglect, and exploitation; effects of domestic violence and elder abuse, neglect, and exploitation on adult and child victims; legal remedies for protection; lethality and risk issues; model protocols for addressing domestic violence and elder abuse, neglect, and exploitation; available community resources and victim services; and reporting requirements. The training shall be developed in consultation with legal, victim services, victim advocacy, and mental health professionals with an expertise in domestic violence and elder abuse, neglect, and exploitation; and
  11. Establishing that any health-care or mental health professional identified in subsection (9) of this section shall successfully complete a three (3) hour training course that meets the requirements of subsection (10) of this section. Health care or mental health professionals identified in subsection (9) of this section who are granted licensure or certification after July 15, 1996, shall successfully complete the training within three (3) years of the date of initial licensure or certification.

HISTORY: Enact. Acts 1998, ch. 426, § 27, effective July 15, 1998; 2000, ch. 317, § 1, effective July 14, 2000; 2005, ch. 99, § 160, effective June 20, 2005; 2005, ch. 132, § 17, effective June 20, 2005; 2012, ch. 158, § 19, effective July 12, 2012; 2015 ch. 29, § 17, effective June 24, 2015.

194A.545. Training and continuing education courses for staff of Department for Community Based Services.

  1. The secretary for health and family services shall develop an initial training course and continuing education courses for employees of the Department for Community Based Services concerning the dynamics of domestic violence and elder abuse, neglect, and exploitation; effects of domestic violence and elder abuse, neglect, and exploitation on adult and child victims; legal remedies for protection; lethality and risk issues; model protocols for addressing domestic violence; available community resources and victim services; and reporting requirements. The training shall be developed in consultation with legal, victim services, victim advocacy, and mental health professionals with an expertise in domestic violence.
  2. Each person employed by the Department for Community Based Services who provides supervisory or direct service at the local, district, or state level shall successfully complete the initial training course and, at least once every two (2) years, the continuing education course developed under subsection (1) of this section.
  3. The secretary is encouraged to include an educational component covering the recognition and prevention of pediatric abusive head trauma, as defined in KRS 620.020 , as part of the initial training and continuing education for Department for Community Based Services front-line child protection staff.

History. Repealed, reenact and amend., Acts 2005, ch. 99, § 35, effective July 20, 2005; 2005, ch. 132, § 18, effective July 20, 2005; 2010, ch. 171, § 4, effective July 15, 2010.

Compiler’s Notes.

This section was formerly compiled as KRS 194B.530 .

194A.550. Training requirements for staff of agencies providing shelter services for victims.

  1. The secretary for health and family services shall promulgate administrative regulations under KRS Chapter 13A setting forth the requirements for initial training courses and continuing education courses for staff of agencies providing protective shelter services for victims of domestic violence. The components of the training shall include the dynamics of domestic violence, effects of domestic violence on adult and child victims, legal remedies for protection, lethality and risk issues, model protocols for addressing domestic violence, available community resources and victims services, and reporting requirements. The training shall be developed in consultation with legal, victim services, victim advocacy, and mental health professionals with an expertise in domestic violence.
  2. Each agency providing protective shelter services for victims of domestic violence shall develop and provide initial training courses and, at least once every two (2) years, continuing education courses which comply with the requirements developed pursuant to subsection (1) of this section, for staff of the agency.

History. Repealed, reenact. and amend., Acts 2005, ch. 99, § 36, effective June 20, 2005.

Compiler’s Notes.

This section was formerly compiled as KRS 194B.535 .

Social Worker Safety

194A.560. Sections and amendments to be known as “Boni Frederick Bill.”

In honor of Boni Frederick who lost her life in the performance of her official duties, KRS 194A.560 , 194A.562 , 194A.564 , 194A.566 , and 605.170 , and the amendments made to KRS 194A.065 in 2007 Ky. Acts ch. 140, shall be known as the “Boni Frederick Bill.”

History. Enact. Acts 2007, ch. 140, § 1, effective April 5, 2007.

194A.562. Risk assessments on local offices of Division of Service Regions — Remediation where staff safety inadequate.

The cabinet shall conduct risk assessments on all local offices of the Division of Service Regions of the Department for Community Based Services and remediate the office environments that do not provide adequate safety and protection for cabinet staff to the extent possible with consideration of office space lease arrangements and availability of funding for office renovations.

History. Enact. Acts 2007, ch. 140, § 4, effective April 5, 2007.

194A.564. Study group to make recommendations on personnel classifications for state agency social workers — Safety training — Report.

The cabinet secretary shall designate a study group composed of personnel within the Department for Community Based Services’ field services staff and any other persons deemed necessary to make recommendations regarding personnel classifications for state agency social workers. The study group shall include in its deliberations, but is not limited to, special personnel designations that would permit or require specialized personal safety training and other requirements that reflect the sometimes dangerous nature of official job duties of state agency social workers. The study group shall report its recommendations by November 15, 2007, to the Governor and the Interim Joint Committees on Appropriations and Revenue and Health and Welfare.

History. Enact. Acts 2007, ch. 140, § 5, effective April 5, 2007.

194A.566. Risk or safety assessment upon request of front-line staff — Accompaniment by local law enforcement officer.

Front-line staff may request a risk or safety assessment prior to an investigation or delivery of services in a community setting. The direct supervisor of the requesting front-line staff and the safety liaison officer if a safety liaison officer position is designated for the county shall conduct the safety or risk assessment. If the situation warrants the accompaniment of front-line staff by a local law enforcement officer, the supervisor shall make the request to the local law enforcement agency.

History. Enact. Acts 2007, ch. 140, § 6, effective April 5, 2007.

Community Volunteerism and Service

194A.570. Serve Kentucky.

Serve Kentucky is created and shall be attached to the Cabinet for Health and Family Services for oversight, technical, and administrative support purposes. A director and other appropriate staff shall be hired by Serve Kentucky when federal funds become available.

HISTORY: Repealed, reenact, and amend, Acts 2005, ch. 99, § 37, effective June 20, 2005; 2018 ch. 114, § 4, effective July 14, 2018.

Compiler’s Notes.

This section was formerly compiled as KRS 156.760 and KRS 194B.570 .

194A.572. Serve Kentucky membership — Term limits.

Serve Kentucky shall initially consist of twenty-five (25) voting members who shall be appointed by the Governor. Membership on Serve Kentucky shall be for a three (3) year term, with the exception that initially one third (1/3) of the members shall serve for a term of one (1) year, one-third (1/3) of the members shall serve for a term of two (2) years, and one-third (1/3) of the members shall serve for a term of three (3) years. After the first six (6) months of operations, the Governor reserves the option to request Serve Kentucky to submit recommendations for any additional members deemed necessary to balance Serve Kentucky’s perspective, provided that Serve Kentucky’s membership does not exceed twenty-five (25). Serve Kentucky shall annually select from its membership a chair to serve for a term of one (1) year.

HISTORY: Enact Acts 1996, ch. 310, § 2, effective July 15, 1996; repealed and reenacted Acts 2000, ch. 203, § 2, effective July 14, 2000; repealed, reenact. and amend., Acts 2005, ch. 99, § 38, effective June 20, 2005; 2018 ch. 114, § 5, effective July 14, 2018.

Compiler’s Notes.

This section was formerly compiled as KRS 156.762 and KRS 194B.572 .

194A.575. Purpose of Serve Kentucky.

The purpose of Serve Kentucky is to engage in statewide strategic planning, establish relevant policies, provide administrative oversight, and promote programs and strengthen the service ethic among the Commonwealth’s citizens by facilitating the development of strategic programs that enable citizens to address serious societal problems including, but not limited to, education reform through service to local communities.

HISTORY: Enact. Acts 1996, ch. 310, § 3, effective July 15, 1996; repealed and reenact., Acts 2000, ch. 203, § 3, effective July 14, 2000; repealed, reenact. and amend., Acts 2005, ch. 99, § 39, effective June 20, 2005; 2018 ch. 114, § 6, effective July 14, 2018.

Compiler’s Notes.

This section was formerly compiled as KRS 156.764 and KRS 194B.575 .

194A.578. Duties of Serve Kentucky — Authority for administrative regulations.

Serve Kentucky shall:

  1. Develop a strategic plan for service in Kentucky which covers a three (3) year period, and supporting efforts to achieve the goals of this plan. The plan shall be updated annually;
  2. Oversee and submit Kentucky’s annual applications to the Corporation for National Service, the federal funding authority, and other funding sources for the continuation and any expansion of the current Kentucky Serve initiative;
  3. Conduct a competitive application process to determine the organizations that will be awarded subgrants to operate national service programs;
  4. Fulfill any other responsibilities required by the Corporation for National Service and other funding sources; and
  5. Promulgate administrative regulations pursuant to KRS Chapter 13A to establish operational guidelines for Serve Kentucky.

HISTORY: Enact. Acts 1996, ch. 310, § 4, effective July 15, 1996; repealed and reenact., Acts 2000, ch. 203, § 4, effective July 14, 2000; repealed, reenact. and amend., Acts 2005, ch. 99, § 40, effective June 20, 2005; 2018 ch. 114, § 7, effective July 14, 2018.

Compiler’s Notes.

This section was formerly compiled as KRS 156.766 and KRS 194B.578 .

Alzheimer’s Disease and Related Disorders

194A.600. Definitions for KRS 194A.600 to 194A.609.

As used in KRS 194A.600 to 194A.609 :

  1. “Council” means the Alzheimer’s Disease and Related Disorders Advisory Council;
  2. “Dementia” means Alzheimer’s disease and related dementia illnesses and disorders; and
  3. “Office” means the Office on Alzheimer’s Disease and Related Disorders.

History. Enact. Acts 2000, ch. 6, § 3, effective July 14, 2000.

194A.600. Definitions for KRS 194A.600 to 194A.609.

As used in KRS 194A.600 to 194A.609 :

  1. “Council” means the Alzheimer’s Disease and Related Disorders Advisory Council;
  2. “Dementia” means Alzheimer’s disease and related dementia illnesses and disorders; and
  3. “Office” means the Office of Dementia Services.

HISTORY: Enact. Acts 2000, ch. 6, § 3, effective July 14, 2000; 2021 ch. 52, § 1.

194A.601. Office on Alzheimer’s Disease and Related Disorders — Purpose, director, and duties.

  1. The Office on Alzheimer’s Disease and Related Disorders is established within the cabinet. The purpose of the office is to oversee information and resources related to policy and services affecting the sixty thousand (60,000) residents of Kentucky with dementia, and the caregivers and families of the residents.
  2. The director of the office shall be a full-time, permanent employee and shall be responsible for the staffing and operational details of the office. A report on the start-up and implementation of the office shall be made to the Interim Joint Committee on Health and Welfare by September 30, 2000, and on a quarterly basis thereafter.
  3. The office shall:
    1. Enhance the quality of life for persons affected by dementia and for their caregivers;
    2. Recommend the delivery of services in the most effective and efficient manner possible to facilitate the needs of people with dementia and their caregivers, after consultation with other agencies of state government that work with dementia-related illness;
    3. Determine ways the Commonwealth may secure additional federal and private funding to provide additional services and programs through a coordinated effort;
    4. Apply for any public or private funding relating to dementia that will enhance the office’s abilities to perform its duties under this section;
    5. Promote public and professional awareness and education of dementia and access to needed services and programs;
    6. Oversee and receive reports from the Alzheimer’s Disease and Related Disorders Advisory Council; and
    7. Coordinate and oversee the implementation of the recommendations of the 1995 Governor’s Task Force on Alzheimer’s Disease and Related Disorders.

History. Enact. Acts 2000, ch. 6, § 4, effective July 14, 2000.

194A.601. Office on Alzheimer’s Disease and Related Disorders — Purpose, director, and duties.

  1. The Office of Dementia Services is established within the cabinet. The purpose of the office is to oversee information and resources related to policy and services affecting residents of Kentucky with dementia, and the caregivers and families of the residents.
  2. The dementia services coordinator shall be a full-time, permanent employee and shall be responsible for the staffing and operational details of the office. A report on the operations of the office shall be made to the secretary within ninety (90) days of the effective date of this Act. An annual report on the operation of the office shall be made to the Interim Joint Committee on Health, Welfare, and Family Services by December 1 of each year.
  3. The duties of the office shall include but not be limited to:
    1. Creating, implementing, and updating the Kentucky Alzheimer’s and Related Dementias State Plan;
    2. Coordinating and managing the Alzheimer’s Disease and Related DisordersAdvisory Council;
    3. Assessing and analyzing dementia-specific data collected by the cabinet, including the behavioral risk factor surveillance system, and data from other relevant departments and divisions;
    4. Evaluating of state-funded dementia services;
    5. Identifying and supporting the development of dementia-specific trainings;
    6. Streamlining all applicable state government services to increase efficiency and improve the quality of care in residential and home and community-based settings;
    7. Identifying any duplicative services to eliminate all unnecessary costs;
    8. Identifying and applying for grant opportunities to expand the scope of services while reducing state costs; and
    9. Completing other duties relevant to supporting policy development and implementation to support individuals with dementia and their family caregivers.

HISTORY: Enact. Acts 2000, ch. 6, § 4, effective July 14, 2000; 2021 ch. 52, § 2.

194A.603. Alzheimer’s Disease and Related Disorders Advisory Council — Membership, duties, and personnel.

  1. The Alzheimer’s Disease and Related Disorders Advisory Council is created. The council shall report directly to the office.
  2. The council shall be composed of a minimum of fifteen (15) members appointed by the Governor. Three (3) members shall represent agencies of state government dealing with dementia, three (3) shall represent local health departments, one (1) shall represent the University of Kentucky Alzheimer’s Disease Research Center at the Sanders-Brown Center on Aging, at least one (1) shall be appointed from each of the chapters of the Alzheimer’s Disease and Related Disease Association that serve the Commonwealth, and the remainder shall represent consumers, health-care providers, and the medical research community. Members who are not state employees shall be reimbursed for necessary and actual expenses. The council shall meet quarterly. A majority of the members shall constitute a quorum for the transaction of the council’s business.
  3. The council shall:
    1. Elect its own chairperson and establish other officers and subcommittees as needed to execute the duties of the council;
    2. Adopt bylaws and operate under its bylaws;
    3. Select the director of the office;
    4. Establish and evaluate goals and outcomes for the office that may facilitate treatment and care of persons with dementia;
    5. Assist with the dissemination of information about the availability of program materials, education materials, and curriculum guides; and
    6. Prepare a report of its activities, at least annually, for submission to the office.
  4. The office shall provide requested personnel to assist the council in fulfilling its responsibilities.

History. Enact. Acts 2000, ch. 6, § 5, effective July 14, 2000.

194A.603. Alzheimer’s Disease and Related Disorders Advisory Council — Membership, duties, and personnel.

  1. The Alzheimer’s Disease and Related Disorders Advisory Council is created. The council shall report directly to the office.
  2. The council shall be composed of the following fifteen (15) members:
    1. The secretary of the Cabinet for Health and Family Services or his or her designee;
    2. The commissioner of the Department for Aging and Independent Living or his or her designee;
    3. The commissioner of the Department for Public Health or his or her designee;
    4. The commissioner of the Department for Medicaid Services or his or her designee;
    5. The state long-term care ombudsman or his or her designee;
    6. The executive director of the Area Agencies on Aging or his or her designee;
    7. One (1) individual who is the family caregiver of an individual living with Alzheimer’s disease or another dementia, appointed by the Governor from a list of names of qualified persons submitted by any interested parties;
    8. One (1) individual who represents the residential long-term care industry, appointed by the Governor from a list of names of qualified persons submitted by any interested parties;
    9. One (1) individual who represents providers of adult day care services,appointed by the Governor from a list of names of qualified persons submitted by any interested parties;
    10. One (1) individual who represents the home care providers, appointed by the Governor from a list of names of qualified persons submitted by any interested parties;
    11. One (1) individual employed by and representing an organization that advocates solely on behalf of physicians, appointed by the Governor from a list of names of qualified persons submitted by any interested parties;
    12. One (1) individual employed by and representing an organization that advocates solely on behalf of nurses, appointed by the Governor from a list of names of qualified persons submitted by any interested parties;
    13. One (1) individual who conducts research regarding Alzheimer’s disease or other dementias, appointed by the Governor from a list of names of qualified persons submitted by any interested parties;
    14. One (1) individual who represents an organization that advocates solely on behalf of individuals living with Alzheimer’s disease or other dementias, appointed by the Governor from a list of names of qualified persons submitted by any interested parties; and
    15. One (1) individual representing a statewide organization that advocates on behalf of Kentuckians aged fifty (50) or older, appointed by the Governor from a list of names of qualified persons submitted by any interested parties.
  3. Members who are not state employees shall be reimbursed for necessary and actual expenses.
  4. The council shall meet at least quarterly and at other such times as it determines necessary to perform its duties. A majority of the members shall constitute a quorum for the transaction of the council’s business.
  5. The council shall:
    1. Elect its own chairperson and establish other officers and subcommittees as needed to execute the duties of the council;
    2. Adopt bylaws and operate under its bylaws;
    3. Starting on July 1, 2021, and repeating every four (4) years after that date, submit an updated Kentucky Alzheimer’s and Related Dementias State Plan to the Governor for his or her approval and thereafter make it available to the General Assembly. If the council determines that amendments need to be made to the state plan, an amended Kentucky Alzheimer’s and Related Dementia State Plan may be presented to the Governor for review and approval;
    4. Starting on July 1, 2021, and repeating every year after that date, submit an annual report on the implementation progress of the Kentucky Alzheimer’s and Related Dementias State Plan to the Governor. This annual report shall include a summary of the progress toward implementation of the state plan and recommendations for amendments to the state plan; and
    5. Serve in an advisory capacity to the Governor, the General Assembly, the cabinet and all other state agencies on matters relating to the Kentucky Alzheimer’s and Related Dementias State Plan. The council shall review and make recommendations regarding progress towards the goals of the state plan and on progress in implementing resources and services to serve individuals with dementia and related diseases across Kentucky in the future.
  6. Members shall serve for a term of two (2) years and may be reappointed. All subsequent appointments or reappointments shall be for terms of two (2) years. If an appointee resigns or is otherwise unable to complete the appointed term, the Governor shall appoint a new individual whose expertise or experience satisfies the vacated position within ninety (90) days.

HISTORY: Enact. Acts 2000, ch. 6, § 5, effective July 14, 2000; 2021 ch. 52, § 3.

194A.609. Promulgation of administrative regulations to implement KRS 194A.600 to 194A.609.

The cabinet shall promulgate administrative regulations under KRS Chapter 13A sufficient to implement KRS 194A.600 to 194A.609 .

History. Enact. Acts 2000, ch. 6, § 6, effective July 14, 2000.

Autism Spectrum Disorder

194A.620. Legislative findings — Purpose — Definition. [Repealed]

HISTORY: Enact. Acts 2005, ch. 138, § 1, effective July 20, 2005; repealed by 2016 ch. 18, § 4, effective July 15, 2016.

194A.622. Kentucky Commission on Autism Spectrum Disorders — Membership — Administrative support — Meetings — Comprehensive state plan on training, treatments, and services — Advisory and monitoring functions. [Repealed]

HISTORY: Enact. Acts 2005, ch. 138, § 2, effective July 20, 2005; 2007, ch. 24, § 6, effective June 26, 2007; 2010, ch. 24, § 242, effective July 15, 2010; 2012, ch. 146, § 24, effective July 12, 2012; 2012, ch. 158, § 20, effective July 12, 2012; repealed by 2016 ch. 18, § 4, effective July 15, 2016.

194A.623. Office of Autism.

  1. The Office of Autism is hereby created within the Cabinet for Health and Family Services.
  2. The Office of Autism may be housed at the University of Louisville and the University of Kentucky, by agreement of the parties.

HISTORY: 2016 ch. 18, § 2, effective July 15, 2016.

194A.624. Advisory Council on Autism Spectrum Disorders.

  1. The Advisory Council on Autism Spectrum Disorders is hereby created and shall be attached to the Office of Autism within the Cabinet for Health and Family Services for administrative purposes.
  2. The Advisory Council on Autism Spectrum Disorders shall consist of the following members appointed by the Governor:
    1. One (1) representative from the Department for Public Health;
    2. One (1) representative from the Department for Medicaid Services;
    3. One (1) representative from the Department for Community Based Services;
    4. One (1) representative from the Department of Public Advocacy;
    5. One (1) representative from the Department of Education;
    6. One (1) representative from the Department of Juvenile Justice;
    7. One (1) representative from the Department for Behavioral Health, Developmental and Intellectual Disabilities;
    8. One (1) representative from the Office for Children with Special Health Care Needs;
    9. One (1) parent or youth representative from the Commonwealth Council on Developmental Disabilities;
    10. One (1) representative from the Kentucky Autism Training Center;
    11. One (1) representative from the Office of Vocational Rehabilitation;
    12. One (1) representative from the University of Louisville;
    13. One (1) representative from the University of Kentucky Human Development Institute;
    14. One (1) representative from the University of Kentucky;
    15. One (1) representative from the Center for Autism Spectrum Evaluation, Service, and Research;
    16. One (1) representative from the Education Professional Standards Board;
    17. One (1) pediatrician representative;
    18. One (1) representative from the Weisskopf Child Evaluation Center;
    19. One (1) representative from the First Steps Program;
    20. One (1) representative from the Arc of Kentucky;
    21. The director of the Office of Autism;
    22. At least one (1) consumer representative, an adult with a diagnosis on the autism spectrum; and
    23. Five (5) citizen-at-large members.
  3. The co-chairs of the Advisory Council on Autism Spectrum Disorders shall be the representatives appointed by the Governor from the University of Kentucky and the University of Louisville.
  4. The Advisory Council on Autism Spectrum Disorders may invite individuals who are not members to serve on committees and workgroups.
  5. Appointed members of the Advisory Council on Autism Spectrum Disorders shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of duties in accordance with KRS 45.101 and administrative regulations promulgated thereunder. Members of the council shall initially be appointed to serve staggered terms and thereafter shall be appointed to serve a term of four (4) years.
  6. The Cabinet for Health and Family Services, the Personnel Cabinet, the Finance and Administration Cabinet, and the Office of the State Budget Director shall take all necessary actions to effectuate this section.
  7. The Advisory Council on Autism Spectrum Disorders shall be responsible for:
    1. Promoting the vision for Kentucky’s services and supports to persons on the autism spectrum and their families and advocating for improved quality and evidence-based practices for persons on the autism spectrum and their families;
    2. Promoting the early screening, identification, early intervention, and appropriate use of evidence-based practices and standards of care for persons on the autism spectrum across the lifespan;
    3. Strengthening state, regional, and local level collaboration and coordination with families, self-advocates, support groups, and state agencies to further coordinate, develop, and enhance the service delivery system for persons on the autism spectrum across the lifespan;
    4. Gathering and analyzing research and data to assess the quality and availability of programs and services for persons on the autism spectrum and providing recommendations on assessments, interventions, and treatment modalities across the lifespan;
    5. Developing recommendations for:
      1. Increasing participation in existing federal, state, and local programs that serve children, youth, and adults on the autism spectrum;
      2. Enhancing the current professional development and planning for future workforce development to incorporate research and evidence-based practices;
      3. Establishing standards of care and undertaking efforts to ensure promotion of these standards statewide; and
      4. Promoting the development of services and supports to transition youth and adults on the autism spectrum;
    6. Assessing the capacity and effectiveness of institutes of higher education in the state toward supporting the development of the workforce for persons on the autism spectrum;
    7. Requesting and utilizing federal, state, and private funds, including funds from philanthropic sources;
    8. Improving procedures for ensuring accountability and measuring success of programs that receive state, federal, and philanthropic funds;
    9. Obtaining reports and issuing progress updates on state and federally funded services that impact the quality of Kentucky’s system of care for persons on the autism spectrum;
    10. Completing a biennial report with the Office of Autism and submitting it to the Commonwealth Council on Developmental Disabilities, the Governor, and the Legislative Research Commission. The first report shall be due on or before September 30, 2017, and subsequent reports shall be due each September 30 in odd-numbered years thereafter; and
    11. Other duties and responsibilities as designated by the Governor.

HISTORY: 2016 ch. 18, § 1, effective July 15, 2016; 2017 ch. 167, § 13, effective June 29, 2017.

Legislative Research Commission Notes.

(7/14/2018). Under the authority of KRS 7.136(2), one or more references to the “Commission for Children with Special Health Care Needs” in this statute have been changed in codification to the “Office for Children with Special Health Care Needs” to reflect the renaming of the commission by the General Assembly in 2018 Ky. Acts ch. 114.

Assisted-Living Communities

194A.700. Definitions for KRS 194A.700 to 194A.729.

As used in KRS 194A.700 to 194A.729 :

  1. “Activities of daily living” means normal daily activities, including bathing, dressing, grooming, transferring, toileting, and eating;
  2. “Assistance with activities of daily living and instrumental activities of daily living” means any assistance provided by the assisted-living community staff with the client having at least minimal ability to verbally direct or physically participate in the activity with which assistance is being provided;
  3. “Assistance with self-administration of medication,” unless subject to more restrictive provisions in an assisted-living community’s policies that are communicated in writing to clients and prospective clients, means:
    1. Assistance with medication that is prepared or directed by the client, the client’s designated representative, or a licensed health care professional who is not the owner, manager, or employee of the assisted-living community. The medication shall:
      1. Except for ointments, be preset in a medication organizer or be in a single dose unit;
      2. Include the client’s name on the medication organizer or container in which the single dose unit is stored; and
      3. Be stored in a manner requested in writing by the client or the client’s designated representative and permitted by the assisted-living community’s policies;
    2. Assistance by an assisted-living community staff person, which includes:
      1. Reminding a client when to take medications and observing to ensure that the client takes the medication as directed;
      2. Handing the client’s medication to the client, or if it is difficult for the client or the client requests assistance, opening the unit dose or medication organizer, removing the medication from a medication organizer or unit dose container, closing the medication organizer for the client, placing the dose in a container, and placing the medication or the container in the clients hand;
      3. Steadying or guiding a client’s hand while the client is self-administering medications; or
      4. Applying over-the-counter topical ointments and lotions;
    3. Making available the means of communication by telephone, facsimile, or other electronic device with a licensed health care professional and pharmacy regarding a prescription for medication;
    4. At the request of the client or the client’s designated representative, facilitating the filling of a preset medication container by a designated representative or licensed health care professional who is not the owner, manager, or employee of the assisted living community; and
    5. None of the following:
      1. Instilling eye, ear, or nasal drops;
      2. Mixing compounding, converting, or calculating medication doses;
      3. Preparing syringes for injection or administering medications by any injection method;
      4. Administrating medications through intermittent positive pressure breathing machines or a nebulizer;
      5. Administrating medications by way of a tube inserted in a cavity of the body;
      6. Administrating parenteral preparations;
      7. Administrating irrigations or debriding agents used in the treatment of a skin condition; or
      8. Administrating rectal, urethral, or vaginal preparations;
  4. “Assisted-living community” means a series of living units on the same site certified under KRS 194A.707 to provide services for five (5) or more adult persons not related within the third degree of consanguinity to the owner or manager;
  5. “Client,” “resident,” or “tenant” means an adult person who has entered into a lease agreement with an assisted-living community;
  6. “Danger” means physical harm or threat of physical harm to one’s self or others;
  7. “Department” means the Department for Aging and Independent Living;
  8. “Health services” has the same meaning as in KRS 216B.015 ;
  9. “Instrumental activities of daily living” means activities to support independent living including but not limited to housekeeping, shopping, laundry, chores, transportation, and clerical assistance;
  10. “Living unit” means a portion of an assisted-living community occupied as the living quarters of a client under a lease agreement;
  11. “Mobile nonambulatory” means unable to walk without assistance, but able to move from place to place with the use of a device including but not limited to a walker, crutches, or wheelchair;
  12. “Plan of correction” means a written response from the assisted-living community addressing an instance cited in the statement of noncompliance;
  13. “Statement of danger” means a written statement issued by the department detailing an instance where a client is a danger; and
  14. “Statement of noncompliance” means a written statement issued by the department detailing an instance when the department considers the assisted-living community to have been in violation of a statutory or regulatory requirement.

History. Enact. Acts 2000, ch. 141, § 1, effective July 14, 2000; 2005, ch. 99, § 161, effective June 20, 2005; 2007, ch. 24, § 7, effective June 26, 2007; 2010, ch. 36, § 1, effective July 15, 2010.

Research References and Practice Aids

Treatises

UK/CLE Kentucky Health Law § 15.18.

Eric M. Carlson, Long-Term Care Advocacy § 5.119 (Matthew Bender 2020).

194A.703. Requirements for living units.

  1. Each living unit in an assisted-living community shall:
    1. Be at least two hundred (200) square feet for single occupancy, or for double occupancy if the room is shared with a spouse or another individual by mutual agreement;
    2. Include at least one (1) unfurnished room with a lockable door, private bathroom with a tub or shower, provisions for emergency response, window to the outdoors, and a telephone jack;
    3. Have an individual thermostat control if the assisted-living community has more than twenty (20) units; and
    4. Have temperatures that are not under a client’s direct control at a minimum of seventy-one (71) degrees Fahrenheit in winter conditions and a maximum of eighty-one (81) degrees Fahrenheit in summer conditions if the assisted-living community has twenty (20) or fewer units.
  2. Each client shall be provided access to central dining, a laundry facility, and a central living room.
  3. Each assisted-living community shall comply with applicable building and life safety codes as determined by the building code or life safety code enforcement authority with jurisdiction.

History. Enact. Acts 2000, ch. 141, § 2, effective July 14, 2000; 2010, ch. 36, § 2, effective July 15, 2010.

Research References and Practice Aids

Treatises

Eric M. Carlson, Long-Term Care Advocacy § 5.119 (Matthew Bender 2020).

194A.705. Services to be provided to assisted-living community clients.

  1. The assisted-living community shall provide each client with access to the following services according to the lease agreement:
    1. Assistance with activities of daily living and instrumental activities of daily living;
    2. Three (3) meals and snacks made available each day;
    3. Scheduled daily social activities that address the general preferences of clients; and
    4. Assistance with self-administration of medication.
  2. Clients of an assisted-living community may arrange for additional services under direct contract or arrangement with an outside agent, professional, provider, or other individual designated by the client if permitted by the policies of the assisted-living community.
  3. Upon entering into a lease agreement, an assisted-living community shall inform the client in writing about policies relating to the contracting or arranging for additional services.
  4. A client issued a move-out notice shall receive the notice in writing and the assisted-living community shall assist each client upon a move-out notice to find appropriate living arrangements. Each assisted-living community shall share information provided from the department regarding options for alternative living arrangements at the time a move-out notice is given to the client.
  5. An assisted-living community shall complete and provide to the client:
    1. Upon move-in, a copy of a functional needs assessment pertaining to the client’s ability to perform activities of daily living and instrumental activities of daily living; and
    2. After move-in, a copy of an updated functional needs assessment pertaining to the client’s ability to perform activities of daily living and instrumental activities of daily living.

History. Enact. Acts 2000, ch. 141, § 3, effective July 14, 2000; 2005, ch. 99, § 162, effective June 20, 2005; 2007, ch. 24, § 8, effective June 26, 2007; 2010, ch. 36, § 3, effective July 15, 2010.

Research References and Practice Aids

Treatises

UK/CLE Kentucky Health Law § 15.18.

194A.707. Certification — Administrative regulations — Accreditation by other organizations — Fees — Compliance.

  1. The Cabinet for Health and Family Services shall establish by the promulgation of administrative regulation under KRS Chapter 13A, an initial and annual certification review process for assisted-living communities. This administrative regulation shall establish procedures related to applying for, reviewing, and approving, denying, or revoking certification, as well as the conduct of hearings upon appeals as governed by KRS Chapter 13B.
  2. An on-site visit of an assisted-living community shall be conducted by the cabinet:
    1. As part of the initial certification review process;
    2. On a biennial basis as part of the certification review process if during or since the previous certification review an assisted-living community has not received:
      1. Any statement of danger, unless withdrawn by the cabinet; or
      2. A finding substantiated by the cabinet that the assisted-living community delivered a health service; and
    3. Within one (1) year of the date of the previous certification review if during or since the last certification review an assisted-living community has received:
      1. Any statement of danger that was not withdrawn by the cabinet; or
      2. A finding substantiated by the cabinet that the assisted-living community delivered a health service.
  3. No business shall market its service as an assisted-living community unless it has:
    1. Filed a current application for the business to be certified by the department as an assisted-living community; or
    2. Received certification by the department as an assisted-living community.
  4. No business that has been denied or had its certification revoked shall operate or market its service as an assisted-living community unless it has:
    1. Filed a current application for the business to be certified by the department as an assisted-living community; and
    2. Received certification as an assisted-living community from the department. Revocation of certification may be grounds for the department to not reissue certification for one (1) year if ownership remains substantially the same.
  5. No business shall operate as an assisted-living community unless its owner or manager has:
    1. Filed a current application for the business to be certified as an assisted-living community by the department; and
    2. Received certification as an assisted-living community from the department.
  6. By September 1 of each year, each assisted-living community certified pursuant to this chapter may provide residents with educational information or education opportunities on influenza disease.
  7. The department shall determine the feasibility of recognizing accreditation by other organizations in lieu of certification from the department.
  8. Individuals designated by the department to conduct certification reviews shall have the skills, training, experience, and ongoing education to perform certification reviews.
  9. The cabinet may promulgate administrative regulations to establish an assisted-living community certification fee that shall not exceed costs of the program to the cabinet, to be assessed upon receipt of an application for certification. The department shall submit a breakdown of fees assessed and costs incurred for conducting certification reviews upon request.
  10. The department shall make findings from certification reviews conducted during the prior twelve (12) months available to any interested person.
  11. Notwithstanding any provision of law to the contrary, the department may request any additional information from an assisted-living community or conduct additional on-site visits to ensure compliance with the provisions of KRS 194A.700 to 194A.729 .
  12. Failure to follow an assisted-living community’s policies, practices, and procedures shall not result in a finding of noncompliance unless the assisted-living community is out of compliance with a related requirement under KRS 194A.700 to 194A.729 .

History. Enact. Acts 2000, ch. 141, § 4, effective July 14, 2000; 2005, ch. 99, § 163, effective June 20, 2005; 2007, ch. 24, § 9, effective June 26, 2007; 2010, ch. 36, § 4, effective July 15, 2010; 2016 ch. 103, § 20, effective July 15, 2016; 2017 ch. 80, § 30, effective June 29, 2017; 2018 ch. 136, § 2, effective July 1, 2019.

Legislative Research Commission Notes.

(6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

Treatises

Eric M. Carlson, Long-Term Care Advocacy § 5.119 (Matthew Bender 2020).

194A.709. Delivery of health services by staff — Abuse, neglect, and exploitation of clients, policies and reporting.

  1. The department shall report to the Division of Health Care any alleged or actual cases of health services being delivered by the staff of an assisted-living community.
  2. An assisted-living community shall have written policies on reporting and recordkeeping of alleged or actual cases of abuse, neglect, or exploitation of an adult under KRS 209.030 . The only requisite components of a recordkeeping policy are the date and time of the report, the reporting method, and a brief summary of the alleged incident.
  3. Any assisted-living community staff member who has reasonable cause to suspect that a client has suffered abuse, neglect, or exploitation shall report the abuse, neglect, or exploitation under KRS 209.030 .

History. Enact. Acts 2000, ch. 141, § 5, effective July 14, 2000; 2001, ch. 81, § 1, effective June 21, 2001; 2005, ch. 99, § 164, effective June 20, 2005; 2007, ch. 24, § 10, effective June 26, 2007; 2010, ch. 36, § 5, effective July 15, 2010; 2012, ch. 158, § 21, effective July 12, 2012.

Research References and Practice Aids

Treatises

Eric M. Carlson, Long-Term Care Advocacy § 5.119 (Matthew Bender 2020).

194A.711. Criteria to be met by clients.

A client shall meet the following criteria:

  1. Be ambulatory or mobile nonambulatory, unless due to a temporary condition; and
  2. Not be a danger.

History. Enact. Acts 2000, ch. 141, § 6, effective July 14, 2000; 2010, ch. 36, § 6, effective July 15, 2010.

Research References and Practice Aids

Treatises

Eric M. Carlson, Long-Term Care Advocacy § 5.119 (Matthew Bender 2020).

194A.713. Contents of lease agreement.

A lease agreement, in no smaller type than twelve (12) point font, shall be executed by the client and the assisted-living community and shall include but not be limited to:

  1. Client data, for the purpose of providing service, to include:
    1. Emergency contact person’s name;
    2. Name of responsible party or legal guardian, if applicable;
    3. Attending physician’s name;
    4. Information regarding personal preferences and social factors; and
    5. Advance directive under KRS 311.621 to 311.643 , if desired by the client.
  2. Assisted-living community’s policy regarding termination of the lease agreement;
  3. Terms of occupancy;
  4. General services and fee structure;
  5. Information regarding specific services provided, description of the living unit, and associated fees;
  6. Provisions for modifying client services and fees;
  7. Minimum thirty (30) day notice provision for a change in the community’s fee structure;
  8. Minimum thirty (30) day move-out notice provision for client nonpayment, subject to applicable landlord or tenant laws;
  9. Provisions for assisting any client that has received a move-out notice to find appropriate living arrangements prior to the actual move-out date;
  10. Refund and cancellation policies;
  11. Description of any special programming, staffing, or training if an assisted-living community is marketed as providing special programming, staffing, or training on behalf of clients with particular needs or conditions;
  12. Other community rights, policies, practices, and procedures;
  13. Other client rights and responsibilities, including compliance with KRS 194A.705(2) and (3); and
  14. Grievance policies that minimally address issues related to confidentiality of complaints and the process for resolving grievances between the client and the assisted-living community.

History. Enact. Acts 2000, ch. 141, § 7, effective July 14, 2000; 2010, ch. 36, § 7, effective July 15, 2010.

Research References and Practice Aids

Treatises

Eric M. Carlson, Long-Term Care Advocacy § 5.119 (Matthew Bender 2020).

194A.715. Duty of assisted-living community to provide copy of KRS 194A.700 to 194A.729 and relevant administrative regulations to interested persons.

An assisted-living community shall provide any interested person with a copy of KRS 194A.700 to 194A.729 and relevant administrative regulations.

History. Enact. Acts 2000, ch. 141, § 8, effective July 14, 2000; 2005, ch. 99, § 165, effective June 20, 2005; 2007, ch. 24, § 11, effective June 26, 2007; 2010, ch. 36, § 8, effective July 15, 2010.

Research References and Practice Aids

Treatises

Eric M. Carlson, Long-Term Care Advocacy § 5.119 (Matthew Bender 2020).

194A.717. Staffing requirements — Prohibition against employing staff member with active communicable disease.

  1. Staffing in an assisted-living community shall be sufficient in number and qualification to meet the twenty-four (24) hour scheduled needs of each client pursuant to the lease agreement and functional needs assessment.
  2. One (1) awake staff member shall be on site at all times.
  3. An assisted-living community shall have a designated manager who is at least twenty-one (21) years of age, has at least a high school diploma or a High School Equivalency Diploma, and has demonstrated management or administrative ability to maintain the daily operations.
  4. No employee who has an active communicable disease reportable to the Department for Public Health shall be permitted to work in an assisted-living community if the employee is a danger to the clients or other employees.

HISTORY: Enact. Acts 2000, ch. 141, § 9, effective July 14, 2000; 2010, ch. 36, § 9, effective July 15, 2010; 2017 ch. 63, § 24, effective June 29, 2017.

194A.719. In-service education for staff and management.

  1. Assisted-living community staff and management shall receive orientation education on the following topics as applicable to the employee’s assigned duties:
    1. Client rights;
    2. Community policies;
    3. Adult first aid;
    4. Cardiopulmonary resuscitation unless the policies of the assisted-living community state that this procedure is not initiated by its staff, and that clients and prospective clients are informed of the policies;
    5. Adult abuse and neglect;
    6. Alzheimer’s disease and other types of dementia;
    7. Emergency procedures;
    8. Aging process;
    9. Assistance with activities of daily living and instrumental activities of daily living;
    10. Particular needs or conditions if the assisted-living community markets itself as providing special programming, staffing, or training on behalf of clients with particular needs or conditions; and
    11. Assistance with self-administration of medication.
  2. Assisted-living community staff and management shall receive annual in-service education applicable to their assigned duties that addresses no fewer than four (4) of the topics listed in subsection (1) of this section.

History. Enact. Acts 2000, ch. 141, § 10, effective July 14, 2000; 2010, ch. 36, § 10, effective July 15, 2010.

194A.721. Exemptions from space and bathing facilities requirements for living units of certain assisted-living communities.

  1. Any assisted-living community that was open or under construction on or before July 14, 2000, shall be exempt from the requirement that each living unit have a bathtub or shower.
  2. Any assisted-living community that was open or under construction on or before July 14, 2000, shall have a minimum of one (1) bathtub or shower for each five (5) clients.
  3. Any assisted-living community that was open or under construction on or before July 14, 2000, shall be exempt from the requirement that each living unit shall be at least two hundred (200) square feet for single occupancy, or for double occupancy if the room is shared with a spouse or another individual by mutual agreement.

History. Enact. Acts 2000, ch. 141, § 11, effective July 14, 2000.

194A.723. Penalties for operating without certification.

Any business that operates or markets its services as an assisted-living community without filing a current application with the department or receiving certification by the department may be fined up to five hundred dollars ($500) per day.

History. Enact. Acts 2000, ch. 141, § 12, effective July 14, 2000; 2005, ch. 99, § 166, effective June 20, 2005; 2007, ch. 24, § 12, effective June 26, 2007; 2010, ch. 36, § 11, effective July 15, 2010.

194A.724. Statements of danger — Penalty for receipt.

An assisted-living community that is issued more than two (2) statements of danger on separate dates within a six (6) month period that are not withdrawn by the department may be fined up to five hundred dollars ($500).

History. Enact. Acts 2010, ch. 36, § 12, effective July 15, 2010.

194A.725. Religious orders exempt from KRS 194A.700 to 194A.729.

Religious orders providing assistance with activities of daily living, instrumental activities of daily living, and self-administration of medication to vowed members residing in the order’s retirement housing shall not be required to comply with the provisions of KRS 194A.700 to 194A.729 .

History. Enact. Acts 2000, ch. 141, § 13, effective July 14, 2000.

194A.727. Ineligibility for certification of businesses not in full compliance with KRS 194A.700 to 194A.729.

Any business, not licensed or certified in another capacity, that complies with some provisions of KRS 194A.700 to 194A.729 but does not provide assistance with any activities of daily living or assistance with self-administration of medication shall not be eligible for certification as an assisted-living community under KRS 194A.700 to 194A.729 .

History. Enact. Acts 2000, ch. 141, § 14, effective July 14, 2000.

194A.729. Department to provide information to lending institutions relative to financing for assisted-living community projects — Fee.

If a person or business seeks financing for an assisted-living community project, the department shall provide written correspondence to the lender, upon request, to denote whether the architectural drawings and lease agreement conditionally comply with the provisions of KRS 194A.700 to 194A.729 . The department may promulgate administrative regulations to establish a fee that shall not exceed costs of the program to the cabinet, to be charged for the written correspondence to the lender.

History. Enact. Acts 2000, ch. 141, § 15, effective July 14, 2000; 2005, ch. 99, § 167, effective June 20, 2005; 2007, ch. 24, § 13, effective June 26, 2007; 2018 ch. 136, § 3, effective July 1, 2019.

Homelessness Prevention Pilot Project

194A.735. Homelessness Prevention Project — Goals — Support — Timetables — Participation — Discharge plan — Administrative regulations — Data collection — Reports — Kentucky Interagency Council on Homelessness.

  1. Subject to sufficient funding, the Cabinet for Health and Family Services and the Justice and Public Safety Cabinet, in consultation with any other state agency as appropriate, shall develop and implement the Homelessness Prevention Project, which offers institutional discharge planning on a voluntary basis to:
    1. Persons with serious mental illness, persons between the ages of eighteen (18) and twenty-five (25) who may be at risk of developing serious mental illness who are being released from a mental health facility operated or contracted by the cabinet, or persons with a history of multiple utilizations of health care, mental health care, or judicial systems;
    2. Persons who are being released after serving out a sentence from any state-operated prison or persons who are being paroled from any state-operated prison; or
    3. Persons who will be aging out of foster care or who have aged out of foster care.
  2. The primary goal of the project shall be to prepare a limited number of persons in a foster home under supervision by the Cabinet for Health and Family Services, state-operated prisons under supervision by the Justice and Public Safety Cabinet, and mental health facilities operated or contracted by the Cabinet for Health and Family Services for return or reentry into the community, and to offer information about any necessary linkage of the person to needed community services and supports.
    1. The project shall be jointly supported by each of the cabinets and managed under the direction of the Cabinet for Health and Family Services, Department for Behavioral Health, Developmental and Intellectual Disabilities, Division of Behavioral Health.
    2. Subject to sufficient funding as provided by an executive branch budget bill, the Division of Behavioral Health shall select the Homelessness Prevention Project sites. These sites shall be in addition to and integrated with the site located in and serving Jefferson County and the site located in a community mental health center serving Clinton, Cumberland, McCreary, and Wayne Counties.
    3. Within thirty (30) days of July 15, 2016, the cabinets shall supply the project director at each site with the collection of information on available employment, social, housing, educational, medical, mental health, and other community services in the county. The information shall include but not be limited to the service area of each public and private provider of services, the capacity of each provider to render services to persons served by the project, the fees of each provider, contact names and telephone numbers for each provider, and an emergency contact for each provider.
    4. Within thirty (30) days of July 15, 2016, the cabinets and directors shall begin a program of education for each of the cabinet and foster home and mental health and appropriate state-operated prison facility staff who will participate in the development of a discharge plan for volunteer participants under this section.
  3. The project shall operate on a voluntary basis. Persons eligible for discharge or completing their sentence or who are being paroled from any state-operated prison shall be offered the opportunity to participate in the project. This offer shall be made at least six (6) months prior to discharge. There shall be a cap on the number of persons served in each Homelessness Prevention Project office, to be determined by available funding and staffing requirements.
    1. The staff member designated as the homelessness prevention coordinator for each foster home or mental health facility shall maintain a file for each volunteer participant in the foster home or mental health facility, relating to the participant’s employment, social, housing, educational, medical, and mental health needs. This file shall be updated from time to time as appropriate and pursuant to an administrative regulation promulgated by the cabinet in accordance with KRS Chapter 13A that establishes standards for the discharge summary. The staff member designated as the homelessness prevention coordinator for the appropriate state-operated prison participating in the project shall maintain a file containing appropriate forms completed and updated by each person voluntarily participating in the project, relating to the information provided under subsection (6) of this section. All applicable privacy and confidentiality laws shall be followed in assembling and maintaining this file.
    2. Six (6) months prior to the expected date of discharge, the discharge coordinator for each foster home and mental health and state-operated prison facility shall contact the homelessness prevention director for the appropriate site where the volunteer participant chooses to locate following discharge about the pending release of the volunteer participant who is eligible for discharge from a foster home or mental health facility, who will have served out his or her sentence in a state-operated prison facility, or who is being paroled from any state-operated prison that is participating in the project. The director shall visit the home or facility, as appropriate, to assist with the preparation of the final comprehensive discharge plan.
    3. The homelessness prevention director from the site where the participant chooses to locate and the discharge coordinator for each participating foster home and mental health and state-operated prison facility shall work together to develop a final comprehensive discharge plan that addresses the employment, health care, educational, housing, and other needs of the person to be released, subject to the consent of the person and the funding and staffing capabilities of the director. Information provided by the coordinator may include and be limited to, subject to the staffing and funding capabilities of the coordinator, information provided by the person to be released on a form or forms made available by the foster home or mental health or state-operated prison facility. The discharge plan shall contain but not be limited to the following:
      1. Estimated discharge date from the foster home, state-operated prison facility, or mental health facility, or identification by a social service provider of a person who meets the criteria listed in subsection (1) of this section;
      2. Educational background of the person to be released, including any classes completed or skills obtained by the person while in the foster home, state-operated prison facility, or mental health facility;
      3. The person’s medical and mental health needs;
      4. Other relevant social or family background information;
      5. A listing of previous attempts to arrange for post-release residence, employment, medical and mental health services, housing, education, and other community-based services for the person; and
      6. Other available funding and public programs that may reimburse any services obtained from a provider listed in the discharge plan. Every effort shall be made in the discharge plan to refer the person to a provider that has agreed to an arranged public or private funding arrangement.

        No discharge plan shall be completed unless the written consent, consistent with state and federal privacy laws, to compile the information and prepare the plan has been given by the person eligible for release who has volunteered to participate in the project.

  4. The homelessness prevention director from the site where the participant chooses to locate shall assist with the completion of a final comprehensive discharge plan that may include but need not be limited to the following:
    1. Availability of appropriate housing, including but not limited to a twenty-four (24) month transitional program, supportive housing, or halfway house. Planning discharge to an emergency shelter is not appropriate to meet the housing needs of the person being discharged from foster care, a state-operated prison facility, or a mental health facility;
    2. Access to appropriate treatment services for participants who require follow-up treatment;
    3. Availability of appropriate employment opportunities, including assessment of vocational skills and job training; and
    4. Identification of appropriate opportunities to further education.
  5. Discharge planning shall be individualized, comprehensive, and coordinated with community-based services.
    1. Each discharge plan shall create a continuous, coordinated, and seamless system that is designed to meet the needs of the person.
    2. Staff of the foster home or facility and staff of community-based services providers shall be involved in the planning.
    3. Each facility shall utilize, wherever possible, community-based services within the facility to establish familiarity of the person residing in the facility with the community services.
  6. The Department of Corrections shall, through an administrative regulation promulgated in accordance with KRS Chapter 13A, develop a discharge plan that addresses the education; employment, technical, and vocational skills; and housing, medical, and mental health needs of a person who is to be released after serving out his or her sentence in a state-operated prison facility participating in the project.
  7. Appropriate data about discharge placements and follow-up measures shall be collected and analyzed. The analysis shall be included in the interim and final reports of the project specified in subsection (8) of this section.
  8. Each homelessness prevention director shall have regular meetings with appropriate state cabinet and agency staff to review the project and make recommendations for the benefit of the project. Each director shall be assisted by a local advisory council composed of local providers of services and consumer advocates who are familiar with homelessness prevention issues. Priority for membership on the advisory council shall be given to existing resources and regional mental health and substance abuse advisory councils at the discretion of the director.
  9. Each cabinet shall collect data about the discharge plans, referrals, costs of services, and rate of recidivism related to the homelessness prevention project, and shall submit an annual report to the Governor and the Legislative Research Commission no later than October 1 that summarizes the data and contains recommendations for the improvement of the project. The annual report also shall be forwarded to the Kentucky Interagency Council on Homelessness.
    1. The Kentucky Interagency Council on Homelessness is hereby established to plan, develop, coordinate, and implement programs for the purpose of improving the well-being of homeless Kentuckians. The council shall be attached to the Homeless and Housing Coalition of Kentucky for administrative purposes. (10) (a) The Kentucky Interagency Council on Homelessness is hereby established to plan, develop, coordinate, and implement programs for the purpose of improving the well-being of homeless Kentuckians. The council shall be attached to the Homeless and Housing Coalition of Kentucky for administrative purposes.
    2. The council shall include but not be limited to the following members:
      1. The secretary of the Cabinet for Health and Family Services;
      2. The executive director of the Homeless and Housing Coalition of Kentucky;
      3. The chief executive officer of the Kentucky Housing Corporation;
      4. The commissioner of the Kentucky Department of Veterans’ Affairs;
      5. The secretary of the Justice and Public Safety Cabinet;
      6. The secretary of the Education and Workforce Development Cabinet;
      7. The secretary of the Transportation Cabinet;
      8. The executive director of the Administrative Office of the Courts;
      9. The state budget director;
      10. A representative from the Kentucky Housing Association, representing public housing authorities, appointed by the Governor for a two (2) year term; and
      11. An individual who has previously experienced homelessness and addiction, appointed by the Governor for a two (2) year term.
    3. The chair of the council shall be appointed by the Governor for a two (2) year term and the vice chair shall be elected by the members of the council for a two (2) year term.
    4. Members of the council who are not state employees shall be reimbursed for actual expenses incurred in the performance of their duties in accordance with KRS 45.101 and administrative regulations promulgated thereunder.
    5. The council shall have the following functions and duties:
      1. To serve as the single statewide homeless planning and policy development resource for the Commonwealth of Kentucky;
      2. To review, update, and recommend changes to Kentucky’s Ten-Year Plan to End Homelessness and monitor its implementation;
      3. To serve as a state clearinghouse for information on services and housing options for the homeless population;
      4. To conduct other activities as appropriate and necessary; and
      5. To report to the Governor and General Assembly as requested.

History. Enact. Acts 2004, ch. 147, § 1, effective July 13, 2004; 2005, ch. 99, § 168, effective June 20, 2005; 2007, ch. 85, § 220, effective June 26, 2007; 2010, ch. 141, § 10, effective July 15, 2010; 2016 ch. 41, § 1, effective July 15, 2016.

Legislative Research Commission Notes.

(7/13/2004). 2004 Ky. Acts ch. 147, sec. 2, provides that “development and implementation of the homelessness prevention pilot project in this Act shall be subject to sufficient funding for this project as provided in the Executive Branch Budget Bill.”

Registry for Organ and Tissue Donation

194A.750. Statewide electronic registry for organ and tissue donations — Collaboration among agencies — Strategies for operation. [Repealed and reenacted.]

Compiler’s Notes.

This section (Enact. Acts 2006, ch. 38, § 1, effective July 12, 2006) was repealed and reenacted as KRS 311.1947 by Acts 2010, ch. 161, § 19, effective July 15, 2010.

Community Pharmacy Medication-assisted Therapy Pilot Program

194A.800. Pilot program — Community pharmacy care for medication-assisted substance abuse therapy — Components — Report.

  1. For the purposes of this section, “pilot program” means a program in a county or set of counties, or a subset or subsets of the population, as designated by the Cabinet for Health and Family Services and the Department for Behavioral Health, Developmental and Intellectual Disabilities.
  2. A pilot program is established to analyze the outcomes and effectiveness of a community pharmacy care delivery model for medication-assisted therapy for treatment of substance abuse in order to ensure that the Commonwealth is:
    1. Using approaches that have been shown to be effective;
    2. Intervening early at important stages and transitions; and
    3. Intervening in appropriate settings and domains.
  3. Sources of data for the pilot program shall include, at a minimum, claims data from the Department for Medicaid Services, including claims data from Medicaid managed care organizations submitted to the Department for Medicaid Services.
  4. As funds are available, the Cabinet for Health and Family Services shall initiate a pilot program to determine, collect, and analyze performance measurement data for a community pharmacy care delivery model for noncontrolled medication-assisted therapy as part of substance abuse treatment services to determine practices that increase access to treatment, reduce frequency of relapse, provide better outcomes for patients, and control health costs related to substance abuse treatment. Program components shall:
    1. Use a community pharmacy care delivery model for noncontrolled medication-assisted therapy for the treatment of substance abuse, as authorized by the Kentucky Board of Pharmacy pursuant to KRS 315.010(25);
    2. Include a wraparound services model that engages psychological and social support for the patient;
    3. Establish collaborative relationships between detention facilities, drug courts, community pharmacists, and practitioners who provide psychosocial interventions to evaluate individuals’ eligibility for participation in a community pharmacy care delivery model for noncontrolled medication-assisted therapy; and
    4. Include pilot program data collection designed to inform the outcomes and effectiveness of a community pharmacy care delivery model for medication-assisted therapy for treatment of substance abuse.
  5. By December 31, 2019, the Cabinet for Health and Family Services shall provide a joint report to the Legislative Research Commission and the Office of the Governor that:
    1. Details the findings of the pilot program; and
    2. Includes recommendations based on the pilot program’s results for optimizing substance abuse treatment services provided in community pharmacies.

HISTORY: 2018 ch. 133, § 1, effective July 14, 2018.

Penalties

194A.990. Penalties.

  1. Any person who violates the provisions of KRS 194A.505(1), (2), or (7) shall be guilty of a Class A misdemeanor, unless the sum total of benefits received in excess of that to which the person was entitled at the time of the offense was committed is valued at or over one hundred dollars ($100), in which case it is a Class D felony.
  2. Any person who violates KRS 194A.505(3) shall be guilty of a Class D felony.
  3. Any person who violates the provisions of KRS 194A.505(4) or (5) shall be guilty of a Class C felony.
  4. Any person who violates the provisions of KRS 194A.505(6) shall be guilty of a Class D felony, unless the purpose of the violation is to obtain ten thousand dollars ($10,000) or more, in which case it shall be a Class C felony.
  5. Any person who violates KRS 194A.505(1) to (6) shall, in addition to any other penalties provided by law, forfeit and pay a civil penalty of payment to the cabinet in the amount of all benefits and payments to which the person was not entitled.
  6. Any provider who violates KRS 194A.505(1) to (6) shall, in addition to any other penalties provided by law, including the penalty set forth in subsection (5) of this section, forfeit and pay civil penalties of:
    1. Payment to the State Treasury’s general revenue fund in an amount equal to three (3) times the amount of the benefits and payments to which the person was not entitled; and
    2. Payment to the State Treasury’s general revenue fund of all reasonable expenses that the court determines have been necessarily incurred by the state in the enforcement of this section.

History. Enact. Acts 1998, ch. 426, § 28, effective July 15, 1998.

Research References and Practice Aids

Cross-References.

Sentence of imprisonment for felony, KRS 532.060 .

Sentence of imprisonment for misdemeanor, KRS 532.090 .

194A.990. Penalties.

    1. Any person who violates the provisions of KRS 194A.505(1), (2), or (7) shall be guilty of a Class B misdemeanor unless: (1) (a) Any person who violates the provisions of KRS 194A.505(1), (2), or (7) shall be guilty of a Class B misdemeanor unless:
      1. The sum total of benefits received in excess of that to which the person was entitled at the time of the offense was committed is valued at five hundred dollars ($500) or more but less than one thousand dollars ($1,000), in which case it is a Class A misdemeanor;
      2. The sum total of benefits received in excess of that to which the person was entitled at the time the offense was committed is valued at or above one thousand dollars ($1,000) in which case it is a Class D felony; or
      3. The person has three (3) or more convictions under subparagraph 1. of this paragraph within the last five (5) years, in which case it is a Class D felony. The five (5) year period shall be measured from the dates on which the offenses occurred for which the judgments of conviction were entered.
    2. If any person commits two (2) or more separate violations of the provisions of KRS 194A.505(1), (2), or (7) within ninety (90) days, the offenses may be combined and treated as a single offense, and the value of the property in each offense may be aggregated for the purpose of determining the appropriate charge.
  1. Any person who violates KRS 194A.505(3) shall be guilty of a Class D felony.
  2. Any person who violates the provisions of KRS 194A.505(4) or (5) shall be guilty of a Class C felony.
  3. Any person who violates the provisions of KRS 194A.505(6) shall be guilty of a Class D felony, unless the purpose of the violation is to obtain ten thousand dollars ($10,000) or more, in which case it shall be a Class C felony.
  4. Any person who violates KRS 194A.505(1) to (6) shall, in addition to any other penalties provided by law, forfeit and pay a civil penalty of payment to the cabinet in the amount of all benefits and payments to which the person was not entitled.
  5. Any provider who violates KRS 194A.505(1) to (6) shall, in addition to any other penalties provided by law, including the penalty set forth in subsection (5) of this section, forfeit and pay civil penalties of:
    1. Payment to the State Treasury’s general revenue fund in an amount equal to three (3) times the amount of the benefits and payments to which the person was not entitled; and
    2. Payment to the State Treasury’s general revenue fund of all reasonable expenses that the court determines have been necessarily incurred by the state in the enforcement of this section.

HISTORY: Enact. Acts 1998, ch. 426, § 28, effective July 15, 1998; 2021 ch. 66, § 1.

CHAPTER 194B Cabinet for Families and Children [Repealed]

194B.005. Definitions for chapter. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 29, effective July 15, 1998) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.010. Cabinet for Families and Children — Functions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 30, effective July 15, 1998; 2003, ch. 67, § 1, effective June 24, 2003) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.025. Power and authority of secretary. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 31, effective July 15, 1998) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.030. Major organizational units of the cabinet. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 32, effective July 15, 1998; 2000, ch. 6, § 12, effective July 14, 2000; 2000, ch. 14, § 12, effective July 14, 2000; 2000, ch. 203, § 7, effective July 14, 2000; 2002, ch. 190, § 2, effective July 15, 2002; 2003, ch. 41, § 2, effective June 24, 2003) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.040. Internal organization of offices and departments — Secretary’s powers to create positions — Election of coverage under unemployment insurance. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 33, effective July 15, 1998) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.050. Execution of policies, plans, and programs — Administrative regulations — Fees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 34, effective July 15, 1998; 2000, ch. 6, § 13, effective July 14, 2000; 2003, ch. 89, § 19, effective June 24, 2003) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.060. Confidentiality of records and reports. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 35, effective July 15, 1998) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.070. Utilizing community resources for delivery of services. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 36, effective July 15, 1998) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.080. Cost-allocation plan. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 37, effective July 15, 1998) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.090. Council for Families and Children. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 38, effective July 15, 1998; 2000, ch. 6, § 14, effective July 14, 2000; 2000, ch. 14, § 13, effective July 14, 2000) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.100. Legislative finding and declaration. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 395, § 1, effective July 15, 1998) was repealed, reenacted and amended as former KRS 194A.145 by Acts 2005, ch. 99, § 31, effective June 20, 2005.

194B.102. Statewide Strategic Planning Committee for Children in Placement — Membership — Strategic plan — Facilities and services plan — Review — Information systems — Annual report. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 395, § 2, effective July 15, 1998; 2000, ch. 14, § 14, effective July 14, 2000; 2000, ch. 506, § 24, effective July 14, 2000; 2000, ch. 536, § 24, effective July 14, 2000) was repealed, reenacted and amended as former KRS 194A.146 by Acts 2005, ch. 99, § 32, effective June 20, 2005.

194B.110. Kentucky Commission on Human Services Collaboration. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 304, § 1, effective July 15, 1998; 2005, ch. 95 § 44, effective June 20, 2005) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

Legislative Research Commission Notes.

(6/20/2005). Under KRS 446.260 , the repeal of this section in 2005 Ky. Acts ch. 99 prevails over its amendment in 2005 Ky. Acts ch. 95.

194B.130. Limitation on administrative processes. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 39, effective July 15, 1998) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.140. Special subcommittees of the Council for Families and Children. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 40, effective July 15, 1998; 2000, ch. 6, § 15, effective July 14, 2000) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.150. State officials as voting members of citizens’ councils. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 41, effective July 15, 1998) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.160. Alternates or representatives for boards, commissions, and similar bodies. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 42, effective July 15, 1998) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.170. Secretary’s authority to create special task forces, advisory committees, and other citizens’ panels. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 43, effective July 15, 1998) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.180. Administrative regulations and decisions of various bodies transferred to Institute for Aging. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 44, effective July 15, 1998) was repealed by Acts 2000, ch. 6, § 32, effective July 14, 2000. For present law, see KRS 194A.182 .

194B.190. Gifts and grants to the Council for Families and Children. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 45, effective July 15, 1998; 2000, ch. 6, § 16, effective July 14, 2000) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.200. Compensation and expenses of members of the Council for Families and Children — Members of citizens’ councils not public officers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 46, effective July 15, 1998; 2000, ch. 6, § 17, effective July 14, 2000) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.360. Annual report on committed children — Contents. [Repealed and reenacted.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 47, effective July 15, 1998) was repealed and reenacted as KRS 194A.365 by Acts 2005, ch. 99, § 33, effective June 20, 2005.

Legislative Research Commission Notes.

(6/20/2005). Pursuant to KRS 446.260 , the repeal and reenactment of this statute in 2005 Ky. Acts ch. 99, § 33, prevails over its repeal in 2005 Ky. Acts ch. 99, § 674.

194B.370. Professional development for staff on child development and abuse. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 48, effective July 15, 1998) was repealed, reenacted and amended as KRS 194A.370 by Acts 2005, ch. 99, § 34, effective June 20, 2005.

194B.500. Definitions for KRS 194B.505. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 49, effective July 15, 1998) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.505. Prohibited activities — Commencement of proceedings for enforcement. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 50, effective July 15, 1998) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.510. Defense in prosecution. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 51, effective July 15, 1998) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.515. Access to criminal records by cabinet’s agents. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 52, effective July 15, 1998) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

194B.530. Training and continuing education courses for staff of Department for Community Based Services. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 53, effective July 15, 1998; 2000, ch. 14, § 15, effective July 14, 2000; 2005, ch. 132, § 18, effective June 20, 2005) was repealed, reenacted and amended as KRS 194A.545 by Acts 2005, ch. 99, § 35, effective June 20, 2005.

194B.535. Training requirements for staff of agencies providing shelter services for victims. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 54, effective July 15, 1998) was repealed, reenacted and amended as KRS 194A.550 by Acts 2005, ch. 99, § 36, effective June 20, 2005.

194B.550. Definitions for KRS 194B.550 to 194B.559. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 55, effective July 15, 1998) was repealed by Acts 2000, ch. 6, § 32, effective July 14, 2000. For present law, see KRS 194A.600 .

194B.552. Office on Alzheimer’s Disease and Related Disorders — Director — Report — Purposes and duties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 56, effective July 15, 1998) was repealed by Acts 2000, ch. 6, § 32, effective July 14, 2000. For present law, see KRS 194A.601 .

194B.555. Alzheimer’s Disease and Related Disorders Council — Members — Duties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 57, effective July 15, 1998) was repealed by Acts 2000, ch. 6, § 32, effective July 14, 2000. For present law, see KRS 194A.603 .

194B.559. Authority to promulgate administrative regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 58, effective July 15, 1998) was repealed by Acts 2000, ch. 6, § 32, effective July 14, 2000. For present law, see KRS 194A.609 .

194B.570. Kentucky Commission on Community Volunteerism and Service. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Repealed, reenact., and amend. Acts 2000, ch. 203, § 1, effective July 14, 2000) was repealed, reenacted and amended as KRS 194A.570 by Acts 2005, ch. 99, § 37, effective June 20, 2005.

194B.572. Commission membership — Term limits. [Repealed and reenacted.]

Compiler’s Notes.

This section (Repealed, reenact., and amend. Acts 2000, ch. 203, § 2, effective July 14, 2000) was repealed and reenacted as KRS 194A.572 by Acts 2005, ch. 99, § 38, effective June 20, 2005.

194B.575. Purpose of commission. [Repealed and reenacted.]

Compiler’s Notes.

This section (Repealed and reenact., Acts 2000, ch. 203, § 3, effective July 14, 2000) was repealed and reenacted as KRS 194A.575 by Acts 2005, ch. 99, § 39, effective June 20, 2005.

194B.578. Duties of commission — Authority for administrative regulations. [Repealed and reenacted.]

Compiler’s Notes.

This section (Repealed and reenact., Acts 2000, ch. 203, § 4, effective July 14, 2000) was repealed and reenacted as KRS 194A.578 by Acts 2005, ch. 99, § 40, effective June 20, 2005.

194B.990. Penalties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 426, § 59, effective July 15, 1998) was repealed by Acts 2005, ch. 99, § 674, effective June 20, 2005.

CHAPTER 195 Manpower Services

195.010. Department of economic security created — Commissioner — Executive assistant and directors — Rules and regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 164, § 1; 1966, ch. 255, § 182) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

195.020. Functions of cabinet — Transfer of functions of other agencies.

  1. The Cabinet for Health and Family Services shall exercise all functions of the state in relation to:
    1. Administration and supervision of all forms of public assistance including general home relief, outdoor and indoor care for persons in need, old age assistance, aid to dependent children, and aid to individuals who are blind and other individuals with disabilities.
    2. Administration and supervision of services to needy, neglected, and dependent children.
  2. All administrative functions of the nature outlined above, heretofore performed by other agencies of the state, are hereby transferred to and shall hereafter be performed by the Cabinet for Health and Family Services.

History. Enact. Acts 1948, ch. 164, § 2; 1952, ch. 83, § 2; 1956, ch. 157, § 1; 1966, ch. 255, § 183; 1974, ch. 74, Art. VI, § 108; 1994, ch. 405, § 46, effective July 15, 1994; 1996, ch. 271, § 12, effective July 15, 1996; 1998, ch. 426, § 127, effective July 15, 1998; 2005, ch. 99, § 41, effective June 20, 2005.

Research References and Practice Aids

Cross-References.

Aid to dependent children, KRS Chapter 200.

Child welfare, KRS Chapters 199, 200, 405.

Housing and care of elderly, KRS 216.750 to 216.780 .

Old age assistance, KRS Chapter 205.

Unemployment compensation, KRS Chapter 341.

195.030. Bureaus and divisions — Transfers of other agencies to department. [Repealed.]

Compiler’s Notes.

This section (Acts 1948, ch. 164, § 3; 1952, ch. 83, § 3; 1956, ch. 157, § 2; 1966, ch. 255, § 184) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

195.040. Free public employment offices. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 164, §§ 4, 5; 1956, ch. 107; 1966, ch. 255, § 185; 1974, ch. 74, Art. VI, § 40) was repealed by Acts 1996, ch. 271, § 28, effective July 1, 1996. For present law see KRS 151B.285.

195.050. Bureau of Social Services. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 164, § 6; 1952, ch. 83, § 4; 1956, ch. 157, § 3) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

195.060. Transfer of personnel of former agencies. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 164, § 7) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

195.070. Legal counsel. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 164, § 8) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

195.080. Purpose of KRS 195.010 to 195.100. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 164, § 9; 1952, ch. 83, § 5; 1956, ch. 157, § 4; 1966, ch. 255, § 186) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

195.090. Transfer of appropriations and allocations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 164, § 10; 1956, ch. 157, § 5) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

195.100. Division of Personnel Security. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1951, (Ex. Sess.), ch. 3, § 11) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

195.105. Training program authorized — Research assignment — Classification — Compensation — Contract.

  1. The secretary for health and family services in coordination with the Personnel Cabinet is authorized to establish formal training programs within the Cabinet for Health and Family Services or within any of the departments, divisions, or sections of the cabinet for the training of necessary personnel for the administration of the programs of the cabinet. When courses of study, applicable to the program processes of the cabinet, are not available through instruction within the cabinet, arrangements may be made for the training of employees in any public or private school or institution having available facilities for that purpose, and this training shall be deemed to be a part of the cabinet’s training program. Training of employees in public or private schools or institutions for this purpose shall be deemed a part of research assignments to be completed during the period of study, these assignments to relate directly to the work assignment of the employee. After consulting with the Personnel Cabinet, position classifications in the research series shall be established for employees on work study assignments, and funds of the cabinet may be used to pay salaries commensurate with the appropriate classification while the employee is receiving such training.
  2. Any employee who is paid a salary while receiving such training shall be required to enter into a contract, prior to receiving the training, that he will complete a specified work assignment, and that unless he continues in the employ of the cabinet for at least a period equivalent to the training period, immediately following the completion of such training, the state will hold a claim against that person for the amount of salary paid during the training period, and he will repay to the cabinet the sum paid to him by the cabinet during the period of his training.

History. Enact. Acts 1962, ch. 85, § 1; 1974, ch. 74, Art. VI, § 107; 1998, ch. 154, § 85, effective July 15, 1998; 1998, ch. 426, § 126, effective July 15, 1998; 2005, ch. 99, § 42, effective June 20, 2005.

Research References and Practice Aids

Cross-References.

State personnel generally, KRS Chapter 18A.

195.107. Conflict of interest by members of private industry councils — Effect of violation.

  1. No member of any private industry council, established under the Job Training Partnership Act of 1982 (96 Stat. 1322), shall cast a vote on the provision of services by that member (or any organization which that member directly represents) or vote on any matter which would provide direct financial benefit to that member.
  2. Whenever the secretary determines that there is a substantial violation of subsection (1) of this section, the secretary may issue a notice of intent to revoke approval of all or part of the plan affected.

History. Enact. Acts 1984, ch. 77, § 1, effective July 13, 1984.

Compiler’s Notes.

The Job Training Partnership Act of 1982, referred to in subsection (1), was compiled primarily as 29 USCS § 1501 et seq. (repealed 2000).

195.110. Duties of commissioner in the administration of division of children’s services. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 157, § 53) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

Displaced Homemakers

195.120. Purpose of KRS 195.130 and 195.140. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 335, § 1, effective June 17, 1978) was repealed by Acts 1998, ch. 100, § 10 and Acts 1998, ch. 426, § 628, effective July 15, 1998.

Legislative Research Commission Notes.

(7/15/98). This section was repealed by 1998 Ky. Acts chs. 100 and 426.

195.130. Definition for KRS 195.120 to 195.140. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 335, § 2, effective June 17, 1978) was repealed by Acts 1998, ch. 100, § 10 and Acts 1998, ch. 426, § 628, effective July 15, 1998.

Legislative Research Commission Notes.

(7/15/98). This section was repealed by 1998 Ky. Acts chs. 100 and 426.

195.140. Programs for displaced homemakers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 335, § 3, effective June 17, 1978) was repealed by Acts 1998, ch. 100, § 10 and Acts 1998, ch. 426, § 628, effective July 15, 1998.

Legislative Research Commission Notes.

(7/15/98). This section was repealed by 1998 Ky. Acts chs. 100 and 426.

Employment of Handicapped

195.150. Definitions for KRS 195.150 to 195.200. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 106, Art. IX, § 1) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

195.160. Commission on Employment of Physically Handicapped — Membership. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 106, Art. IX, § 2; 1970, ch. 180, § 2) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

195.170. Personnel — Advisory committees — Expenses. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 106, Art. IX, § 3) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

195.180. Duties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 106, Art. IX, § 4; 1970, ch. 180, § 3; 1974, ch. 74, Art. VI, § 41; 1994, ch. 405, § 47, effective July 15, 1994) was repealed by Acts 1998, ch. 426, § 628, effective July 15, 1998.

Legislative Research Commission Notes.

(7/15/98). Under KRS 446.260 , the repeal of this section in 1998 Ky. Acts ch. 426, sec. 628 prevails over its amendment in 1998 Ky. Acts ch. 426, sec. 128.

195.190. Staff assistance. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 106, Art. IX, § 5) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

195.200. Disposition of gifts and grants. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 106, Art. IX, § 6) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

CHAPTER 196 Corrections

196.010. Definitions for chapter.

As used in this chapter, unless the context requires otherwise:

  1. “Cabinet” means the Justice and Public Safety Cabinet;
  2. “Commissioner” means commissioner of the Department of Corrections;
  3. “Department” means the Department of Corrections;
  4. “Institution” means any institution under the control of the Department of Corrections; and
  5. “Secretary” means secretary of the Justice and Public Safety Cabinet.

History. Amend. Acts 1952, ch. 50, § 34; 1962, ch. 106, Art. X, § 1; 1966, ch. 255, § 187; 1974, ch. 74, Art. V, § 24(14); 1982, ch. 344, § 1, effective July 15, 1982; 1992, ch. 211, § 18, effective July 14, 1992; 2003, ch. 71, § 9, effective June 24, 2003; 2007, ch. 85, § 221, effective June 26, 2007.

General Provisions

196.020. Department of Corrections — Commissioner. [Repealed.]

Compiler’s Notes.

This section (4618-102: amend. Acts 1962, ch. 106, Art. X, § 2) was repealed by Acts 1974, ch. 74, Art. V, § 28.

196.025. Delegation of authority by commissioner to deputy. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1950, ch. 45) was repealed by Acts 1974, ch. 74, Art. V, § 28.

196.026. Organizational units of Department of Corrections.

The Department of Corrections shall consist of the following organizational units:

  1. Personnel Division;
  2. Office of Adult Institutions, which shall have the following divisions:
    1. Division of Operations and Program Services;
    2. Division of Medical Services;
    3. Division of Mental Health Services;
    4. Division of Substance Abuse Programming;
    5. Division of Correctional Industries;
    6. Division of Kentucky State Reformatory;
    7. Division of Luther Luckett Correctional Complex;
    8. Division of Roederer Correctional Complex;
    9. Division of Blackburn Correctional Complex;
    10. Division of Kentucky Correctional Institution for Women;
    11. Division of Northpoint Training Center Division;
    12. Division of Eastern Kentucky Correctional Complex;
    13. Division of Bell County Forestry Camp;
    14. Division of Kentucky State Penitentiary;
    15. Division of Western Kentucky Correctional Complex;
    16. Division of Green River Correctional Complex;
    17. Division of Little Sandy Correctional Complex; and
    18. Division of Education. Each division specified in paragraphs (f) to (q) of this subsection shall be headed by a warden pursuant to KRS 196.160 ;
  3. Office of Community Services and Facilities, which shall have the following divisions:
    1. Division of Probation and Parole;
    2. Division of Reentry; and
    3. Division of Local Facilities; and
  4. Office of Support Services, which shall have the following divisions:
    1. Division of Administrative Services;
    2. Division of Corrections Training;
    3. Division of Population Management; and
    4. Division of Parole and Victim Services.

History. Enact. Acts 1994, ch. 227, § 6, effective July 15, 1994; 2000, ch. 217, § 1, effective July 14, 2000; 2002, ch. 60, § 1, effective July 15, 2002; 2003, ch. 71, § 10, effective June 24, 2003; 2007, ch. 85, § 222, effective June 26, 2007; 2013, ch. 72, § 1, effective June 25, 2013; 2018 ch. 184, § 1, effective July 14, 2018; 2018 ch. 191, § 1, effective July 14, 2018.

Legislative Research Commission Notes.

(7/14/2018). This statute was amended by 2018 Ky. Acts chs. 184 and 191, which do not appear to be in conflict and have been codified together.

196.026. Organizational units of Department of Corrections.

The Department of Corrections shall consist of the following organizational units:

  1. Personnel Division;
  2. Office of Adult Institutions, which shall have the following divisions:
    1. Division of Operations and Program Services;
    2. Division of Medical Services;
    3. Division of Mental Health Services;
    4. Division of Substance Abuse Programming;
    5. Division of Correctional Industries;
    6. Division of Kentucky State Reformatory;
    7. Division of Luther Luckett Correctional Complex;
    8. Division of Roederer Correctional Complex;
    9. Division of Blackburn Correctional Complex;
    10. Division of Kentucky Correctional Institution for Women;
    11. Division of Northpoint Training Center Division;
    12. Division of Eastern Kentucky Correctional Complex;
    13. Division of Bell County Forestry Camp;
    14. Division of Kentucky State Penitentiary;
    15. Division of Western Kentucky Correctional Complex;
    16. Division of Green River Correctional Complex;
    17. Division of Little Sandy Correctional Complex;
    18. Division of Southeast State Correctional Complex; and
    19. Division of Education. Each division specified in paragraphs (f) to (r) of this subsection shall be headed by a warden pursuant to KRS 196.160 ;
  3. Office of Community Services and Facilities, which shall have the following divisions:
    1. Division of Probation and Parole;
    2. Division of Reentry; and
    3. Division of Local Facilities; and
  4. Office of Support Services, which shall have the following divisions:
    1. Division of Administrative Services;
    2. Division of Corrections Training;
    3. Division of Population Management; and
    4. Division of Parole and Victim Services.

HISTORY: Enact. Acts 1994, ch. 227, § 6, effective July 15, 1994; 2000, ch. 217, § 1, effective July 14, 2000; 2002, ch. 60, § 1, effective July 15, 2002; 2003, ch. 71, § 10, effective June 24, 2003; 2007, ch. 85, § 222, effective June 26, 2007; 2013, ch. 72, § 1, effective June 25, 2013; 2018 ch. 184, § 1, effective July 14, 2018; 2018 ch. 191, § 1, effective July 14, 2018; 2021 ch. 82, § 3.

196.030. Functions of Department of Corrections.

  1. The department shall, unless otherwise provided by law, exercise all functions of the state in relation to:
    1. Management of penal, reform, and correctional institutions;
    2. Supervision of probation and parole;
    3. The giving of assistance to other departments, agencies, and institutions of the state and federal government when requested by performing services in conformity with this section;
    4. Acting as the agent of the federal government in matters of mutual concern, and in the administration of any federal funds granted to the state to aid in the performance of any function of this department;
    5. Administration and enforcement of the provisions of KRS Chapter 441 relating to the development and enforcement of jail standards, training of jailers and jail personnel, and jail planning and construction.
  2. Notwithstanding other provisions to the contrary, the Department of Corrections may contract with a county fiscal court or local or regional correctional authority to house misdemeanants and persons awaiting trial or sentencing.
  3. The provisions of this section shall not apply to any institution, home, or agency which does not receive aid from the state, a county, or municipality.

History. 4618-101: amend. Acts 1956, ch. 157, § 6; 1962, ch. 106, Art. X, § 3; 1974, ch. 74, Art. V, § 24(14); 1982, ch. 344, § 2, effective July 15, 1982; 1982, ch. 385, § 29, effective July 1, 1982; 1990, ch. 497, § 15, effective July 13, 1990; 1992, ch. 211, § 19, effective July 14, 1992.

NOTES TO DECISIONS

1.State Acquisition of Private Charity.

Plan pursuant to which department of welfare (now Department of Corrections) caused nonprofit corporation to be organized and property of Kentucky children’s home society conveyed to corporation, and department executed one year lease of property at rental within budget of department, with option to renew, the object being to retire bonds of corporation through the annual rentals and to secure a conveyance of the property to the state when that was done, was valid. Speer v. Kentucky Children's Home, 278 Ky. 225 , 128 S.W.2d 558, 1939 Ky. LEXIS 398 ( Ky. 1939 ) (decision prior to 1962 amendment).

2.Custody or Transfer.

Rule of Criminal Procedure 11.22, KRS 431.215 and 532.100 , and Const., § 254, dictate the Correction Cabinet (now Department of Corrections) must accept custody or transfer of convicted felons and parole violators, despite that body’s promulgation of a controlled intake policy pursuant to this section and KRS 197.110 . Campbell County v. Commonwealth, Kentucky Corrections Cabinet, 762 S.W.2d 6, 1988 Ky. LEXIS 50 ( Ky. 1988 ).

Correction Cabinet’s (now Department of Corrections) defense to contempt charges based on its inability to comply with orders to take custody of certain prisoners was fundamentally flawed; the Kentucky Constitution assigns the responsibility for care and custody of convicted felons to state government as a whole; therefore, state government, which bears the burden for correcting overcrowding in prisons, was not unable to perform, even if this individual agency of the government could claim otherwise. Campbell County v. Commonwealth, Kentucky Corrections Cabinet, 762 S.W.2d 6, 1988 Ky. LEXIS 50 ( Ky. 1988 ).

Cited in:

Kentucky Childrens Home v. Woods, 289 Ky. 20 , 157 S.W.2d 473, 1941 Ky. LEXIS 11 ( Ky. 1941 ); Claspell v. Brown, 332 S.W.2d 851, 1960 Ky. LEXIS 177 ( Ky. 1960 ); Million v. Raymer, 136 S.W.3d 460, 2004 Ky. LEXIS 146 ( Ky. 20 04 ).

Opinions of Attorney General.

If called upon by a county judge for a preparole report it is the parole officer’s duty to make it and if the individual is paroled, his supervision becomes a responsibility of the division of probation and parole (now Department of Corrections). OAG 66-421 .

Jail consultants of the Bureau of Corrections (now Department of Corrections) have no authority to establish rules and regulations for operations of city or county jails in which state prisoners are housed. OAG 75-135 .

Research References and Practice Aids

Cross-References.

Classification, segregation or transfer of prisoners in penal institutions, KRS 197.065 .

196.031. Employment of personnel — Annual report.

  1. The cabinet shall employ the personnel and operate and maintain data collection and processing systems necessary to comply with the provisions of this section.
  2. The cabinet shall annually on July 1 of each year report to the Governor, the Legislative Research Commission, and the Kentucky State Corrections Commission on:
    1. The placement of prisoners within the Commonwealth’s correctional system by institution, whether imprisoned in a state prison or other institution, including county jails, on probation, paroled, housed in halfway houses, housed in reentry centers, sentenced to community service or otherwise;
    2. Numbers of prisoners by type of offense;
    3. Numbers of prisoners by number and type of prior convictions;
    4. Numbers of prisoners paroled by type of offense and by length of time served;
    5. Numbers of prisoners released through shock probation by type of offense and by length of time served;
    6. Numbers of prisoners serving their full sentence by type of offense;
    7. The percentage of felony offenders on parole or some form of post-release supervision who are participating or completing treatment consistent with assessment results, in prison and in the community;
    8. The percentage of felony offenders whose reassessment results demonstrate reductions in criminal risk factors;
    9. The percentage of programs that demonstrate their effectiveness in reducing recidivism;
    10. The percentage of felony offenders on parole or some form of post-release supervision, by supervision type, who:
      1. Are employed or in school within thirty (30) days, six (6) months, and one (1) year of the start of supervision;
      2. Have had part-time employment for a minimum of six (6) months, and the percentage of offenders who have had full-time employment for a minimum of six (6) months;
      3. Have housing upon release from incarceration;
      4. Had stable housing for at least six (6) months; and
      5. Are arrested, convicted, or incarcerated within six (6) months, one (1) year, and three (3) years;
    11. The percentage of admissions to prison by offenders under supervision at the time of admission, including information regarding whether the violations were criminal or technical; and
    12. Any other data that provides information on state-funded crime reduction and recidivism reduction efforts, including caseload sizes by risk level, participation in treatment and intervention programming, public safety outcomes, and cost effectiveness.
  3. The cabinet shall annually report to the Governor and to the Legislative Research Commission on:
    1. Numbers and types of prison beds necessary to meet current population needs and six (6) year projections of those needs;
    2. Current personnel needs of the cabinet and five (5) year projections of the needs; and
    3. A six (6) year projection of needed capital construction, program development, and anticipated requests for appropriations.

HISTORY: Enact. Acts 1984, ch. 401, § 7, effective July 13, 1984; 1990, ch. 497, § 2, effective July 13, 1990; 2003, ch. 71, § 11, effective June 24, 2003; 2011, ch. 2, § 65, effective June 8, 2011; 2017 ch. 158, § 90, effective June 29, 2017.

196.032. Department’s objectives.

The primary objectives of the department shall be to maintain public safety and hold offenders accountable while reducing recidivism and criminal behavior and improving outcomes for offenders under its supervision. The department shall create and implement policies and programs to achieve these objectives.

History. Enact. Acts 2011, ch. 2, § 2, effective June 8, 2011.

196.035. Powers and duties of secretary.

The secretary shall, except as otherwise provided in KRS 439.250 to 439.560 and KRS Chapter 13A, have the power and authority to promulgate administrative regulations he or she deems necessary or suitable for the proper administration of the functions of the cabinet or any division in the cabinet, including qualification for the receipt of federal funds and for cooperation with other state and federal agencies. The secretary may delegate to any person appointed the power and authority as he or she deems reasonable and proper for the effective administration of the cabinet.

History. Enact. Acts 1956, ch. 157, § 8; 1974, ch. 74, Art. V, § 24(14); 1982, ch. 344, § 3, effective July 15, 1982; 1992, ch. 13, § 10, effective July 14, 1992; 2007, ch. 85, § 223, effective June 26, 2007.

NOTES TO DECISIONS

1.In General.

Since the legislature authorized the Secretary of the Justice and Public Safety Cabinet, in overseeing the Department of Corrections, to regulate, reward, and punish prisoner conduct, and the secretary, without ceding or relinquishing that authority, properly delegated much of it to the wardens who, under properly adopted policies, had final say in the forfeiture of good-time credit, the only entities with the authority to restore good-time credit or expunge a prison record were the Department of Corrections and the warden, and, although the inmate had named the warden in the lawsuit in the trial court, the inmate’s failure to include the warden as an appellee in the notice of appeal was fatal. Watkins v. Fannin, 278 S.W.3d 637, 2009 Ky. App. LEXIS 34 (Ky. Ct. App. 2009).

Cited in:

Coleman v. Commonwealth, 100 S.W.3d 745, 2002 Ky. LEXIS 247 ( Ky. 2002 ), overruled in part, Bratcher v. Commonwealth, 424 S.W.3d 411, 2014 Ky. LEXIS 85 ( Ky. 2014 ); Bowling v. Ky. Dep’t of Corr., 301 S.W.3d 478, 2009 Ky. LEXIS 291 ( Ky. 2009 )

Research References and Practice Aids

Cross-References.

Metropolitan correctional services department, report of sheriff regarding, KRS 67B.070 .

196.037. Department personnel to have powers of peace officers.

  1. All personnel of the department, while acting for the department in any capacity entailing the maintenance of custody over any prisoners, shall have all the authority and powers of peace officers.
  2. All department personnel who are officially requested by a law enforcement agency in a county of Kentucky or by the Department of Kentucky State Police to assist in the apprehension of a prisoner who has escaped from the legal or physical custody of the Department of Corrections or a detention facility of the Department of Corrections shall possess, while responding to and for the duration of the matter for which the request was made, the same powers of arrest as peace officers.
  3. Probation and parole officers, while acting for the department in any capacity entailing the maintenance of custody or supervision of any confined prisoner, paroled prisoner, escaped prisoner, probationer, or other person otherwise placed under their supervision shall have all the authority and powers of peace officers.
  4. Internal affairs officers and supervisors of the department, while investigating any person in connection with an offense involving personnel of the department, employee of any contractor providing services to the department, confined prisoner, paroled prisoner, escaped prisoner, probationer, or other person otherwise placed under the supervision of the department, shall have all the authority and powers of peace officers.

HISTORY: Enact. Acts 1962, ch. 106, Art. X, § 8; 1974, ch. 74, Art. V, § 24(14); 1982, ch. 344, § 4, effective July 15, 1982; 1990, ch. 497, § 19, effective July 13, 1990; 1992, ch. 211, § 20, effective July 14, 1992; 1992, ch. 335, § 2, effective July 14, 1992; 1996, ch. 334, § 2, effective July 15, 1996; 2000, ch. 345, § 1, effective July 14, 2000; 2007, ch. 85, § 224, effective June 26, 2007; 2015 ch. 126, § 1, effective June 24, 2015.

NOTES TO DECISIONS

1.Discriminatory Conduct.

The trial court properly ruled that the factual basis of the complaint did not state a claim of arbitrary and discriminatory conduct, as KRS 61.300 and this section apply to all former felons, not just black felons. Leonard v. Corrections Cabinet, 828 S.W.2d 668, 1992 Ky. App. LEXIS 75 (Ky. Ct. App. 1992).

Opinions of Attorney General.

Probation and parole officers when engaged in the discharge of official duties involving probation and parole violators or entailing the maintenance of custody over any prisoner, or when necessary for their protection in the discharge of their official duties, are empowered by KRS 527.020 to carry concealed deadly weapons on or about their persons. OAG 75-87 .

As long as this section designates personnel of the bureau of corrections (now Department of Corrections) as having the powers of peace officers when they perform custodial duties over prisoners, such personnel must meet the age requirement for peace officers, set forth in KRS 61.300 , which requires all such officers to be 21 years of age. OAG 78-486 .

In view of the fact that those persons afforded peace officer status by virtue of this section, governing corrections personnel, are clearly nonelective peace officers, such persons must meet the qualifications mandated for such officers by KRS 61.300 . OAG 83-205 .

Persons not directly involved in the maintenance of custody over prisoners are not afforded peace officer status. OAG 83-205 .

Any person who has been convicted of a crime involving moral turpitude may not act in any capacity entailing the maintenance of custody over prisoners. OAG 83-205 .

The Corrections Cabinet (now Department of Corrections) may employ ex-offenders to perform duties which do not entail the maintenance of custody over prisoners; if ex-offenders are hired to serve in a capacity involving the maintenance of custody over prisoners, however, such ex-offenders must meet the qualifications set forth in KRS 61.300 . OAG 83-205 .

196.040. Divisions of department. [Repealed.]

Compiler’s Notes.

This section (263b-3, 4618-102, 4618-103, 4618-104, 4618-106, 4618-107: amend. Acts 1942, ch. 96, §§ 2, 3; 1956, ch. 157, § 7; 1962, ch. 106, Art. X, § 4) was repealed by Acts 1974, ch. 74, Art. V, § 28.

196.042. Criminal justice reinvestment fund — Annual funds appropriations — Dedicated use of funds.

  1. The criminal justice reinvestment fund is created as a trust fund. The trust fund shall consist of funds deposited pursuant to KRS 196.044 and shall be appropriated for the purposes set forth in subsection (3) of this section. The department shall administer the fund.
  2. Any interest earned on moneys in the fund shall become a part of the fund and shall not lapse.
  3. All funds in the criminal justice reinvestment fund shall be appropriated ninety (90) days after the close of the fiscal year as follows:
    1. Twenty percent (20%) to the department for expanding and enhancing evidence-based substance use disorder treatment programs for inmates;
    2. Twenty percent (20%) to the Office of Drug Control Policy for expanding and enhancing evidence-based substance use disorder treatment programs, including but not limited to treatment for neonatal abstinence syndrome;
    3. Twenty percent (20%) to the crime victims’ compensation fund established in KRS 49.480 ;
    4. Twenty percent (20%) to the department for reentry services, including but not limited to vocational training; and
    5. Twenty percent (20%) to the community corrections fund established in KRS 196.732 .
  4. For programs that receive funding under subsection (3) of this section, the moneys appropriated pursuant to this section shall not be used to replace any other state or county appropriations that the programs would have received if not for the appropriation made pursuant to this section.

HISTORY: 2017 ch. 158, § 100, effective June 29, 2017.

Legislative Research Commission Notes.

(6/28/2019). Subsection (3)(c) of this statute, as created under 2017 Ky. Acts ch. 158, sec. 100, contained a reference to “the crime victims' compensation fund established under KRS 346.185 .” This reference has been changed to read “the crime victims' compensation fund established under KRS 49.480 .” KRS 346.185 was repealed, reenacted as KRS 49.480 , and amended by 2017 Ky. Acts ch. 74, sec. 48, but the reference noted above was not changed to conform with renumbering during codification. The Reviser of Statutes has made this change under the authority of KRS 7.136(1)(e).

196.044. Annual calculations of cost savings resulting from 2017 Ky. Acts ch. 158 — Deposit in criminal justice reinvestment fund.

  1. As used in this section:
    1. “Cost savings” means the ending balance excluding any necessary government expenses as identified in an enacted appropriations bill and any agency transfers that occurred in the same fiscal year from which an ending balance is realized;
    2. “Criminal justice reinvestment fund” means the fund established in KRS 196.042 ; and
    3. “Ending balance” means the remaining general fund moneys unexpended for the fiscal year in which those funds were appropriated by the General Assembly.
  2. Beginning with the close of fiscal year 2017-2018 and each fiscal year thereafter, the department shall measure and document cost savings based on an ending balance created as a result of 2017 Ky. Acts ch. 158. Calculations shall be based on the department’s overall general fund appropriation. Measured and documented cost savings shall be reinvested and appropriated as provided in KRS 196.042 .
    1. Notwithstanding KRS 45.229 , any cost savings calculated pursuant to subsection (2) of this section shall not lapse but shall be deposited by the department into the criminal justice reinvestment fund. (3) (a) Notwithstanding KRS 45.229 , any cost savings calculated pursuant to subsection (2) of this section shall not lapse but shall be deposited by the department into the criminal justice reinvestment fund.
    2. If no cost savings are calculated pursuant to subsection (2) of this section, no funds shall be deposited into the criminal justice reinvestment fund.

HISTORY: 2017 ch. 158, § 99, effective June 29, 2017.

196.045. Administrative regulations for restoration of civil rights to eligible felony offenders.

  1. The Department of Corrections shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement a simplified process for the restoration of civil rights to eligible felony offenders. As part of this simplified process, the Department of Corrections shall:
    1. Inform eligible offenders about the process for restoration of civil rights and provide a standard form which individuals may sign upon their release to formally request that the Department of Corrections initiate the process;
    2. Generate a list on a monthly basis of eligible offenders who have been released by the Department of Corrections or discharged by the Parole Board and who have requested that their civil rights be restored;
    3. Conduct an investigation and compile the necessary information to ensure that all restitution has been paid and that there are no outstanding warrants, charges, or indictments;
    4. Provide notice to the Commonwealth’s attorney in the county of commitment and to the Commonwealth’s attorney in the offender’s county of residence, setting out in the notification the criminal case number and charges for which the offender was convicted; and
    5. Forward information on a monthly basis of eligible felony offenders who have requested restoration of rights to the Office of the Governor for consideration of a partial pardon.
  2. As used in this section, “eligible felony offender” means a person convicted of one (1) or more felonies who:
    1. Has reached the maximum expiration of his or her sentence or has received final discharge from the Parole Board;
    2. Does not have any pending warrants, charges, or indictments; and
    3. Had paid full restitution as ordered by the court or the Parole Board.
  3. As used in this section, “civil rights” means the ability to vote, serve on a jury, obtain a professional or vocational license, and hold an elective office. It does not include the right to bear arms.
  4. Any eligible offender not provided for under subsection (2) of this section may submit an application directly to the Department of Corrections to initiate the process outlined in subsection (1) of this section.

History. Enact. Acts 2001, ch. 115, § 1, effective June 21, 2001.

Research References and Practice Aids

Kentucky Law Journal.

Frazier, Removing the Vestiges of Discrimination: Criminal Disenfranchisement Laws and Strategies for Challenging Them., 95 Ky. L.J. 481 (2006/2007).

Northern Kentucky Law Review.

2008 Criminal Law Issue: Note: Kentucky’s Statutory Collateral Consequences Arising From Felony Convictions: A Practitioner’s Guide, 35 N. Ky. L. Rev. 413 (2008).

196.050. Division of Public Assistance. [Repealed.]

Compiler’s Notes.

This section (4618-103) was repealed by Acts 1950, ch. 110, § 12.

196.060. Division of Child Welfare. [Repealed.]

Compiler’s Notes.

This section (4618-104) was repealed by Acts 1950, ch. 125, § 33.

196.065. Forensic psychiatric facility — Initiation of mental hospitalization proceedings against inmate.

  1. The department shall operate a forensic psychiatric facility to provide mental health care for persons convicted of a crime who are committed to the department. This care shall be provided by the department for the duration of the person’s sentence.
  2. The department shall initiate or be responsible for initiation of hospitalization proceedings under KRS Chapter 202A or 202B for any inmate who needs mental health care at the expiration of his sentence.

History. Enact. Acts 1980, ch. 295, § 45, effective July 15, 1980; 1982, ch. 113, § 12, effective July 15, 1982; 1994, ch. 227, § 4, effective July 15, 1994.

Research References and Practice Aids

Northern Kentucky Law Review.

Notes, Criminal Law — Insanity Defense — Jury Instruction on Consequences of Acquittal — Payne v. Commonwealth, 623 S.W.2d 867, 1981 Ky. LEXIS 286 ( Ky. 1981 ), 9 N. Ky. L. Rev. 583 (1982).

196.070. Duties of commissioner of Department of Corrections — Training programs.

  1. The commissioner of the Department of Corrections shall:
    1. Supervise and administer the Kentucky State Reformatory, the Kentucky Correctional Institution for Women, the Kentucky State Penitentiary, Northpoint Training Center, the Luther Luckett Correctional Complex, the Eastern Kentucky Correctional Complex, the Green River Correctional Complex, the Western Kentucky Correctional Complex, the Roederer Correctional Complex, and any minimum security correctional institutions established and operated by the department, or any divisions of those institutions, the private prisons as provided by KRS 197.500 , and the prison industry program within those institutions.
    2. Supervise the employment of prisoners who have not been paroled or conditionally released, either within or without the walls or enclosures of these institutions.
    3. Have the authority to transfer, with the approval of the secretary of the Finance and Administration Cabinet, appropriated funds from the budget of one (1) penal institution to another.
    4. Determine minimum, maximum, and conditional release dates of prisoners in accordance with KRS 197.045 .
    5. Authorize the transfer of prisoners between institutions.
    6. Create those positions and employ those personnel necessary to perform the functions of the department.
    7. Promulgate administrative regulations in accordance with KRS Chapter 13A to implement KRS 196.700 to 196.735 .
  2. The commissioner may organize and maintain a training division for employees of the department and others and in connection therewith promulgate administrative regulations covering the course and conduct of the training and the period of time for which any employee or applicant therefor shall attend the school.
    1. The Division of Corrections Training shall establish, supervise, and coordinate training programs and schools for corrections personnel, jail personnel, and any other justice or nonlaw-enforcement related personnel as prescribed by the secretary and shall issue certification to those employees having successfully met the requirements of the training program.
    2. The Division of Corrections Training shall make a continuing study of corrections training standards and design, develop, and deliver preservice and in-service training programs.
    3. The Division of Corrections Training shall, by administrative regulations, prescribe minimum qualifications for its instructors and shall approve, issue, or revoke the certification of instructors.

History. 4618-106: amend. Acts 1942, ch. 96, § 4; 1962, ch. 106, Art. X, § 5; subsection (4) repealed 1963 (2nd Ex. Sess.), ch. 4, § 9; 1974, ch. 74, Art. V, § 24(15), (19); 1974, ch. 308, § 37; 1978, ch. 155, §§ 41, 119, effective June 17, 1978; 1982, ch. 113, § 13, effective July 15, 1982; 1982, ch. 344, § 5, effective July 15, 1982; 1984, ch. 106, § 1, effective July 13, 1984; 1990, ch. 315, § 2, effective July 13, 1990; 1990, ch. 497, § 8, effective July 13, 1990; 1992, ch. 211, § 21, effective July 14, 1992; 1992, ch. 445, § 2, effective July 14, 1992; 1994, ch. 227, § 5, effective July 15, 1994; 1994, ch. 418, § 2, effective July 15, 1994; 1996, ch. 334, § 5, effective April 10, 1996; 2003, ch. 71, § 8, effective June 24, 2003.

NOTES TO DECISIONS

1.Constitutionality.

This section and KRS 197.065 are constitutional. Swanners v. Thomas, 387 S.W.2d 307, Ky. LEXIS 468 (Ky.), cert. denied, 382 U.S. 865, 86 S. Ct. 131, 15 L. Ed. 2d 103, 1965 U.S. LEXIS 893 (U.S. 1965).

Opinions of Attorney General.

The determination as to the correctional institution to which the prisoner is to be delivered is made by the Department of Corrections and sheriffs are required to comply with the guidelines set out by the department. OAG 70-678 .

Probation and parole officers when engaged in the discharge of official duties involving probation and parole violators or entailing the maintenance of custody over any prisoner, or when necessary for their protection in the discharge of their official duties, are empowered by KRS 527.020 to carry concealed deadly weapons on or about their persons. OAG 75-87 .

The phrase, “other minimum security correctional institutions,” in this section, would embrace a community residential correctional center, as mentioned in KRS 439.590 . OAG 84-356 .

Constitution, § 254, this section, and KRS 196.135 do not permit the Corrections Cabinet (now Department of Corrections) and the Commonwealth to contract with a private vendor to operate a community residential correctional center under KRS 439.590 , free from the supervision, administration and disciplinary control of corrections officials; neither the Constitution nor the statutes of Kentucky permit such extraordinary delegation of authority. OAG 84-356 .

Under the statutes relating to the duties of the Secretary of the Corrections Cabinet (now Department of Corrections), penal institutions must be directly supervised, administered and operated by the Corrections Cabinet (now Department of Corrections); there are no statutes permitting corrections to delegate such operational function to any other agency or to private enterprise. OAG 84-356 .

Research References and Practice Aids

Cross-References.

Community residential correctional centers, KRS 439.580 to 439.630 .

Penitentiaries, KRS Chapter 197.

Northern Kentucky Law Review.

Notes, Criminal Law — Insanity Defense — Jury Instruction on Consequences of Acquittal — Payne v. Commonwealth, 623 S.W.2d 867, 1981 Ky. LEXIS 286 ( Ky. 1981 ), 9 N. Ky. L. Rev. 583 (1982).

196.070. Duties of commissioner of Department of Corrections — Training programs.

  1. The commissioner of the Department of Corrections shall:
    1. Supervise and administer the Kentucky State Reformatory, the Kentucky Correctional Institution for Women, the Kentucky State Penitentiary, Northpoint Training Center, the Luther Luckett Correctional Complex, the Eastern Kentucky Correctional Complex, the Green River Correctional Complex, the Western Kentucky Correctional Complex, the Roederer Correctional Complex, the Southeast State Correctional Complex, and any minimum security correctional institutions established and operated by the department, or any divisions of those institutions, the private prisons as provided by KRS 197.500 , and the prison industry program within those institutions.
    2. Supervise the employment of prisoners who have not been paroled or conditionally released, either within or without the walls or enclosures of these institutions.
    3. Have the authority to transfer, with the approval of the secretary of the Finance and Administration Cabinet, appropriated funds from the budget of one (1) penal institution to another.
    4. Determine minimum, maximum, and conditional release dates of prisoners in accordance with KRS 197.045 .
    5. Authorize the transfer of prisoners between institutions.
    6. Create those positions and employ those personnel necessary to perform the functions of the department.
    7. Promulgate administrative regulations in accordance with KRS Chapter 13A to implement KRS 196.700 to 196.735 .
  2. The commissioner may organize and maintain a training division for employees of the department and others and in connection therewith promulgate administrative regulations covering the course and conduct of the training and the period of time for which any employee or applicant therefor shall attend the school.
    1. The Division of Corrections Training shall establish, supervise, and coordinate training programs and schools for corrections personnel, jail personnel, and any other justice or nonlaw-enforcement related personnel as prescribed by the secretary and shall issue certification to those employees having successfully met the requirements of the training program.
    2. The Division of Corrections Training shall make a continuing study of corrections training standards and design, develop, and deliver preservice and in-service training programs.
    3. The Division of Corrections Training shall, by administrative regulations, prescribe minimum qualifications for its instructors and shall approve, issue, or revoke the certification of instructors.

HISTORY: 4618-106: amend. Acts 1942, ch. 96, § 4; 1962, ch. 106, Art. X, § 5; subsection (4) repealed 1963 (2nd Ex. Sess.), ch. 4, § 9; 1974, ch. 74, Art. V, § 24(15), (19); 1974, ch. 308, § 37; 1978, ch. 155, §§ 41, 119, effective June 17, 1978; 1982, ch. 113, § 13, effective July 15, 1982; 1982, ch. 344, § 5, effective July 15, 1982; 1984, ch. 106, § 1, effective July 13, 1984; 1990, ch. 315, § 2, effective July 13, 1990; 1990, ch. 497, § 8, effective July 13, 1990; 1992, ch. 211, § 21, effective July 14, 1992; 1992, ch. 445, § 2, effective July 14, 1992; 1994, ch. 227, § 5, effective July 15, 1994; 1994, ch. 418, § 2, effective July 15, 1994; 1996, ch. 334, § 5, effective April 10, 1996; 2003, ch. 71, § 8, effective June 24, 2003; 2021 ch. 82, § 4.

196.073. Governor’s authority to authorize commissioner to consent to transfer of convicted offenders under federal treaty.

If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Governor may, on behalf of the state and subject to the terms of the treaty, authorize the commissioner of the Department of Corrections to consent to the transfer of offenders and take any other action necessary to initiate the participation of the state in the treaty, upon application of the offender.

History. Enact. Acts 1994, ch. 418, § 1, effective July 15, 1994.

196.075. Probation and parole functions.

The department, under the direction of the commissioner, shall exercise the functions vested in the department relating to probation and parole. The commissioner shall promulgate administrative regulations governing parolees and shall have the same powers of arrest as probation and parole officers.

History. Enact. Acts 1942, ch. 96, § 5; 1974, ch. 74, Art. V, § 24(15), (19); 1982, ch. 344, § 6, effective July 15, 1982; 1992, ch. 211, § 22, effective July 14, 1992; 2007, ch. 85, § 225, effective June 26, 2007.

Research References and Practice Aids

Cross-References.

Probation and parole, KRS Chapter 439.

196.076. Probation and parole officer salary improvement program.

The department shall establish a probation and parole officer salary improvement program consisting of the following elements:

  1. Probation and parole officer I with less than five (5) years of service shall receive no salary improvement.
  2. Probation and parole officer II with five (5) but less than ten (10) years of service shall receive a salary improvement of five percent (5%).
  3. Probation and parole officer III with ten (10) but less than fifteen (15) years of service shall receive a salary improvement of ten percent (10%).
  4. Probation and parole officer IV with fifteen (15) or more years of service shall receive a salary improvement of ten percent (10%) or two thousand five hundred dollars ($2,500), whichever is less.
  5. Salary improvements under this section shall be in addition to all other increments or other salary increases authorized by law but shall only be paid if the probation and parole officer has attained a favorable work-performance rating for four (4) of the previous five (5) years.
  6. The service requirement shall be satisfied only by service as a Kentucky probation and parole officer.
  7. At the time of implementation, officers who already meet the performance rating and service time requirements shall be awarded the respective position title and salary improvement. Officers who have not yet met those requirements shall be awarded the position title and salary improvements only upon meeting the requirements.
  8. Probation and parole seniors, coordinators, and supervisors shall be included in the appropriate progression series level for salary improvement based upon the work performance rating and respective service time requirement attained. However, the progression series titles shall not apply to probation and parole seniors, coordinators and supervisors.
  9. The department shall make the administrative regulations necessary for the administration of this section.

History. Enact. Acts 1988, ch. 377, § 1, effective July 1, 1990; 1992, ch. 211, § 23, effective July 14, 1992; 1998, ch. 269, § 1, effective July 15, 1998.

196.080. Division of hospitals and mental hygiene. [Repealed.]

Compiler’s Notes.

This section (263b-2) was repealed by Acts 1952, ch. 50, § 34.

196.081. Kentucky State Corrections Commission — Membership. [Repealed and reenacted.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 497, § 1, effective July 13, 1990; 1992, ch. 211, § 24, effective July 14, 1992; 1992, ch. 255, § 9, effective July 14, 1992; 1994, ch. 227, § 7, effective July 15, 1994; 1998, ch. 426, § 129, effective July 15, 1998; 2000, ch. 14, § 16, effective July 14, 2000; 2001, ch. 58, § 18, effective June 21, 2001) was repealed, reenacted as KRS 196.701 and amended by Acts 2003, ch. 71, § 1, effective June 24, 2003.

196.090. Laboratory of criminal identification and statistics — Persons to cooperate with. [Repealed.]

Compiler’s Notes.

This section (4618-107) was repealed by Acts 1962, ch. 106, Art. III, § 3.

196.091. Online system based on state statistics of offenders for use in plea negotiations and sentencing.

The department shall develop an online system based on state statistics of actual offenders to provide courts, attorneys, probation and parole officers, and victims with objective information for use in plea negotiations and sentencing. The system shall include but not be limited to the following information:

  1. Sentencing information for all felonies, including the amount of time likely to be served for particular offenses;
  2. The offender’s risk assessment rating;
  3. The offender’s expected time to serve, including but not limited to parole eligibility date, good time release date, maximum expiration of sentence date, and the historic percentage of time served for similar offenders;
  4. The costs for various sentencing options and costs for various alternatives to incarceration; and
  5. The offender’s likelihood of being reincarcerated within two (2) years under the different sentencing options and alternatives, taking into account the offender’s risk assessment rating.

History. Enact. Acts 2011, ch. 2, § 67, effective July 1, 2013.

196.093. Duties of Department of Corrections in regard to centralized criminal history record information system.

  1. The Department of Corrections shall, in cooperation with the Department of Kentucky State Police, the Department of Juvenile Justice, the Cabinet for Health and Family Services, and the Administrative Office of the Courts, be responsible for the recording of those data elements that are needed for the development of the centralized criminal history record information system.
  2. The database shall at a minimum contain the information required in KRS 27A.310 to 27A.440 .
  3. The Department of Corrections shall provide access to the Department of Kentucky State Police, the Department of Juvenile Justice, the Cabinet for Health and Family Services, and the Administrative Office of the Courts to its database.
  4. The Department of Corrections shall assign the same identification number or other variable to each person whose name appears in the database.

History. Enact. Acts 1986, ch. 389, § 3, effective July 15, 1986; 1992, ch. 211, § 41, effective July 14, 1992; 1998, ch. 606, § 19, effective July 15, 1998; 2005, ch. 99, § 169, effective June 20, 2005; 2007, ch. 85, § 226, effective June 26, 2007.

Legislative Research Commission Notes.

(6/26/2007). The numbering of subsections in this section has been altered by the Reviser of Statutes from the numbering in 2007 Ky. Acts ch. 85, sec. 226, under the authority of KRS 7.136 .

196.097. Department of Corrections to update database within thirty days of receipt of information from certain levels.

The Department of Corrections shall update their own database within thirty (30) days of receipt of information. The update shall include information from the:

  1. Offender level;
  2. Institutional level; and
  3. Informational and evaluational level.

History. Enact. Acts 1986, ch. 389, § 26, effective July 15, 1986; 1992, ch. 211, § 25, effective July 14, 1992.

196.099. Photographic record of inmates.

The department shall maintain a photographic record of each inmate committed to its custody, regardless of where that inmate is housed, and shall update that record once every two (2) years. The photographic record may be taken and stored digitally.

History. Enact. Acts 2001, ch. 15, § 1, effective June 21, 2001.

196.100. Department to make rules for institutions for feeble-minded. [Repealed.]

Compiler’s Notes.

This section (216aa-35: amend. Acts 1952, ch. 50, § 29) was repealed by Acts 1962, ch. 106, Art. XI, § 8.

196.110. Department to study crime prevention methods — Encourage employment of inmates.

The department shall:

  1. Study the sources and causes of crime, delinquency, and dependency and suggest and put into effect remedial measures in the prevention and ultimate eradication of antisocial acts and conditions; and
  2. Encourage the employment of the inmates of the institutions under its control in such ways as will contribute to their physical, mental, and moral improvement and to meeting the cost of their maintenance. The department may utilize the product of inmate labor in the upkeep or maintenance of the respective institutions or for other departments of the state government, and may transfer from one (1) institution to another, or otherwise dispose of, any surplus products produced.

History. 216a-3, 216a-4: amend. Acts 1974, ch. 74, Art. V, § 24(14); 1982, ch. 344, § 7, effective July 15, 1982; 1992, ch. 211, § 26, effective July 14, 1992.

Opinions of Attorney General.

There is no more direct method of carrying out the mandate of subsection (2) of this section than by the employment of inmates at such wages as will help in the cost of their upkeep and contribute to their well-being and the payment of reasonable “going” wages paid for similar services to persons not prisoners will help achieve that mandate; accordingly, the Department of Corrections could enter into a contract with a private employer manufacturing products on prison grounds where the prisoners were paid at specified prevailing rates. OAG 81-411 .

The manufacture of products by prisoners in a private production center on the prison grounds would not constitute public works or public construction within the meaning of subsection (3) of KRS 337.010 which would entitle the prisoners to the prevailing wage pursuant to KRS 337.505 . OAG 81-411 .

Research References and Practice Aids

Cross-References.

Classification, segregation or transfer of prisoners in penal institutions, KRS 197.065 .

Criminal identification activities of justice cabinet, KRS 17.115 .

Department to make rules for working prisoners, KRS 197.110 .

196.111. Evidence-based practices to be used in treatment and intervention programs — Standards — Funding restrictions.

  1. As used in this section, “evidence-based practices” means supervision policies, procedures, treatment and intervention programs, and practices that scientific research demonstrates reduce recidivism among inmates and individuals on probation, parole, or other form of post-release supervision when implemented competently.
  2. In order to increase the effectiveness of treatment and intervention programs funded by the state and provided by the department for inmates, probationers, and parolees, the department shall require that such programs use evidence-based practices.
  3. The department shall measure the effectiveness of each treatment and intervention program and demonstrate that the program has a documented evidence base and has been evaluated for effectiveness in reducing recidivism.
  4. The department shall promulgate administrative regulations to provide, at a minimum:
    1. A process for reviewing the objective criteria for evidence-based practices established by the agency providing the program;
    2. A process for auditing the effectiveness of the program;
    3. An opportunity for programs that do not meet the criteria based on the audit results to improve performance; and
    4. A mechanism to defund any program that does not meet the criteria upon a second audit.
  5. Beginning July 1, 2012, twenty-five percent (25%) of state moneys expended on programs shall be for programs that are in accordance with evidence-based practices. Beginning July 1, 2014, fifty percent (50%) of state moneys expended on programs shall be for programs that are in accordance with evidence-based practices. Beginning July 1, 2016, and thereafter, seventy-five percent (75%) of state moneys expended on programs shall be for programs that are in accordance with evidence-based practices.
  6. By fiscal year 2016-2017, the department shall eliminate supervision policies, procedures, programs, and practices intended to reduce recidivism that scientific research demonstrates do not reduce recidivism. However, the department may utilize a new supervision policy, procedure, program, or practice if the department determines that the new supervision policy, procedure, program, or practice has the potential for qualifying as an evidence-based practice after more scientific research is conducted.

History. Enact. Acts 2011, ch. 2, § 50, effective June 8, 2011; 2012, ch. 156, § 20, effective July 12, 2012.

196.120. Department may acquire farm lands.

  1. The Department of Corrections may lease or purchase farm lands, improved or unimproved, for the employment of the inmates of the institutions under its supervision. The Department of Corrections may prescribe administrative regulations for the support and maintenance of prisoners while at work on the farm, and may construct all necessary improvements on any lands purchased under this section.
  2. Before land is leased, the lease shall first be approved by the Governor and the lease shall be limited to the term of the Governor approving it. The contract price of the lease shall be certified to the Finance and Administration Cabinet and paid as other claims against the state.

History. 216a-22: amend. Acts 1974, ch. 74, Art. II, § 9(1), Art. V, § 24(14); 1982, ch. 344, § 8, effective July 15, 1982; 1992, ch. 211, § 27, effective July 14, 1992.

Research References and Practice Aids

Cross-References.

State lands and buildings, KRS Chapter 56.

Working prisoners outside prison walls, Ky. Const., § 253; KRS 197.130 .

196.130. University to investigate lands that department wishes to acquire.

The University of Kentucky shall, at the request of the Department of Corrections, examine and report on any land which the Department of Corrections wishes to investigate with a view to purchase or lease, so that the Department of Corrections may be fully advised as to the quality and character of the soil, water supply, sanitation, and other agricultural and engineering problems. The university shall be entitled to receive its necessary expenses in connection with the investigation.

History. 216aa-34: amend. Acts 1974, ch. 74, Art. V, § 24(14); 1982, ch. 344, § 9, effective July 15, 1982; 1992, ch. 211, § 28, effective July 14, 1992.

196.135. Compliance with KRS 100.361(2) required, when.

If the state proposes to acquire, construct, alter, or lease any land or structure to be used as a penal institution or correctional facility, and the proposed use is contrary to or inconsistent with local planning regulations or local comprehensive plans, the commissioner shall comply with the requirements of KRS 100.361(2). Failure to comply shall cause any transaction respecting the acquisition, construction, alteration, or lease to become null and void.

History. Enact. Acts 1984, ch. 178, § 2, effective July 13, 1984; 1992, ch. 211, § 29, effective July 14, 1992.

NOTES TO DECISIONS

Cited in:

Edelen v. County of Nelson, 723 S.W.2d 887, 1987 Ky. App. LEXIS 431 (Ky. Ct. App. 1987).

Opinions of Attorney General.

Constitution, § 254, KRS 196.070 , and this section do not permit the Corrections Cabinet (now Department of Corrections) and the Commonwealth to contract with a private vendor to operate a community residential correctional center under KRS 439.590 , free from the supervision, administration and disciplinary control of corrections officials; neither the Constitution nor statutes of Kentucky permit such extraordinary delegation of authority. OAG 84-356 .

Under the statutes relating to the duties of the Secretary of the Corrections Cabinet (now Department of Corrections), penal institutions must be directly supervised, administered and operated by the Corrections Cabinet (now Department of Corrections); there are no statutes permitting corrections to delegate such operational function to any other agency or to private enterprise. OAG 84-356 .

196.140. Condemnation by department.

When it is necessary for the department to own real estate for its use and it is unable to acquire the property by purchase, the department may condemn the real estate for its use and purposes in the manner set forth in the Eminent Domain Act of Kentucky.

History. 216aa-33: amend. Acts 1974, ch. 74, Art. V, § 24(14); 1976, ch. 140, § 88; 1982, ch. 344, § 10, effective July 15, 1982; 1992, ch. 211, § 30, effective July 14, 1992.

Compiler’s Notes.

The Eminent Domain Act of Kentucky is compiled as KRS 416.540 to 416.680 .

196.150. Department may use money received from federal government.

The Department of Corrections may accept money from the federal government, or any of its agencies, under any grant agreement entered into by the State of Kentucky or the Department of Corrections. The money may be expended for capital outlay in accordance with the provisions of KRS 56.440 to 56.550 .

History. 216aa-25a: amend. Acts 1952, ch. 50, § 30; 1974, ch. 74, Art. V, § 24(14); 1982, ch. 344, § 11, effective July 15, 1982; 1992, ch. 211, § 31, effective July 14, 1992.

196.160. Appointment of personnel for each institution — Dress and grooming requirements — Contributions to hazardous duty retirement program — Career retention program.

  1. The commissioner shall appoint a warden, a receiver, and other necessary employees for each of the state penal and correctional institutions. The compensation of these officers and employees may include maintenance. The commissioner may require these officers and employees to wear uniforms and to adopt, amend, or rescind administrative regulations governing dress and grooming standards of these uniformed officers and employees.
  2. The department shall make the contributions required by KRS 61.592 for participation in the hazardous duty retirement program by its employees in those positions in state correctional institutions and the Kentucky Correctional Psychiatric Center with duties that regularly and routinely require face-to-face contact with inmates.
  3. For those employees included in subsection (2) of this section and those whose primary workplace is a state correctional institution or the Kentucky Correctional Psychiatric Center, the department shall institute a career retention program, including salary improvements earned through extended time in qualifying public service. Salary improvements shall be effected by increasing the base salary of each employee in the career retention program by a set monthly amount after the employee’s completion of the first two (2), four (4), six (6), eight (8), and ten (10) years of employment served after, and not prior to, July 1, 2002. The amount of the base salary increase to be awarded an employee after the employee’s completion of a qualifying amount of public service under this subsection shall be as set out in the executive branch budget for each biennium following the 2002-2004 biennium in an amount calculated to recruit and retain qualified correctional personnel. Salary increases required by this subsection shall be in addition to any other increase authorized by law.

History. 216aa-8: amend. Acts 1952, ch. 50, § 31; 1958, ch. 126, § 25; 1962, ch. 106, Art. X, § 6; 1982, ch. 344, § 12, effective July 15, 1982; 1984, ch. 401, § 1, effective July 13, 1984; 1990, ch. 460, § 2, effective July 13, 1990; 1992, ch. 211, § 32, effective July 14, 1992; 1992, ch. 445, § 3, effective July 14, 1992; 2002, ch. 219, § 1, effective July 15, 2002.

NOTES TO DECISIONS

1.Funds Not Appropriated.

Ky. Const. § 230 provided that no money shall be drawn from the State Treasury unless it was appropriated, and since the funds for the career retention program authorized in KRS 196.160 were never appropriated, they could not be drawn from the Treasury in order to create the program. It was the General Assembly alone that had the power to determine how the people’s money would be spent; therefore, as the General Assembly never appropriated funds for the implementation of KRS 196.160 , its efficacy had been eliminated, and the police union and the corrections officers’ claims under it were without merit. FOP Barkley Lodge # 60, Inc. v. Fletcher, 618 F. Supp. 2d 712, 2008 U.S. Dist. LEXIS 12645 (W.D. Ky. 2008 ).

196.165. Purchase of liability insurance for department’s health care professionals.

  1. The commissioner of the Department of Corrections may, with the approval of the Finance and Administration Cabinet, purchase liability insurance for the protection of health care professionals employed by or serving the department to protect them from liability for acts, omissions, and claims of medical and professional malpractice arising in the course and scope of their employment or service to the department.
  2. The commissioner may purchase the type and amount of liability coverage deemed appropriate to best serve the department’s interest.

History. Enact. Acts 1992, ch. 445, § 1, effective July 14, 1992.

196.167. Transfer of employees, property, and records associated with inmate education from the Kentucky Community and Technical College System to the department — Employee benefits.

  1. Effective July 1, 2010, faculty and staff of the Kentucky Community and Technical College System who:
    1. Are engaged in providing educational services and support to inmates at institutions; and
    2. Exercise the option in subsection (4) of this section;

      shall be transferred to the Department of Corrections along with the funding associated with those employees. The Personnel Cabinet shall assist the department in implementing the transfer of employees according to this section.

  2. Employees transferred pursuant to subsection (1) of this section shall retain:
    1. Their salaries and leave time balances accumulated as of the transfer date;
    2. For purposes of determining leave time accumulation, the date of initial employment with a state agency or a postsecondary educational institution, whichever is earlier; and
    3. For purposes of calculating retirement and retiree health benefits and contributions, the earlier of the date of initial participation in:
      1. A state-administered retirement system if the employee has participated or is participating in the Kentucky Employees Retirement System or the Kentucky Teachers’ Retirement System; or
      2. A defined contribution plan that meets requirements of 26 U.S.C. sec. 403(b) , for employees of the Kentucky Community and Technical College System.

        Nothing in this paragraph shall be construed to provide additional service credit for the employee prior to the transfer date other than what has been credited to the appropriate retirement system.

  3. Employees exercising their option under subsection (4) of this section may elect to be covered under KRS Chapter 18A and receive:
    1. All rights and benefits provided to other employees in the department; and
    2. Their choice of retirement benefits under:
      1. The Kentucky Teachers’ Retirement System; or
      2. Hazardous duty retirement benefits under the Kentucky Employees Retirement System with hazardous duty contributions and coverage beginning July 1, 2010. The hazardous duty retirement benefits shall be calculated in accordance with KRS 61.510 to 61.705 .
  4. Employees of the Kentucky Community and Technical College System engaged in providing educational services and support to inmates at institutions shall choose whether to remain in their present employment and be assigned to the department to continue providing these services, or become an employee of the department under the terms of this section. Employees shall make their choice on or before June 15, 2010, and shall have access to counseling prior to June 15, 2010, by representatives of the department, the Kentucky Community and Technical College System, applicable retirement systems, and the Personnel Cabinet concerning the effect that choosing employment with the department would have on the employee. If an employee does not make a choice on or before June 15, 2010, that employee shall be deemed to have chosen to exercise the option to become an employee of the department with retirement benefits described in subsection (3)(b)2. of this section.
  5. Effective July 1, 2010, all instructional supplies, equipment, funds, and records of the Kentucky Community and Technical College System associated with the provision of educational services and support to inmates at institutions shall be transferred to the department along with all financial and management oversight responsibility and liability for these programs.

History. Enact. Acts 2010, ch. 104, § 1, effective April 8, 2010.

Legislative Research Commission Notes.

(4/8/2010). 2010 Ky. Acts ch. 104, sec. 5, provides that for employees electing to be covered under KRS Chapter 18A pursuant to subsection (3)(b)2. of this section, hazardous duty contributions, coverage, and benefits shall begin July 1, 2010, and hazardous duty coverage shall continue while the employee is employed with the Department of Corrections in a position providing educational service and support to inmates.

196.170. Oath of superintendents and receivers. [Repealed.]

Compiler’s Notes.

This section (216aa-10, 216aa-15: amend. Acts 1946, ch. 27, § 17) was repealed by Acts 1962, ch. 106, Art. X, § 11.

196.171. Corrections personnel to take educational course on AIDS.

  1. The Department of Corrections shall develop an educational course on the human immunodeficiency virus infection and acquired immunodeficiency syndrome approved by the Cabinet for Health and Family Services of not more than four (4) hours for the instruction of corrections personnel who have day-to-day contact with incarcerated persons and personnel who may be expected to respond to crisis situations. The literature and training curriculum shall include information of known modes of transmission and methods of controlling and preventing these diseases with an emphasis on appropriate behavior and attitude change. The training may be part of any continuing education program.
  2. All persons referred to in subsection (1) of this section shall successfully complete the training required. Any person holding the position referred to in subsection (1) of this section shall not fill that position for more than one (1) year without successful completion of the required training. If a person does not successfully complete the required training within the time specified, he shall be suspended from further service until he successfully completes the required training.

History. Enact. Acts 1990, ch. 443, § 33, effective July 13, 1990; 1992, ch. 211, § 33, effective July 14, 1992; 1998, ch. 426, § 130, effective July 15, 1998; 2005, ch. 99, § 170, effective June 20, 2005.

Research References and Practice Aids

Northern Kentucky Law Review.

Braden, Aids: Dealing With the Plague, 19 N. Ky. L. Rev. 277 (1992).

196.173. Pregnant inmates housed in jail, penitentiary, local or state correctional or detention facility, residential center, or reentry center — Permissible and impermissible restraints.

  1. Except as provided in subsection (2) of this section, an inmate housed in a jail, penitentiary, or local or state correctional or detention facility, residential center, or reentry center who is known to be pregnant shall be restrained solely with handcuffs in front of her body unless further restraint is required to protect herself or others.
    1. Except in an extraordinary circumstance, no inmate who is known to be pregnant shall be restrained during labor, during transport to a medical facility or birthing center for delivery, or during postpartum recovery. (2) (a) Except in an extraordinary circumstance, no inmate who is known to be pregnant shall be restrained during labor, during transport to a medical facility or birthing center for delivery, or during postpartum recovery.
    2. As used in this subsection, “extraordinary circumstance” means that reasonable grounds exist to believe the inmate presents an immediate and credible:
      1. Serious threat of hurting herself, staff, or others; or
      2. Risk of escape that cannot be reasonably minimized through any method other than restraints.

HISTORY: 2018 ch. 115, § 2, effective July 14, 2018.

Legislative Research Commission Notes.

(7/14/2018). Pursuant to 2018 Ky. Acts ch. 115, sec. 12, that Act shall be known as the Women’s Dignity in the Justice System Act. This statute was created in Section 2 of that Act.

196.180. Duties of warden — Removal — Expungement of dismissed or voided disciplinary reports.

  1. The warden shall have the general management of the institution, and the inmates thereof, subject to the administrative regulations of the Department of Corrections, and he or she shall devote his or her entire time to the duties of his or her office.
  2. The warden of each institution shall be held responsible for the management of his or her institution and shall be subject to removal at any time by the commissioner.
  3. The warden of each Department of Corrections institution shall expunge inmate prison disciplinary reports that have been dismissed or otherwise ordered void, and shall further remove any reference to dismissed or voided disciplinary reports from inmate records.

History. 216aa-11, 216aa-20: amend. Acts 1952, ch. 50, § 32; 1974, ch. 74, Art. V, § 24(14); 1982, ch. 344, § 13, effective July 15, 1982; 1984, ch. 401, § 2, effective July 13, 1984; 1992, ch. 211, § 34, effective July 14, 1992; 2010, ch. 107, § 2, effective July 15, 2010.

NOTES TO DECISIONS

1.Removal.

The superintendent of a state institution need not be tried in a court established by the constitution before he can be removed from office. Willis v. Scott, 146 Ky. 547 , 142 S.W. 1012, 1912 Ky. LEXIS 88 ( Ky. 1912 ) (decided under prior law).

Opinions of Attorney General.

The state’s responsibility to furnish to indigent prisoners medical care is reasonably implied under its custodial management responsibility which is express under this section. OAG 71-361 .

Where an indigent penitentiary prisoner in the custody of a county jailer for the purpose of a hearing became ill and was hospitalized, the Department of Corrections was responsible for the payment of the medical bill. OAG 71-361 .

196.190. Duties of receiver.

The receiver shall receive all goods and supplies purchased for the institution, take charge of them, see that they correspond with the bills accompanying them, in character, quality, and quantity, and distribute them to each department of the institution as the warden directs by written order. The receiver shall open an account with each department in a book for that purpose, charging therein the cost price for all goods so received and distributed. The books shall be open at all times for inspection by the warden, the commissioner, the secretary, the Governor, a committee of the Legislature, or any person appointed by either for examination.

History. 216aa-14: amend. Acts 1982, ch. 344, § 14, effective July 15, 1982; 1992, ch. 211, § 35, effective July 14, 1992.

196.200. Qualifications of superintendent and employes in institutions. [Repealed.]

Compiler’s Notes.

This section (216aa-9: amend. Acts 1952, ch. 50, § 33) was repealed by Acts 1962, ch. 106, Art. XI, § 8.

196.210. Members of board not to recommend employees — Officers to be selected for merit.

  1. No advisory member of the board shall recommend or urge that any person shall be employed in any institution.
  2. All officers and employees of the Department of Corrections shall be selected for merit and fitness only and, with the exception of persons employed for special or temporary service, shall give all of their time to the service of the Department of Corrections.

History. 216aa-19, 216aa-20: amend. Acts 1974, ch. 74, Art. V, § 24(14); 1982, ch. 344, § 15, effective July 15, 1982; 1992, ch. 211, § 36, effective July 14, 1992.

196.220. Employees in institutions exempt from attendance as witnesses.

No officer or employee of any institution shall be required to give personal attendance as a witness in any civil suit out of the county in which the institution is situated, but his deposition shall be taken in lieu thereof.

History. 216aa-22.

196.230. Officers not to sell to institutions — Additional compensation and gifts forbidden.

  1. No officer in the department shall sell anything to any institution under the control of the Department of Corrections, or make any contract, in which he is interested, with the institution.
  2. Officers and employees shall not be entitled to receive any compensation for their services other than the salary paid them by the state.
  3. No officer or employee of the Department of Corrections or any of the institutions under its control shall accept any fee or gift for any purpose from any person who has at the time or has had a contract to do anything connected with the Department of Corrections or an institution.

History. 216aa-7, 216aa-17, 216aa-21: amend. Acts 1974, ch. 74, Art. V, § 24(14); 1982, ch. 344, § 16, effective July 15, 1982; 1992, ch. 211, § 37, effective July 14, 1992.

Research References and Practice Aids

Cross-References.

Officers receiving interest or profit on public money, penalty, KRS 522.050 .

196.240. Religious instruction and ministration for persons confined. [Repealed.]

Compiler’s Notes.

This section (419, 420) was repealed by Acts 1994, ch. 418, § 19, effective July 15, 1994.

196.245. Commissioner may permit or prohibit smoking by inmates.

The commissioner may permit or prohibit the practice of smoking by the inmates of the penal institutions, regardless of the age of the inmates, when he believes the regulation will enhance or improve the discipline of the inmates of these institutions.

History. Enact. Acts 1952, ch. 139, § 1; 1962, ch. 106, Art. X, § 7; 1980, ch. 188, § 145, effective July 15, 1980; 1982, ch. 344, § 17, effective July 15, 1982; 1992, ch. 211, § 38, effective July 14, 1992.

196.250. Charitable organizations not to solicit funds out of county without license. [Repealed.]

Compiler’s Notes.

This section (216aa-32: amend. Acts 1974, ch. 74, Art. V, § 24 (14)) was repealed by Acts 1978, ch. 155, § 165.

196.260. Department may investigate charitable institutions. [Repealed.]

Compiler’s Notes.

This section (216a-3: amend. Acts 1974, ch. 74, Art. V, § 24 (14)) was repealed by Acts 1978, ch. 155, § 165.

196.270. Centralized canteen operation — Management — Use of proceeds.

There shall be established and maintained within the Department of Corrections a centralized canteen operation which shall be incorporated and self-supporting. Each institution administered by the department and each institution which operates under a contract between the state and a private provider shall participate in the canteen operation. The directors of the canteen shall be as follows: the commissioner of the Department of Corrections, the deputy commissioner of Adult Institutions, the executive director of the Division of Administrative Services, and the wardens of all state and private correctional institutions. All profits from the canteen, including the sale of handicrafts made by inmates to the general public, shall be used exclusively for the benefit of the inmates of the department. The directors of the canteen may consolidate the assets of the existing state and private canteens for this purpose and to employ the staff and inmates necessary to efficiently manage the canteen. Assets and profits from the operation of private canteens shall be accounted for separately and utilized exclusively for the benefit of inmates in private prisons.

History. Enact. Acts 1948, ch. 170, § 1; Acts 1974, ch. 74, Art. V, § 24(14); 1978, ch. 155, § 120, effective June 17, 1978; 1982, ch. 344, § 18, effective July 15, 1982; 1984, ch. 106, § 3, effective July 13, 1984; 1990, ch. 497, § 28, effective July 13, 1990; 1992, ch. 211, § 39, effective July 14, 1992; 1994, ch. 227, § 8, effective July 15, 1994; 1998, ch. 406, § 2, effective July 15, 1998.

Opinions of Attorney General.

Money from the canteen fund may not be placed on time deposit for an extended period of time as profits from the canteen fund should be plowed back into the canteen operation for the exclusive benefit of the inmates and not be used for extraneous investments. OAG 74-279 .

196.280. Notification of release of person from penitentiary, facility for youthful offenders, regional jail, or county jail — Escape.

    1. The Department of Corrections shall provide or contract with a private entity to provide to members of the public who have made a notification request, notification of the release of an incarcerated person from a penitentiary, as defined in KRS 197.010 , facility for youthful offenders, regional jail, or county jail. The warden, jailer, or chief administrator, or a person designated by the warden, jailer, or chief administrator, of a penitentiary, facility for youthful offenders, regional jail, or county jail, shall make available to the Department of Corrections, or any private entity under contract with the Department of Corrections, the information necessary to implement this section in a timely manner and before the release of any incarcerated person from the penitentiary, facility for youthful offenders, regional jail, or county jail. The Department of Corrections or the private entity under contract with the Department of Corrections shall be responsible for retrieving the information and notifying the requester in accordance with administrative regulations promulgated by the Department of Corrections. (1) (a) The Department of Corrections shall provide or contract with a private entity to provide to members of the public who have made a notification request, notification of the release of an incarcerated person from a penitentiary, as defined in KRS 197.010 , facility for youthful offenders, regional jail, or county jail. The warden, jailer, or chief administrator, or a person designated by the warden, jailer, or chief administrator, of a penitentiary, facility for youthful offenders, regional jail, or county jail, shall make available to the Department of Corrections, or any private entity under contract with the Department of Corrections, the information necessary to implement this section in a timely manner and before the release of any incarcerated person from the penitentiary, facility for youthful offenders, regional jail, or county jail. The Department of Corrections or the private entity under contract with the Department of Corrections shall be responsible for retrieving the information and notifying the requester in accordance with administrative regulations promulgated by the Department of Corrections.
    2. If an incarcerated person escapes from any penitentiary, facility for youthful offenders, regional jail, or county jail, the warden, jailer, or chief administrator, or a person designated by the warden, jailer, or chief administrator, shall immediately provide the information necessary to implement this section.
    3. If, upon a hearing, a court releases an incarcerated person and the incarcerated person does not return to the penitentiary, facility for youthful offenders, regional jail, or county jail, the warden, jailer, or chief administrator, or a person designated by the warden, jailer, or chief administrator, shall provide the information necessary to implement this section as soon as practicable.
  1. The Department of Corrections shall promulgate administrative regulations for the implementation of this section.

History. Enact. Acts 1996, ch. 375, § 1, effective July 15, 1996; 2000, ch. 400, § 1, effective July 14, 2000; 2006, ch. 182, § 20, effective July 12, 2006.

196.285. Intensive secured substance abuse recovery program.

  1. The department shall develop an intensive secured substance abuse recovery program utilizing existing resources or by contract to house and care for persons suffering from substance abuse who have been charged with a felony offense.
  2. The program shall accept persons referred to it under KRS 533.250 and 533.251 .
  3. Persons may agree to be ordered into the program for a period of not less than ninety (90) days and not more than three hundred sixty-five (365) days. No person shall be involuntarily ordered into the program, a commitment shall not occur before the court has considered an evaluation of the defendant’s treatment needs and conducted a hearing where the defendant may appear with counsel with an opportunity to present evidence on his or her own behalf, and persons in the program may petition the court to review the program’s determination as to the length of time the person is to remain in the program or to issue an order to leave the program, which the court shall grant upon request, at any time. However, that departure shall constitute a material breach of any agreement to hold the person’s case in abeyance or of the person’s pretrial diversion agreement. The court shall revoke a defendant’s program commitment over the defendant’s objection prior to the expiration of the commitment period only pursuant to an order of the committing court issued after the court has conducted a hearing on the matter where the defendant may appear with counsel and present evidence on his or her behalf.
  4. The department shall locate the program in a secure facility with security standards comparable to those found in a minimum security correctional institution operated by the department.
  5. The program shall be capable of concurrently housing no fewer than two hundred (200) persons. The department shall have regulatory authority, when the program is at or near capacity, to prioritize admissions to the program.
  6. The program’s recovery component shall be designed to serve the committed person’s substance abuse condition, and to provide the person with the skills and training needed to prevent the person from engaging in substance abuse upon release from the program. The program shall provide each person leaving the program with an aftercare plan, which shall include a referral to a local substance abuse provider capable of providing a level of continuing substance abuse care appropriate to the released person’s needs. In designing the program, the department shall consult with and may contract with the Division of Behavioral Health.

History. Enact. Acts 2009, ch. 96, § 1, effective March 24, 2009.

Legislative Research Commission Notes.

(7/12/2012). 2012 Ky. Acts ch. 158, sec. 84, instructs the Reviser of Statutes to correct statutory references to agencies and officers affected by the reorganization of the Cabinet for Health and Family Services in that Act. Accordingly, in subsection (6) of this statute, “Division of Mental Health and Substance Abuse Services” has been changed to “Division of Behavioral Health.”

196.286. Measurement and documentation of cost savings from 2011 Ky. Acts ch. 2, secs. 5 to 22 — Average cost of incarceration — Savings to benefit treatment programs — Budget requests and enactments.

  1. The department shall measure and document cost savings resulting from amendments to or creation of statutes in KRS Chapter 218A contained in 2011 Ky. Acts ch. 2, secs. 5 to 22. Measured and documented savings shall be reinvested or distributed as provided in this section.
  2. The Department of Corrections shall establish a baseline for measurement using the average number of inmates incarcerated at each type of penitentiary as defined in KRS 197.010 and at local jails in fiscal year 2010-2011.
  3. The department shall determine the average cost of incarceration for each type of penitentiary as defined in KRS 197.010 and for local jails, including health care costs, transportation costs, and other related costs, for one (1) inmate for one (1) year for the immediately preceding fiscal year.
  4. Beginning with the budget request for the 2012-2014 fiscal biennium, savings shall be estimated using the baseline established in subsection (2) of this section to determine the estimated average reduction of inmates due to the implementation of amendments to or creation of statutes in KRS Chapter 218A contained in 2011 Ky. Acts ch. 2, secs. 5 to 22 and multiplied by the appropriate average cost determined in subsection (3) of this section.
  5. The estimated amount of savings shall be used solely for expanding and enhancing treatment programs that employ evidence-based or promising practices designed to reduce the likelihood of future criminal behavior, which shall include treatment programs at existing facilities as outlined in KRS 196.287 .
  6. The amount of savings shall be estimated each year of the 2012-2014 fiscal biennium, and for each year of each fiscal biennium thereafter, as specified in subsection (4) of this section.
  7. In submitting its budget request for the 2012-2014 fiscal biennium and each fiscal biennium thereafter, the department shall estimate the amount of savings measured under this section, and shall request the amount necessary to distribute or allocate those savings as provided in subsection (5) of this section.
  8. In enacting the budget for the department, beginning in the 2012-2014 fiscal biennium and each fiscal biennium thereafter, the General Assembly shall determine the estimated amount necessary for reinvestment in programs and initiatives as provided by subsection (5) of this section, based upon projected savings as measured by this section, and shall ensure that appropriations to the department are sufficient to meet the funding requirements of this section.

History. Enact. Acts 2011, ch. 2, § 23, effective June 8, 2011.

196.287. Portion of savings identified in KRS 196.286 to be used to expand treatment programs in existing state penal institutions.

The department shall use a portion of the savings identified in KRS 196.286 to expand treatment programs at its existing state penal institutions, including the expansion or creation of treatment programs at facilities that are currently being underutilized if those facilities are appropriate locations for treatment programs or could be modified easily to accommodate treatment programs.

History. Enact. Acts 2011, ch. 2, § 24, effective June 8, 2011.

196.288. Measurement and documentation of cost savings resulting from 2011 Ky. Acts ch. 2 — Reinvestment or distribution of savings — Determination of average cost of services — Budget allocations.

  1. The department shall measure and document cost savings resulting from amendments to or creation of statutes in KRS Chapters 27A, 196, 197, 431, 439, 532, 533, and 534 contained in 2011 Ky. Acts ch. 2. Measured and documented savings shall be reinvested or distributed as provided in this section.
  2. The department shall establish a baseline for measurement using the average number of inmates incarcerated at each type of penitentiary as defined in KRS 197.010 and at local jails in fiscal year 2010-2011.
  3. The department shall determine the average cost of:
    1. Incarceration for each type of penitentiary as defined in KRS 197.010 and for local jails, including health care costs, transportation costs, and other related costs, for one (1) inmate for one (1) year for the immediately preceding fiscal year;
    2. Providing probation and parole services for one (1) parolee for one (1) year for the immediately preceding fiscal year; and
    3. Reentry services and peer support as a condition of parole for those with opiate addiction and other substance abuse disorders.
  4. Beginning with the budget request for the 2012-2014 fiscal biennium, savings shall be estimated from the baseline established in subsection (2) of this section as follows:
    1. The estimated average reduction of inmates due to mandatory reentry supervision as required by KRS 439.340 6 multiplied by the appropriate average cost as determined in subsection (3)(a) of this section;
    2. The estimated average reduction of inmates due to accelerated parole hearings as required by KRS 439.340 multiplied by the appropriate average cost as determined in subsection (3)(a) of this section;
    3. The estimated average increase of parolees due to paragraphs (a) and (b) of this subsection multiplied by the average cost as determined in subsection (3)(b) of this section; and
    4. The estimated average reduction of parolees due to parole credit for good behavior as provided in KRS 439.345 multiplied by the average cost as determined in subsection (3)(b) of this section.
  5. The following amounts shall be allocated or distributed from the estimated amount of savings that would otherwise remain in the general fund:
    1. Twenty-five percent (25%) shall be distributed to the local corrections assistance fund established by KRS 441.207 ;
    2. Fifty percent (50%) shall be distributed for the following purposes:
      1. To the department to provide or to contract for the provision of substance abuse treatment in county jails, regional jails, or other local detention centers that employ evidence-based practices in behavioral health treatment or medically assisted treatment for nonstate inmates with opiate addiction or other substance abuse disorders;
      2. For KY-ASAP programs operating under KRS Chapter 15A in county jails or in facilities under the supervision of county jails that employ evidence-based behavioral health treatment or medically assisted treatment for inmates with opiate addiction or other substance abuse disorders;
      3. To KY-ASAP to provide supplemental grant funding to community mental health centers for the purpose of offering additional substance abuse treatment resources through programs that employ evidence-based behavioral health treatment or medically assisted treatment;
      4. To KY-ASAP to address neonatal abstinence syndrome by providing supplemental grant funding to community substance abuse treatment providers to offer residential treatment services to pregnant women through programs that employ evidence-based behavioral health treatment or medically assisted treatment;
      5. To provide supplemental funding for traditional KY-ASAP substance abuse programming under KRS Chapter 15A;
      6. To the department for the purchase of FDA-approved medication-assisted treatment products as a component of evidence-based treatment for inmates with opioid dependence, opioid use disorder, or other substance abuse disorders, for use in substance abuse treatment programs operated or supervised by the department. In purchasing such FDA-approved products, the department shall consider products and treatments that may minimize the risk of diversion;
      7. To the Department of Public Advocacy to provide supplemental funding to the Social Worker Program for the purpose of creating additional social worker positions to develop individualized alternative sentencing plans; and
      8. To the Prosecutors Advisory Council to enhance the use of rocket docket prosecutions in controlled substance cases; and
    3. In enacting the budget for the department and the judicial branch, beginning in the 2012-2014 fiscal biennium and each fiscal biennium thereafter, the General Assembly shall:
      1. Determine the estimated amount necessary for reinvestment in:
        1. Expanded treatment programs and expanded probation and parole services provided by or through the department; and
        2. Additional pretrial services and drug court case specialists provided by or through the Administrative Office of the Courts; and
      2. Shall allocate and appropriate sufficient amounts to fully fund these reinvestment programs.
  6. The amount of savings shall be estimated each year of the 2012-2014 fiscal biennium, and for each year of each fiscal biennium thereafter, as specified in subsection (4) of this section.
    1. In submitting its budget request for the 2012-2014 fiscal biennium and each fiscal biennium thereafter, the department shall estimate the amount of savings measured under this section and shall request the amount necessary to distribute or allocate those savings as provided in subsection (5) of this section. (7) (a) In submitting its budget request for the 2012-2014 fiscal biennium and each fiscal biennium thereafter, the department shall estimate the amount of savings measured under this section and shall request the amount necessary to distribute or allocate those savings as provided in subsection (5) of this section.
    2. In submitting its budget request for the 2012-2014 fiscal biennium and each fiscal biennium thereafter, the judicial branch shall request the amount necessary to distribute or allocate those savings as provided in subsection (5) of this section.

History. Enact. Acts 2011, ch. 2, § 68, effective June 8, 2011; 2015 ch. 66, § 3, effective March 25, 2015; 2017 ch. 167, § 14, effective June 29, 2017; 2018 ch. 61, § 2, effective April 2, 2018.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, H, 5, d, (1) at 891.

Kentucky Law Journal.

Article: Pretrial Detention in Kentucky: An Analysis of the Impact of House Bill 463 During the First Two Years of Its Implementation, 102 Ky. L.J. 777.

Division of Hospitals and Mental Hygiene

196.350. Functions of the Division of Hospitals and Mental Hygiene. [Repealed.]

Compiler’s Notes.

This section (263b-2) was repealed by Acts 1952, ch. 50, § 34.

196.360. Director — Appointment — Duties. [Repealed.]

Compiler’s Notes.

This section (263b-4, 263b-6) was repealed by Acts 1952, ch. 50, § 34.

196.370. Appointment of assistant director and superintendents. [Repealed.]

Compiler’s Notes.

This section (263b-6) was repealed by Acts 1952, ch. 50, § 34.

196.380. Duties of superintendents. [Repealed.]

Compiler’s Notes.

This section (263b-8) was repealed by Acts 1952, ch. 50, § 34.

196.390. Removal of officers and employees. [Repealed.]

Compiler’s Notes.

This section (263b-7) was repealed by Acts 1952, ch. 50, § 34.

196.400. Transfer of personnel. [Repealed.]

Compiler’s Notes.

This section (263b-13) was repealed by Acts 1952, ch. 50, § 34.

196.410. Political activities prohibited. [Repealed.]

Compiler’s Notes.

This section (263b-15) was repealed by Acts 1952, ch. 50, § 34.

196.420. Duties of field liaison officer — Use of other employees. [Repealed.]

Compiler’s Notes.

This section (263b-11) was repealed by Acts 1952, ch. 50, § 34.

196.430. Qualifications of officers and employes. [Repealed.]

Compiler’s Notes.

This section (263b-9) was repealed by Acts 1952, ch. 50, § 34.

196.440. Minimum salary of certain officers and employees. [Repealed.]

Compiler’s Notes.

This section (263b-10) was repealed by Acts 1950, ch. 123, § 29 and Acts 1952, ch. 50, § 34.

196.450. Inspection of institutions. [Repealed.]

Compiler’s Notes.

This section (263b-14) was repealed by Acts 1952, ch. 50, § 34.

Farm Management

196.460. Bureau of corrections — Commissioner — Appointment — Qualifications. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956 (1st Ex. Sess.), ch. 7, Art. VI, § 1; 1974, ch. 74, Art. V, § 24(19), (20)) was repealed by Acts 1978, ch. 155, § 165.

196.470. Functions of division. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956 (1st Ex. Sess.), ch. 7, Art. VI, § 2) was repealed by Acts 1978, ch. 155, § 165.

196.480. Advisory Board of Farm Management. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956 (1st Ex. Sess.), ch. 7, Art. VI, § 3) was repealed by Acts 1962, ch. 106, Art. X, § 11.

196.490. Funds for administering KRS 196.460 to 196.490. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956 (1st Ex. Sess.), ch. 7, Art. VI, § 4; 1974, ch. 74, Art. V, § 24(19)) was repealed by Acts 1978, ch. 155, § 165, effective June 17, 1978.

Division of Mental Retardation

196.510. Division of Mental Retardation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 68, Art. VI, § 1) was repealed by Acts 1962, ch. 106, Art. XI, § 8.

196.520. Functions of division. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 68, Art. VI, § 2) was repealed by Acts 1962, ch. 106, Art. XI, § 8.

196.530. Power to enter into cooperative agreements. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 68, Art. VI, § 3) was repealed by Acts 1962, ch. 106, Art. XI, § 8.

196.540. Duties of division. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 68, Art. VI, § 4) was repealed by Acts 1962, ch. 106, Art. XI, § 8.

196.550. Mental Retardation Board. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 68, Art. VI, § 5) was repealed by Acts 1962, ch. 106, Art. XI, § 8.

Interstate Corrections Compact

196.610. Interstate Corrections Compact.

The Interstate Corrections Compact is hereby enacted into law and entered into by this state with any other states legally joining therein in the form substantially as follows:

History. Enact. Acts 1970, ch. 154, § 3; 1988, ch. 283, § 4, effective July 15, 1988; 2012, ch. 146, § 25, effective July 12, 2012.

INTERSTATE CORRECTIONS COMPACT

ARTICLE I Purpose and Policy

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditure and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.

ARTICLE II Definitions

As used in this compact, unless the context clearly requires otherwise:

  1. “State” means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.
  2. “Sending state” means a state party to this compact in which conviction or court commitment was had.
  3. “Receiving state” means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.
  4. “Inmate” means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.
  5. “Institution” means any penal or correctional facility, including but not limited to a facility for the mentally ill or individuals with an intellectual disability, in which inmates as defined in (d) above may lawfully be confined.

ARTICLE III Contracts

  1. Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:
    1. Its duration.
    2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.
    3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.
    4. Delivery and retaking of inmates.
    5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.
  2. The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

ARTICLE IV Procedures and Rights

  1. Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.
  2. The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.
  3. Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.
  4. Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.
  5. All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.
  6. Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.
  7. Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.
  8. Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state.
  9. The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

ARTICLE V Acts Not Reviewable in Receiving State: Extradition

  1. Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.
  2. An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

ARTICLE VI Federal Aid

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provisions, provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.

ARTICLE VII Entry Into Force

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into the law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.

ARTICLE VIII Withdrawal and Termination

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

ARTICLE IX Other Arrangements Unaffected

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangements which a party state may have with a non-party state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

ARTICLE X Construction and Severability

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

NOTES TO DECISIONS

1.Transfer of Prisoners.

The transfer of a prisoner pursuant to the Interstate Corrections Compact did not increase or make his punishment more onerous any more than would a transfer to a new institution that did not exist when he was convicted and did not violate any constitutional protection he may have had as of the time the offense was committed and before the effective date of the act. Nolan v. Cowan, 501 S.W.2d 586, 1973 Ky. LEXIS 138 ( Ky. 1973 ).

2.Application of Prison Rules and Regulations.

Inmate transferred from a Virginia correctional facility to a Kentucky correctional facility was not entitled to have Virginia’s prison disciplinary rules and regulations applied while incarcerated in the Kentucky facility under the Interstate Corrections Compact (ICC) because both the implementing transfer contract and art. IV(e) of the ICC indicated that the prison rules and regulations of the receiving state, Kentucky, applied and requiring receiving states to learn the policies and procedures of each sending state would have thwarted the ICC’s purpose of developing a cooperative prison program. Vigue v. Underwood, 139 S.W.3d 168, 2004 Ky. App. LEXIS 24 (Ky. Ct. App. 2004).

3.Contracts.

Circuit Court erroneously ordered the Commonwealth to compensate an inmate for work the inmate performed while incarcerated in a Florida penitentiary under the Interstate Corrections Compact, KRS 196.610 ; the Circuit Court ignored Article III(a)(3) of KRS 196.610 , and Section 14 of the contract between Kentucky and the State of Florida, which led to an erroneous interpretation of the statute. Commonwealth v. Crum, 250 S.W.3d 347, 2008 Ky. App. LEXIS 90 (Ky. Ct. App. 2008).

Cited in:

Ault v. Holmes, 369 F. Supp. 288, 1973 U.S. Dist. LEXIS 12226 (W.D. Ky. 1973 ), aff’d in part, vacated in part, 506 F.2d 288, 1974 U.S. App. LEXIS 6042 (6th Cir. Ky. 1974 ).

Opinions of Attorney General.

The Department of Corrections may enter into a contract with the federal bureau of prisons to permit the confinement of a person under sentence of confinement, issued by the Jefferson Circuit Court, within the institutions of the Federal Bureau of Prisons under the provisions of the Interstate Corrections Compact (this section). OAG 71-328 .

The Interstate Corrections Compact (this section) does meet the constitutional requirements of Const., § 253, “within the walls of the penitentiary.” OAG 71-328 .

County would be banned under Ky. Const., § 162 from paying any claim under an agreement or contract for a project involving the leasing of a detention facility (prison) used to house prisoners from outside as well as within the state, as there is no express authority of law for a county’s entry into such endeavor. OAG 90-115 .

Long-term housing of prisoners of the state of Kentucky is a function constitutionally mandated to the state, and the role sought to be assumed by a county in housing not only state prisoners, but prisoners of jurisdictions outside Kentucky, is not provided for by statute and is not a function necessary for operation of the county; accordingly, the county may not lawfully lease and operate a 336-bed detention center or prison for such purpose; such action is not necessary for operation of the county and handling the types of prisoners envisioned under this project is “otherwise provided for” by statute and the Kentucky Constitution. OAG 90-115 .

196.620. Commissioner’s powers as to compact.

  1. The commissioner of the Department of Corrections is hereby authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and he may in his discretion delegate this authority.
  2. KRS 196.610 may be cited as the Interstate Corrections Compact.

History. Enact. Acts 1970, ch. 154, §§ 2, 4; 1982, ch. 344, § 19, effective July 15, 1982; 1992, ch. 211, § 40, effective July 14, 1992.

Community Corrections Programs

196.700. Definitions for KRS 196.700 to 196.735.

As used in KRS 196.700 to 196.735 , unless the context otherwise requires:

  1. “Commission” means the Kentucky State Corrections Commission created in KRS 196.701 ;
  2. “Community corrections program” means a local government agency, private nonprofit, or charitable organization within the judicial circuit which shall perform one (1) or more of the following:
    1. Prepare community penalties plans;
    2. Directly provide, arrange, or contract with public and private agencies for sentencing services for offenders; and
    3. Monitor the progress of offenders placed on community penalty plans or who receive sentencing services through provisions of KRS 196.700 to 196.735 ;
  3. “Community corrections programs plan” means a written plan for the development, implementation, operation, and improvement of a community corrections program;
  4. “Community penalties plan” means a plan presented in writing to the sentencing judge which provides a detailed description of and rationale for the targeted offender’s proposed sentence to a community corrections program or to one (1) or more special programs, conditions of probation, community punishments, or sanctions in lieu of lengthy incarceration;
  5. “Conditions of supervision” means conditions of probation, parole, mandatory reentry supervision, or other form of post-prison supervision;
  6. “Judicial circuit” means the circuits prescribed by KRS 23A.020 ;
  7. “Supervised individual” means an individual placed on probation by a court or serving a period of parole or other form of post-release supervision; and
  8. “Targeted offenders” means persons charged with or convicted of one (1) or more felonies who under application of law are eligible for probation or suspension of sentence.

History. Enact. Acts 1992, ch. 255, § 2, effective July 14, 1992; 2003, ch. 71, § 7, effective June 24, 2003; 2011, ch. 2, § 70, effective June 8, 2011.

196.701. Kentucky State Corrections Commission — Membership.

  1. To develop and implement a statewide strategic plan for the state and community corrections programs, the Kentucky State Corrections Commission is created and is attached to the Office of the Secretary of the Justice and Public Safety Cabinet. The commission shall consist of twenty-three (23) members as follows:
    1. The secretary of the Justice and Public Safety Cabinet or his or her designee in writing;
    2. The commissioner of the Department of Corrections or his or her designee in writing;
    3. The deputy commissioner of the Office of Community Services and Facilities;
    4. The deputy commissioner of the Office of Adult Institutions;
    5. The director of the Division of Parole and Victim Services or his or her designee in writing;
    6. The executive director of the Office of Legislative and Intergovernmental Services of the Justice and Public Safety Cabinet or his or her designee in writing;
    7. Two (2) Circuit Court Judges appointed by the Chief Justice;
    8. A county judge/executive appointed by the Governor;
    9. A county jailer appointed by the Governor;
    10. A Commonwealth’s attorney appointed by the Governor;
    11. A practicing attorney appointed by the Governor;
    12. A victim, as that term is defined in KRS 49.280 , appointed by the Governor;
    13. Four (4) service providers from the field of mental health, substance abuse treatment, or vocational and educational training, appointed by the Governor;
    14. A public member who is qualified to express the views of organized labor, appointed by the Governor;
    15. A public member who is qualified to express the views of business and industry, appointed by the Governor;
    16. The public advocate or his or her designee in writing; and
    17. Three (3) at-large members appointed by the Governor.
  2. The terms of those members appointed by the appointing authority shall be three (3) years. These members shall serve at the pleasure of the appointing authority and shall be eligible for reappointment. The appointed members may be removed for cause. All others serve during their terms of office. If there is a vacancy, the appointing authority shall immediately make an appointment effective for the unexpired term.
  3. The chairperson of the commission shall be the secretary of justice and public safety. The commissioner of the Department of Corrections shall serve as the vice chairperson who shall preside and exercise the functions of the chairperson during absence or disability of the chairperson.
  4. Regular meetings of the commission shall be held at least once every four (4) months at a place, day, and hour determined by the commission. Special meetings shall be held when needed as determined by the chairperson. If five (5) or more members of the commission request in writing that the chairperson call a special meeting, then the chairperson shall call a special meeting.
  5. Members of the commission shall receive reimbursement for necessary expenses for attendance at official commission meetings or public hearings. The administrative functions of the commission shall be performed by a full-time employee of the department who is selected by the commissioner. All public members of the commission shall, in addition to expenses, receive twenty-five dollars ($25) per day for attending each meeting.

HISTORY: Repealed, reenact. and amend., Acts 2003, ch. 71, § 1, effective June 24, 2003; 2007, ch. 85, § 227, effective June 26, 2007; 2013, ch. 72, § 2, effective June 25, 2013; 2017 ch. 74, § 93, effective June 29, 2017.

Compiler’s Notes.

This section was formerly compiled as KRS 196.081 .

196.702. Functions of the commission.

The commission shall:

  1. Develop a statewide strategic plan for the development and implementation of goals and objectives, target populations, and program criteria for community corrections programs;
  2. Conduct, in collaboration with community corrections boards, a statewide assessment of community corrections programs;
  3. Award all grant moneys to community corrections programs;
  4. Review community correction program plans and their implementation to ensure compliance with the statewide strategic plan, including the following goals:
    1. Effectiveness of community corrections programs in maintaining public safety;
    2. Reduction of local commitments to the department;
    3. Reduction in the rate of recidivism; and
    4. Reduction in revocations of probation and parole;
  5. Provide technical assistance, support, and training to local boards;
  6. Submit an annual report no later than September 1 of each year to the commissioner, the Governor, and the General Assembly which includes at least the following information:
    1. The status of the implementation of the statewide strategic plan;
    2. The effectiveness of community corrections programs in achieving the goals outlined in subsection (4) of this section; and
    3. An accounting of the distribution of grants and other funds;
  7. Administer the provisions of KRS 196.700 to 196.735 ;
  8. Advise the Governor and the commissioner concerning correctional policy and programs, including particularly the following:
    1. The need for, and the development of, new or specialized institutions, facilities, or programs;
    2. The need for, and the effectuation of, collaboration and liaison within the department, and between the department and community agencies and resources, including the bench and bar, in order to promote the readjustment and rehabilitation of offenders in institutions or under parole or probation supervision in the community; and
    3. The need for, and the development of, useful research in penology, correctional treatment, criminal law, or in the disciplines relevant thereto; and
  9. Establish a Parole Board Nominating Committee which shall:
    1. Include five (5) ex officio members of the commission:
      1. The secretary of the Justice and Public Safety Cabinet, who shall serve as chairperson of the committee;
      2. The commissioner of the Department of Corrections, who shall serve as the vice chairperson of the committee;
      3. The director of the Division of Parole and Victim Services;
      4. The deputy commissioner of the Office of Adult Institutions; and
      5. The deputy commissioner of the Office of Community Services and Facilities;
    2. Include ten (10) other members of the commission:
      1. Two (2) Circuit Judges;
      2. Two (2) service providers with backgrounds in mental health or education;
      3. A person representing the views of business and industry;
      4. A person representing the views of organized labor;
      5. A practicing attorney; and
      6. Three (3) at-large members;
    3. Publicize vacancies and impending term expirations on the Parole Board in accordance with standards set forth in KRS 424.180 ;
    4. Submit the names of three (3) candidates to the commission for every vacancy or expired term on the Parole Board;
    5. Forward a statement of qualifications of each nominee to the commission along with the nomination. This statement shall identify the experience which meets the qualifications for Parole Board membership outlined in KRS 439.320(1); and
    6. Maintain the statement of qualifications as a public record in accordance with KRS 61.870 to 61.884 .

History. Enact. Acts 2003, ch. 71, § 2, effective June 24, 2003; 2007, ch. 85, § 228, effective June 26, 2007; 2013, ch. 72, § 3, effective June 25, 2013.

196.703. Inspection powers of commission.

The commission or one (1) or more of its members may visit and inspect any state penal institution and may inform and advise the commissioner of the Department of Corrections in regard to the institution’s physical or other condition, its discipline, management, and program, and its general adequacy or inadequacy. The commission or a majority of its members shall have full access to the grounds and buildings and to the books and records belonging or relating to the institution, as well as the right to subpoena witnesses, take proof, or hear testimony under oath relating to the institution.

History. Enact. Acts 2007, ch. 85, § 229, effective June 26, 2007.

196.704. Commission’s duties relating to Prison Industry Enhancement Certification Program.

For a Prison Industry Enhancement Certification Program (PIECP) administered pursuant to KRS 197.105 , the Kentucky State Corrections Commission shall:

  1. Develop a statewide strategic plan for the development and implementation of goals, objectives, and criteria for Prison Industry Enhancement Certification Programs (PIECPs);
  2. Conduct a statewide assessment of business opportunities for the Kentucky Correctional Industries operating locations and private business opportunities;
  3. Conduct an assessment of any private business that applies to partner with PIECPs;
  4. Review any information provided to the commission by companies, organized labor, the Department of Corrections, or any agency of state government in regard to:
    1. Potential job displacements relating to PIECPs;
    2. Appropriate leased-labor pay rates for proposed business participants;
    3. Opportunities to partner with businesses;
    4. Reduction in the rate of recidivism; and
    5. Business plans presented to the commission;
  5. Provide technical assistance and support to potential partners;
  6. Submit an annual report no later than September 1 of each year to the commissioner, the Governor, and the General Assembly, which shall include at least the following information:
    1. The status of the implementation of the statewide strategic plan;
    2. The effectiveness of the commission in achieving the goals outlined in this section; and
    3. An accounting of the distribution of profits and losses for the fiscal year;
  7. Advise the Governor and the commissioner concerning PIECPs’ policies and programs, including particularly the following:
    1. The need for, and the development of, new or specialized facilities or programs;
    2. The need for, and the effectuation of, collaboration and liaison within the department and between the department and community agencies and resources, including the bench and bar, in order to promote the readjustment and rehabilitation of offenders in institutions; and
    3. The need for, and the development of, useful research in development of PIECPs; and
  8. Promulgate administrative regulations in accordance with KRS Chapter 13A for businesses and the operating procedures of the Kentucky State Corrections Commission, and the procedures for addressing the handling of injury to inmates participating in the PIECPs, such as workers’ compensation insurance or another program.

HISTORY: 2017 ch. 158, § 28, effective June 29, 2017.

196.705. Administration of programs by Kentucky State Corrections Commission — Purposes of programs.

The purposes of the commission and community corrections programs shall be to:

  1. Provide the judicial system with sentences to be used in lieu of incarceration;
  2. Develop community-based sentencing alternatives to incarceration for certain individuals convicted of a felony;
  3. Monitor and enforce the payment of restitution to victims of crime and the community through financial reimbursement, community service, or both;
  4. Stimulate local involvement in community corrections programs to assure that they are specifically designed to meet the needs of the sentencing court and the community; and
  5. Reduce expenditures of state funds by increasing community-based sentencing, reducing the rate of recidivism, and reducing revocations of probation and parole.

History. Enact. Acts 1992, ch. 255, § 1, effective July 14, 1992; 1994, ch. 227, § 9, effective July 15, 1994; 2003, ch. 71, § 3, effective June 24, 2003.

196.710. Awarding of grants — Criteria.

  1. The commission shall award grants to community corrections programs in accordance with the policies established by KRS 196.700 to 196.735 and in accordance with any laws enacted or promulgated for that purpose, including any branch budget bill and appropriation provisions.
  2. Grants shall be awarded to community corrections programs whose community corrections program plans meet the requirements set forth in KRS 196.720 and which, in the commission’s judgment, promise to meet the goals set forth in KRS 196.700 to 196.735 . Grants shall be awarded to encourage a range of services in each judicial circuit.
  3. Grants may be awarded only to community corrections programs which have established community corrections boards as provided in KRS 196.725 unless the commission determines that the community corrections program is governed by a board which will serve the same functions as described in KRS 196.700 to 196.735 , and that establishment of a new or additional board as described in KRS 196.725 would impose an administrative burden upon or pose a conflict of interest for the program.
  4. Grants shall not be awarded to programs that have failed to accomplish the goals set forth in KRS 196.702(4) and that show no promise of doing so in the future, as determined pursuant to KRS 196.735 .
  5. Preference in funding may be given to judicial circuits in which programs and services do not exist or are largely inadequate.

History. Enact. Acts 1992, ch. 255, § 3, effective July 14, 1992; 1994, ch. 387, § 28, effective July 15, 1994; 2003, ch. 71, § 4, effective June 24, 2003.

196.715. Services for targeted offenders — Assessment of victims’ needs.

  1. A community corrections program shall be responsible for providing services for targeted offenders which shall include one (1) or more of the following:
    1. Preparing detailed community penalty plans for presentation to the prosecution, the sentencing judge, and by the offender’s attorney.
    2. Providing treatment, punishment, management, supervision, rehabilitation, mentoring, employment, and other services to targeted offenders, or contracting or arranging with public or private agencies for services for targeted offenders, as described in the community corrections plan.
    3. Monitoring the progress of offenders under community penalty plans.
  2. A community corrections program shall be responsible for assessing the needs of victims for restitution or other types of assistance resulting from the crime, and for tailoring community-based sanctions for the offender which correspond to the needs of the victim and the community.

History. Enact. Acts 1992, ch. 255, § 4, effective July 14, 1992.

196.720. Plan requirements.

Community corrections programs applying for grants under KRS 196.700 to 196.735 shall prepare a community corrections program plan for the judicial circuit, as prescribed by the commission. More than one (1) community corrections program plan may be prepared, submitted, and approved for any one (1) judicial circuit. The plan shall include:

  1. Objectives of the community corrections program described in the community corrections program plan.
  2. Realistic goals for reduction of offenders committed to prison for each county within the judicial circuit, and a system of monitoring the number of commitments to prison.
  3. Procedures for identifying targeted offenders, and a plan for referral of targeted offenders to the community corrections program.
  4. Procedures for preparing and presenting community penalty plans to the court, when applicable.
  5. Procedures for obtaining services from existing public or private agencies, and a detailed budget for staff, contracted services, and all other costs.
  6. Procedures for monitoring the progress of offenders on community penalty plans and for cooperating with the probation personnel who have supervisory responsibility for the offender, when applicable.
  7. Procedures for returning offenders who do not comply with their community penalty plan to court for action by the court.
  8. Procedures for evaluating the program’s effect on numbers of prison commitments and revocations of probation and parole.

History. Enact. Acts 1992, ch. 255, § 5, effective July 14, 1992; 2003, ch. 71, § 5, effective June 24, 2003.

196.725. Community corrections boards — Membership — Meetings — Duties.

Each community corrections program shall establish a community corrections board to provide direction and assistance to the community corrections program in the design, implementation and evaluation of the community corrections program plan. Community corrections boards shall be organized as nonprofit corporations under KRS Chapter 273. The community corrections board shall consist of not less than eight (8) members, and shall include, insofar as possible, judges, Commonwealth’s attorneys, defense attorneys, crime victims or survivors, community leaders, social workers, law-enforcement officers, probation officers, and other interested persons. Members of the board shall receive no compensation for their duties as board members. The board shall be subject to the open meetings law and the open records law as provided for in KRS Chapter 61. The community corrections board shall meet on a regular basis, and its duties shall include, but are not limited to, the following:

  1. Development and recommendation of an annual budget for the community corrections program;
  2. Selection of new or additional board members;
  3. Arranging for a private and independent annual audit; and
  4. Development of procedures for contracting for services.

History. Enact. Acts 1992, ch. 255, § 6, effective July 14, 1992.

196.730. Restriction on use of funds.

Funds provided for use under the provisions of KRS 196.700 to 196.735 shall not be used for the operating costs, construction, or any other costs associated with local jail confinement.

History. Enact. Acts 1992, ch. 255, § 7, effective July 14, 1992.

196.731. Pilot projects to grant performance incentive funding to community corrections programs — Annual calculations of cost savings of state funds.

  1. The commission may:
    1. Approve up to five (5) pilot projects to grant performance incentive funding to community corrections programs in judicial circuits with high rates of targeted offenders who are ordered to serve a term of imprisonment; and
    2. Approve up to five (5) pilot projects to grant performance incentive funding to community corrections programs in judicial circuits with high rates of supervised individuals who are revoked for violations of their conditions of supervision and ordered to serve a term of imprisonment.
  2. Upon development of an approved pilot project described in subsection (1)(a) of this section, the commission shall annually calculate:
    1. The percentage of targeted offenders in the judicial circuit for that pilot project who are convicted of a felony offense and sentenced to a term of imprisonment. This calculation shall be based on the fiscal year prior to the fiscal year in which the report is required pursuant to KRS 196.736 . The baseline shall be the percentage of targeted offenders convicted and imprisoned for that judicial circuit in the fiscal year prior to the implementation of the pilot project; and
    2. Any state expenditures that have been avoided by reductions in the baseline percentage as calculated in paragraph (a) of this subsection.
  3. Upon development of an approved pilot project described in subsection (1)(b) of this section, the commission shall annually calculate:
    1. The percentage of supervised individuals in the judicial circuit for that pilot project who are revoked for violations of their conditions of supervision and ordered to serve a term of imprisonment. This calculation shall be based on the fiscal year prior to the fiscal year in which the report is required pursuant to KRS 196.736 . The baseline revocation percentage shall be the percentage of revocations for that judicial circuit in the fiscal year prior to the implementation of the pilot project; and
    2. Any state expenditures that have been avoided by reductions in the revocation percentage as calculated in paragraph (a) of this subsection.

History. Enact. Acts 2011, ch. 2, § 71, effective June 8, 2011.

196.732. Community corrections funds — Deposit of state funds saved via pilot projects — Purposes of appropriated funds.

  1. Beginning in the fiscal year after a pilot project has been implemented pursuant to KRS 196.731 , fifty percent (50%) of any state expenditures that are avoided as calculated in KRS 196.731 shall be deposited by the department in the community corrections fund, which shall be a separate, interest-bearing account within the State Treasury. The remaining fifty percent (50%) shall be deposited in the general fund. Amounts deposited in the community corrections fund, including interest, are hereby appropriated to the commission for the following purposes:
    1. Fifty percent (50%) to the community corrections program responsible for those savings; and
    2. Fifty percent (50%) to the Division of Probation and Parole.
  2. Notwithstanding KRS 45.229 , any moneys remaining in the community corrections fund at the close of the fiscal year shall not lapse but shall carry forward into the next fiscal year to be used for the purposes outlined in this subsection.
  3. None of the calculated savings shall be appropriated to the commission for distribution if:
    1. In a pilot project developed pursuant to KRS 196.731(1)(a), there is an increase in the percentage of targeted offenders on probation who are convicted of a new felony offense and sentenced to a term of imprisonment; or
    2. In a pilot project developed pursuant to KRS 196.731(1)(b), there is an increase in the percentage of supervised individuals who are convicted of a new felony offense.
  4. The moneys appropriated pursuant to this section shall be used to supplement, not supplant, any other state or county appropriations for probation, parole or other post-prison supervision services, or community corrections programs.
  5. Moneys received through appropriations pursuant to this section and KRS 196.731 shall be used for the following purposes:
    1. Implementing evidence-based practices;
    2. Creating, increasing, or improving the availability of risk reduction and treatment programs and interventions, including substance abuse treatment programs, for supervised individuals;
    3. Paying the costs of global positioning monitoring system for offenders of at least medium risk; and
    4. Increasing the number of probation and parole staff, including equipment and office space the officers and staff may need.

History. Enact. Acts 2011, ch. 2, § 72, effective June 8, 2011.

196.735. Annual evaluation — Renewal or continuation of programs.

The commission shall evaluate each community corrections program on an annual basis to determine the degree to which the program has accomplished the goals set forth in KRS 196.702(4). The commission shall not renew or continue a program that has failed to accomplish those goals and that shows no promise of doing so in the future, after allowing for changes in the number of convictions.

History. Enact. Acts 1992, ch. 255, § 8, effective July 14, 1992; 2003, ch. 71, § 6, effective June 24, 2003.

196.736. Annual report on implementation of pilot projects instituted pursuant to KRS 196.731.

The Kentucky State Corrections Commission shall submit an annual report on the implementation and results of any pilot projects developed pursuant to KRS 196.731 to the Legislative Research Commission, the Chief Justice, and the Governor on or before September 1 of each year. The report shall also include the calculations made pursuant to KRS 196.731 and the resulting performance incentive funding appropriated, if any.

History. Enact. Acts 2011, ch. 2, § 73, effective June 8, 2011.

Penalties

196.990. Penalties.

  1. Any officer who violates subsection (1) of KRS 196.230 shall be fined not less than two hundred and fifty dollars ($250) nor more than one thousand dollars ($1,000). Action shall be brought in the county in which the institution is located.
  2. Any officer or employee who violates subsection (3) of KRS 196.230 shall ipso facto forfeit his office or position, and the office or position shall be declared vacant.

History. 216a-3, 216aa-7, 216aa-21, 216aa-32, 423: amend. Acts 1980, ch. 188, § 146, effective July 15, 1980; 1994, ch. 418, § 15, effective July 15, 1994.

CHAPTER 197 Penitentiaries

197.010. Definitions for chapter.

Definitions as used in this chapter, unless the context otherwise requires:

  1. “Cabinet” means the Justice and Public Safety Cabinet;
  2. “Classification” means the systematic assignment of a prisoner to a custody level, program, and penitentiary;
  3. “Department” means Department of Corrections;
  4. “Eligible sexual offender” means a sexual offender for whom the sentencing court, department officials, or both have determined that he or she:
    1. Has demonstrated evidence of a mental, emotional, or behavioral disorder, but not active psychosis or an intellectual disability; and
    2. Is likely to benefit from the program;
  5. “Life skills program” means a program that provides strategies for offenders to assist in removing barriers to successful reintegration into the community and addresses skill areas, including time management, money management, use of technology, communication, and social skills;
  6. “Penitentiaries” includes the state penal institutions for males at Eddyville, LaGrange, the Green River Correctional Complex, the Luther Luckett Correctional Complex, the Kentucky Correctional Institute for Women, the Northpoint Training Center, the Roederer Correctional Complex, the Eastern Kentucky Correctional Complex, the Western Kentucky Correctional Complex, Frankfort Career Development Center, Blackburn Correctional Complex, and Bell County Forestry Camp, together with the branches thereof, any private prison as provided by KRS 197.500 , and any other similar institutions hereafter established;
  7. “Promising practices” means programs and strategies that have some research or data showing positive outcomes, but do not have enough evidence yet to meet the standard of an evidence-based program;
  8. “Sexual offender” means any person convicted of, pleading guilty to, or entering an Alford plea to a sex crime as defined in KRS 17.500 ; and
  9. “State agency” means any department, board, commission, or agency of the state government.

History. 3828c-1: amend. Acts 1962, ch. 106, Art. X, § 9; 1964, ch. 165, § 1; 1974, ch. 74, Art. V, § 24(14); 1982, ch. 344, § 20, effective July 15, 1982; 1984, ch. 106, § 2, effective July 13, 1984; 1990, ch. 315, § 1, effective July 13, 1990; 1990, ch. 497, § 9, effective July 13, 1990; 1992, ch. 211, § 43, effective July 14, 1992; 1992, ch. 445, § 4, effective July 14, 1992; 1994, ch. 418, § 3, effective July 15, 1994; 2006, ch. 182, § 21, effective July 12, 2006; 2007, ch. 85, § 230, effective June 26, 2007; 2012, ch. 146, § 26, effective July 12, 2012; 2019 ch. 116, § 1, effective June 27, 2019.

NOTES TO DECISIONS

Cited in:

Harris v. Commonwealth, 342 S.W.2d 535, 1960 Ky. LEXIS 98 ( Ky. 1960 ).

Research References and Practice Aids

Cross-References.

Child welfare, commitment of child to cabinet for families and children, KRS 605.090 to 605.130 .

Conveying convicts to prison, expenses, KRS 64.070 .

Curator for convicts, district court may appoint, KRS 387.290 .

Department of Corrections, KRS Chapter 196.

Execution of death sentence, KRS 431.215 to 431.270 .

Juvenile code, KRS Chapters 600 to 645.

Penitentiaries may be used to confine military prisoners, KRS 35.055 .

Prisoners in custody of an officer may be removed to penitentiary to protect them from violence, KRS 441.540 .

Superintendents of institutions to deliver unclaimed dead bodies to colleges, KRS 311.330 .

197.011. Name of women’s institution.

The institution for women shall be known as “The Kentucky Correctional Institution for Women.”

History. Enact. Acts 1964, ch. 165, § 2.

197.020. Administrative regulations to be promulgated by Department of Corrections — Fee for use of medical facilities — Reimbursement of telehealth consultations — Use of jail medical facilities by state prisoner governed by KRS 441.045.

  1. The Department of Corrections shall:
    1. Promulgate administrative regulations for the government and discipline of the penitentiary, for the government and official conduct of all officials connected with the penitentiary, and for the government of the prisoners in their deportment and conduct;
    2. Promulgate administrative regulations for the character of food and diet of the prisoners; the preservation of the health of the prisoners; the daily cleansing of the penitentiary; the cleanliness of the persons of the prisoners; the general sanitary government of the penitentiary and prisoners; the character of the labor; the quantity of food and clothing; and the length of time during which the prisoners shall be employed daily;
    3. Promulgate administrative regulations, as the department deems necessary, for the disposition of abandoned, lost, or confiscated property of prisoners;
    4. Promulgate administrative regulations for the administration of a validated risk and needs assessment to assess the criminal risk factors and correctional needs of all inmates upon commitment to the department;
    5. Promulgate administrative regulations to create a certification process for county jails that may house female state inmates. The administrative regulations shall include a requirement of a physical barrier between male and female inmates; and
    6. Cause the administrative regulations promulgated by the department, together with the law allowing commutation of time to prisoners for good conduct, to be printed and posted in conspicuous places in the cell houses and workshops.
  2. The department may impose a reasonable fee for the use of medical facilities by a prisoner who has the ability to pay for the medical and dental care. These funds may be deducted from the prisoner’s inmate account. A prisoner shall not be denied medical or dental treatment because he or she has insufficient funds in his or her inmate account.
  3. The department may promulgate administrative regulations in accordance with KRS Chapter 13A to implement a program that provides for reimbursement of telehealth consultations.
  4. Fees for the use of medical facilities by a state prisoner who is confined in a jail pursuant to KRS 532.100 or other statute shall be governed by KRS 441.045 .

History. 216c-4: amend. Acts 1966, ch. 255, § 188; 1974, ch. 74, Art. V, § 24(14); 1982, ch. 344, § 21, effective July 15, 1982; 1992, ch. 211, § 44, effective July 14, 1992; 1992, ch. 445, § 5, effective July 14, 1992; 1998, ch. 406, § 3, effective July 15, 1998; 2000, ch. 376, § 23, effective July 14, 2000; 2007, ch. 85, § 231, effective June 26, 2007; 2010, ch. 8, § 2, effective July 15, 2010; 2011, ch. 2, § 27, effective June 8, 2011; 2018 ch. 115, § 3, effective July 14, 2018; 2020 ch. 109, § 4, effective April 24, 2020.

Legislative Research Commission Notes.

(7/14/2018). Pursuant to 2018 Ky. Acts ch. 115, sec. 12, that Act shall be known as the Women's Dignity in the Justice System Act. This statute was amended in Section 3 of that Act.

NOTES TO DECISIONS

Analysis

1.In General.

Kentucky Department of Corrections was required by Kentucky law to promulgate a regulation as to all portions of the lethal injection protocol, KRS 431.220 , as the “private rights” of those individuals being executed by the Commonwealth were invariably affected by the manner in which the lethal injection was administered; the Department was not prohibited from adopting regulations to implement the death penalty through lethal injection simply because KRS 431.220 contained no express reference to the adoption of regulations. Bowling v. Ky. Dep't of Corr., 301 S.W.3d 478, 2009 Ky. LEXIS 291 ( Ky. 2009 ), writ denied, 336 S.W.3d 98, 2011 Ky. LEXIS 31 ( Ky. 2011 ).

2.Transfer of Prisoner to Mental Hospital.

Where a convict sentenced to the penitentiary is found to be insane, and is transferred to a state mental hospital, it is the duty of the prison authorities to furnish maintenance, and his estate cannot be held liable for board and maintenance. Department of Welfare v. Brock, 306 Ky. 243 , 206 S.W.2d 915, 1947 Ky. LEXIS 983 ( Ky. 1947 ).

3.Good-time Credit.

Since the legislature authorized the Secretary of the Justice and Public Safety Cabinet, in overseeing the Department of Corrections, to regulate, reward, and punish prisoner conduct, and the secretary, without ceding or relinquishing that authority, properly delegated much of it to the wardens who, under properly adopted policies, had final say in the forfeiture of good-time credit, the only entities with the authority to restore good-time credit or expunge a prison record were the Department of Corrections and the warden, and, although the inmate had named the warden in the lawsuit in the trial court, the inmate’s failure to include the warden as an appellee in the notice of appeal was fatal. Watkins v. Fannin, 278 S.W.3d 637, 2009 Ky. App. LEXIS 34 (Ky. Ct. App. 2009).

Cited in:

Coleman v. Commonwealth, 100 S.W.3d 745, 2002 Ky. LEXIS 247 ( Ky. 2002 ); Million v. Raymer, 136 S.W.3d 460, 2004 Ky. LEXIS 146 ( Ky. 2004 )

Notes to Unpublished Decisions

1.No Private Right of Action.

Unpublished decision: Physician was properly granted summary judgment dismissing an administratrix’s claim of a violation of a deceased inmate’s statutory right to medical care, because KRS 197.020(1)(b) and its corresponding regulations did not provide any private right of action for inmates to sue the corrections facility, its employees, or its agents. Runkle v. Fleming, 558 Fed. Appx. 628, 2014 FED App. 0199N, 2014 U.S. App. LEXIS 5005 (6th Cir. Ky. 2014 ).

Research References and Practice Aids

Cross-References.

Discipline and supplies for convicts, Ky. Const., § 254.

197.022. Personal attendance of state prisoner in civil action — Transportation orders — Payment of costs — Participation of prisoner in action by alternative methods allowed.

  1. Whenever a court finds the personal attendance of a state prisoner is necessary in a civil action and orders the Justice and Public Safety Cabinet or its agent or any law enforcement officer to transport a prisoner in connection with the civil action, the party requesting that the state prisoner be transported to the hearing shall pay the transportation cost, which shall include the estimated round trip cost, including the state mileage rate and the estimated associated salary cost of correctional staff.
  2. The court shall cause all transportation orders to be delivered to the warden or jailer of the detention facility where the prisoner resides. As soon as practicable after the receipt of the order, the warden or jailer shall notify the prisoner and the court of the total transportation cost. If the payment is not received twenty-four (24) hours in advance of the scheduled hearing, no transportation shall be provided, irrespective of the order of the court commanding the Justice and Public Safety Cabinet or its agent or other law enforcement officer to transport a prisoner.
  3. To the extent practicable, any action concerning a prisoner in which the court has determined that the prisoner’s participation is required or permitted may be conducted by telephone, video conference, or other telecommunications technology without removing the prisoner from the facility in which the prisoner is confined.
  4. The provisions of this section pertaining to payment of transportation costs shall not apply to parties who have been determined by the court to be indigent within the meaning of KRS Chapter 31 or other applicable law.
  5. The Justice and Public Safety Cabinet shall promulgate an administrative regulation or regulations governing this process.

History. Enact. Acts 2007, ch. 139, § 9, effective June 26, 2007.

Legislative Research Commission Notes.

(6/26/2007). 2007 Ky. Acts ch. 85, relating to the creation and organization of the Justice and Public Safety Cabinet, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in that Act. Such a correction has been made in this section.

197.023. Duty to maintain grievance reports — Open record — Content — Destruction.

  1. Each facility operated by the Department of Corrections or under contract to the department shall maintain reports of all grievances by inmates during a calendar year. A grievance report shall be an open public record and made available to any person who requests to see the file at the site as long as the inmate has signed a waiver of confidentiality.
  2. Each grievance report shall contain the date the grievance was filed, the nature of the grievance, the name of the individual filing the grievance as well as the name of the person preparing the report, the residence, the county, actions taken by the facility, and the date the report was filed. The report shall be signed by an administrator or officer of the facility.
  3. With the written permission of the inmate, a photocopy of the file may be made and the content may be released to the public. The facility may require a ten cent ($0.10) per page copying fee.
  4. All grievance reports may be destroyed after December 31 of the following year.

History. Enact. Acts 1998, ch. 606, § 135, effective July 15, 1998.

197.025. Restrictions on access to inmate and facility records — Appeal procedure — Restrictions on access to policies and procedure.

  1. KRS 61.870 to 61.884 to the contrary notwithstanding, no person shall have access to any records if the disclosure is deemed by the commissioner of the department or his designee to constitute a threat to the security of the inmate, any other inmate, correctional staff, the institution, or any other person.
  2. KRS 61.870 to 61.884 to the contrary notwithstanding, the department shall not be required to comply with a request for any record from any inmate confined in a jail or any facility or any individual on active supervision under the jurisdiction of the department, unless the request is for a record which contains a specific reference to that individual.
  3. KRS 61.870 to 61.884 to the contrary notwithstanding, all persons confined in a penal facility shall challenge any denial of an open record with the Attorney General by mailing or otherwise sending the appropriate documents to the Attorney General within twenty (20) days of the denial pursuant to the procedures set out in KRS 61.880(2) before an appeal can be filed in a Circuit Court.
  4. KRS 61.870 to 61.884 to the contrary notwithstanding, the Department of Corrections shall refuse to accept the hand delivery of an open records request from a confined inmate.
  5. KRS 61.870 to 61.884 to the contrary notwithstanding, all records containing information expunged pursuant to law shall not be open to the public.
  6. The policies and procedures or administrative regulations of the department which address the security and control of inmates and penitentiaries shall not be accessible to the public or inmates. The Administrative Regulations Review Subcommittee’s review process for any of these policies and procedures or administrative regulations, which may be filed with the regulations compiler, shall be conducted in closed sessions and held confidential.
  7. KRS 61.870 to 61.884 to the contrary notwithstanding, upon receipt of a request for any record, the department shall respond to the request within five (5) days after receipt of the request, excepting Saturdays, Sundays, and legal holidays, and state whether the record may be inspected or may not be inspected, or that the record is unavailable and when the record is expected to be available.

History. Enact. Acts 1990, ch. 497, § 22, effective July 13, 1990; 1992, ch. 211, § 45, effective July 14, 1992; 1992, ch. 445, § 6, effective July 14, 1992; 1994, ch. 418, § 4, effective July 15, 1994; 1996, ch. 334, § 1, effective July 15, 1996; 1998, ch. 406, § 4, effective July 15, 1998; 2000, ch. 345, § 2, effective July 14, 2000; 2002, ch. 11, § 1, effective July 15, 2002; 2007, ch. 139, § 8, effective June 26, 2007.

NOTES TO DECISIONS

1.Inmate Files.

Because the General Assembly had not seen fit to limit an inmates’ access to public records, other than the limitations contained in KRS 197.025 , the Attorney General’s decision to extend its treatment of school employees’ personnel files to an inmate’s request to see his own inmate file was logical, and it was not arbitrary. Commonwealth v. Chestnut, 250 S.W.3d 655, 2008 Ky. LEXIS 116 ( Ky. 2008 ).

2.Unreasonable Burden.

Although the task of determining what materials were properly subject to an inmate’s open records request was tedious and time-consuming work, complying with the request did not automatically constitute an unreasonable burden. Regardless of the specificity of the open records request, the Department of Corrections personnel were still obligated to sift through any requested materials in order to determine which documents (or portions of a document) had to be redacted or excised by reasons of privacy or for institutional safety under KRS 197.025 . Commonwealth v. Chestnut, 250 S.W.3d 655, 2008 Ky. LEXIS 116 ( Ky. 2008 ).

Winnowing process required of the Department of Corrections by the General Assembly under KRS 197.025 did not rise to the level of an unreasonable burden under KRS 61.872(6), especially in light of the fact that the General Assembly had already mandated that all public agencies had to separate materials exempted from disclosure in a document from materials that were subject to disclosure. The obvious fact that complying with an open records request would have consumed both time and manpower was, standing alone, not sufficiently clear and convincing evidence of an unreasonable burden. Commonwealth v. Chestnut, 250 S.W.3d 655, 2008 Ky. LEXIS 116 ( Ky. 2008 ).

3.Inadvertent Disclosure.

Department of Correction’s possible inadvertent disclosure of any matter that was protected under KRS 197.025 was not a reason to deny an inmate’s open records requests. Commonwealth v. Chestnut, 250 S.W.3d 655, 2008 Ky. LEXIS 116 ( Ky. 2008 ).

Opinions of Attorney General.

As a matter of policy “conflict sheets” are not released to inmates unless the requester’s name appears at the top of the page, indicating that it was he who reported the “conflict.” OAG 91-136 .

Inmate could not review the psychological evaluation contained in his medical file because this section, which is incorporated into the Open Records Act by operation of KRS 61.878(1)(j) (now 61.878(1)( l )), prohibits disclosure of records or information made confidential by enactment of the General Assembly, and precludes release of psychological evaluations pursuant to corrections cabinet policy and procedure. OAG 92-25 .

Facilities operating under the jurisdiction of the cabinet may invoke this section when, in the exercise of their discretion, they conclude that release of a record may constitute a threat to the security of the inmate, another inmate, or the staff of the institution. OAG 92-26 .

A correctional facility properly denied a request by an inmate for a copy of the facility’s lab certification as such certification did not pertain to the inmate making the request. OAG 99-ORD-15.

Subsection (7) controls over KRS 61.880(1) and allows a penitentiary five (5) days to respond to an open records request. OAG 99-ORD-102.

The Kentucky State Penitentiary properly denied a request for records containing the names and home addresses of all penitentiary employees and the penitentiary’s master menu as such records did not pertain to the inmate himself. OAG 99-ORD-102.

A correctional facility properly denied an inmate’s request for copies of walk logs showing inmates on restricted privileges and for receipts for how much the penitentiary spent on cassette tapes for court call records since the inmate’s name did not appear on the requested records and he was not entitled to records of other inmates or records that did not pertain to him. OAG 99-ORD-188.

Although the presence of litigation and simultaneously filed open records and discovery requests may engender staff confusion, neither relieves a correctional facility of its duties under KRS 61.880(1) when read in conjunction with subsection (7) of this section. OAG 00-ORD-83.

A correctional facility properly denied an inmate’s request for, inter alia, records pertaining to disciplinary actions against employees of the facility as such records did not pertain to the inmate. OAG 00-ORD-83.

The custodian of the records office at a correctional institution could not selectively respond to only those requests for records over which she had personal custody and control and require an inmate to resubmit his requests to other departments within the institution as such other records were within the custody and control of the correctional institution on whose behalf she responded; the proper course would have been to confer with the open records coordinator, and possibly the deputy warden of security’s office and the medical department, in formulating the proper response to the inmate’s request and to have rerouted each portion of the request to the appropriate department that maintained the requested records, rather than requiring the inmate to resubmit his request to the different departments. OAG 99-ORD-157.

Because the incident reports at issue did not mention an inmate by name, he was prohibited from inspecting the records, even though he was affected by the incidents covered by the reports. OAG 99-ORD-157.

A county division of community corrections did not violate the Open Records Act when it denied a request by an inmate for various records, including names of various persons on floors of a detention center, on the ground that such records did not specifically relate to the inmate. OAG 00-ORD-153.

A county jailer properly denied a request for various records pertaining to the jail, including names and other information about jail employees and inmates housed in a certain dormitory, as such information did not specifically pertain to the inmate requesting the records and disclosure would have constituted a threat to their security as well as to the security of their families. OAG 00-ORD-182.

An inmate was not entitled to disclosure of raw data from psychological tests that were contained in his sexual offense treatment program file; access to those records was properly denied to prevent the dissemination of the test and data to other inmates prior to their taking the examination and because the inmate was not qualified to utilize or interpret the information. OAG 00-ORD-204.

Although neither KRS 197.025 nor KRS 197.400 et seq. invests a participant in the sexual offender treatment program with an unfettered right of access to all records in his treatment file, neither statute establishes an absolute bar to his access. As in all matters pertaining to records access, it is incumbent on the agencies to identify all records in the file that were withheld, and to articulate a basis for denying him access to them in terms of the requirements of the Open Records Act. If no legally defensible basis exists for denying the offender access to the other records in his file, these agencies are obligated to disclose them to him. OAG 00-ORD-221.

A correctional facility properly denied an inmate’s request for a copy of 501 KAR 6:080 since that administrative regulation does not pertain to the inmate, and because the correctional facility did not possess a copy of that administrative regulation. OAG 01-ORD-5.

Although the Open Records Law, and in particular KRS 61.880 , contains no statute of limitations for initiating open records appeals, KRS 197.025(3) requires inmates confined in penal facilities to initiate an appeal of “any denial of an open record” with the Attorney General within twenty days. OAG 02-ORD-54.

BCFC properly denied the inmate’s request for a copy of the memorandum outlining changes in work programs for inmates diagnosed with Hepatitis, notwithstanding the fact that he has been diagnosed with this illness, because that memorandum does not specifically reference him. OAG 03-ORD-73.

The Fayette County Detention Center properly denied an inmate’s request for copies of various contracts with outside vendors, because the contracts do not specifically reference him. OAG 03-ORD-74.

KRS 197.025(2) applies to bar the request of a non-convicted federal pre-trial inmate being held for the U.S. Marshals in a county jail for records related to the jail commissary. OAG 03-ORD-150.

The Correctional Complex properly relied upon KRS 197.025(1) in its denial of the request for copies of the entry/exit logs, the daily rosters for the security staff, the duty rosters, and the time and attendance records for the security staff. Disclosure of the documents would pose a threat to the security of the institution because disclosure of these records could enable a requester to determine (1) when posts filled by these individuals were either unmanned or in a state of change; and (2) when these individuals may be found in close proximity to the institution for purposes of harassment. OAG 04-ORD-180.

KRS 197.025(2) necessarily applies to Corrections Corporation of America. Although the statute does not specifically provide that private providers such as CCA and facilities under its jurisdiction are not required to comply with such requests, to hold otherwise would yield the absurd result that inmates housed at private correctional facilities under the jurisdiction of CCA or other private providers would be able to access records which inmates housed at state facilities under the jurisdiction of the Department of Corrections are unable to access. OAG 04-ORD-205.

Where sufficient objective indicia exist to establish an identity of purpose between an inmate and a non-inmate, the attorney general will not require disclosure of records to the latter, thereby undermining the purpose for which KRS 197.025(2) was enacted. In this case, objective indicia exist to establish an “identity of purpose” between an inmate and the requester, namely, the Power of Attorney and the postal money orders from the inmate to the Kentucky State Treasurer. OAG 04-ORD-214.

Where an inmate receives a disciplinary report for unauthorized use of drugs, and receives a copy of the internal chain of custody form for collection of the urine sample and the laboratory chain of custody forms, to the extent the back pages of original urinalysis chain of custody documentation contains information that is not addressed to or does not specifically refer to an inmate, the Department of Corrections is authorized to except those pages from disclosure to inmates under KRS 61.878(1)( l ) and KRS 197.025(2). OAG 04-ORD-248.

The Department of Corrections may properly withhold the requested personnel record of a deputy warden on the basis of KRS 197.025(1) assuming it satisfies its burden of proof by establishing that disclosure would constitute a threat to the security of any inmate, the staff of the institution, or any other person, and promptly notifies the requester in writing of its decision. OAG 05-ORD-34.

A correctional facility did not violate the Open Records Act in its denial of an inmate’s request to inspect his psychological file—mainly the psychological evaluation. OAG 05-ORD-101.

Lee Adjustment Center properly denied a request to inspect the records regarding the firing of an officer on the basis of KRS 197.025(1) or, in the alternative, KRS 197.025(2), both of which are incorporated into the Open Records Act by operation of KRS 61.878(1)( l ). OAG 05-ORD-143.

Correctional institution did not violate the Open Records Act in denying an inmate access to “still frame pictures . . .from basement control camera” within the institution because photographs created from the camera would show areas where it was capable of focusing and blind spots outside its range and it would be impossible for the institution to redact the photographs and eliminate the security concern. OAG 06-ORD-005.

In responding to the request of an inmate for copies of “all statements/occurrence reports made by any medical department employees” regarding his confinement in segregation, a correctional institution properly relied upon KRS 197.025(1) in redacting the name of a medical staff member who provided a statement that was incorporated into a report concerning the incident. OAG 06-ORD-026.

197.030. Department may contract for construction of railroads on penitentiary property.

The Department of Corrections may enter into a contract with any railroad company for the construction of railroad switches, sidetracks, or spurs into the yards of the penitentiaries of the state, and may sell and convey rights-of-way owned by the state to any railroad company, and may grant rights-of-way to railroads across any penitentiary property of the state.

History. 216c-4: amend. Acts 1974, ch. 74, Art. V, § 24(14); 1982, ch. 344, § 22, effective July 15, 1982; 1992, ch. 211, § 46, effective July 14, 1992.

Research References and Practice Aids

Cross-References.

State lands and buildings, KRS Chapter 56.

197.035. Computation of consecutive or concurrent sentence.

  1. A sentence, on conviction of a felony, imposed upon a confined prisoner for a crime committed prior to the date of his instant commitment, if designated to be served consecutively, shall be added to the sentence or sentences being served.
  2. If the additional sentence is designated to be served concurrently, or the commitment is silent, he shall be considered as having started to serve said sentence on the day he was committed on the first sentence.

History. Enact. Acts 1963 (2nd Ex. Sess.), ch. 4, § 8.

NOTES TO DECISIONS

1.Consecutive Terms.

Where the defendant was serving a sentence on his conviction of robbery in Kenton County before his conviction of robbery in Jefferson County, and where the latter conviction was designated to be served consecutively, the Jefferson County sentence was added to the sentence being served from Kenton County. Merritt v. Commonwealth, 447 S.W.2d 625, 1969 Ky. LEXIS 96 ( Ky. 1969 ).

2.Concurrent Sentence in Foreign Jurisdiction.

Where defendant, through plea bargain with Commonwealth’s attorney, was sentenced to three ten-year sentences for armed robbery to run concurrently with sentence then being served in Indiana, was returned to Indiana, and served three years, was paroled and immediately was arrested by Kentucky officials and served three years in Kentucky, he was entitled to a habeas corpus and release since under this section and KRS 532.120 his Kentucky sentence began the day he was confined in Indiana on his Indiana conviction and since he was entitled to Kentucky credit for all time served in Indiana and his Kentucky sentence terminated at the discharge of the term of his longest sentence, a date not apparent from the record. Brock v. Sowders, 610 S.W.2d 591, 1980 Ky. LEXIS 279 ( Ky. 1980 ).

3.Jurisdiction.

Denial of writ of habeas corpus was proper because this situation was one where defendant’s maximum out-of-state sentence had expired and not one where he possibly remained under the jurisdiction of out-of-state authorities and because his Kentucky sentence was longer than the maximum out-of-state sentence, he was now lawfully under the jurisdiction of the Kentucky prison system and incarcerated. Hudson v. Commonwealth, 932 S.W.2d 371, 1996 Ky. LEXIS 104 ( Ky. 1996 ).

4.Concurrent Sentences.

Defendant’s conviction for promoting contraband failed to meet the requirements of KRS 532.080(2)(c)(1) because he did not complete service of the sentence imposed for that offense within five years of the offense date alleged for his burglary conviction, as such, defendant’s persistent felony offender conviction was reversed. Lienhart v. Commonwealth, 953 S.W.2d 70, 1997 Ky. LEXIS 112 ( Ky. 1997 ).

Under KRS 197.035(2), the inmate’s motion for custody credit against his Kentucky sentence for time served on the Florida sentence was properly denied because credit would not be calculated and awarded until completion of the Florida sentence; otherwise, the inmate would receive double credit for time spent in Florida. Richards v. Commonwealth, 305 S.W.3d 443, 2010 Ky. App. LEXIS 50 (Ky. Ct. App. 2010).

Cited in:

Kassulke v. Briscoe-Wade, 105 S.W.3d 403, 2003 Ky. LEXIS 44 ( Ky. 2003 ); Martin v. Chandler, 122 S.W.3d 540, 2003 Ky. LEXIS 265 ( Ky. 2003 ).

197.040. Commutation of sentence. [Repealed.]

Compiler’s Notes.

This section (1136a) was repealed by Acts 1956, ch. 102.

197.041. Credit for period confined on reversal and second conviction.

If a defendant is confined in the penitentiary during the pendency of an appeal and, on reversal, is again convicted, he shall be given credit for the period so confined in determining his date of eligibility for parole and his date of release by expiration of sentence.

History. Enact. Acts 1962, ch. 234, § 17.

NOTES TO DECISIONS

1.Credit for Time Served.

Where the defendant’s conviction for armed assault with intent to rob was vacated, he was entitled to credit for his time of confinement on his subsequent conviction for armed robbery resulting from the same robbery. Brooks v. Commonwealth, 447 S.W.2d 614, 1969 Ky. LEXIS 92 ( Ky. 1969 ).

197.045. Credit on sentence for prior confinement, educational accomplishment, good behavior, or meritorious service — Requirement of completion of sex offender treatment program for eligible sexual offenders — Forfeiture of credit for certain dismissals of inmates’ civil actions.

  1. Any person convicted and sentenced to a state penal institution:
    1. Shall receive a credit on his or her sentence for:
      1. Prior confinement as specified in KRS 532.120 ;
      2. Successfully receiving a High School Equivalency Diploma or a high school diploma, a college degree, a completed vocational or technical education program, or a correspondence postsecondary education program which results in a diploma or degree, as provided, defined, and approved by the department in the amount of ninety (90) days per diploma, degree, or technical education program completed;
      3. Successfully completing a drug treatment program, evidence-based program, or any other promising practice or life skills program approved by the department, in the amount of not more than ninety (90) days for each program completed. The department shall determine criteria to establish whether a life skills or promising practice program is eligible for sentence credits. Programs shall demonstrate learning of skills necessary for reintegration into the community to minimize barriers to successful reentry. Approval of programs shall be subject to review by the cabinet; and
    2. May receive a credit on his or her sentence for:
      1. Good behavior in an amount not exceeding ten (10) days for each month served, to be determined by the department from the conduct of the prisoner;
      2. Performing exceptionally meritorious service or performing duties of outstanding importance in connection with institutional operations and programs, awarded at the discretion of the commissioner in an amount not to exceed seven (7) days per month; and
      3. Acts of exceptional service during times of emergency, awarded at the discretion of the commissioner in an amount not to exceed seven (7) days per month.
  2. Except for a sentencing credit awarded for prior confinement, the department may forfeit any sentencing credit awarded under subsection (1) of this section previously earned by the prisoner or deny the prisoner the right to earn future sentencing credit in any amount if during the term of imprisonment, a prisoner commits any offense or violates the rules of the institution.
  3. When two (2) or more consecutive sentences are to be served, the several sentences shall be merged and served in the aggregate for the purposes of the sentencing credit computation or in computing dates of expiration of sentence.
  4. Until successful completion of the sex offender treatment program, an eligible sexual offender may earn sentencing credit. However, the sentencing credit shall not be credited to the eligible sexual offender’s sentence. Upon the successful completion of the sex offender treatment program, as determined by the program director, the offender shall be eligible for all sentencing credit earned but not otherwise forfeited under administrative regulations promulgated by the Department of Corrections. After successful completion of the sex offender treatment program, an eligible sexual offender may continue to earn sentencing credit in the manner provided by administrative regulations promulgated by the Department of Corrections. Any eligible sexual offender, as defined in KRS 197.410 , who has not successfully completed the sex offender treatment program as determined by the program director shall not be entitled to the benefit of any credit on his or her sentence. A sexual offender who does not complete the sex offender treatment program for any reason shall serve his or her entire sentence without benefit of sentencing credit, parole, or other form of early release. The provisions of this section shall not apply to any sexual offender convicted before July 15, 1998, or to any sexual offender with an intellectual disability.
    1. The Department of Corrections shall, by administrative regulation, specify the length of forfeiture of sentencing credit and the ability to earn sentencing credit in the future for those inmates who have civil actions dismissed because the court found the action to be malicious, harassing, or factually frivolous. (5) (a) The Department of Corrections shall, by administrative regulation, specify the length of forfeiture of sentencing credit and the ability to earn sentencing credit in the future for those inmates who have civil actions dismissed because the court found the action to be malicious, harassing, or factually frivolous.
    2. Penalties set by administrative regulation pursuant to this subsection shall be as uniform as practicable throughout all institutions operated by, under contract to, or under the control of the department and shall specify a specific number of days or months of sentencing credit forfeited as well as any prohibition imposed on the future earning of sentencing credit.
  5. Starting in fiscal year 2021-2022 and through fiscal year 2023-2024, if a state prisoner is confined in a jail pursuant to Section 6 of this Act and earns sentencing credits under subsection (1)(a)2. or 3. of this section while confined in that jail, at the end of that prisoner’s period of confinement in that jail, the department shall pay a fee to the unit of local government or regional jail authority responsible for the administration of that jail as follows:
    1. For every Department of Corrections-approved program completed which resulted in the issuance of a ninety (90) day sentencing credit, a payment of one thousand dollars ($1,000) shall be made;
    2. For every Department of Corrections-approved program completed which resulted in the issuance of a sixty (60) day sentencing credit, a payment of six hundred dollars ($600) shall be made; and
    3. For every Department of Corrections-approved program completed which resulted in the issuance of a thirty (30) day sentencing credit, a payment of three hundred dollars ($300) shall be made.
  6. The provisions in subsection (1)(a)2. of this section shall apply retroactively to July 1, 2018.

HISTORY: Enact. Acts 1956, ch. 102, § 1; 1962, ch. 109, § 1; 1970, ch. 90, § 1; 1974, ch. 146, § 1; 1982, ch. 344, § 23, effective July 15, 1982; 1990, ch. 497, § 12, effective July 13, 1990; 1992, ch. 211, § 42, effective July 14, 1992; 1992, ch. 445, § 7, effective July 14, 1992; 1996, ch. 118, § 6, effective July 15, 1996; 1996, ch. 145, § 6, effective July 15, 1996; 1998, ch. 606, § 24, effective July 15, 1998; 2000, ch. 345, § 3, effective July 14, 2000; 2006, ch. 182, § 22, effective July 12, 2006; 2010, ch. 107, § 3, effective July 15, 2010; 2011, ch. 2, § 36, effective June 8, 2011; 2012, ch. 146, § 27, effective July 12, 2012; 2013, ch. 69, § 9, effective June 25, 2013; 2014, ch. 94, § 5, effective July 15, 2014; 2017 ch. 63, § 25, effective June 29, 2017; 2019 ch. 116, § 2, effective June 27, 2019; 2021 ch. 194, § 4, effective March 30, 2021.

Compiler’s Notes.

Section 197 of Acts 1998, ch. 606, provided that the 1998 amendments to this section and the 1998 amendments to KRS 197.070 and 532.060 , together with KRS 532.043 , “may be cited as the Sarah Hansen Act.”

NOTES TO DECISIONS

Analysis

1.Application.

The application of the additional requirements imposed by subsection (4) for earning credit toward parole for good behavior to a defendant who committed third degree sodomy prior to the effective date of the statute was not unconstitutional as an improper ex post facto application of the statute. Lozier v. Commonwealth, 32 S.W.3d 511, 2000 Ky. App. LEXIS 33 (Ky. Ct. App. 2000).

Although statutory law permitted a trial court to grant an inmate sentence credits under certain circumstances, the trial court erred in finding that it was required to give the inmate credit on the inmate’s Kentucky sentence for the time the inmate served on a Missouri sentence imposed on the inmate while the inmate was on parole from the inmate’s Kentucky sentence since a Kentucky parolee was not entitled to credit for the time spent on parole from a sentence. Kassulke v. Briscoe-Wade, 105 S.W.3d 403, 2003 Ky. LEXIS 44 ( Ky. 2003 ), modified, 2003 Ky. LEXIS 134 (Ky. June 12, 2003).

Summary judgment was properly granted to prison psychologists, a guard, and the parole board members because even assuming that a good-time credit statute was retroactively applied to a prisoner, there would not have been an ex post facto violation because its application would not have increased the prisoner’s punishment beyond his original sentence. Froman v. Peterson, 74 Fed. Appx. 484, 2003 U.S. App. LEXIS 16479 (6th Cir. Ky. 2003 ).

Where an inmate alleged that the Department of Corrections improperly denied a petition to enter a KRS 197.045 sex offender treatment program, the inmate alleged the sort of constitutional tort that was subject to a one-year limitations period; because the inmate’s reapplications were essentially requests to reconsider the initial decision, the trial court properly determined that KRS 418.040 et seq. applied, and that the declaratory action was untimely under KRS 413.140 . Tyler v. Taylor, 128 S.W.3d 495, 2003 Ky. App. LEXIS 304 (Ky. Ct. App. 2003).

Although KRS 197.045(4) was applied retrospectively in an inmate’s case, as the statute was passed after the inmate’s initial conviction and sentence, the statute’s requirement of the inmate successfully completing the Sex Offender Treatment Program for the inmate’s eligibility to earn discretionary good time credits towards his subsequent concurrently running sentences following two (2) later convictions for sexual offenses, was not an increase in punishment prohibited by the ex post facto clause. Martin v. Chandler, 122 S.W.3d 540, 2003 Ky. LEXIS 265 ( Ky. 2003 ).

House Bill (HB) 406, 2008 Ky. Acts 127, did not violate KRS 197.045(1) because it did not abrogate the restrictions imposed by § 197.045(1), which limited good time to months served. Commonwealth ex rel. Conway v. Thompson, 300 S.W.3d 152, 2009 Ky. LEXIS 290 ( Ky. 2009 ).

Appellant failed to show any palpable error related to the sentencing testimony of a parole officer concerning good time credits where the officer correctly explained to the jury that an inmate could receive four types of sentence credits, thereby reducing their overall sentence. Little v. Commonwealth, 553 S.W.3d 220, 2018 Ky. LEXIS 282 ( Ky. 2018 ).

2.Forfeiture.

The privilege granted by this statute is not a vested right, but is merely a conditional gratuity which may be forfeited by the prisoner’s misconduct. Fowler v. Black, 364 S.W.2d 164, 1963 Ky. LEXIS 200 ( Ky. 1963 ).

Where a chain of custody of a urinalysis was not flawed, an inmate’s loss of good-time credits for unauthorized drug use was not a violation of due process; the inmate received all due process to which the inmate was entitled. Rhodes v. Phillips, 2003 Ky. App. Unpub. LEXIS 955 (Ky. Ct. App. May 23, 2003).

3.—Hearing Not Required.

Denial or forfeiture of “good time” credits allowed a prisoner by this section does not require an antecedent hearing. McGuffin v. Cowan, 505 S.W.2d 773, 1974 Ky. LEXIS 801 ( Ky. 1974 ).

4.Multiple Life Sentences.

Whether a defendant has been given one or multiple sentences of life imprisonment, all of the multiple life sentences run concurrently and the defendant is eligible for parole as if only one life sentence had been imposed. Berning v. Commonwealth, 550 S.W.2d 561, 1977 Ky. LEXIS 448 ( Ky. 1977 ).

5.Presentence Incarceration.

Where a defendant spent 317 days in county jail prior to the commencement of his sentence, KRS 532.120 mandated that he receive “good time” for those days and such mandate did not conflict with this section. Polsgrove v. Kentucky Bureau of Corrections, 559 S.W.2d 736, 1977 Ky. LEXIS 560 ( Ky. 1977 ).

6.No Vested Right to Credit.

There is no constitutional or inherent right of a convicted person to be conditionally released before the expiration of a valid sentence, and an inmate has no vested right or reasonable entitlement to good time credit, whether it be the non-educational good time credit set forth by KRS 197.045(1) or the meritorious good time credit set forth by KRS 197.045(3); the Department of Corrections did not violate any of an inmate’s liberty interests or his right to due process by refusing to allow him to attend a Sex Offender Treatment Program after he was found to be a “non-admitter,” despite the fact that the inmate’s entitlement to parole and credit were conditioned upon completion of the program. Seymour v. Colebank, 179 S.W.3d 886, 2005 Ky. App. LEXIS 168 (Ky. Ct. App. 2005).

Because a Kentucky prisoner had no right to accumulate good-time credits, his substantive due process rights were not violated by his inability to accumulate them. Grinter v. Knight, 532 F.3d 567, 2008 FED App. 0213P, 2008 U.S. App. LEXIS 12919 (6th Cir. Ky. 2008 ).

When appellant returned to prison for a parole violation, he had no liberty interest in the receipt of meritorious good time under KRS 197.045(3). Hill v. Thompson, 297 S.W.3d 892, 2009 Ky. App. LEXIS 206 (Ky. Ct. App. 2009).

7.Appellate Review.

Since the legislature authorized the Secretary of the Justice and Public Safety Cabinet, in overseeing the Department of Corrections, to regulate, reward, and punish prisoner conduct, and the secretary, without ceding or relinquishing that authority, properly delegated much of it to the wardens who, under properly adopted policies, had final say in the forfeiture of good-time credit, the only entities with the authority to restore good-time credit or expunge a prison record were the Department of Corrections and the warden, and, although the inmate had named the warden in the lawsuit in the trial court, the inmate’s failure to include the warden as an appellee in the notice of appeal was fatal. Watkins v. Fannin, 278 S.W.3d 637, 2009 Ky. App. LEXIS 34 (Ky. Ct. App. 2009).

Because KRS 197.045(1) mandated educational good time (EGT) credits, and because the inmate was assured an award of additional EGT credit if the inmate successfully obtained a general equivalency diploma, despite the fact that the inmate already had college degrees, the trial court erred in dismissing the inmate’s petition for declaration of rights. Richardson v. Rees, 283 S.W.3d 257, 2009 Ky. App. LEXIS 46 (Ky. Ct. App. 2009), overruled in part, Roberts v. Thompson, 2012 Ky. App. LEXIS 173 (Ky. Ct. App. Sept. 14, 2012).

8.Education Credit.

Department of Corrections had no discretion to deny an inmate 90 days of Education Good Time credit for a second associate degree, although the degree was in a related area to the inmate’s first associate degree. Under KRS 197.045(1) as amended in June 2011, the Department was required to extend the credit. Roberts v. Thompson, 2012 Ky. App. LEXIS 173 (Ky. Ct. App. Sept. 14, 2012), op. withdrawn, sub. op., 388 S.W.3d 519, 2012 Ky. App. LEXIS 279 (Ky. Ct. App. 2012).

Inmate had to be awarded educational good time (EGT) credit because KRS 197.045(1) required the Kentucky Department of Corrections to give the credit for both associates degrees that the inmate earned; Kentucky Corrections Policies and Procedures 20.1(II)(C)(1)(c)(b), incorporated into 501 Ky. Admin. Regs. 6:020, had no effect in light of the lack of discretion given to the Department with regards to this credit. Roberts v. Thompson, 388 S.W.3d 519, 2012 Ky. App. LEXIS 279 (Ky. Ct. App. 2012).

9.Evidence.

At defendant’s trial for first-degree possession of a controlled substance and possession of a handgun by a convicted felon, his right to due process was not denied by his parole officer’s testimony during the penalty phase regarding the potential effect of parole and sentence credits on defendant’s sentence under KRS 197.045 . The testimony comported with the aims of the truth-in-sentencing statute, KRS 532.055 , and was not unfair. Cox v. Commonwealth, 399 S.W.3d 431, 2013 Ky. LEXIS 228 ( Ky. 2013 ).

Cited in:

Ivey v. Wilson, 577 F. Supp. 169, 1983 U.S. Dist. LEXIS 13686 (W.D. Ky. 1983 ); Hobbs v. Commonwealth, 690 S.W.2d 771, 1985 Ky. App. LEXIS 596 (Ky. Ct. App. 1985); Gilhaus v. Wilson, 734 S.W.2d 808, 1987 Ky. App. LEXIS 490 (Ky. Ct. App. 1987); Kassulke v. Briscoe-Wade, 105 S.W.3d 403, 2003 Ky. LEXIS 44 ( Ky. 2003 ).

Notes to Unpublished Decisions

1.Application.

Unpublished decision: Application of new policy regarding meritorious good time credits under KRS 197.045 did not violate the Ex Post Facto Clause where it carried only theoretical risk of affecting the inmate’s punishment and seemed to work to the inmate’s advantage; thus, inmate’s habeas petition under 28 U.S.C.S. § 2241 was dismissed. Johnson v. Million, 102 Fed. Appx. 15, 2004 U.S. App. LEXIS 8662 (6th Cir. Ky. 2004 ).

Opinions of Attorney General.

There is nothing in either former KRS 431.155 or in this section from which it could be inferred that the legislature intended that the good-time credit of ten days for each month served provided for in this section would apply to the pre-institutional incarceration referred to in former KRS 431.155 . OAG 68-227 , affirmed OAG 67-227 .

This section does not violate the equal protection clause of the United States Constitution. OAG 74-393 .

Where a defendant received consecutive sentences of 10 years and 20 years as a persistent felony offender in the first degree, the two sentences are merged for the purpose of computing dates of expiration of sentence, thus, the defendant would be eligible for parole after serving the 10 years prescribed in KRS 532.080(7). OAG 80-185 .

A county judge/executive has no authority to award good time to misdemeanants convicted in the District Court. OAG 84-352 .

Research References and Practice Aids

Cross-References.

Calculation of terms of imprisonment, Penal Code, KRS 532.120 .

Determination of release dates by Commissioner of Department of Corrections, KRS 196.070 .

Kentucky Bench & Bar.

Combs, The Calculation and Application of Prison Sentences., Vol. 70, No. 5, September 2006, Ky. Bench & Bar 7.

Coy, A Brief Look at the Kentucky Parole System., Vol. 70, No. 5, September 2006, Ky. Bench & Bar 13.

Kentucky Law Journal.

West, Criminal Law, 74 Ky. L.J. 403 (1985-86).

Northern Kentucky Law Review.

Bartlett, Alternative Sanctions and the Governor’s Crime Bill of 1998 (HB 455): Another Attempt at Providing a Framework for Efficient and Effective Sentencing, 27 N. Ky. L. Rev. 283 (2000).

Treatises

Petrilli, Kentucky Family Law, Juvenile Court, § 32.24.

197.047. Credit on sentence for work on governmental services program-related project — Eligibility — Computation of credit — Forfeiture of credit.

    1. As used in this section, “governmental services program-related project” means a project involving work for: (1) (a) As used in this section, “governmental services program-related project” means a project involving work for:
      1. The Commonwealth or an agency of the Commonwealth; or
      2. A county, urban-county, charter county, city, consolidated local government, special district, or an agency of any of these entities.
    2. Work on a governmental services program shall not confer private benefit on a person except as may be incidental to the public benefit.
  1. The department shall promulgate an administrative regulation governing prisoners working on governmental services program-related projects.
  2. A prisoner shall not begin work on a particular governmental services program-related project without the approval of the director of the relevant entity referred to in subsection (1)(a) of this section, or the director’s designee.
  3. Participation in governmental services program-related projects shall not be deemed employment for any purpose, and a prisoner shall not be deemed an employee or agent of the entity for which he or she performs the community service work.
  4. A Department of Corrections administrative regulation shall set forth the amount of compensation a prisoner shall earn for any work-related project, and any prisoner who works on a governmental services program shall receive an amount equal to one-half (1/2) of the established compensation for such work and shall be eligible to receive a sentence credit as set forth below.
  5. The sentence credit provisions of this section shall not apply to a prisoner who is serving a:
    1. Sentence of imprisonment for life without possibility of parole;
    2. Sentence for a violent offense as defined in KRS 439.3401 ;
    3. Sentence for escape or attempted escape; or
    4. Sentence for a sex crime as defined in KRS 17.500 .
  6. The department may grant sentence credits to inmates confined in a detention facility for labor performed in a governmental services program or within a detention facility for the maintenance of the facility or for the operation of facility services such as food service.
  7. Credit, if granted, shall be uniform and shall be based on the following:
    1. For every eight (8) full hours of work, one (1) sentence credit shall be earned;
    2. For every five (5) sentence credits earned, one (1) day of the sentence to be served by the inmate shall be deducted; and
    3. Sentence credits shall be deducted from the maximum expiration date of the sentence.
  8. The department may forfeit any credit previously earned by the prisoner or deny the prisoner the right to earn this work credit or the right to earn work credit in any amount if, during the term of imprisonment, a prisoner commits any offense or violates the rules of the institution.
  9. Any other provision of law to the contrary notwithstanding, the labor of state inmates shall not be used on any construction, building, or building maintenance project outside the prison where use of such labor would reduce skilled employment opportunities of citizens of the Commonwealth. Skilled employment includes but is not limited to labor ordinarily performed by skilled tradespersons.

History. Enact. Acts 2003, ch. 79, § 1, effective June 24, 2003.

NOTES TO DECISIONS

1. In General.

By employing Ky. Rev. Stat. Ann. § 532.120 to define the way multiple consecutive sentences are to be summed into an aggregate, a single whole or total formed by combining several elements, the General Assembly made clear its intent that the several consecutive sentences imposed in a judgment be viewed as a single unit. Thus, a violent offender confined under consecutive sentences must be regarded as undergoing a single, continuous term of confinement, which is satisfied by discharge of that unit of time, rather than a series of distinct, independent terms. Without authority in either the general sentencing statute or Ky. Rev. Stat. Ann. § 197.047 for unpacking an aggregate sentence, neither the Kentucky Department of Corrections nor the courts are at liberty to do so. Ky. Dep't of Corr. v. Dixon, 572 S.W.3d 46, 2019 Ky. LEXIS 141 ( Ky. 2019 ).

By its terms, Ky. Rev. Stat. Ann. § 197.047(6)(b) applies to a prisoner serving a violent-offense sentence rather than to the sentence for that specific violent offense, i.e., the emphasis is on any inmate serving a violent offender sentence. Nothing in the work-credit statute authorizes a violent offender serving an aggregate sentence for both violent and nonviolent crimes to have his sentence partitioned into violent and nonviolent portions, just as nothing in the general sentencing statute allows such breaking of an aggregate sentence into discrete parts. Ky. Dep't of Corr. v. Dixon, 572 S.W.3d 46, 2019 Ky. LEXIS 141 ( Ky. 2019 ).

Inmate’s habeas petition which alleged an unfair parole revocation hearing in violation of his constitutional rights was denied because KRS 439.344 applied to the inmate rather than a subsequently enacted law, KRS 197.047 did not require the Department of Corrections to award “work for time” credit, there was no constitutional right to parole, and there was no due process violation with regard to the parole hearing. Lang v. Ky. State Parole Bd., 2005 U.S. Dist. LEXIS 19406 (E.D. Ky. Sept. 6, 2005).

Ky. Rev. Stat. Ann. § 197.047 allows work-time sentence credit to inmates, but the credit is not available to a prisoner who is serving a sentence for a violent offense. Ky. Dep't of Corr. v. Dixon, 572 S.W.3d 46, 2019 Ky. LEXIS 141 ( Ky. 2019 ).

Prohibition in Ky. Rev. Stat. Ann. § 197.047(6)(b) applies to the aggregate sentence rather than disallowing work-time credit for only a component violent-offense sentence. Ky. Dep't of Corr. v. Dixon, 572 S.W.3d 46, 2019 Ky. LEXIS 141 ( Ky. 2019 ).

When a criminal defendant is serving consecutive, indeterminate sentences, Ky. Rev. Stat. Ann. § 532.120(1)(b) directs that those sentences are to be combined into an aggregate term, i.e., a single, continuous sentence. The disallowance of work-time sentence credit to a violent offender in Ky. Rev. Stat. Ann. § 197.047 applies to the single, continuous sentence; the violent offender cannot receive work-time credit on nonviolent sentences which have merged into the whole. Ky. Dep't of Corr. v. Dixon, 572 S.W.3d 46, 2019 Ky. LEXIS 141 ( Ky. 2019 ).

Research References and Practice Aids

Kentucky Bench & Bar.

Combs, The Calculation and Application of Prison Sentences., Vol. 70, No. 5, September 2006, Ky. Bench & Bar 7.

197.050. Warden to inform prisoners of law on escapes.

The warden of the penitentiary shall cause each prisoner, when received into the penitentiary, to be informed of the contents of Chapter 520 and KRS 506.010 .

History. 1233: amend. Acts 1980, ch. 188, § 147, effective July 15, 1980; 1984, ch. 401, § 3, effective July 13, 1984.

Research References and Practice Aids

Cross-References.

Escape of convicts, KRS 440.010 , 502.020 , 506.010 , 520.020 to 520.040 , 520.110 to 520.130 .

197.055. Education program on AIDS — Policies for inmates — Testing program.

  1. The Department of Corrections, in conjunction with the Cabinet for Health and Family Services, shall establish a mandatory introductory and continuing education program on human immunodeficiency virus and acquired immunodeficiency syndrome for all inmates. Programs shall be specifically designed for inmates while incarcerated and in preparation for release into the community. Consideration shall be given to cultural and other relevant differences among inmates in the development of educational materials and shall include emphasis on behavior and attitude change. The education program shall be continuously updated to reflect the latest medical information available.
  2. If there is evidence that an inmate, while in the custody of the department, has engaged in behavior which places the inmate at a high risk of transmitting or contracting a human immunodeficiency disorder, the department shall begin a testing program which is consistent with guidelines of the Centers for Disease Control and recommendations of the correctional medical authority and shall target persons who have been involved in or reasonably thought to have been involved in a high-risk behavior. For purposes of this subsection, “high-risk behavior” includes:
    1. Sexual contact with any person within the institution;
    2. The use of intravenous drugs;
    3. Tattooing; and
    4. Any other activity medically known to transmit the virus.
  3. The results of the tests shall become a part of that inmate’s medical file, accessible only to persons designated by agency administrative regulations.
  4. The department shall establish policies consistent with guidelines of the Centers for Disease Control and recommendations of the correctional medical authority on the housing, physical contact, dining, recreation, and exercise hours or locations for inmates with immunodeficiency disorders as are medically indicated and consistent with the proper operation of its facilities.
  5. The department shall report to the General Assembly by July 1 each year as to the implementation of this program and the participation by inmates and staff.
  6. If an inmate is involved in a situation with a department employee which could result, according to the institution’s physician, in the transmission of the human immunodeficiency virus infection, the inmate shall be tested.
  7. All testing procedures, disclosure, and payment shall be pursuant to KRS 438.250 .

History. Enact. Acts 1990, ch. 443, § 36, effective July 13, 1990; 1992, ch. 211, § 47, effective July 14, 1992; 1994, ch. 309, § 3, effective July 15, 1994; 1998, ch. 426, § 131, effective July 15, 1998; 2005, ch. 99, § 171, effective June 20, 2005.

Legislative Research Commission Notes.

(11/19/91). No subsection (3) was contained in this statute as enacted in 1990 Acts ch. 443, § 36. Pursuant to KRS 7.136(1), the Reviser of Statutes has renumbered the subsections of this statute to correct this problem.

Research References and Practice Aids

Northern Kentucky Law Review.

Braden, Aids: Dealing With the Plague, 19 N. Ky. L. Rev. 277 (1992).

197.057. Course for inmates on prevention of pediatric abusive head trauma.

  1. The department shall make available a one and one-half (1.5) hour course for inmates that addresses the prevention of pediatric abusive head trauma, as defined in KRS 620.020 . In addition to presenting the consequences of vigorously shaking an infant or young child, this course shall suggest methods of calming crying infants, techniques for caregivers to use to calm themselves when confronted with an infant that is crying inconsolably, and discuss selecting appropriate care providers for infant children. Training in recognizing pediatric abusive head trauma may be designed in collaboration with organizations and agencies that specialize in the prevention and recognition of pediatric abusive head trauma approved by the secretary of the Cabinet for Health and Family Services.
  2. The department shall encourage local jails to provide a course similar to that described in subsection (1) of this section.

History. Enact. Acts 2010, ch. 171, § 5, effective July 15, 2010.

197.060. Classification of prisoners. [Repealed.]

Compiler’s Notes.

This section (216c-4, 3828b-10) was repealed by Acts 1942, ch. 31, § 3.

197.061. Property of inmates — Preservation of evidence or contraband. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 497, § 21, effective July 13, 1990) was repealed by Acts 1992, ch. 445, § 14, effective July 14, 1992.

Legislative Research Commission Notes.

(7/14/92). This section was amended by the 1992 Regular Session of the General Assembly and also repealed. Pursuant to KRS 446.260 , the repeal prevails.

197.065. Classification and segregation of prisoners in penal institutions — Transfer between institutions.

  1. The commissioner shall classify all prisoners and segregate the prisoners in all of the state penal institutions and reformatories according to their past records, the probability of their being rehabilitated, the influence such prisoners might exert upon fellow prisoners, and for any other purpose that the commissioner, in his discretion, may deem sufficient for the discipline of the prisoners in any institution or reformatory, and for the rehabilitation of any prisoners.
  2. For the purposes of carrying out subsection (1) of this section, the commissioner shall direct and compel the transfer of any prisoner from any penal institution or reformatory, irrespective of the order of the court committing the prisoner to any one (1) institution or reformatory.

History. Enact. Acts 1942, ch. 31, §§ 1, 2; 1982, ch. 344, § 24, effective July 15, 1982; 1992, ch. 211, § 49, effective July 14, 1992.

NOTES TO DECISIONS

1.Constitutionality.

This section and KRS 196.070 are constitutional. Swanners v. Thomas, 387 S.W.2d 307, Ky. LEXIS 468 (Ky.), cert. denied, 382 U.S. 865, 86 S. Ct. 131, 15 L. Ed. 2d 103, 1965 U.S. LEXIS 893 (U.S. 1965).

2.Liberty Interest.

This section and KRS 439.600 and 197.140 establish no liberty interest for prison inmates. Canterino v. Wilson, 869 F.2d 948, 1989 U.S. App. LEXIS 2907 (6th Cir. Ky. 1989 ).

Cited in:

Harris v. Commonwealth, 342 S.W.2d 535, 1960 Ky. LEXIS 98 ( Ky. 1960 ); Campbell County v. Commonwealth, Kentucky Corrections Cabinet, 762 S.W.2d 6, 1988 Ky. LEXIS 50 ( Ky. 1988 ).

197.070. Employment of prisoners — Manufacture of clothing — Industrial training.

  1. The Department of Corrections shall provide employment for all prisoners in the penitentiaries and it shall exhaust every resource at its command to provide employment for all prisoners in its custody.
  2. The department shall acquire necessary equipment and materials and have manufactured all clothing, except that privately furnished, that is needed for the usual and suitable clothing of all state prisoners, and of all inmates in all state institutions, who are required to be clothed by the state. The department shall acquire equipment for the manufacture and production of all other state supplies, that in the reasonable discretion of the department is deemed practicable, and shall have the products manufactured, sold, and distributed as provided in this chapter.
  3. The department shall establish industrial training in the penitentiaries and shall classify state prisoners according to the uses for prison labor and ability and talent of the prisoners, utilizing the best available local talent and other talent that may be obtained at an economical and practical cost, and shall select a suitable number of guards with the qualifications, when possible, and thereby avoid duplicate expense.

History. 3828c-3: amend. Acts 1968, ch. 76, § 1; 1974, ch. 74, Art. V, § 24(14); 1982, ch. 344, § 25, effective July 15, 1982; 1992, ch. 211, § 50, effective July 14, 1992.

NOTES TO DECISIONS

1.Workers’ Compensation.

The word “employment” as used in subsection (1) of this section does not mean that prisoners are thereby constituted “employees” as the word is commonly understood; it is simply a direction that the department (now cabinet) should make work available to occupy the time of prisoners rather than to allow them to remain idle and thus a prisoner working inside prison during his term of confinement is not an employee of the state and is not entitled to workers’ compensation benefits under KRS 342.640 (1) and (3). Tackett v. Lagrange Penitentiary, 524 S.W.2d 468, 1975 Ky. LEXIS 110 ( Ky. 1975 ).

Cited in:

Preston v. Ford, 378 F. Supp. 729, 1974 U.S. Dist. LEXIS 7329 (E.D. Ky. 1974 ).

Research References and Practice Aids

Cross-References.

Acquisition of farm lands for use of inmates of institutions, KRS 196.120 .

Interference with work of convicts or furnishing them with liquor, narcotics, weapons or explosives; penalty, KRS 506.010 , 520.050 , 520.060 .

197.080. Prisoners to manufacture license plates. [Repealed.]

Compiler’s Notes.

This section (3836a) was repealed by Acts 1954, ch. 46, § 9.

197.090. Prisoners may be required to manufacture road signs. [Repealed.]

Compiler’s Notes.

This section (3836a-1) was repealed by Acts 1954, ch. 46, § 9.

197.100. Sale of products of prison labor. [Repealed.]

Compiler’s Notes.

This section (3828c-5) was repealed by Acts 1954, ch. 46, § 9.

197.105. Prison Industry Enhancement Certification Program (PIECP) — Lease of labor of state prisoners within department’s facilities for production of nonagricultural goods for sale to public and private buyers.

  1. The department may administer a Prison Industry Enhancement Certification Program (PIECP) and may lease the labor of state prisoners within the boundaries of the state’s Department of Corrections facilities for the production of nonagricultural goods for sale to both public and private buyers, if the department meets the conditions set out in this section. This section shall apply only to the leasing of labor in accordance with a PIECP and not to programs otherwise operated by Kentucky Correctional Industries.
  2. The department shall not lease the labor of a prisoner who does not consent in writing to the leasing of that prisoner’s labor.
  3. The department shall retain full responsibility for the care, custody, and control of the prisoner and shall supply appropriate security and custody services without cost to the person leasing the labor.
  4. The department shall ensure that the prisoner is paid wages at a rate not less than that paid for work of a similar nature in the locality in which the work takes place, as determined by the Labor Cabinet, and never less than the federal minimum wage. The final decision on the appropriate wage, in keeping with federal and state labor and wage laws, shall be made by the Labor Cabinet.
  5. The department shall not allow a prisoner whose labor has been leased under this section to:
    1. Engage in work that would result in the displacement of employed workers in the specific Department of Corrections locale. As used in this paragraph, a displaced employed worker is:
      1. A civilian worker employed in the same task by the employer leasing or applying to lease prisoner labor, who would lose his or her job if the prisoner labor were leased; or
      2. A civilian worker who is employed full-time and, as a result of the prisoner labor lease, is forced to work part-time, regardless of wage increase.

        A civilian worker is not considered displaced for the purposes of this paragraph if the civilian worker remains employed in a job acceptable to that worker and at equal or higher wages than that worker previously received. The employer shall provide whatever retraining is required of the civilian worker at no cost to the civilian worker;

    2. Labor in a skill, craft, or trade in which there is a surplus of labor for that skill, craft, or trade in that specific Department of Corrections locale;
    3. Perform any work that would impair existing contracts for goods or services;
    4. Perform leased work outside of Department of Corrections facilities; or
    5. Perform leased construction work inside or outside Department of Corrections facilities.
  6. Before the commencement of any leased labor project at a Department of Corrections facility under this section, the department shall:
    1. Receive a written projection from the Labor Cabinet that the leased labor project shall not result in acts prohibited by subsection (5)(a) to (c) of this section;
    2. Receive written documentation from the employer leasing or applying to lease prisoner labor agreeing to not displace any of its nonprisoner employees with leased prisoner labor;
    3. Have written documentation of consultation with local unions representing labor in the specific Department of Corrections facility’s locale in any skill, craft, or trade in which a prisoner may labor at that facility. If a local union is not available, the department shall consult with a similar statewide union. The department shall present this information to the Kentucky State Corrections Commission;
    4. Have written documentation of consultation with local private businesses that may be economically impacted by the leased labor project. The department shall present this information to the Kentucky State Corrections Commission; and
    5. Have written documentation of compliance with the National Environmental Policy Act (NEPA).
  7. The leasing of prisoner labor shall not be deemed to create an employer-employee relationship between the person leasing the labor of the prisoner and the prisoner. However, the person leasing the labor of the prisoner shall provide for workers’ compensation coverage for the prisoner and, if applicable, Social Security coverage for the prisoner.
  8. A prisoner, as a condition of participation in a program operating under the provisions of this section, shall agree to the deductions from the prisoner’s earnings set out in this subsection. The department or the person leasing the labor of the prisoner shall deduct, in the following order, from a prisoner’s gross wages:
    1. If the prisoner is the subject of a court or administrative order for the support of a dependent, no less than twenty-five percent (25%) for the payment of the court or administratively ordered support. These deducted wages shall be paid to the Cabinet for Health and Family Services’ Child Support Enforcement Program for disbursement in accordance with federal and state law;
    2. Twenty percent (20%) to be paid to the crime victim’s compensation fund established in KRS 49.480 ;
    3. Applicable federal, state, and local taxes, including Social Security if applicable; and
    4. Reasonable room and board fees established by the department by administrative regulation. Total deductions from a prisoner’s gross wages shall not exceed eighty percent (80%).
  9. The department shall require any person leasing the labor of a prisoner to post bond, with good surety, in an amount determined by the department, against any judgment that may be entered against the department arising from the leasing of prisoner labor to that person.
  10. In leasing prisoner labor under this section, the department shall seek to have the labor leased to the highest responsible bidder.
  11. The department shall provide for reasonable access to the grounds of the Department of Corrections facilities for the person leasing the inmate labor and for the location of the work and the transporting and siting of equipment and supplies, with the security of the public being paramount.
  12. The department may promulgate administrative regulations to implement the provisions of this section.

HISTORY: Enact. Acts 2017 ch. 158, § 27, effective June 29, 2017; 2017 ch. 167, § 21, effective June 29, 2017.

Legislative Research Commission Notes.

(6/28/2019). Subsection (8)(b) of this statute, as created under 2017 Ky. Acts ch. 158, sec. 27, and amended in ch. 167, sec. 21, contained a reference to “the crime victims' compensation fund created under KRS 346.185 .” This reference has been changed to read “the crime victims' compensation fund created under KRS 49.480 .” KRS 346. 185 was repealed, reenacted as KRS 49.480 , and amended by 2017 Ky. Acts ch. 74, sec. 48, but the reference noted above was not changed to conform with renumbering during codification. The Reviser of Statutes has made this change under the authority of KRS. 7.136(1)(e).

(6/29/2017). The text of this statute was created in 2017 Ky. Acts ch. 158, sec. 27 and amended in 2017 Ky. Acts ch. 167, sec. 21.

197.110. Administrative regulations relating to classification, work, and pay of prisoners.

The Department of Corrections shall promulgate administrative regulations it deems necessary and proper in relation to:

  1. The classification of prisoners;
  2. The terms and conditions under which prisoners may be assigned to work under the direction of any other state agency;
  3. The adequate care, supervision, guarding, discipline, maintenance, transportation, and housing of prisoners when assigned to work outside of the prison. The department shall ascertain from the jailer of the county in which the work is being carried on if accommodations are available, and shall place as many prisoners as possible under the care of the jailer;
  4. The payment of money to prisoners and their dependents for work performed, including the amount to be paid and the manner of the payment and distribution thereof;
  5. Any other purposes as the department deems necessary and proper for carrying out the intent of this chapter.

History. 3828b-11: amend. Acts 1958, ch. 126, § 26; 1974, ch. 74, Art. V, § 24(14); 1982, ch. 344, § 26, effective July 15, 1982; 1992, ch. 211, § 51, effective July 14, 1992; 2007, ch. 85, § 232, effective June 26, 2007.

NOTES TO DECISIONS

1.Custody and Transfer.

Rule of Criminal Procedure 11.22, KRS 431.215 and 532.100 , and Ky. Const., § 254, dictate the Correction Cabinet (now Department of Corrections) must accept custody or transfer of convicted felons and parole violators, despite that body’s promulgation of a controlled intake policy pursuant to KRS 196.030 and this section. Campbell County v. Commonwealth, Kentucky Corrections Cabinet, 762 S.W.2d 6, 1988 Ky. LEXIS 50 ( Ky. 1988 ).

Correction Cabinet’s (now Department of Corrections) defense to contempt charges based on its inability to comply with orders to take custody of certain prisoners was fundamentally flawed; the Kentucky Constitution assigns the responsibility for care and custody of convicted felons to state government as a whole; therefore, state government, which bears the burden for correcting overcrowding in prisons, was not unable to perform, even if this individual agency of the government could claim otherwise. Campbell County v. Commonwealth, Kentucky Corrections Cabinet, 762 S.W.2d 6, 1988 Ky. LEXIS 50 ( Ky. 1988 ).

2.Immunity.

Where an inmate working as part of a work program was injured and sued the county and the jailers, since the record established that the acts of the defendants complained of were performed within the scope of their discretionary authority, and there being no evidence offered from which reasonable jurors could conclude that any of the acts complained of were performed in “bad faith,” the defendants are entitled to the protection of qualified official immunity. Rowan County v. Sloas, 201 S.W.3d 469, 2006 Ky. LEXIS 237 ( Ky. 2006 ).

3.Payment for Work.

The payment of prisoners for their work was not prohibited by Ky. Const., § 3. State Board of Charities & Corrections v. Hays, 190 Ky. 147 , 227 S.W. 282, 1920 Ky. LEXIS 554 ( Ky. 1920 ) (decided under prior law).

Payments to convicts were gratuities, and the power to grant them was a legislative function that could not be delegated to an administrative agency, but the power to determine amount of compensation within prescribed limits was administrative and not legislative. State Board of Charities & Corrections v. Hays, 190 Ky. 147 , 227 S.W. 282, 1920 Ky. LEXIS 554 ( Ky. 1920 ), overruled in part, D & W Auto Supply v. Department of Revenue, 602 S.W.2d 420, 1980 Ky. LEXIS 243 ( Ky. 1980 ), overruled on other grounds, D & W Auto Supply v. Department of Revenue, 602 S.W.2d 420, 1980 Ky. LEXIS 243 ( Ky. 1980 ) (decided under prior law).

197.120. Employment of prisoners by other state agencies — Restriction.

  1. The Department of Corrections may enter into contracts with any other state agency for the use and employment of prisoners who may be eligible for the assignments. The contracts shall specifically set forth the compensation to be paid to the Department of Corrections for the use and employment of the prisoners, for the payment of the expenses of transporting, guarding, housing, disciplining, and maintaining the prisoners while so employed. The amount to be paid shall be certified by the contracting parties to the Finance and Administration Cabinet at the end of each month and shall be charged to the appropriation of the agency liable for the payment thereof and credited to the budget of the department to be disbursed and expended as it directs. Any contract may provide for a fixed per diem compensation to be paid to the department for each day’s work performed by the prisoner and the department shall pay, out of the per diem compensation, the expenses of transporting, guarding, disciplining, housing, and maintaining prisoners as may be provided in the contracts.
  2. The Department of Corrections shall not enter into any contract with the Department of Revenue for the use or employment of prisoners in any capacity that allows prisoners access to taxpayer information, including, but not limited to, tax returns, informational reporting returns, social security numbers, telephone numbers, or addresses.

History. 3828b-12: amend. Acts 1974, ch. 74, Art. II, § 9(1), Art. V, § 24(14); 1982, ch. 344, § 27, effective July 15, 1982; 1992, ch. 211, § 52, effective July 14, 1992; 1998, ch. 383, § 1, effective July 15, 1998; 2005, ch. 85, § 618, effective June 20, 2005.

Research References and Practice Aids

Cross-References.

Cooperation between departments, KRS 12.090 .

197.130. Prisoners not to be required to work outside prison — Exceptions.

  1. Prisoners confined in the penitentiaries shall not be required to work outside of the walls or enclosures of the prison except:
    1. On the construction or maintenance of public roads and bridges;
    2. On the making and preparing of materials for public roads and bridges;
    3. On work upon the public works of the state;
    4. On state farms; or
    5. During pestilence or in the case of the destruction of prison buildings when such prisoners cannot be confined within the prison walls or enclosures.
  2. Prisoners shall not be used in any county for work in the construction, improvement or maintenance of any highway without the consent of the fiscal court of the county.

History. 3828b-13.

Research References and Practice Aids

Cross-References.

Convicts not to be worked outside prison walls, exceptions, Ky. Const., § 253.

197.140. Prisoners not eligible to be worked outside prison.

No prisoner who is serving a sentence for rape, attempted rape, or who has been convicted of robbery in the first degree, assault in the first degree, or who has been sentenced to life imprisonment shall be worked or released for work outside of the walls of the prison until he has actually served within the walls of the prison for at least one (1) year of his sentence and has been classified as minimum custody according to the Department of Corrections classification system. No prisoner who has escaped or attempted to escape from an adult correctional institution or local detention center or jail within the past five (5) years shall be worked or released for work outside of the walls of the prison.

History. 3828b-10: amend. Acts 1948, ch. 120, § 1; 1964, ch. 166, § 1; 1974, ch. 386, § 34; 1990, ch. 497, § 10, effective July 13, 1990; 1992, ch. 211, § 53, effective July 14, 1992.

NOTES TO DECISIONS

1.Constitutionality.

This section does not violate the due process and equal protection clauses of U.S. Const., amends. V & XIV. Canterino v. Wilson, 869 F.2d 948, 1989 U.S. App. LEXIS 2907 (6th Cir. Ky. 1989 ).

2.Classification of Prisoners.

Since this section focuses upon those prisoners who, because of their conviction for violent offenses or propensity for escape, would be most likely to abuse the temporary freedom of the work release program by attempting escape or causing further violence, such classification was reasonable and did not violate the equal protection clause. Wagner v. Holmes, 361 F. Supp. 895, 1973 U.S. Dist. LEXIS 12454 (E.D. Ky. 1973 ).

3.Liberty Interest.

This section and KRS 439.600 and 197.065 establish no liberty interest for prison inmates. Canterino v. Wilson, 869 F.2d 948, 1989 U.S. App. LEXIS 2907 (6th Cir. Ky. 1989 ).

Cited in:

Tate v. Frey, 673 F. Supp. 880, 1987 U.S. Dist. LEXIS 10654 (W.D. Ky. 1987 ).

Opinions of Attorney General.

In light of the history of this section, the fact that its context relates to a state prison, the fact that it is located in a chapter labelled “penitentiaries” and the fact there is no definitional statute providing otherwise, the phrase “escape from an adult correctional institution” must refer to a prison or institution of the Bureau of Corrections (now Department of Corrections); accordingly, this section does not embrace escape from a county jail and such an escape would not preclude prisoner’s transfer to a minimum security facility. OAG 81-292 .

197.150. Prisoners or dependents to receive compensation for work outside prison — Prisoners with dependents to have preference.

  1. The administrative regulations made by the Department of Corrections shall provide some definite compensation to be paid to each prisoner or his dependents for each day he works outside of the prison. The department shall collect information concerning the number and requirements of the dependents of each prisoner, and those with families of greatest dependency shall be given preference in assignments to work outside of the prison, if the record, physical ability, and conduct of the prisoner warrants preference.
  2. The administrative regulations may provide that any infraction of the regulations or of the regulations governing the discipline of the prisoners, either while confined within the walls of the prison, or while engaged in employment outside the prison, shall work a forfeiture of the benefits authorized in this section, either in whole or in part, in the discretion of the department. Payments to the prisoners or their dependents as authorized by this section shall be made subject to the regulations, as other expenses of the department, but only out of the funds made available under the provisions of the particular contract under which the prisoners have been employed.

History. 3828b-14: amend. Acts 1974, ch. 74, Art. V, § 24(14); 1982, ch. 344, § 28, effective July 15, 1982; 1992, ch. 211, § 54, effective July 14, 1992.

NOTES TO DECISIONS

1.Payment for Work.

The payment of prisoners for their work was not prohibited by Ky. Const., § 3. State Board of Charities & Corrections v. Hays, 190 Ky. 147 , 227 S.W. 282, 1920 Ky. LEXIS 554 ( Ky. 1920 ) (decided under prior law).

Payments to convicts were gratuities, and the power to grant them was a legislative function that could not be delegated to an administrative agency, but the power to determine amount of compensation within prescribed limits was administrative and not legislative. State Board of Charities & Corrections v. Hays, 190 Ky. 147 , 227 S.W. 282, 1920 Ky. LEXIS 554 ( Ky. 1920 ), overruled in part, D & W Auto Supply v. Department of Revenue, 602 S.W.2d 420, 1980 Ky. LEXIS 243 ( Ky. 1980 ), overruled on other grounds, D & W Auto Supply v. Department of Revenue, 602 S.W.2d 420, 1980 Ky. LEXIS 243 ( Ky. 1980 ) (decided under prior law).

197.160. Governor or his designee to approve contracts.

Before any contract authorized by KRS 197.120 becomes effective, it shall be approved by the Governor, or his designee in the Finance and Administration Cabinet, in writing.

History. 3828b-15: amend. Acts 1990, ch. 497, § 20, effective July 13, 1990.

197.170. Release of prisoner — Parties to be notified — Means of providing notice — Posting of notice received by law enforcement officers.

    1. The wardens of the state penitentiaries upon the release of any prisoner or inmate from confinement shall immediately notify: (1) (a) The wardens of the state penitentiaries upon the release of any prisoner or inmate from confinement shall immediately notify:
      1. The Circuit Court, the Commonwealth’s attorney of the district, and the sheriff of the county where the inmate was sentenced;
      2. The Circuit Court, the Commonwealth’s attorney of the district, the county attorney and sheriff of the county, and the chief of police of the city and county, to which the inmate is released; and
      3. Any victim, as defined in KRS 421.500 , who has requested that he or she be notified on release of a particular inmate who victimized him or her and who has forwarded a current address and telephone number to the Department of Corrections.
    2. The notice shall give the residence of the person released and the name of the person to whom he or she was released. The provisions of KRS Chapter 202A notwithstanding, the Department of Corrections may release to the public the information that a petition to involuntarily hospitalize a prisoner has been filed concerning any inmate who is scheduled to be released from custody.
  1. Notice under subsection (1) of this section shall be given by mail, fax, or electronic means at the discretion of the Department of Corrections in a manner to insure receipt.
  2. Notices received by sheriffs and chiefs of police shall be posted in a conspicuous location where personnel employed by the department may see it. Notices posted under this subsection shall remain posted for not less than seven (7) days.

History. 3827-1: amend. Acts 1976, ch. 293, § 1; 1990, ch. 435, § 2, effective July 13, 1990; 1994, ch. 396, § 8, effective July 15, 1994; 1998, ch. 606, §§ 96, 121, effective July 15, 1998; 2002, ch. 150, § 1, effective July 15, 2002.

Compiler’s Notes.

Section 197 of Acts 1998, ch. 606, provided that the 1998 amendments to this section and the 1998 amendments to KRS 197.070 and 532.060 , together with KRS 532.043 , “may be cited as the Sarah Hansen Act.”

Opinions of Attorney General.

When any one of the local officers named in this section receives formal notice from the superintendent of the penitentiary that a named convict has been released to reside in his jurisdiction, the formal notice is a public record which any person has a right to inspect under the Open Records Law; however, the local officer is not required to make any publication of the fact that he has received notice of a prisoner’s release and, therefore, any person desiring such information will have to make an inquiry from time to time and request to inspect any notices which the local officer has received. OAG 82-115 .

197.175. Release of prisoners on first day of month of sentence expiration.

The commissioner of the Department of Corrections may permit the release of the prisoners on the first day of the month in which their sentences would expire; if the first day of the month falls on Saturday, Sunday, or a legal holiday, the prisoners may be released on the last weekday of the preceding month.

History. Enact. Acts 1990, ch. 497, § 11, effective July 13, 1990; 1992, ch. 211, § 55, effective July 14, 1992.

Research References and Practice Aids

Kentucky Bench & Bar.

Combs, The Calculation and Application of Prison Sentences., Vol. 70, No. 5, September 2006, Ky. Bench & Bar 7.

197.180. Clothing and transportation to be furnished convict upon release.

The Department of Corrections shall furnish to each convict, upon the termination of his sentence, or his release by pardon or parole, a suit of serviceable clothing, suitable to the season, and transportation to a county within the borders of the Commonwealth. The transportation shall be paid by the state and shall be nontransferable.

History. 3797: amend. Acts 1974, ch. 145, § 1; 1982, ch. 344, § 29, effective July 15, 1982; 1990, ch. 497, § 17, effective July 13, 1990; 1992, ch. 211, § 56, effective July 14, 1992; 1992, ch. 445, § 12, effective July 14, 1992.

Legislative Research Commission Notes.

(7/14/92). This section was amended by two 1992 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails, pursuant to KRS 446.250 .

197.200. Department may establish facilities for manufacture of products for use of governmental agencies.

The department may purchase in the manner provided by law, equipment, raw materials, and supplies, and employ the supervisory personnel necessary to establish and maintain, industries at the penitentiary or any penal farm or institution of the department, for the purpose of utilizing the services of prisoners in the manufacture or production of articles or products, including license plates, road signs, and other articles and products needed for the construction, operation, maintenance, or use of any office, department, institution, or agency supported in whole or in part by this state or its political subdivisions.

History. Enact. Acts 1954, ch. 46, § 1; 1974, ch. 74, Art. V, § 24(14); 1982, ch. 344, § 30, effective July 15, 1982; 1992, ch. 211, § 57, effective July 14, 1992.

197.210. Purchases of prison-made products by state agencies and political subdivisions.

    1. On and after June 17, 1954, all offices, departments, institutions, agencies, and all political subdivisions which are supported in whole or in part by the Commonwealth shall purchase, when economically feasible, from the department all articles or products required which are produced or manufactured by prison labor, as provided by KRS 197.200 to 197.250 . No article or product shall be purchased by any office, department, institution, or agency, from any source except as specified in this subsection. (1) (a) On and after June 17, 1954, all offices, departments, institutions, agencies, and all political subdivisions which are supported in whole or in part by the Commonwealth shall purchase, when economically feasible, from the department all articles or products required which are produced or manufactured by prison labor, as provided by KRS 197.200 to 197.250 . No article or product shall be purchased by any office, department, institution, or agency, from any source except as specified in this subsection.
    2. Exceptions may be made in any case where, in the opinion of the Finance and Administration Cabinet, the articles or products produced or manufactured do not meet the reasonable requirements of the offices, departments, institutions, agencies, or where the requisition cannot be reasonably complied with because of an insufficient supply of the articles or products required. However, no office, department, institution, or agency shall be allowed to evade the intent and meaning of KRS 197.200 to 197.250 by slight variations from standards adopted by the Office of Material and Procurement Services within the Office of the Controller, when the articles or products produced or manufactured by the department in accordance with the standards, are reasonably adapted to the actual needs of the office, department, institution, or agency.
  1. All purchases under KRS 197.200 to 197.250 shall be made through the Finance and Administration Cabinet upon requisition by the proper authority of the office, department, institution, agency, or political subdivision of the Commonwealth.

History. Enact. Acts 1954, ch. 46, § 2; 1974, ch. 74, Art. II, § 9(1), Art. V, § 24(14); 1980, ch. 293, § 2, effective July 15, 1980; 1982, ch. 344, § 31, effective July 15, 1982; 1992, ch. 211, § 58, effective July 14, 1992; 2000, ch. 5, § 10, effective July 14, 2000; 2005, ch. 85, § 619, effective June 20, 2005.

197.220. Priority of state agencies in obtaining prison-made products.

The articles or products manufactured or produced by prison labor in accordance with the provisions of KRS 197.200 to 197.250 shall be devoted, first, to fulfilling the requirements of the offices, departments, institutions, and agencies which are supported in whole or in part by the Commonwealth, and, second, to supply the political subdivisions of this state with these articles and products.

History. Enact. Acts 1954, ch. 46, § 3; 1992, ch. 211, § 59, effective July 14, 1992.

197.230. Prices.

The department, with the approval of the Finance and Administration Cabinet, shall establish the prices at which all articles or products manufactured or produced shall be furnished.

History. Enact. Acts 1954, ch. 46, § 4; 1974, ch. 74, Art. II, § 9(1), Art. V, § 24(14); 1982, ch. 344, § 32, effective July 15, 1982; 1992, ch. 211, § 60, effective July 14, 1992.

197.240. Use of moneys from sale of products.

All moneys collected by the department from the sale or disposition of articles and products manufactured or produced by prison labor in accordance with the provisions of KRS 197.200 to 197.250 , shall be deposited with the State Treasurer and maintained as special revolving accounts, each designated as a “Trust and Agency Account.” The moneys collected and deposited shall be used for the purposes of carrying out KRS 197.200 to 197.250 , except that the moneys may be used for other than prison industry purposes within the department with the approval of the commissioner of the Department of Corrections and the Finance and Administration Cabinet.

History. Enact. Acts 1954, ch. 46, § 5; 1974, ch. 74, Art. II, § 9(1), Art. V, § 24(14); 1982, ch. 344, § 33, effective July 15, 1982; 1992, ch. 211, § 61, effective July 14, 1992.

197.250. Contracts for equipment, tools, supplies, and materials.

The department may enter into contracts approved by the State Property and Buildings Commission with any person or persons upon a self-liquidating basis respecting the acquisition and purchase of any equipment, tools, supplies, and materials, so that it may be paid for over a period of not exceeding five (5) years. The aggregate amount of the purchases or acquisitions shall not exceed two hundred and fifty thousand dollars ($250,000) unless specifically approved by the Governor and the amounts shall be payable solely out of the revenues derived from the activities authorized by KRS 197.200 to 197.250 . Nothing in this section shall be so construed or interpreted as to authorize or permit the incurring of a state debt of any kind or nature as contemplated by the Constitution.

History. Enact. Acts 1954, ch. 46, § 6; 1974, ch. 74, Art. V, § 24(14); 1982, ch. 344, § 34, effective July 15, 1982; 1992, ch. 211, § 62, effective July 14, 1992.

197.260. Prohibited sales of prison made products. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 46, § 7) was repealed by Acts 1968, ch. 152, § 168.

197.270. Voluntary chaplain program.

  1. The administrator for each facility operated by the Department of Corrections or under contract to the department is encouraged to work with local religious leaders to provide a voluntary chaplain program.
  2. An inmate shall be allowed at least one (1) visit per week by a minister, priest, or rabbi of the inmate’s choice.

History. Enact. Acts 1998, ch. 606, § 131, effective July 15, 1998.

197.275. Access to religious publications or instructional materials.

Subject to restrictions for violations of rules, any inmate of a facility operated by or under contract to the department who requests religious publications or other religious instructional materials may receive them provided:

  1. They have been purchased by or donated to the inmate; or
  2. Donated to the institution for use by inmates; and
  3. Do not constitute a threat to the security of the institution.

History. Enact. Acts 1998, ch. 606, § 133, effective July 15, 1998.

Treatment Program for Sexual Offenders

197.400. Specialized treatment program for sexual offenders.

The department shall operate a specialized treatment program for sexual offenders, hereinafter referred to as the “program.”

History. Enact. Acts 1986, ch. 478, § 1, effective July 15, 1986; 1992, ch. 211, § 63, effective July 14, 1992.

NOTES TO DECISIONS

Analysis

1.Ex Post Facto.

The application of KRS 197.400 et seq. to an appellant who was charged with criminal acts that occurred prior to the effective date of the statutes was not an improper ex post facto law since the statutes did not disadvantage the appellant. Garland v. Commonwealth, 997 S.W.2d 487, 1999 Ky. App. LEXIS 98 (Ky. Ct. App. 1999).

Kentucky Parole Board’s application of sex offender statutes, KRS 439.340(11) and KRS 197.400 to 197.440 , which had not been in effect when an inmate committed rape, did not violate the Ex Post Facto clause as there was no enhancement of punishment or elongation of a sentence. Stewart v. Commonwealth, 153 S.W.3d 789, 2005 Ky. LEXIS 12 ( Ky. 2005 ).

2.Denial of Admission to Program.

Department’s failure to provide an individualized treatment plan to enable a sex offender to qualify for the Sex Offender Treatment Program (SOTP) was not in derogation of the considerable leeway afforded the Kentucky Department of Corrections or of anything else set forth in KRS 197.400 to 197.440 ; nothing of substance was presented that showed any “personal bias or prejudice” towards an inmate who was found to be a “non-admitter” and for that reason denied admission to the full SOTP. Seymour v. Colebank, 179 S.W.3d 886, 2005 Ky. App. LEXIS 168 (Ky. Ct. App. 2005).

Notes to Unpublished Decisions

1.Class action

Unpublished decision: Where an inmate asserted that his 28 U.S.C.S. § 2241 petition for a writ of habeas corpus was not time-barred, the district court correctly found that a state class action challenging the Kentucky Sexual Offender Treatment program did not qualify as a properly filed application for state post-conviction or other collateral review, in order to toll the running of the statute of limitations under 28 U.S.C.S. § 2244(d)(2). Seaton v. Kentucky, 92 Fed. Appx. 174, 2004 U.S. App. LEXIS 1727 (6th Cir. Ky. 2004 ).

197.410. Definitions of “sexual offender,” “eligible sexual offender,” and “department.”

  1. A person is considered to be a “sexual offender” as used in this chapter when he or she has been adjudicated guilty of a sex crime, as defined in KRS 17.500 , or any similar offense in another jurisdiction.
  2. A sexual offender becomes an “eligible sexual offender” when the sentencing court or department officials, or both, determine that the offender:
    1. Has demonstrated evidence of a mental, emotional, or behavioral disorder, but not active psychosis or an intellectual disability; and
    2. Is likely to benefit from the program.
  3. “Department” is the Department of Corrections.

History. Enact. Acts 1986, ch. 478, § 2, effective July 15, 1986; 1990, ch. 497, § 18, effective July 13, 1990; 1992, ch. 211, § 64, effective July 14, 1992; 1998, ch. 606, § 186, effective July 15, 1998; 2000, ch. 401, § 31, effective April 11, 2000; 2012, ch. 146, § 28, effective July 12, 2012.

NOTES TO DECISIONS

1.Denial of Admission to Program.

Department’s failure to provide an individualized treatment plan to enable a sex offender to qualify for the Sex Offender Treatment Program (SOTP) was not in derogation of the considerable leeway afforded the Kentucky Department of Corrections or of anything else set forth in KRS 197.400 to 197.440 ; nothing of substance was presented that showed any “personal bias or prejudice” towards an inmate who was found to be a “non-admitter” and for that reason denied admission to the full SOTP. Seymour v. Colebank, 179 S.W.3d 886, 2005 Ky. App. LEXIS 168 (Ky. Ct. App. 2005).

Cited in:

Ladriere v. Commonwealth, 329 S.W.3d 278, 2010 Ky. LEXIS 259 ( Ky. 2010 ).

Research References and Practice Aids

Treatises

Petrilli, Kentucky Family Law, Juvenile Court, § 32.24.

197.420. Department of Corrections to administer program — Treatment in inpatient and outpatient environments — Transfer — Staff — Data collection.

  1. The department shall have the sole authority and responsibility for establishing by regulation the design of the specialized program created in KRS 197.400 to 197.440 .
  2. The program shall include diagnostic and treatment services in both inpatient and outpatient environments:
    1. “Diagnostic services” shall include social and family histories, medical history, educational development, interpersonal development, criminal history, psychological screening, and pre-release evaluation;
    2. “Treatment services” shall include individualized treatment plans to include individual, group, marital, and family counseling; psychoeducational courses to include sex education and victim personalization; and social skills development to include assertiveness training, stress management, and aggression management; and
    3. The department shall have the authority and responsibility for establishing other educational and work programs necessary to complement treatment program objectives.
  3. The department may transfer sexual offenders sentenced to its custody to the program and shall adopt administrative regulations concerning the transfer of sexual offenders.
  4. All sexual offenders participating in the program may be housed separately from all other incarcerated inmates but shall be housed in accordance with the department’s standard classification system.
  5. The treatment staff of the program shall minimumly consist of the following staff:
    1. A program director who has at least a master’s degree in a recognized mental health field and six (6) years’ clinical experience or a doctoral degree in a recognized mental health field and four (4) years’ clinical experience. The director shall decide program policies and supervise all staff;
    2. A clinical psychologist or a master’s degree level psychologist for each two hundred (200) participants. At least one (1) clinical psychologist shall be a member of the staff at all times; and
    3. A counselor for each fifty (50) participants.
  6. The department shall establish a system of data collection and program evaluation so as to allow study of participating sexual offenders and their offenses and to measure the impact of the program on recidivism.

History. Enact. Acts 1986, ch. 478, § 3, effective July 15, 1986; 1992, ch. 211, § 65, effective July 14, 1992.

NOTES TO DECISIONS

1.Denial of Admission to Program.

Department’s failure to provide an individualized treatment plan to enable a sex offender to qualify for the Sex Offender Treatment Program (SOTP) was not in derogation of the considerable leeway afforded the Kentucky Department of Corrections or of anything else set forth in KRS 197.400 to 197.440 ; nothing of substance was presented that showed any “personal bias or prejudice” towards an inmate who was found to be a “non-admitter” and for that reason denied admission to the full SOTP. Seymour v. Colebank, 179 S.W.3d 886, 2005 Ky. App. LEXIS 168 (Ky. Ct. App. 2005).

197.430. Agreements with public or private agencies.

The department may enter into agreements with public or private agencies in order to implement and operate the program created by KRS Chapter 197.

History. Enact. Acts 1986, ch. 478, § 4, effective July 15, 1986; 1992, ch. 211, § 66, effective July 14, 1992.

197.440. Sexual offender’s communications which are privileged.

Communications made in the application for or in the course of a sexual offender’s diagnosis and treatment in the program between a sexual offender or member of the offender’s family and any employee of the department who is assigned to work in the program, or approved provider, as defined in KRS 17.500 , shall be privileged from disclosure in any civil or criminal proceeding, other than proceedings to determine the sentence, unless the offender consents in writing to the disclosure or the communication is related to an ongoing criminal investigation. The privilege created by this section shall not extend to disclosures made for the purpose of determining whether the offender should continue to participate in the program. The provisions of KRS 620.030 shall not apply to a communication made, received, or overheard if the communication is made pursuant to this section. The offender shall be informed in writing of the limits of the privilege created in this section.

History. Enact. Acts 1986, ch. 478, § 5, effective July 15, 1986; 1992, ch. 211, § 67, effective July 14, 1992; 1992, ch. 445, § 8, effective July 14, 1992; 2000, ch. 401, § 32, effective April 11, 2000; 2006, ch. 182, § 23, effective July 12, 2006.

NOTES TO DECISIONS

1.Waiver.

Defendant’s privilege against self-incrimination was not violated by a sexual offender treatment program’s requirement that he admit his guilt where the record showed that he was aware of this requirement at the time of sentencing or shortly thereafter and neither appealed the denial of a motion to modify this requirement nor requested an alternative punishment. Razor v. Commonwealth, 960 S.W.2d 472, 1997 Ky. App. LEXIS 143 (Ky. Ct. App. 1997).

Opinions of Attorney General.

A public agency cannot grant access to documents relative to a person’s participation in a program when the agency’s records reflect that the person is not a participant in that particular program. OAG 88-30 .

Although neither KRS 197.025 nor KRS 197.400 et seq. invests a participant in the sexual offender treatment program with an unfettered right of access to all records in his treatment file, neither statute establishes an absolute bar to his access. As in all matters pertaining to records access, it is incumbent on the agencies to identify all records in the file that were withheld, and to articulate a basis for denying him access to them in terms of the requirements of the Open Records Act. If no legally defensible basis exists for denying the offender access to the other records in his file, these agencies are obligated to disclose them to him. OAG 00-ORD-221.

The communications at issue were made in the application of or in the course of diagnosis and treatment in the Sexual Offender Treatment Program consisting of factual admissions relating to the offense for which the defendant was convicted in October 1989 that he made to employees of the Department assigned to the SOTP. These communications therefore fall squarely within the parameters of the privilege contained in KRS 197.440 and access under the Open Records Act was properly denied. Moreover, the communications did not, at the time they were made, relate to an ongoing criminal investigation within the meaning of KRS 197.440 . OAG 03-ORD-39.

Privatization of Prisons

197.500. Definitions for KRS 197.505 to 197.525.

As used in KRS 197.505 to 197.525 , unless the context otherwise requires:

  1. “Adult correctional facility” means any minimum or medium adult penal or correctional facility operated for the purpose of housing convicted felons for the department; and
  2. “Private provider” means a private legal entity authorized to do business in the Commonwealth and which is in the business of establishing, operating, and managing adult correctional facilities.

History. Enact. Acts 1988, ch. 234, § 1, effective July 15, 1988; 1992, ch. 211, § 68, effective July 14, 1992; 1992, ch. 445, § 9, effective July 14, 1992; 1994, ch. 418, § 17, effective July 15, 1994; 1998, ch. 606, § 93, effective July 15, 1998; 2007, ch. 85, § 233, effective June 26, 2007.

Opinions of Attorney General.

County would be banned under Ky. Const., § 162 from paying any claim under an agreement or contract for a project involving the leasing of a detention facility (prison) used to house prisoners from outside as well as within the state, as there is no express authority of law for a county’s entry into such endeavor. OAG 90-115 .

Long-term housing of prisoners of the state of Kentucky is a function constitutionally mandated to the state, and the role sought to be assumed by a county in housing not only state prisoners, but prisoners of jurisdictions outside Kentucky, is not provided for by statute and is not a function necessary for operation of the county; accordingly, the county may not lawfully lease and operate a 336-bed detention center or prison for such purpose; such action is not necessary for operation of the county and handling the types of prisoners envisioned under this project is “otherwise provided for” by statute and the Kentucky Constitution. OAG 90-115 .

Research References and Practice Aids

Treatises

UK/CLE Public Procurement for Cities, Counties, Their Boards and Commrs § 4.37.UK/CLE Public Procurement for Cities, Counties, Their Boards and Commrs § 4.38.

197.505. Privatization of prisons — Maintenance of designated security level of the facility — Locations restricted.

  1. The state may enter into contracts with a private provider to establish, operate, and manage adult correctional facilities. In all such contracts the state shall retain clear supervisory and monitoring powers over the operation and management of the adult correctional facility to insure that the inmates are properly cared for and that the employees of the facility and the public are adequately protected.
  2. Any adult correctional facility operated by a private provider under this section shall ensure that all inmates housed in the facility, including those inmates housed under contract with another state, shall meet classification requirements as set forth by the department for the designated security level of the facility.
  3. Any adult correctional facility contracted for pursuant to this section shall be constructed only in a county with an established Department of Kentucky State Police post or in a county in which at least two (2) State Police officers reside as a result of a duty assignment or in a county with a full-time police department.

History. Enact. Acts 1988, ch. 234, § 2, effective July 15, 1988; 1994, ch. 418, § 18, effective July 15, 1994; 2003, ch. 107, § 1, effective March 18, 2003; 2007, ch. 85, § 234, effective June 26, 2007.

Opinions of Attorney General.

An adult correctional facility may be operated by a private provider only where statutory requirements for resident law enforcement personnel are met. All statutory elements must be met before privatization of a prison may be accomplished. OAG 2004-13 .

197.510. Terms of contract — Budget — Annual audit — Space requirements — Staffing requirements — Failure to provide required services, products, or facilities.

Any contract entered on or after July 15, 1988, between the state and a private provider for the operation and management of an adult correctional facility shall include terms which comply with at least the following:

  1. Unless otherwise provided by KRS 197.505 to 197.525 , any adult correctional facility contracted for pursuant to KRS 197.505 shall submit a plan to the department for achieving American Correctional Association standards within five (5) years, which is appropriate for the specific type of adult correctional facility;
  2. The provisions of KRS Chapter 45A shall apply to any contract or any proposal for a contract authorized by KRS 197.505 to 197.525 for an adult correctional facility;
  3. The adult correctional facility shall prepare an annual written budget of anticipated revenues and expenditures which is approved by the appropriate governing authority. The facility shall have written policies which govern revisions in the budget. The facility shall have a fiscal system which accounts for all income and expenditures on an on-going basis;
  4. The adult correctional facility shall prepare and distribute to its governing authority and appropriate agencies including the department, at a minimum, the following documents: annual budget income and expenditure statements; funding source financial reports; and annual independent audit report;
  5. The adult correctional facility shall have written fiscal policies and procedures adopted by the governing authority which include, at a minimum, internal controls, petty cash, bonding, signature control on checks, resident funds, and employee expense reimbursement;
  6. There shall be an annual independent audit of the adult correctional facility. The facility shall have a written policy for inventory control of all property and assets and for purchasing and requisitioning supplies and equipment. The facility shall use a method which documents and authorizes wage payment to employees and consultants;
  7. The private provider shall develop and implement a plan for the dissemination of information about the adult correctional facility to the public, government agencies, and the media. The plan shall be made available to all persons. All documents and records, except financial records, maintained by the private provider shall be deemed public records as defined by KRS 61.870 and be subject to the provisions of KRS 61.872 to 61.884 ;
  8. The adult correctional facility shall conform to all applicable zoning ordinances and all applicable state and local building codes, including the Kentucky Building Code, 1983 edition and subsequent modifications or replacements thereto;
  9. The adult correctional facility shall comply with all applicable laws and regulations of the local and state government regarding sanitation, food service, safety, and health. Copies of inspections completed by the appropriate authorities shall be sent to the department;
  10. The adult correctional facility shall comply with the provisions of the Life Safety Code, 1983 edition, National Fire Protection Association 101 and the regulations of the state or the local fire safety authority, whichever has primary jurisdiction over the adult correctional facility. Copies of the inspections completed by the appropriate authorities shall be sent to the department;
  11. A minimum of sixty (60) square feet of floor space per resident shall be provided in the living area of the adult correctional facility. Other areas to be provided shall include space and furnishings to accommodate group meetings of the residents, private counseling space with adequate furniture, and a visiting area;
  12. The adult correctional facility shall provide a variety of indoor and outdoor recreational and leisure time activities to include but not be limited to television, radio, library materials, and recreational facilities. Telephone facilities shall be available on the premises which are accessible to residents;
  13. The adult correctional facility shall provide a level and quality of programs at least equal to those provided by state-operated facilities that house similar types of inmates and at a cost that provides the state with a savings of not less than ten percent (10%) of the cost of housing inmates in similar facilities and providing similar programs to those types of inmates in state-operated facilities;
  14. The adult correctional facility shall be staffed twenty-four (24) hours per day seven (7) days per week. The staffing pattern shall be adequate to insure close inmate surveillance and maintenance of security within the facility. The staffing pattern shall address the program, transportation, and security needs of the facility. In determining security need, the proximity of the facility to neighborhood and schools shall be considered;
  15. The adult correctional facility shall have a written personnel policy and employees shall be given a copy. The personnel policies shall include, at a minimum:
    1. Organization chart;
    2. Employment practices and procedures including in-service training and staff developing;
    3. Promotions;
    4. Job qualifications and job descriptions;
    5. Grievance and appeal procedures;
    6. Employee evaluation;
    7. Personnel records;
    8. Benefits;
    9. Holidays;
    10. Leave;
    11. Hours of work;
    12. Salaries or the base for determining salaries;
    13. Disciplinary procedures;
    14. Termination; and
    15. Resignation;
  16. The adult correctional facility shall maintain written job descriptions and job qualifications for all positions in the facility, including job title, responsibilities of the positions, and required minimum experience and education. An affirmative action program shall be adopted by the governing authority. The correctional facility shall maintain a current, accurate, and confidential personnel record on each employee. The facility shall have written policy and procedures requiring an annual performance evaluation of all employees. This evaluation shall be reviewed and discussed with the employee;
  17. Prior to employment, all employees of the adult correctional facility shall be subject to thorough background investigation to include criminal, medical, and employment history. All security employees of the facility shall be at least eighteen (18) years of age. The facility shall provide initial orientation for all new employees during the first week of employment. The facility shall comply with all governmental regulatory requirements related to employment and personnel practices. Personnel selection and assignments shall be based on merit;
  18. The administrator of the adult correctional facility shall have a minimum of five (5) years’ experience in corrections or law enforcement and five (5) years’ experience in administration. The remaining staff of the facility shall have the same qualifications and training as the staff employed in similar positions in adult correctional facilities operated by the department;
  19. The adult correctional facility shall provide the following services and programs, the extent to which shall be set forth in the contract between the state and the private provider but shall be consistent with the standards of the American Correctional Association:
    1. Health and medical services;
    2. Food services;
    3. Mail, telephone use, and visitation;
    4. Access to legal services and legal materials;
    5. Vocational training;
    6. Educational programs;
    7. Counseling services including personal counseling;
    8. Drug and alcohol counseling; and
    9. Sanitation services;
  20. The adult correctional facility shall have a written fire and emergency plan for the facility which shall be communicated to all employees and inmates and updated, if needed. The facility’s written emergency plan shall be conspicuously posted in the facility. The facility staff shall document the conduct of quarterly emergency drills;
  21. The adult correctional facility shall have a written policy restricting the use of physical force to instances of justifiable self-protection, prevention of property damage, and prevention of escapes, and only to the degree necessary. In compliance with applicable laws, the facility shall maintain and make public, written policies and procedures for conducting searches of residents and all areas of the facility, to control contraband and locate missing or stolen property. The facility shall have a written plan to control movement in and out of the facility. The facility shall have written procedures to account for the whereabouts of the residents at all times;
  22. The adult correctional facility shall establish a procedure for inspecting all facility areas accessible to inmates for contraband and physical security at least weekly. Isolated security spot-checks shall be conducted daily. Items considered as contraband or items permitted in the facility shall be clearly defined in the facility’s rules;
  23. The adult correctional facility shall report all suspected felonies to the Department of Kentucky State Police for investigation. A written report shall be made of all extraordinary or unusual occurrences within twenty-four (24) hours of the occurrence. This report shall be placed in the inmate’s folder and a copy forwarded to the department. All these occurrences shall be promptly reported to the department verbally prior to submission of the written report. Extraordinary or unusual occurrences shall include but not be limited to:
    1. Death of a resident;
    2. Attempted suicide or suicide;
    3. Serious injury, whether accidental or self-inflicted;
    4. Attempted escape or escape from confinement;
    5. Fire;
    6. Riot;
    7. Battery, whether by a staff member or resident;
    8. Sexual assaults; and
    9. Occurrence of contagious or infectious disease or illness within the facility;
  24. Each adult correctional facility shall have written policy and procedures for emergency situations including but not limited to:
    1. Escapes;
    2. Taking of hostages;
    3. Riots;
    4. Food poisoning;
    5. Civil disturbances in the community;
    6. Natural disaster;
    7. Suicides; and
    8. Other deaths and disorder;
  25. The adult correctional facility shall adopt a written policy and procedures which shall insure that the constitutional rights of inmates to voluntarily practice their own religious activities are protected, subject only to those limitations necessary to maintain order and security of the facility;
  26. The adult correctional facility shall adopt a written policy which shall be implemented to insure that no inmate or group of inmates is in a position of control or authority over other inmates;
  27. The adult correctional facility shall have a policy and procedure for recommending awarding of meritorious good time for inmates in accordance with policies and procedures of the department. The procedures shall include formation of a committee to include an administrator to screen all recommendations. The recommendations shall be sent to the department. Recommendations for restoration of good time shall be screened by the same committee and forwarded to the department;
  28. If the adult correctional facility operates a canteen, all profits shall be spent for recreational programs for inmates. Prices shall be in accordance with those established by the Department of Corrections Inmate Canteen Board;
  29. The department shall have the authority to conduct periodic, scheduled, and unannounced inspections of the adult correctional facility during the term of the contract. The department shall generally observe and monitor the operations of the adult correctional facility at least once per week;
  30. The contract shall provide a hold harmless clause by which the private provider agrees to indemnify, defend, and hold harmless the Commonwealth, its officers, agents, and employees from:
    1. Any claims or losses for service rendered by the private provider, person, or firm performing or supplying services in connection with performance of the contract;
    2. Any claims or losses to any person or firm injured or damaged by the erroneous or negligent acts of the private provider, its officers, or employees in the performance of the contract;
    3. Any claims or losses resulting to any person or firm injured or damaged by the private provider, its officers, or employees by the publication, translation, reproduction, delivery, performance, use, or disposition of any data processed under the contract in a manner not authorized by the contract, or by federal or Commonwealth regulations or statutes; and
    4. Any failure of the private provider, its officers, or employees to observe Kentucky laws, including but not limited to labor laws and minimum wage laws;
  31. The contract shall require that the private provider give a performance bond to the Commonwealth as obligee, in form satisfactory to the Commonwealth, executed by a surety company authorized to do business in Kentucky and in the penal sum equal to: twenty percent (20%) multiplied by the maximum number of inmates to be housed in the adult correctional facility multiplied by three hundred sixty-five (365) and further multiplied by the rate to be paid the private provider per inmate per day;
  32. The private provider shall provide public liability, property damage, and workers’ compensation insurance, insuring, as they may appear, the interest of all parties of agreement against any and all claims which may arise out of the private provider’s operations under the terms of this contract. If any carrier of the insurance exercises cancellation, notice shall be made immediately to the Commonwealth of the cancellation; and
  33. As set forth within the contract between the Department of Corrections and the private provider:
    1. Failure of the private provider to provide the required services, products, or facilities shall entitle the department to withhold from the contract an amount up to two (2) times the estimated value per day per inmate for the service, product, or facility during the entire length of time which the failure to provide exists;
    2. The department shall in writing notify the provider of any failure to provide services, products, or facilities as required. A copy of the written notice shall be sent to the Finance and Administration Cabinet. The private provider shall have fourteen (14) calendar days from its receipt of the notice to abate the failure to provide and to notify the department of the corrective action taken by the private provider;
    3. In the event the department determines that the failure to provide has not been abated within fourteen (14) calendar days after the initial notice, the commissioner of the Department of Corrections shall hold, or assign the matter to a hearing officer for, a hearing and issue findings of fact, conclusions of law, and a recommended order;
    4. Failure to provide services, products, or facilities as required in this agreement shall result in an order to withhold from the contract an amount up to two (2) times the estimated value, as determined after a hearing, per day per inmate for the service, product, or facility during the entire length of time which the failure to provide exists;
    5. The withholding shall continue until such time as the failure to provide is corrected in the manner stated in the order;
    6. The department and private provider shall in good faith negotiate the actual fair value of the omitted service, product, or facility which shall be subtracted from the amount withheld. The balance of the withholding, if any, shall be promptly returned to the private provider upon final agreement of the department and private provider. Additional withholding from the contract shall be made by the department if an additional amount is due; and
    7. The provider may appeal, within thirty (30) days, any order of the department to the Franklin Circuit Court.

History. Enact. Acts 1988, ch. 234, § 3, effective July 15, 1988; 1992, ch. 211, § 69, effective July 14, 1992; 1992, ch. 445, § 10, effective July 14, 1992; 1994, ch. 418, § 5, effective July 15, 1994; 2006, ch. 90, § 1, effective July 12, 2006; 2007, ch. 85, § 235, effective June 26, 2007.

Legislative Research Commission Notes.

(7/14/92). This section was amended by two 1992 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails, pursuant to KRS 446.250 .

Opinions of Attorney General.

County would be banned under Ky. Const., § 162 from paying any claim under an agreement or contract for a project involving the leasing of a detention facility (prison) used to house prisoners from outside as well as within the state, as there is no express authority of law for a county’s entry into such endeavor. OAG 90-115 .

Long-term housing of prisoners of the state of Kentucky is a function constitutionally mandated to the state, and the role sought to be assumed by a county in housing not only state prisoners, but prisoners of jurisdictions outside Kentucky, is not provided for by statute and is not a function necessary for operation of the county; accordingly, the county may not lawfully lease and operate a 336-bed detention center or prison for such purpose; such action is not necessary for operation of the county and handling the types of prisoners envisioned under this project is “otherwise provided for” by statute and the Kentucky Constitution. OAG 90-115 .

The Department of Corrections properly denied a request for records relating to canteen operations at the Lee and Marion Adjustment Centers pursuant to KRS 61.878(1)(k) (now KRS 61.878(1)( l )), which incorporates the prohibition on release of financial records maintained by the private provider found at subsection (7) of this section. OAG 94-ORD-27.

197.515. Performance evaluations.

The department shall annually conduct a performance evaluation of any adult correctional facility for which a private provider has contracted to operate. The department shall make a written report of its findings and submit this report along with any recommendations to the private provider and the Legislative Research Commission.

History. Enact. Acts 1988, ch. 234, § 4, effective July 15, 1988; 1992, ch. 211, § 70, effective July 14, 1992.

197.520. Experience requirements.

In order for a private provider to enter into a contract with the state for the establishment, operation or management of an adult correctional facility, it shall submit to the state specific documentation that it has demonstrated experience in the establishment, operation or management of adult correctional facilities.

History. Enact. Acts 1988, ch. 234, § 5, effective July 15, 1988.

197.525. Regulatory authority of department.

  1. In any provision of KRS 197.505 to 197.525 which requires the private provider or adult correctional facility to establish or implement a policy or procedure governing a particular activity or duty, the department shall first approve the policy or procedure before it shall become effective.
  2. Consistent with the provisions of KRS 197.505 to 197.525 , the department shall promulgate administrative regulations governing the standards, operation, and management of adult correctional facilities which may be contracted for pursuant to KRS 197.505 .

History. Enact. Acts 1988, ch. 234, § 6, effective July 15, 1988; 1992, ch. 211, § 71, effective July 14, 1992.

197.530. Assessment of fine or penalty against private provider — Notice — Hearing — Appeal.

  1. As set forth within the contract between the Department of Corrections and the private provider: The department may recommend to the secretary of the Finance and Administration Cabinet the assessment of an administrative fine against the private provider of not more than five thousand dollars ($5,000) for the violation of each and any term of the contract, or of KRS 197.510 . Recommendation of fine or penalty assessment by the department shall occur only after a notice of intent to do so has been presented by registered mail to the private provider. The notice of intent shall incorporate the findings of the department and other agencies, if appropriate.
  2. The private provider may, within seventy-two (72) hours of the receipt of the notice of intent, request in writing a hearing before an objective hearing officer of the Attorney General’s Office. The secretary of the Finance and Administration Cabinet shall by order issue, modify, or repeal the recommended fine or penalty. The amount of any fine or penalty shall be consistent with the hearing officer’s recommendations resulting from the administrative hearing. The private provider may, at its discretion, waive its right to an administrative hearing.
  3. Appeals from any fine or penalty assessed pursuant to this section shall be granted as a matter of right, and shall be taken to the Franklin Circuit Court within thirty (30) days from the date the fine or penalty is issued by the secretary of the Finance and Administration Cabinet.

History. Enact. Acts 1994, ch. 418, § 6, effective July 15, 1994.

197.535. Authority of persons acting as private provider.

All persons, while acting for a private provider pursuant to the provisions of KRS 197.505 to 197.525 in any capacity entailing the maintenance of custody over any prisoners, shall have the power and authority of peace officers, including the authority granted to Department of Corrections employees pursuant to KRS 196.037(2).

History. Enact. Acts 1998, ch. 606, § 94, effective July 15, 1998.

197.540. Irrevocable letter of credit as substitute for performance bond — Protection of state’s interest in continual level of prison beds.

  1. When KRS 197.510 or any other statute relating to contracting for the private operation of prisons requires a performance bond, an irrevocable letter of credit or a performance bond in a form satisfactory to the Commonwealth may be substituted.
  2. The contract shall also protect the state’s interest in providing a continual level of prison beds available without a sudden drop in the number of prison beds available or the need to release inmates or provide for their transfer to other facilities.

History. Enact. Acts 1998, ch. 606, § 95, effective July 15, 1998.

Penalties

197.990. Penalties.

Any person who willfully violates any of the provisions of KRS 197.200 to 197.250 for which no other penalty is herein provided, shall be fined not less than ten dollars ($10) nor more than five hundred dollars ($500), or confined in jail for not less than ten (10) days nor more than one (1) year, or both.

History. Enact. Acts 1954, ch. 46, § 8.

Compiler’s Notes.

Former subsection (2) of this section was repealed by Acts 1968, ch. 152, § 168.

CHAPTER 198 Houses of Reform [Repealed]

198.010. Department of Welfare to accept gifts to houses of reform. [Repealed.]

Compiler’s Notes.

This section (2095b-4) was repealed by Acts 1952, ch. 161, § 61.

198.020. Type of buildings; segregation of inmates. [Repealed.]

Compiler’s Notes.

This section (2095b-7) was repealed by Acts 1952, ch. 161, § 61.

198.030. Boys and girls to be in separate institutions; races separated. [Repealed.]

Compiler’s Notes.

This section (2095b-24, 2095b-28) was repealed by Acts 1952, ch. 161, § 61.

198.040. Aim of houses of reform; qualifications of employes. [Repealed.]

Compiler’s Notes.

This section (2095b-8) was repealed by Acts 1952, ch. 161, § 61.

198.050. Education and training of inmates. [Repealed.]

Compiler’s Notes.

This section (2095b-18, 2095b-25) was repealed by Acts 1952, ch. 161, § 61.

198.060. Employment of inmates; use of products. [Repealed.]

Compiler’s Notes.

This section (2095b-20) was repealed by Acts 1952, ch. 161, § 61.

198.070. Bonds of officers and employes. [Repealed.]

Compiler’s Notes.

This section (2095b-20) was repealed by Acts 1946, ch. 27, § 33.

198.080. Fees for conveyance of child to house of reform. [Repealed.]

Compiler’s Notes.

This section (2095b-13, 2095b-13a, 2095b-29) was repealed by Acts 1952, ch. 161, § 61.

198.090. Counties to contribute to maintenance. [Repealed.]

Compiler’s Notes.

This section (2095b-13a, 2095b-29) was repealed by Acts 1952, ch. 161, § 61.

198.100. Removal of convicts from penitentiary to house of reform. [Repealed.]

Compiler’s Notes.

This section (2095b-19) was repealed by Acts 1942, ch. 31, § 3.

198.110. Girls may be released on trial; visiting agents. [Repealed.]

Compiler’s Notes.

This section (2095b-27) was repealed by Acts 1952, ch. 161, § 61.

CHAPTER 198A Low-Cost Housing

198A.010. Definitions for chapter.

As used in this chapter, the following words and terms, unless the context clearly indicates a different meaning, shall have the following respective meanings:

  1. “Area median income” means the greater of the statewide median family income or the median family income for the area in which the residence is located, as calculated each year by the federal Department of Housing and Urban Development for use in determining eligibility for housing programs;
  2. “Bonds” or “notes” means the bonds or bond anticipation notes authorized to be issued by the corporation under this chapter but shall not include any fund notes;
  3. “Commonwealth” means the Commonwealth of Kentucky;
  4. “Corporation” means the Kentucky Housing Corporation created by this chapter;
  5. “Sponsors” means persons, corporations, associations, partnerships, or other entities, consumer housing cooperatives and limited dividend housing corporations, associations, partnerships, or other entities organized pursuant to the Kentucky Revised Statutes for the primary purpose of providing housing to persons and families of lower and moderate income, and shall include without limitation organizations engaged in the production, origination, and development of residential housing units intended to qualify for financial assistance pursuant to Section 8 of the United States Housing Act of 1937, as amended;
  6. “Development costs” means the costs approved by the corporation as appropriate expenditures and credits which may be incurred by sponsors of residential housing, prior to commitment and initial advance of the proceeds of a construction loan or of a mortgage loan, including but not limited to:
    1. Payments for options to purchase properties on the proposed residential housing site, deposits on contracts of purchase, or, with prior approval of the corporation, payments for the purchase of properties;
    2. Legal and organizational expenses, including payments of attorney’s fees, project manager, clerical, and other staff salaries, office rent, and other incidental expenses;
    3. Payment of fees for preliminary feasibility studies and advances for planning, engineering, and architectural work;
    4. Expenses for tenant surveys and market analyses;
    5. Necessary application and other fees; and
    6. Credits allowed by the corporation to recognize the value of service provided at no cost by the sponsors, builders, and/or developers;
  7. “Fund notes” means the notes authorized to be issued by the corporation under the provisions of KRS 198A.080 ;
  8. “Governmental agency” means any city, county, or other political subdivision of the Commonwealth, the Commonwealth and any department, division, or public agency thereof, the federal government or any political subdivision of any other state, any public housing authority or any nonprofit corporation or other entity legally empowered to act on behalf of any of the foregoing to perform the duties of a public housing authority, or any two (2) or more thereof;
  9. “Housing development fund” means the housing development fund created by KRS 198A.080 ;
  10. “Insured construction loan” means a construction loan for land development or residential housing which is secured by a mortgage either insured or guaranteed by or for which there is a commitment to insure or guarantee by:
    1. The United States of America or any agency or instrumentality thereof; or
    2. Any other entity which has been duly approved for the insuring of such loans by the United States of America or by the Commonwealth of Kentucky or any agency or instrumentality thereof;
  11. “Insured mortgage” or “insured mortgage loan” means a mortgage loan for land development for residential housing or for residential housing either made, insured, or guaranteed by or for which there is a commitment to make, insure, and guarantee by:
    1. The United States of America or any agency or instrumentality thereof; or
    2. Any other entity, including private mortgage insurance, which has been duly approved for the insuring of such loans by the United States of America or by the Commonwealth or any agency or instrumentality thereof and shall also refer to and mean any loan for residential housing not secured by mortgage which is insured or guaranteed to at least eighty-five percent (85%) of its principal amount by the United States of America or any agency or instrumentality thereof;
  12. “Land development” means the process of acquiring land primarily for residential housing construction for persons and families of lower and moderate income and making, installing, or constructing nonresidential housing improvements, including water, sewer, and other utilities, roads, streets, curbs, gutters, sidewalks, storm drainage facilities, and other installations or works, whether on or off the site, which the corporation deems necessary or desirable to prepare the land primarily for residential housing construction;
  13. “Obligations” means any bonds, bond anticipation notes, or fund notes authorized to be issued by the corporation under the provisions of this chapter;
  14. “Persons and families of lower and moderate income” shall include only those individuals whose family income combined does not exceed the income requirements defined under Section 143 of the Internal Revenue Code of 1986, as amended;
  15. “Residential housing” means a specific work or improvement undertaken primarily to provide dwelling accommodations for persons and families of lower and moderate income, including the acquisition, construction, or rehabilitation of land, buildings, and improvements, and other nonhousing facilities as may be incidental; and
  16. “Tenant programs and services” means services and activities for persons and families living in residential housing, including the following:
    1. Counseling on household management, housekeeping, budgeting, and money management;
    2. Child care and similar matters;
    3. Access to available community services related to job training and placement, education, health, welfare, and other community services;
    4. Guard and other matters related to the physical security of the housing residents;
    5. Effective management-tenant relations, including tenant participation in all aspects of housing administration, management, and maintenance;
    6. Physical improvements of the housing, including buildings, recreational and community facilities, safety measures, and removal of code violations;
    7. Advisory services for tenants in the creation of tenant organizations which will assume a meaningful and responsible role in the planning and carrying out of housing affairs; and
    8. Procedures whereby tenants, either individually or in a group, may be given a hearing on questions relating to management policies and practices, either in general or in relation to an individual or family.

History. Enact. Acts 1972, ch. 70, § 3; 1974, ch. 383, § 1; 1976, ch. 364, § 1; 1978, ch. 220, § 1, effective June 17, 1978; 1982, ch. 99, § 1, effective March 23, 1982; 1982, ch. 182, § 1, effective July 15, 1982; 1986, ch. 87, § 1, effective July 15, 1986; 1988, ch. 215, § 1, effective July 15, 1988; 2002, ch. 61, § 1, effective March 15, 2002; 2011, ch. 23, § 1, effective March 15, 2011.

Compiler’s Notes.

Section 8 of the United States Housing Act of 1937, referred to in subsection (5), is compiled as 42 USCS § 1437f.

Opinions of Attorney General.

The phrase “limited dividend housing corporations” as used in subsection (3) [now subsection (4)] of this section has reference to a housing corporation which is relatively nonprofit. OAG 74-447 .

Acts 1982, ch. 99, does not apply retroactively, only prospectively and, thus, it has no retroactive application where the Kentucky Housing Corporation has engaged in contractual commitment and where the originators and/or servicers have engaged in contractual commitment with persons furnished housing under the 1981 - Series A Bond Issue or furnished housing under prior bond issues where new loan commitments are made; the key is prior contractual commitment on the part of KHC, its originators and/or servicers and persons furnished housing under those programs and, in any event, the prohibition of Ky. Const., § 19 must be strictly observed. OAG 82-195 .

The new income guideline concept written into subdivision (13) of this section by the 1982 amendment by ch. 99 is not applicable to the 1981 - Series A Bond Issue; thus the Kentucky Housing Corporation guidelines that were in existence at the time of the subject bond issue apply. OAG 82-195 .

198A.015. Kentucky Housing Corporation’s status as a de jure political subdivision.

The General Assembly of the Commonwealth of Kentucky hereby finds and determines that in order to comply with technical income tax rules and regulations proposed to be adopted by the Department of the Treasury, Internal Revenue Service, with regard to the issuance of securities by states and political subdivisions thereof, it is appropriate and proper that the Kentucky Housing Corporation’s status as a de jure political subdivision of the Commonwealth of Kentucky be confirmed by adoption of appropriate clarifying amendments to the Kentucky Revised Statutes.

History. Enact. Acts 1976, ch. 200, § 1, effective March 29, 1976.

198A.020. Policy and purpose.

  1. The General Assembly hereby finds and declares that as a result of the spread of slum conditions and blight to formerly sound urban and rural neighborhoods and as a result of actions involving highways, public facilities and urban renewal activities there exists in the Commonwealth a serious shortage of decent, safe and sanitary residential housing available at prices or rentals which can be afforded by persons and families of lower and moderate income. This shortage is severe in certain urban areas of the state, is especially critical in the rural areas, and is inimical to the health, safety, welfare and prosperity of all residents of the Commonwealth and to the sound growth of Kentucky communities.
  2. The General Assembly hereby finds and declares further that private enterprise and investment have not been able to produce, without assistance, the needed construction of decent, safe and sanitary residential housing at low prices or rentals which persons and families of lower and moderate income can afford, or to achieve the urgently needed rehabilitation of much of the present supply of residential housing available for persons and families of lower and moderate income. It is imperative that the supply of residential housing for persons and families of lower and moderate income affected by the spread of slum conditions and blight and for persons and families of lower and moderate income displaced by public actions or natural disaster be increased; and that private enterprise and investment be encouraged to sponsor, build and rehabilitate residential housing for such persons and families, to help prevent the recurrence of slum conditions and blight and assist in their permanent elimination throughout the Commonwealth.
  3. The General Assembly hereby finds and declares further that the purposes of this chapter are to provide financing for development costs, land development and residential housing construction, new or rehabilitated, for sale or rental to persons and families of lower and moderate income.
  4. The General Assembly hereby finds and declares further that in accomplishing this purpose, the Kentucky Housing Corporation shall be and constitute a de jure municipal corporation and political subdivision of the Commonwealth of Kentucky created for the performance of essential public functions and the serving of public purposes in improving and promoting the health, welfare and prosperity of the people of the Commonwealth of Kentucky by the production of residential housing.

History. Enact. Acts 1972, ch. 70, § 2; 1976, ch. 200, § 2; 1978, ch. 220, § 2, effective June 17, 1978; 1982, ch. 99, § 2, effective March 23, 1982.

198A.025. State policy on housing.

The General Assembly hereby finds and declares it to be in the public interest to establish a state policy on housing. The objectives of a Kentucky housing policy shall be to:

  1. Encourage the availability of decent and affordable housing for all Kentucky residents;
  2. Identify the basic housing needs of all Kentuckians, including the elderly, persons of low and very low income, the disabled, the homeless, and single-parent households;
  3. Coordinate housing activities and services among state departments and agencies to ensure program flexibility and comprehensive housing production;
  4. Remove administrative and regulatory guidelines to ensure compatibility in the development of affordable housing for all Kentuckians;
  5. Inventory state owned lands and buildings to evaluate utilization for both public and private housing development;
  6. Encourage and strengthen collaborative planning and partnerships among social service providers, all levels of government, and the public and private sectors, including for-profit and nonprofit organizations, in the production of affordable housing;
  7. Reevaluate housing and housing-related programs and policies to ensure proper coordination of those programs and policies;
  8. Coordinate housing into comprehensive community and economic development strategies at the state and local levels;
  9. Encourage local planning commissions to include a housing element in the five (5) year comprehensive plan; and
  10. Discourage housing policies or strategies which concentrate affordable housing in limited sections of metropolitan areas and county jurisdiction.

History. Enact. Acts 1996, ch. 50, § 1, effective July 15, 1996.

198A.030. Kentucky Housing Corporation established — Board of directors — Officers of corporation and duties.

  1. There is hereby created and established an independent, de jure municipal corporation and political subdivision of the Commonwealth which shall be a public body corporate and politic to be known as the Kentucky Housing Corporation.
  2. The Kentucky Housing Corporation is created and established as a de jure municipal corporation and political subdivision of the Commonwealth to perform essential governmental and public functions and purposes in improving and otherwise promoting the health and general welfare of the people by the production of residential housing in Kentucky.
  3. The corporation shall be governed by a board of directors, consisting of fifteen (15) members, five (5) of whom shall be the Lieutenant Governor, the secretary of the Finance and Administration Cabinet, the commissioner of the Department for Local Government, the Attorney General, and the secretary of the Cabinet for Economic Development, or their duly appointed designees, as public directors, and ten (10) private directors who shall be appointed by the Governor, subject to confirmation by the Senate as provided by KRS 11.160 , as follows:
    1. One (1) private director representing the interests of financial lending institutions located within the Commonwealth;
    2. One (1) private director representing the interests of the manufactured housing industry within the Commonwealth;
    3. One (1) private director representing the interests of real estate practitioners licensed by the Kentucky Real Estate Commission;
    4. One (1) private director representing the interests of the homeless population within the Commonwealth;
    5. One (1) private director representing the interests of local government;
    6. One (1) private director representing the interests of the home construction industry in the Commonwealth;
    7. One (1) private director representing the interests of consumers in the Commonwealth;
    8. One (1) private director representing the interests of the Kentucky State Building Trades Council;
    9. One (1) director representing the interests of nonprofit housing organizations located within the Commonwealth; and
    10. One (1) director having significant professional experience in auditing, financial accounting, municipal bond financing, or investment banking.
  4. Private directors appointed by the Governor may include previous members of the board, and members may be reappointed for successive terms. All appointments shall be for four (4) years, and the appointees shall serve until a qualified successor is appointed.
  5. In case of a vacancy, the Governor may appoint a person for the vacancy to hold office during the remainder of the term. A vacancy shall be filled in accordance with the requirement and procedures for appointments.
  6. The Governor may remove any private director whom he may appoint in case of incompetency, neglect of duty, gross immorality, or malfeasance in office, and he may declare his office vacant and may appoint a person for the vacancy as provided in this section.
  7. The Governor shall designate a director of the corporation to serve as chairman. The term of the chairman shall extend to the earlier of either the date of expiration of his then current term as a director of the corporation or a date six (6) months after the expiration of the then current term of the Governor designating the chairman.
  8. The board of directors shall annually elect one (1) of its members as vice chairman. The board of directors shall also elect or appoint, and prescribe the duties of, other officers the board of directors deems necessary or advisable, including an executive director and a secretary, and the board of directors shall fix the compensation of the officers.
  9. The executive director shall administer, manage, and direct the affairs and business of the corporation, subject to the policies, control, and direction of the board of directors of the corporation. The secretary of the corporation shall keep a record of the proceedings of the corporation and shall be custodian of all books, documents, and papers filed with the corporation, the minute book or journal of the corporation, and its official seal. The secretary shall have authority to cause copies to be made of all minutes and other records and documents of the corporation and to give certificates under the official seal of the corporation to the effect that copies are true copies, and all persons dealing with the corporation may rely upon the certificates.
  10. A majority of the board of directors of the corporation shall constitute a quorum for the purposes of conducting its business and exercising its powers and for all other purposes. A majority shall be determined by excluding any existing vacancies from the total number of directors.
  11. Action shall be taken by the corporation upon a vote of a majority of the directors present at a meeting at which a quorum shall exist called upon three (3) days’ written notice to each director or upon the concurrence of at least eight (8) directors.
  12. Each private director shall be entitled to a fee of one hundred dollars ($100) for attendance at each meeting of the board of directors or duly called committee meeting of the board.

History. Enact. Acts 1972, ch. 70, § 4; 1974, ch. 257, § 7; 1974, ch. 383, § 2; 1976, ch. 200, § 13; 1976, ch. 210, § 6; 1978, ch. 154, § 16, effective June 17, 1978; 1978, ch. 155, § 121, effective June 17, 1978; 1978, ch. 220, § 3, effective June 17, 1978; 1978, ch. 384, § 571, effective June 17, 1978; 1980, ch. 141, § 6, effective July 15, 1980; 1980, ch. 295, § 46, effective July 15, 1980; 1982, ch. 182, § 2, effective July 15, 1982; 1982, ch. 396, § 49, effective July 15, 1982; 1984, ch. 339, § 3, effective July 13, 1984; 1992, ch. 289, § 1, effective July 14, 1992; 1998, ch. 69, § 69, effective July 15, 1998; 2005, ch. 85, § 620, effective June 20, 2005; 2007, ch. 47, § 86, effective June 26, 2007; 2009, ch. 12, § 46, effective June 25, 2009; 2010, ch. 117, § 82, effective July 15, 2010.

NOTES TO DECISIONS

Cited in:

Bedell v. H.R.C., Ltd., 522 F. Supp. 732, 1981 U.S. Dist. LEXIS 14698 (E.D. Ky. 1981 ).

Opinions of Attorney General.

This section was amended by two acts in 1974 which were compiled together by the Legislative Research Commission pursuant to KRS 7.123 and 7.136 whereby the attorney general and the administrator of the Kentucky program development office were removed from the board of directors of the Kentucky housing corporation and the director of the office for local government was added to the board. OAG 74-521 .

From the standpoint of the incompatible offices provisions of Ky. Const., § 165 and KRS 61.080 , state officers are not prohibited from holding positions on the boards of directors of the Kentucky Housing Corporation and the Kentucky Higher Education Student Loan Corporation when those officers are holding positions specifically authorized by subsection (3) of this section and KRS 164A.050(3) because where a statute provides for the appointment of specifically designated public officers to hold another public office, these public officers hold their second public office in an “ex officio” capacity, which eliminates the possibility of a constitutional or statutory incompatibility. OAG 91-208 .

The Board of Directors for the public agency, the Kentucky Housing Corporation, has the discretion to elect one of its own members as an executive director or may appoint an individual who is not a member of the Board of Directors; however, the Board of Directors has no statutory authority to make this election or appointment by means of a “personal service contract.” OAG 92-18 .

The word “elect” within the meaning of subsection (8) of this section refers to selection of one of the members of the Board of Directors to serve as an executive director or other officer of the public agency. OAG 92-18 .

The word “appoint” as used in subsection (8) of this section refers to the employment of an individual other than a member of the Board of Directors of the public agency. OAG 92-18 .

198A.035. Advisory committee on housing policy.

  1. The Kentucky Housing Corporation shall oversee the development and implementation of the Kentucky housing policy. The corporation shall create an advisory committee on housing policy consisting of the following:
    1. The following nine (9) state government members, or their duly appointed designees: the commissioner of education; commissioner of the Department for Local Government; commissioner of the Department of Housing, Buildings and Construction; secretary of the Energy and Environment Cabinet; secretary of the Cabinet for Health and Family Services; executive director of the Human Rights Commission; state historic preservation officer; secretary of the Transportation Cabinet; and executive director of the Kentucky Housing Corporation;
    2. At-large members shall be appointed by the chairman of the board of directors of the Kentucky Housing Corporation. There shall be one (1) at-large representative for each of the following:
      1. Public housing authorities;
      2. Mortgage banking industry;
      3. Manufactured housing industry;
      4. Realtors;
      5. Homebuilders;
      6. Urban nonprofit housing organizations;
      7. Rural nonprofit housing organizations;
      8. Urban advocates for the homeless;
      9. Rural advocates for the homeless;
      10. Residents of economically diverse urban neighborhoods;
      11. Residents of economically diverse rural neighborhoods;
      12. Rental property providers;
      13. Advocates for persons with physical disabilities;
      14. Advocates for persons with mental disabilities;
      15. The Kentucky State Building Trades Council;
      16. The Kentucky League of Cities; and
      17. The Kentucky Association of Counties; and
    3. One (1) member of the Senate and one (1) member of the House of Representatives.
  2. State government members and General Assembly members shall serve on the advisory committee during the term of their elected or appointed state government positions. Members appointed as provided by subsection (1)(b) of this section shall be appointed for four (4) year terms, except that initially five (5) shall be appointed for two (2) year terms, six (6) shall be appointed for three (3) year terms, and six (6) shall be appointed for four (4) year terms.
  3. The advisory committee shall meet at least quarterly and hold additional meetings as necessary. Eleven (11) members of the committee shall constitute a quorum for the purposes of conducting business and exercising its powers for all purposes.
  4. Any vacancy shall be filled as provided by the requirements and procedures for the initial appointment and only for the remainder of the term of the initial appointment.
  5. Any at-large member may be removed at any time, with or without cause, by resolution of a majority of the board of directors of the corporation.
  6. The advisory committee shall consult with and advise the officers and directors of the corporation concerning matters relating to the Kentucky housing policy.
  7. The corporation shall annually report its findings and recommendations regarding the Kentucky housing policy to the Governor and the Interim Joint Committee on Local Government of the Legislative Research Commission.
  8. The advisory committee shall elect a presiding officer from among its members and may establish its own rules of procedure which shall not be inconsistent with the provisions of this chapter.
  9. Members of the advisory committee shall serve without compensation. Members who are not employees of the Commonwealth shall be entitled to reimbursement for actual expenses incurred in carrying out their duties on the committee.
  10. The Kentucky Housing Corporation shall provide the staff and funding for the administrative activities of the advisory committee. The Kentucky Housing Corporation shall perform all budgeting, procurement, and other administrative activities necessary to the functioning of the advisory committee. The advisory committee may authorize studies as it deems necessary and utilize Kentucky Housing Corporation funds and other available resources from the public or private sector to provide housing needs data.

History. Enact. Acts 1996, ch. 50, § 2, effective July 15, 1996; 1998, ch. 69, § 70, effective July 15, 1998; 1998, ch. 426, § 132, effective July 15, 1998; 2000, ch. 7, § 1, effective July 14, 2000; 2004, ch. 105, § 19, effective July 13, 2004; 2005, ch. 99, § 43, effective June 20, 2005; 2007, ch. 47, § 87, effective June 26, 2007; 2010, ch. 24, § 243, effective July 15, 2010; 2010, ch. 117, § 83, effective July 15, 2010.

Legislative Research Commission Notes.

(7/15/2010). This section was amended by 2010 Ky. Acts chs. 24 and 117, which do not appear to be in conflict and have been codified together.

198A.040. Corporate powers.

The corporation shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including but without limiting the generality of the foregoing the power:

  1. To make or participate in the making of insured construction loans to sponsors of land development or residential housing; provided, however, that such loans shall be made only upon the determination by the corporation that construction loans have been refused in writing, wholly or in part, from private lenders in the Commonwealth of Kentucky upon reasonably equivalent terms and conditions;
  2. To make or participate in the making of insured mortgage loans to sponsors of residential housing; provided, however, that such loans shall be made only upon the determination by the corporation that mortgage loans have been refused in writing, wholly or in part, from private lenders in the Commonwealth of Kentucky upon reasonably equivalent terms and conditions;
  3. To purchase or participate in the purchase of insured mortgage loans made to sponsors of residential housing or to persons of lower and moderate income for residential housing; provided, however, that any such purchase shall be made only upon the determination by the corporation that mortgage loans have been refused in writing, wholly or in part, from private lenders in the Commonwealth of Kentucky upon reasonably equivalent terms and conditions;
  4. To make temporary loans from the housing development fund;
  5. To collect and pay reasonable fees and charges in connection with making, purchasing and servicing its loans, notes, bonds, commitments, and other evidences of indebtedness;
  6. To acquire real property, or any interest therein, by purchase, foreclosure, lease, sublease, or otherwise; to own, manage, operate, hold, clear, improve, and rehabilitate such real property; and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber such real property where such use of real property is necessary or appropriate to the purpose of the Kentucky Housing Corporation;
  7. To sell, at public or private sale, all or any part of any mortgage or other instrument or document securing a construction, land development, mortgage, or temporary loan of any type permitted by this chapter;
  8. To procure insurance against any loss in connection with its operations in such amounts, and from such insurers, as it may deem necessary or desirable;
  9. To consent, whenever it deems it necessary or desirable in the fulfillment of its corporate purposes, to the modification of the rate of interest, time of payment of any installment of principal or interest, or any other terms of any mortgage loan, mortgage loan commitment, construction loan, temporary loan, contract, or agreement of any kind to which the corporation is a party;
  10. To acquire, establish, operate, lease, and sublease residential housing for persons and families of lower and moderate income and to enter into agreements or other transactions with any federal, state, or local governmental agency for the purpose of providing adequate living quarters for such persons and families in cities and counties where a need has been found for such housing and where no local housing authorities or other organizations exist to fill such need;
  11. To include in any borrowing such amounts as may be deemed necessary by the corporation to pay financing charges, interest on the obligations for a period not exceeding two (2) years from their date, consultant, advisory, and legal fees and such other expenses as are necessary or incident to such borrowing;
  12. To make and publish rules and regulations respecting its lending programs and such other rules and regulations as are necessary to effectuate its corporate purposes;
  13. To provide technical and advisory services to sponsors of residential housing and to residents and potential residents thereof, including but not limited to housing selection and purchase procedures, family budgeting, property use and maintenance, household management, and utilization of community resources;
  14. To promote research and development in scientific methods of constructing low cost residential housing of high durability;
  15. To encourage community organizations to participate in residential housing development;
  16. To make, execute, and effectuate any and all agreements or other documents with any governmental agency or any person, corporation, association, partnership, or other organization or entity, necessary to accomplish the purposes of this chapter;
  17. To accept gifts, devises, bequests, grants, loans, appropriations, revenue sharing, other financing and assistance, and any other aid from any source whatsoever and to agree to, and to comply with, conditions attached thereto;
  18. To sue and be sued in its own name and plead and be impleaded;
  19. To maintain an office in the city of Frankfort and at such other place or places as it may determine;
  20. To adopt an official seal and alter the same at pleasure;
  21. To adopt bylaws for the regulation of its affairs and the conduct of its business and to prescribe rules, regulations, and policies in connection with the performance of its functions and duties;
  22. To employ fiscal consultants, engineers, attorneys, real estate counselors, appraisers, and such other consultants and employees as may be required in the judgment of the corporation and to fix and pay their compensation from funds available to the corporation therefor, provided that any personal service contracts entered into shall be subject to review by the Government Contract Review Committee of the Legislative Research Commission;
  23. To invest any funds held in reserve or in sinking fund accounts or any moneys not required for immediate disbursement in obligations guaranteed by the Commonwealth, the United States, or their agencies or instrumentalities; provided, however, that the return on such investments shall not violate any rulings of the Internal Revenue Service regarding the investment of the proceeds of any federally tax exempt bond issue;
  24. To make or participate in the making of rehabilitation loans to the sponsors or owners of residential housing; provided, however, that any such rehabilitation loan shall be made only upon the determination by the corporation that the rehabilitation loan was not otherwise available wholly or in part from private lenders upon reasonably equivalent terms and conditions;
  25. To insure or reinsure construction, mortgage, and rehabilitation loans on residential housing; provided, however, that any such insurance, reinsurance, or waiver shall be made only upon the determination by the corporation:
    1. That such insurance or reinsurance is not otherwise available wholly or in part from private insurers upon reasonably equivalent terms and conditions; and
    2. That such loan is a reasonably sound business investment; and provided further that insurance may be waived only where the corporation finds that the amount of the loan does not exceed eighty-five percent (85%) of the development costs, or eighty-five percent (85%) of the value of the property secured by the mortgage as determined by at least two (2) appraisers who are independent of the sponsors, builders, and developers;
  26. To make grants from appropriated funds, agency and trust funds, and any other funds from any source available to the corporation, to sponsors, municipalities, local housing authorities, and to owners of residential housing for the development, construction, rehabilitation, or maintenance of residential housing and such facilities related thereto as corporation shall deem important for a proper living environment, all on such terms and conditions as may be deemed appropriate by the corporation;
  27. To make periodic grants to reduce principal and interest payments on mortgages or rentals payable by persons and families of lower and moderate income;
    1. To make a grant to reduce principal and interest payments on a mortgage or a rental payable by a regular member of the United States Armed Forces who names Kentucky as home of record for military purposes, during that member’s deployment on active duty outside the United States, or payable by a member of a state National Guard or a Reserve component who names Kentucky as home of record for military purposes, during that member’s federal active duty. To qualify for a grant, a member shall meet reasonable standards established by the corporation, including having family income equal to or less than two hundred percent (200%) of the state or area median income; and (28) (a) To make a grant to reduce principal and interest payments on a mortgage or a rental payable by a regular member of the United States Armed Forces who names Kentucky as home of record for military purposes, during that member’s deployment on active duty outside the United States, or payable by a member of a state National Guard or a Reserve component who names Kentucky as home of record for military purposes, during that member’s federal active duty. To qualify for a grant, a member shall meet reasonable standards established by the corporation, including having family income equal to or less than two hundred percent (200%) of the state or area median income; and
    2. To provide a member identified in paragraph (a) of this subsection and that member’s Kentucky resident spouse with the educational, technical, and ombudsman services that are necessary to maintain a mortgage during that member’s federal active duty;
  28. To establish a program to assist persons and families of lower and moderate income to help defray the cost of assessment and decontamination services required under KRS 224.1-410 . To qualify for the program, a person shall meet reasonable standards established by the corporation. A person shall not be eligible for the program if convicted of a felony or found by the corporation to be responsible for contamination of the relevant property through methamphetamine production. The corporation shall report on the establishment and use of this program to the Legislative Research Commission by October 1 of each year;
  29. To establish single-family mortgage-lending programs outside of the mortgage revenue bond funds. To qualify for these programs, a person shall meet reasonable standards established by the corporation and shall have a combined family income that is equal to or less than one hundred seventy-five percent (175%) of the greater of the state or area median income; and
  30. To perform the following activities for lenders, holders, housing finance agencies, or other third-party entities, who are located within or without the boundaries of the Commonwealth:
    1. Service mortgage loans;
    2. Administer federal or state program contracts; and
    3. Perform other housing activities to facilitate the delivery or preservation of affordable housing.

The Kentucky Housing Corporation shall be exempt from the regulations of the Department of Insurance and the laws of the Commonwealth relating thereto.

History. Enact. Acts 1972, ch. 70, § 5; 1974, ch. 383, § 3; 1976, ch. 364, § 2; 1978, ch. 220, § 4, effective June 17, 1978; 1982, ch. 99, § 3, effective March 23, 1982; 1982, ch. 182, § 3, effective July 15, 1982; 1998, ch. 486, § 8, effective July 15, 1998; 2006, ch. 252, Part XXVIII, § 7, effective April 25, 2006; 2007, ch. 55, § 1, effective June 26, 2007; 2007, ch. 83, § 2, effective June 26, 2007; 2008, ch. 161, § 3, effective July 15, 2008; 2010, ch. 24, § 244, effective July 15, 2010; 2011, ch. 23, § 2, effective March 15, 2011; 2014, ch. 28, § 1, effective July 15, 2014.

Opinions of Attorney General.

If a letter was mailed by a corporation to all recognized lenders in a given geographical area describing the type of loans proposed to be made by the corporation and inquiring of the private lenders as to whether or not they wished to make loans on similar terms and conditions, written response in the negative from the private lenders would constitute a refusal in writing as contemplated by the 1978 amendment to this section and would satisfy the intent of the Legislature. OAG 78-666 .

Since the “writing” mentioned in subsections (1), (2) and (3) of this section refers to “loans” in the plural, it necessarily follows that the General Assembly must have contemplated that the “writing” in question would refer to more than one loan. OAG 78-666 .

The Legislature did not intend that the Kentucky Housing Corporation require, as a condition precedent to the making of a loan, that the applicant tender a statement as part of his application establishing that he had been turned down by a private lender for a loan of the same type. OAG 78-666 .

Since the Kentucky building code is the controlling authority with respect to the Kentucky board of buildings, housing and construction the board may not promulgate regulations which conflict with the building code but may, however, issue regulations which explain, clarify, or supplement the code and although the building code will control any issue to which it directly refers, any ambiguity or change in circumstances not directly addressed in the code may be controlled by reasonable rules and regulations issued by the department. OAG 80-648 .

The Kentucky Housing Corporation is the only entity with statewide authority to administer performance-based HUD rental subsidy contracts in Kentucky; no out-of-state entity would have authority under Kentucky law to administer such contracts in the Commonwealth. OAG 12-004 , 2012 Ky. AG LEXIS 79.

198A.050. Administration of programs by executive director — Requirements.

  1. In the administration of the programs authorized by or receiving benefits under KRS 198A.040 , the executive director of the Kentucky Housing Corporation shall require:
    1. That to the greatest extent feasible opportunities for training and employment arising in connection with the planning, construction, rehabilitation, and operation of housing assisted under such programs shall be given to persons of lower and moderate income residing in the area of such housing; and
    2. That to the greatest extent feasible contracts for work to be performed pursuant to such programs shall be awarded to business concerns, including but not limited to individuals or firms doing business in the fields of design, architecture, building construction, rehabilitation, maintenance or repair, located in or owned in substantial part by persons residing in the area of such housing.
  2. In the administration of rental residential housing assisted under this chapter, the executive director of the Kentucky Housing Corporation shall require maximum feasible tenant participation and responsibility in tenant programs and services.
  3. The executive director of the Kentucky Housing Corporation shall establish standards of performance for materials, methods and design which meet the minimum requirements of appropriate federal or state agencies.

History. Enact. Acts 1972, ch. 70, § 6; 1974, ch. 383, § 4; 1982, ch. 99, § 4, effective March 23, 1982.

Opinions of Attorney General.

Since the Kentucky Building Code is the controlling authority with respect to the Kentucky Board of Buildings, Housing and Construction the board may not promulgate regulations which conflict with the Building Code but may, however, issue regulations which explain, clarify, or supplement the code and although the Building Code will control any issue to which it directly refers, any ambiguity or change in circumstances not directly addressed in the code may be controlled by reasonable rules and regulations issued by the department. OAG 80-648 .

198A.060. Requirements for loan agreement or articles of incorporation of assisted entities — Limit on return of investment of stockholders or members.

  1. The loan agreement or the articles of incorporation, association, partnership or other governing documents of any sponsor, builder or developer assisted under this chapter shall contain, in addition to other requirements of law:
    1. That the corporation, cooperative or association has been organized to provide housing facilities and such social, recreational, commercial and community facilities as may be incidental or appurtenant thereto for persons or families of lower and moderate income;
    2. That the operations of the corporation, cooperative or association may be supervised by the Kentucky Housing Corporation and that the corporation, cooperative or association shall enter into such agreements with the Kentucky Housing Corporation as the Kentucky Housing Corporation from time to time requires, providing for regulation by the Kentucky Housing Corporation of the planning, development and management of any residential housing undertaken by the corporation, cooperative or association and their disposition of the property and franchises;
    3. That the Kentucky Housing Corporation shall have the power to appoint to the board of directors of the corporation, cooperative or association a number of new directors, which number shall be sufficient to constitute a majority of the board, if the corporation, cooperative or association has received a loan or advance under this chapter and the Kentucky Housing Corporation determines that the loan or advance is in jeopardy of not being repaid, or that the residential housing for which the loan or advance was made is in jeopardy of not being constructed.
  2. The articles of incorporation, association, partnership or other governing documents of any limited dividend corporation, association or entity of any sponsor, builder or developer assisted under this chapter shall provide, in addition to other requirements of law, that every stockholder or member shall be deemed to have agreed that he shall not receive from the corporation, association or entity in repayment of his investment any sums in excess of the face value of the investment attributable to his respective interest plus cumulative dividend payments at such rate as the Kentucky Housing Corporation deems to be reasonable and proper.

History. Enact. Acts 1972, ch. 70, § 7; 1976, ch. 364, § 3; 1982, ch. 99, § 5, effective March 23, 1982; 1982, ch. 182, § 4, effective July 15, 1982.

Legislative Research Commission Notes.

This section was amended by two 1982 Acts which do not appear to be in conflict and have been compiled together.

198A.065. Waiver of income — Eligibility requirements.

  1. The General Assembly of the Commonwealth of Kentucky hereby finds and determines that in order to provide for the greatest possible participation by the corporation in programs for the insurance or guarantee of mortgage loans for the construction or rehabilitation of residential housing projects by the United States of America, or an agency or instrumentality thereof; or by any other entity, including private mortgage insurance, which has been duly approved for these loans by the United States of America or by the Commonwealth or any agency or instrumentality thereof, if the criteria for state approval are specified in administrative regulations promulgated under KRS Chapter 13A by the state agency granting the approval; or for mortgage loans that are insured or reinsured by the corporation under KRS 198A.040(25), it is appropriate and proper that there be provision by which the maximum amounts of income for persons and families of lower and moderate income established by this chapter may be waived in certain circumstances so that the corporation may insure or reinsure mortgage loans or qualify for insurance or guarantee of mortgage loans.
  2. Notwithstanding the requirements of KRS 198A.010(14), 198A.060(1), or any other provisions of law to the contrary, the corporation may, by action of its board of directors, suspend or terminate any income-eligibility requirements established by this chapter, subject to subsection (3) of this section, upon written request of any private mortgage insurance company or any agency or instrumentality of the United States of America which has insured or guaranteed mortgage loans made by the corporation for the construction or rehabilitation of a specific residential housing project or for any mortgage loan insured or reinsured by the corporation under KRS 198A.040(25), upon a finding by the board of directors of the existence of one (1) or more of the following conditions with respect to that project:
    1. Serious rental or occupancy problems which threaten the financial stability of the project, defined as a project which cannot meet its debt service obligation from available rental income; or
    2. A default as to one (1) or more of the terms of the mortgage loan; or
    3. A foreclosure of the mortgage loan; or
    4. A conveyance of real estate by a deed in lieu of foreclosure.
  3. If the corporation suspends or terminates income eligibility requirements relating to a project financed by a loan which is insured or guaranteed by a private mortgage insurance company or the corporation, the corporation shall file with the Legislative Research Commission notice of, and an explanation of the need for, the suspension or termination. The Commission shall refer the notice and explanation to the appropriate interim joint subcommittee for review. The corporation shall also provide to the reviewing subcommittee information relating to the management of, and plans for, the project.

History. Enact. Acts 1988, ch. 215, § 2, effective July 15, 1988; 1994, ch. 310, § 1, effective July 15, 1994; 2011, ch. 23, § 3, effective March 15, 2011.

198A.067. Ordinance required for financing for certain multifamily housing. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts. 1988, ch. 215, § 3, effective July 15, 1988; 2002, ch. 346, § 198, effective July 15, 2002) was repealed by Acts 2013, ch. 12, § 3, effective June 25, 2013.

198A.070. State not liable for obligations of the Kentucky Housing Corporation.

  1. Obligations issued under the provisions of this chapter shall not be deemed to constitute a debt, liability or obligation of the state or of any political subdivision thereof or a pledge of the faith and credit of the state or of any such political subdivision, but shall be payable solely from the revenues or assets of the corporation. Each obligation issued under this chapter shall contain on the face thereof a statement to the effect that the corporation shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor and that neither the faith and credit nor the taxing power of the state or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such obligation.
  2. Expenses incurred by the corporation in carrying out the provisions of this chapter may be made payable from funds provided pursuant to this chapter and no liability shall be incurred by the corporation hereunder beyond the extent to which moneys shall have been so provided.

History. Enact. Acts 1972, ch. 70, § 8.

Opinions of Attorney General.

“The obligation of contract” within the federal and state prohibitions against impairment extends to contracts between a state or political subdivision and private persons, as well as to contracts between private persons; thus the sweeping prohibition of Ky. Const., § 19, applies to Kentucky Housing Corporation (KHC) business, regardless of this section, relating to the specific nature of the obligations of KHC. OAG 82-195 .

198A.080. Housing development fund — Use to include repair of existing housing.

  1. There is hereby created and established a loan fund to be known as the housing development fund and to be administered by the corporation as a trust fund separate and distinct from all other moneys, funds, or assets administered by the corporation.
  2. The housing development fund shall be comprised of and the corporation is hereby authorized to receive and accept for the housing development fund the proceeds of grants, contributions, appropriations, repayment of loans made from the fund, the proceeds of fund notes, and any other moneys which may be made available to the corporation for the purposes of the housing development fund from any other source. The corporation is hereby authorized to receive and accept from any source whatever any grants or contributions for the housing development fund. The corporation is authorized to provide for the issuance, at one (1) time or from time to time, of housing development fund notes for the purpose of providing funds for such fund; provided, however, that not more than $5,000,000 fund notes or other borrowings shall be outstanding at any one (1) time. The principal of and the interest on any such fund notes shall be payable solely from the housing development fund. The fund notes of each issue shall be dated, shall mature at such time or times not exceeding ten (10) years from their date or dates, and may be made redeemable before maturity, at the option of the corporation, at such price or prices and under such terms and conditions as may be determined by the corporation. The corporation shall determine the form and manner of execution of the fund notes, including any interest coupons to be attached thereto, and shall fix the denomination or denominations and the place or places of payment of principal and interest, which may be any bank or trust company within or without the state or any agent, including the lender. In case any officer whose signature or a facsimile of whose signature shall appear on any fund notes or coupons attached thereto shall cease to be such officer before the delivery thereof, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. The fund notes may be issued in coupon or in registered form, or both, as the corporation may determine, and provision may be made for the registration of any coupon fund notes as to principal alone and also as to both principal and interest, and for the reconversion into coupon fund notes of any fund notes registered as to both principal and interest, and for the interchange of registered and coupon fund notes. Any such fund notes shall bear interest at such rate or rates as may be determined by the corporation and may be sold in such manner, either at public or private sale, and for such price as the corporation shall determine to be for the best interest of the corporation and best effectuate the purposes of this chapter.
  3. The proceeds of any fund notes shall be used solely for the purposes for which issued and shall be disbursed in such manner and under such restrictions, if any, as the corporation may provide in the resolution authorizing the issuance of such fund notes. The corporation may provide for the replacement of any fund notes which shall become mutilated or shall be destroyed or lost.
  4. Fund notes may be issued under the provisions of this section without obtaining the consent of any department, division, commission, board, body, bureau, or agency of the state, and without any other proceedings or the happening of any conditions or things other than those proceedings, conditions, or things which are specifically required by this chapter and the provisions of the resolution authorizing the issuance of such fund notes.
  5. The purpose of the housing development fund is to provide a source from which the corporation may make loans and grants, and the corporation is authorized to make loans and grants from the housing development fund, at such interest rate or rates and such term or terms as may be determined by the corporation to be for the best interest of the corporation and best effectuate the purpose of this chapter, and with such security for repayment as the corporation deems reasonably necessary and practicable, to:
    1. Defray development costs of sponsors, builders, and developers of residential housing, or
    2. Provide to persons and families of lower and moderate income who are applying for mortgages, either for purchase or rehabilitation of residential housing the amounts required to make down payments, pay closing costs, or make interest payments, or
    3. Make or participate in the making of construction loans which are not federally insured to sponsors, builders, and developers of land development or residential housing; provided, however, that such loans shall be made only upon the determination by the corporation that construction loans are not otherwise available, wholly or in part, from private lenders upon reasonably equivalent terms and conditions.
  6. No temporary loans shall be made by the corporation from the housing development fund except in accordance with a written agreement which shall include, without limitation, the following terms and conditions:
    1. The proceeds of such loan shall be used only for the purpose for which such loan shall have been made as provided in the agreement;
    2. Such loan shall be repaid in full as provided in the agreement;
    3. All repayments in connection with a loan to defray development costs shall be made concurrent with receipt by the borrower of the proceeds of a construction loan or mortgage loan, as the case may be, or at such other times as the corporation deems reasonably necessary or practicable; and
    4. Such security for repayment shall be specified and shall be upon such terms and conditions as the corporation deems reasonably necessary or practicable to insure all repayments.
  7. No funds from the housing development fund shall be used to carry on propaganda or otherwise attempt to influence legislation.
    1. Notwithstanding other provisions of this section, the corporation may make loans secured by a mortgage from the housing development fund to enable a person sixty-two (62) years of age or older who owns the home in which he resides, whose income combined with his spouse does not exceed six thousand dollars ($6,000), and who meets any other reasonable standards established by the corporation to make repairs to his home including but not limited to siding, weatherstripping, roofing, gutters, electrical wiring, plumbing, and installation of sewers. (8) (a) Notwithstanding other provisions of this section, the corporation may make loans secured by a mortgage from the housing development fund to enable a person sixty-two (62) years of age or older who owns the home in which he resides, whose income combined with his spouse does not exceed six thousand dollars ($6,000), and who meets any other reasonable standards established by the corporation to make repairs to his home including but not limited to siding, weatherstripping, roofing, gutters, electrical wiring, plumbing, and installation of sewers.
    2. The maximum principal amount of such loans shall not exceed seven thousand dollars ($7,000) and the maximum interest rate shall not exceed three percent (3%). All loans shall be repayable over a period of thirty (30) years. Upon the death of the borrowers prior to maturity, the unpaid balance shall be paid in full by the person to whom the house has passed by devise or descent.
    3. The corporation shall make loans under this section in an equal number in each of the six (6) congressional districts.

History. Enact. Acts 1972, ch. 70, § 9; 1974, ch. 383, § 5; 1976, ch. 364, § 4; 1980, ch. 308, § 1, effective July 15, 1980; 1982, ch. 99, § 6, effective March 23, 1982; 1982, ch. 182, § 5, effective July 15, 1982; 1992, ch. 235, § 6, effective July 14, 1992.

Compiler’s Notes.

Section 9 of Acts 1992, ch. 235, provides:

“The terms of current members on the boards, commissions, and councils treated by statutes amended by this Act shall continue in force. When a vacancy occurs for a member appointed to be the representatives of one of the former seven congressional districts, whether by resignation, death, expiration of term, or otherwise, the vacancy shall be filled as follows:

  1. A vacancy from the former First Congressional District shall be filled by an appointee from the current First Supreme Court District.
  2. A vacancy from the former Second Congressional District shall be filled by an appointee from the current Second Supreme Court District.
  3. A vacancy from the former Third Congressional District shall be filled by an appointee from the current Fourth Supreme Court District.
  4. A vacancy from the former Fourth Congressional District shall be filled by an appointee from the current Sixth Supreme Court District.
  5. A vacancy from the former Fifth Congressional District shall be filled by an appointee from the current Third Supreme Court District.
  6. A vacancy from the former Sixth Congressional District shall be filled by an appointee from the current Fifth Supreme Court district.
  7. A vacancy from the former Seventh Congressional District shall be filled by an appointee from the current Seventh Supreme Court District.”

Opinions of Attorney General.

Since the Kentucky Building Code is the controlling authority with respect to the Kentucky Board of Buildings, Housing and Construction the board may not promulgate regulations which conflict with the building code but may, however, issue regulations which explain, clarify, or supplement the code and although the building code will control any issue to which it directly refers, any ambiguity or change in circumstances not directly addressed in the code may be controlled by reasonable rules and regulations issued by the department. OAG 80-648 .

198A.090. Corporate authorization and operation of revenue bond financing — Approval of General Assembly required for certain bond or note issuances.

  1. Except as provided in subsection (6) of this section, the corporation may provide for the issuance, at one (1) time or from time to time, of bonds of the corporation if the cumulative outstanding indebtedness of the corporation’s bonds does not exceed five billion dollars ($5,000,000,000), in order to carry out and effectuate its corporate purposes and powers.
  2. In anticipation of the issuance of bonds, the corporation may provide for the issuance, at one (1) time or from time to time, of bond anticipation notes. The principal of and the interest on the bonds or notes shall be payable solely from the funds provided for the payment. Notes may be made payable from the proceeds of bonds or renewal notes or, if bond or renewal note proceeds are not available, notes may be paid from any available revenues or assets of the corporation.
  3. The bonds or notes of each issue shall be dated and may be made redeemable before maturity at the option of the corporation at a price and under terms and conditions determined by the corporation. Bonds or notes shall bear interest at a rate determined by the corporation. Notes shall mature at a time not exceeding ten (10) years from their date and bonds shall mature at a time not exceeding forty (40) years from their date, as determined by the corporation. The corporation shall determine the form and manner of execution of the bonds or notes, including any interest coupons to be attached thereto, and shall fix the denomination and the place of payment of principal and interest, which may be any bank or trust company within or without the Commonwealth. If an officer whose signature or a facsimile of whose signature appears on any bonds, notes, or coupons attached to them shall cease to be an officer before the delivery thereof, the signature or facsimile shall be valid and sufficient for all purposes as if he had remained in office until delivery. The corporation may provide for the authentication of the bonds or notes by a trustee or fiscal agent. The bonds or notes may be issued in coupon or in registered form, or both, as the corporation may determine, and provision may be made for the registration of any coupon bonds or notes as to principal alone and also as to both principal and interest, and for the reconversion into coupon bonds or notes of any bonds or notes registered as to both principal and interest, and for the interchange of registered and coupon bonds or notes. Upon the approval of a resolution of the corporation, authorizing the sale of its bonds or notes, the bonds or notes may be sold in a manner, either at public or private sale, and for a price the corporation shall determine to be for the best interest of the corporation and best effectuate the purposes of this chapter, if the sale is approved by the corporation.
  4. The proceeds of any bonds or notes shall be used solely for the purposes for which they are issued and shall be disbursed in the manner and under the restrictions, if any, the corporation may provide in the resolution authorizing the issuance of bonds or notes or in the trust agreement securing the same.
  5. Prior to the preparation of definitive bonds, the corporation may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds have been executed and are available for delivery. The corporation may also provide for the replacement of any bonds or notes which become mutilated, destroyed, or lost.
    1. Prior to the issuance of any bonds or notes that are not secured by: (6) (a) Prior to the issuance of any bonds or notes that are not secured by:
      1. Direct obligations or obligations guaranteed by the United States of America; or
      2. Obligations of federal agencies to the extent that the obligations are backed by the full faith and credit of the United States of America; or
      3. Repurchase agreements with any primary dealer in securities fully secured by obligations described in subparagraphs 1. and 2. of this paragraph if the market value of the security is maintained at one hundred three percent (103%) of the principal amount of the repurchase agreement and the security is held by an independent third-party custodian financial institution; or
      4. Insured or guaranteed construction loans or mortgage loans as defined by KRS 198A.010(10) and (11); or
      5. Guaranty insurance policies which guarantee payment of the principal and interest on the bonds issued by a nationally recognized entity authorized to issue guarantees and rated in the highest rating category by at least one (1) of the nationally recognized rating services;

        the corporation shall obtain the approval of the issuance from the General Assembly in accordance with the provisions of KRS 56.870(1), unless the provisions of paragraph (b) of this subsection apply. This requirement shall not apply to refunding bond or note issues which are for the purpose of achieving debt service savings and which do not extend the term of the refunded bonds or notes.

    2. The corporation may provide for the issuance, at any one (1) time or from time to time, of bonds which do not satisfy the requirements of paragraph (a) of this subsection without approval of the issuance by the General Assembly if the cumulative outstanding indebtedness of the corporation that does not meet the requirements of paragraph (a) of this subsection does not exceed thirty million dollars ($30,000,000).
    3. The corporation shall annually report on its housing and bonding programs to the Interim Joint Committee on Appropriations and Revenue.
  6. The Finance and Administration Cabinet shall provide to the corporation fiscal consultant services regarding revenue bond management as necessary.

History. Enact. Acts 1972, ch. 70, § 10; 1974, ch. 74, Art. II, § 9(1); 1974, ch. 383, § 6; 1976, ch. 310, § 1; 1978, ch. 220, § 5, effective June 17, 1978; 1982, ch. 99, § 7, effective March 23, 1982; 1992, ch. 365, § 1, effective July 14, 1992; 1994, ch. 53, § 4, effective July 15, 1994; 2000, ch. 15, § 1, effective July 14, 2000; 2008, ch. 76, § 1, effective July 15, 2008; 2011, ch. 23, § 4, effective March 15, 2011.

Opinions of Attorney General.

Although legislative approval of the fiscal obligations created by the issuance, by a “child” corporation of the Kentucky Housing Corporation, of housing construction loan notes and revenue bonds would not normally be necessary under subsection (3) of KRS 56.870 because no appropriations are involved, the specific debt ceiling imposed upon the Kentucky Housing Authority by this section would exempt the “child” corporation from the exclusion of KRS 56.870 , since KRS 56.871 provides such an exemption where a debt ceiling or specific authorization for debt service has been authorized by the General Assembly. OAG 81-242 .

The Kentucky Housing Corporation cannot create a “child” corporation as a vehicle to issue housing construction loan notes and revenue bonds in order to qualify for mortgage financing, since no provision in KRS Chapter 198A expressly or implicitly allows the creation of any other entity than the corporation for that purpose, and since the clear intent of the legislature in passing subsection (1) of this section was to place a maximum $700 million limit on the total bonding capacity of the corporation; thus, even if a “child” corporation could be created, the total bonding limit of both entities could not surpass $700 million. OAG 81-242 .

The bond ceiling authorized by the General Assembly creates a regenerative authorization such that, as bonds are paid off, new bonds may be issued so long as the bonds outstanding do not exceed the bond ceiling. OAG 90-78 .

198A.100. Trust agreement to secure corporate obligations — Operation thereof.

In the discretion of the corporation any obligations issued under the provisions of this chapter may be secured by a trust agreement by and between the corporation and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust agreement or the resolution providing for the issuance of such obligations may pledge or assign all or any part of the revenues or assets of the corporation, including, without limitation, mortgage loans, mortgage loan commitments, construction loans, temporary loans, contracts, agreements and other security or investment obligations, the fees or charges made or received by the corporation, the moneys received in payment of loans and interest thereon, and any other moneys received or to be received by the corporation. Such trust agreement or resolution may contain such provisions for protecting and enforcing the rights and remedies of the holders of any such obligations as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the corporation in relation to the purposes to which obligation proceeds may be applied, the disposition or pledging of the revenues or assets of the corporation, the terms and conditions for the issuance of additional obligations, and the custody, safeguarding and application of all moneys. It shall be lawful for any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of obligations, revenues or other money hereunder to furnish such indemnifying bonds or to pledge such securities as may be required by the corporation. Any such trust agreement or resolution may set forth the rights and remedies of the holders of any obligations and of the trustee, and may restrict the individual right of action by any such holders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the corporation may deem reasonable and proper for the security of the holders of any obligations. All expenses incurred in carrying out the provisions of such trust agreement or resolution may be paid from the revenues or assets pledged or assigned to the payment of the principal of and the interest on obligations or from any other funds available to the corporation.

History. Enact. Acts 1972, ch. 70, § 11.

198A.110. Pledge of corporate assets on obligations of the corporation.

The pledge of any assets or revenues of the corporation to the payment of the principal of or the interest on any obligations of the corporation shall be valid and binding from the time when the pledge is made and any such assets or revenues shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the corporation, irrespective of whether such parties have notice thereof. Nothing herein shall be construed to prohibit the corporation from selling any assets subject to any such pledge except to the extent that any such sale may be restricted by the trust agreement or resolution providing for the issuance of such obligations.

History. Enact. Acts 1972, ch. 70, § 12.

198A.120. All moneys received are trust funds and may be temporarily invested.

Notwithstanding any other provisions of law to the contrary, all moneys received pursuant to the authority of this chapter shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The resolution authorizing any obligations or the trust agreement securing the same may provide that any of such moneys may be temporarily invested pending the disbursement thereof and shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this chapter and such resolution or trust agreement may provide. Any such moneys or any other moneys of the corporation may be invested as provided in KRS 386.020 .

History. Enact. Acts 1972, ch. 70, § 13.

198A.130. Holders of corporate obligations granted legal rights to enforce duties of the corporation.

Any holder of obligations issued under the provisions of this chapter or any coupons appertaining thereto, and the trustee under any trust agreement or resolution authorizing the issuance of such obligations, except the rights herein given may be restricted by such trust agreement or resolution, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the state or granted hereunder or under such trust agreement or resolution, or under any other contract executed by the corporation pursuant to this chapter, and may enforce and compel the performance of all duties required by this chapter or by such trust agreement or resolution to be performed by the corporation or by any officer thereof.

History. Enact. Acts 1972, ch. 70, § 14.

198A.140. Declaration of negotiability of obligations of the corporation.

Notwithstanding any of the foregoing provisions of this chapter or any recitals in any obligations issued under the provisions of this chapter, all such obligations and interest coupons appertaining thereto shall be and are hereby made negotiable instruments under the laws of this state, subject only to any applicable provisions for registration.

History. Enact. Acts 1972, ch. 70, § 15.

198A.150. Obligations of Kentucky Housing Corporation are authorized investments.

Obligations issued under the provisions of this chapter are hereby made securities in which all public officers and public bodies of the Commonwealth and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such obligations are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the Commonwealth for any purpose for which the deposit of bonds, notes or obligations of the state is now or may hereafter be authorized by law.

History. Enact. Acts 1972, ch. 70, § 16.

198A.160. Authorization for issuance of refunding obligations.

  1. The corporation is hereby authorized to provide for the issuance of refunding obligations for the purpose of refunding any obligations then outstanding which shall have been issued under the provisions of this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such obligations and, if deemed advisable by the corporation, for any corporate purpose of the corporation. The issuance of such obligations, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the corporation in respect of the same shall be governed by the provisions of this chapter which relate to the issuance of obligations, insofar as such provisions may be appropriate therefor.
  2. Refunding obligations may be sold or exchanged for outstanding obligations issued under this chapter and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption or payment of such outstanding obligations. Pending the application of the proceeds of any such refunding obligations, with any other available funds, to the payment of the principal, accrued interest and any redemption premium on the obligations being refunded, and, if so provided or permitted in the resolution authorizing the issuance of such refunding obligations or in the trust agreement securing the same, to the payment of any interest on such refunding obligations and any expenses in connection with such refunding, such proceeds may be invested in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by, the United States of America which shall mature or which shall be subject to redemption by the holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.

History. Enact. Acts 1972, ch. 70, § 17.

198A.165. Authorization for establishing reserve and replacement funds.

The corporation shall be authorized and empowered in connection with the issuance of its bonds and notes for housing purposes pursuant to this chapter to establish in respect of such bonds and notes such reserve funds or replacement funds as may be required in the sound discretion of the board of directors of the corporation to enable the corporation to effectuate its proper public purposes. In the event any such reserve fund or replacement fund created by the corporation in connection with any such bond issue or note issue should, in violation of any contract made by the corporation with any bondholder or note holder be monetarily deficient in any respect as of any date of accounting so stipulated by the corporation, the corporation shall immediately make formal request in writing to the secretary of the Finance and Administration Cabinet, and to the Governor of Kentucky that sums adequate to restore such reserve fund or replacement fund to its contractually required level and to pay any overdue principal and interest on any outstanding bonds and notes of the corporation be included in the next succeeding executive budget, and that such budget request with recommendation for approval by the General Assembly to the corporation for the use and benefit of such reserve fund or replacement fund. In the event the next scheduled even-numbered-year regular session of the General Assembly of Kentucky shall occur more than six (6) months after any such request by the corporation, the corporation shall request that sums adequate to restore such reserve fund or replacement fund to such contractually required level and to pay any overdue principal and interest on any outstanding bonds and notes of the corporation be made available from the Governor’s contingency fund, and if such funds are so made available the budget request hereinabove described in this section shall be correspondingly reduced.

History. Enact. Acts 1974, ch. 383, § 8; 2001, ch. 58, § 27, effective June 21, 2001.

198A.170. Annual report and annual audit.

The corporation shall, promptly following the close of each fiscal year, submit an annual report of its activities for the preceding year to the Governor and the General Assembly. Each such report shall set forth a complete operating and financial statement of the corporation during the year. The housing fund shall also cause an annual audit to be made by a resident independent certified public accountant of its books, accounts, and records, with respect to its receipts, disbursements, contracts, mortgages, leases, assignments, loans and all other matters relating to its financial operations. The persons performing such audit shall furnish copies of the audit report to the secretary of the Finance and Administration Cabinet, where they shall be placed on file and made available for inspection by the general public.

History. Enact. Acts 1972, ch. 70, § 18; 1974, ch. 74, Art. II, § 9(2).

198A.180. Limitation of liability for corporate members or officers.

No member or other officer of the corporation shall be subject to any personal liability or accountability by reason of his execution of any obligations or the issuance thereof.

History. Enact. Acts 1972, ch. 70, § 19.

198A.190. Authority to accept and expend funds.

The corporation is authorized to accept and expend such moneys as may be appropriated from time to time by the General Assembly or such moneys as may be received from any source including income from the corporation’s operations, for effectuating its corporate purposes including, without limitation, the payment of the initial expenses of administration and operation and the establishment of a reserve or contingency fund to be available for the payment of the principal of and the interest on any bonds or notes of the corporation.

History. Enact. Acts 1972, ch. 70, § 20; 1974, ch. 383, § 7.

198A.200. Tax exempt status.

The Kentucky Housing Corporation has been duly created as a de jure municipal corporation and political subdivision of the Commonwealth of Kentucky. Accordingly, the Kentucky Housing Corporation shall not be required to pay any taxes and assessments to the Commonwealth of Kentucky, or any county, municipality or other governmental subdivision of the Commonwealth of Kentucky, upon any of its property or upon its obligations or other evidences of indebtedness pursuant to the provisions of this chapter, or upon any moneys, funds, revenues or other income held or received by the corporation and the notes and bonds of the corporation and the income therefrom shall at all times be exempt from taxation, except for death and gift taxes and taxes of transfers; provided, however, that real property owned by the Kentucky Housing Corporation shall be exempt from all property taxation and special assessments of the state or political subdivisions thereof, but the corporation may agree to pay, in lieu of such taxes, such amounts as the corporation finds consistent with the cost to the state or political subdivision of supplying municipal services to the housing development and maintaining the economic feasibility of the housing development, which payments such bodies are hereby authorized to accept.

History. Enact. Acts 1972, ch. 70, § 21; 1974, ch. 383, § 9; 1976, ch. 200, § 4.

198A.210. Disclosure of conflict of interest of member, officer, or employee of the corporation.

If any member, officer, or employee of the corporation shall be interested either directly or indirectly, or shall be an officer or employee of or have an ownership interest in any firm or corporation interested directly or indirectly in any contract with the corporation, including any loan to any sponsor, builder, or developer, such interest shall be disclosed to the corporation and shall be set forth in the minutes of the corporation, and the member, officer, or employee having such interest therein shall not participate on behalf of the