CORRECTIONS

KRS tit. XVII, ch. 196

in effect

KRS 196.010 Definitions for chapter

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. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 221, effective June 26, 2007. -- Amended 2003 Ky. Acts ch. 71, sec. 9, effective June 24, 2003. -- Amended 1992 Ky. Acts ch. 211, sec. 18, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 1, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Amended 1966 Ky. Acts ch. 255, sec. 187. -- Amended 1962 Ky. Acts ch. 106, Art. X, sec. 1. -- Created 1952 Ky. Acts ch. 50, sec. 34.

KRS 196.020 Repealed, 1974

196.020. Repealed, 1974 Catchline at repeal: Department of Corrections -- Commissioner. History: Repealed 1974 Ky. Acts ch. 74, Art. V, sec. 28. -- Amended 1962 Ky. Acts ch. 106, Art. X, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618-102.

KRS 196.025 Repealed, 1974

196.025. Repealed, 1974 Catchline at repeal: Delegation of authority by commissioner to deputy. History: Repealed 1974 Ky. Acts ch. 74, Art. V, sec. 28. -- Created 1950 Ky. Acts ch. 45, sec. 1.

KRS 196.026 Organizational units of Department of Corrections

196.026. Organizational units of Department of Corrections The Department of Corrections shall consist of the following organizational units: (1) Division of Compliance; (2) Division of Public Affairs; (3) Office of Adult Institutions, which shall have the following divisions: (a) Division of Operations and Program Services; (b) Division of Medical Services; (c) Division of Mental Health Services; (d) Division of Education; (e) Division of Correctional Industries; (f) Division of Kentucky State Reformatory; (g) Division of Luther Luckett Correctional Complex; (h) Division of Roederer Correctional Complex; (i) Division of Blackburn Correctional Complex; (j) Division of Kentucky Correctional Institution for Women; (k) Division of Northpoint Training Center; (l) Division of Eastern Kentucky Correctional Complex; (m) Division of Bell County Forestry Camp; (n) Division of Kentucky State Penitentiary; (o) Division of Western Kentucky Correctional Complex; (p) Division of Green River Correctional Complex; (q) Division of Little Sandy Correctional Complex; (r) Division of Southeast State Correctional Complex; and (s) Division of Central Kentucky Medical Correctional Complex. Each division specified in paragraphs (f) to (s) of th is subsection shall be headed by a warden pursuant to KRS 196.160; (4) Office of Community Services and Facilities, which shall have the following divisions: (a) Division of Probation and Parole; (b) Division of Reentry; (c) Division of Local Facilities; and (d) Division of Addiction Services; and (5) Office of Support Services, which shall have the following divisions: (a) Division of Administrative Services; (b) Division of Corrections Training; (c) Division of Population Management; (d) Division of Offender Information Services; and (e) Division of Parole Board Support. Effective: April 13, 2026 History: Amended 2026 Ky. Acts ch. 141, sec. 12, effective April 13, 2026. -- Amended 2022 Ky. Acts ch. 141, sec. 1, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 82, sec. 3, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 184, sec. 1, effective July 14, 2018; and ch. 191, sec. 1, effective July 14, 2018. -- Amended 2013 Ky. Acts ch. 72, sec. 1, effective June 25, 2013. -- Amended 2007 Ky. Acts ch. 85, sec. 222, effective June 26, 2007. -- Amended 2003 Ky. Acts ch. 71, sec. 10, effective June 24, 2003. -- Amended 2002 Ky. Acts ch. 60, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 217, sec. 1, effective July 14, 2000. -- Created 1994 Ky. Acts ch. 227, sec. 6, effective July 15, 1994.

KRS 196.030 Functions of Department of Corrections

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: (a) Management of penal, reform, and correctional institutions; (b) Supervision of probation and parole; (c) 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; (d) 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; (e) 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. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 19, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 497, sec. 15, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 344, sec. 2, effective July 15, 1982; and ch. 385, sec. 29, effective July 1, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Amended 1962 Ky. Acts ch. 106, Art. X, sec. 3. -- Amended 1956 Ky. Acts ch. 157, sec. 6. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618-101.

KRS 196.031 Employment of personnel -- Annual report

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: (a) 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; (b) Numbers of prisoners by type of offense; (c) Numbers of prisoners by number and type of prior convictions; (d) Numbers of prisoners paroled by type of offense and by length of time served; (e) Numbers of prisoners released through shock probation by type of offense and by length of time served; (f) Numbers of prisoners serving their full sentence by type of offense; (g) 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; (h) The percentage of felony offenders whose reassessment results demonstrate reductions in criminal risk factors; (i) The percentage of programs that demonstrate their effectiveness in reducing recidivism; (j) 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 returned to custody within six (6) months, one (1) year, and three (3) years; (k) 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; (l) The percentage of offenders participating in each reentry program operated by, or operated under contract with, the department who were arrested, convicted, or returned to custody within three (3) years of their release from custody, including whether they participated in the program while in custody, upon release, or both, and the offense that led to the arrest, conviction, or return to custody; (m) The percentage of offenders who did not participate in any programs under paragraph (l) of this subsection who were arrested, convicted, or returned to custody within three (3) years of their release from custody. including the offense that led to the arrest, conviction, or return to custody; and (n) 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: (a) Numbers and types of prison beds necessary to meet current population needs and six (6) year projections of those needs; (b) Current personnel needs of the cabinet and five (5) year projections of the needs; and (c) A six (6) year projection of needed capital construction, program development, and anticipated requests for appropriations. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 46, effective July 15, 2024. -- Amended 2017 Ky. Acts ch. 158, sec. 90, effective June 29, 2017. -- Amended 2011 Ky. Acts ch. 2, sec. 65, effective June 8, 2011. -- Amended 2003 Ky. Acts ch. 71, sec. 11, effective June 24, 2003. -- Amended 1990 Ky. Acts ch. 497, sec. 2, effective July 13, 1990. -- Created 1984 Ky. Acts ch. 401, sec. 7, effective July 13, 1984.

KRS 196.032 Department's objectives

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. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 2, sec. 2, effective June 8, 2011.

KRS 196.035 Powers and duties of secretary

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. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 223, effective June 26, 2007. -- Amended 1992 Ky. Acts ch. 13, sec. 10, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 3, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Created 1956 Ky. Acts ch. 157, sec. 8.

KRS 196.037 Department personnel to have powers of peace officers

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

KRS 196.040 Repealed, 1974

196.040. Repealed, 1974 Catchline at repeal: Divisions of department. History: Repealed 1974 Ky. Acts ch. 74, Art. V, sec. 28. -- Amended 1962 Ky. Acts ch. 106, Art. X, sec. 4. -- Amended 1956 Ky. Acts ch. 157, sec. 7. -- Amended 1942 Ky. Acts ch. 96, secs. 2 and 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 263b-3, 4618-102, 4618-103, 4618-104, 4618- 106, 4618-107.

KRS 196.042 Criminal justice reinvestment fund -- Annual funds appropriations -- Dedicated use of funds

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: (a) Twenty percent (20%) to the department for expanding and enhancing evidence-based substance use disorder treatment programs for inmates; (b) 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; (c) Twenty percent (20%) to the crime victims' compensation fund established in KRS 49.480; (d) Twenty percent (20%) to the department for reentry services, including but not limited to vocational training; and (e) 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. Effective: June 29, 2017 History: Created 2017 Ky. Acts ch. 158, sec. 100, effective June 29, 2017. Legislative Research Commission Note (6/28/2019). Subsection (3)(ac) of this statute, as created under 2017 Ky. Acts ch. 158, sec. 100, contained a reference to "the crime victims' compensation fund establishedcreated under KRS 346.185." This reference has been changed to read "the crime victims' compensation fund establishedcreated 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 the renumbering during codification. The Reviser of Statutes has made this change under the authority of KRS 7.136(1)(e).

KRS 196.044 Annual calculations of cost savings resulting from 2017 Ky. Acts ch

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: (a) "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; (b) "Criminal justice reinvestment fund" means the fund established in KRS 196.042; and (c) "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. (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. (b) If no cost savings are calculated pursuant to subsection (2) of this section, no funds shall be deposited into the criminal justice reinvestment fund. Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 158, sec. 99, effective June 29, 2017.

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

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: (a) 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; (b) 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; (c) 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; (d) 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 (e) 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: (a) Has reached the maximum expiration of his or her sentence or has received final discharge from the Parole Board; (b) Does not have any pending warrants, charges, or indictments; and (c) 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. Effective: June 21, 2001 History: Created 2001 Ky. Acts ch. 115, sec. 1, effective June 21, 2001.

KRS 196.050 Repealed, 1950

196.050. Repealed, 1950 Catchline at repeal: Division of Public Assistance. History: Repealed 1950 Ky. Acts ch. 110, sec. 12. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618-103.

KRS 196.060 Repealed, 1950

196.060. Repealed, 1950 Catchline at repeal: Division of Child Welfare. History: Repealed 1950 Ky. Acts ch. 125, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618-104.

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

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. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 227, sec. 4, effective July 15, 1994. -- Amended 1982 Ky. Acts ch. 113, sec. 12, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 295, sec. 45, effective July 15, 1980.

KRS 196.070 Duties of commissioner of Department of Corrections -- Training programs

196.070. Duties of commissioner of Department of Corrections -- Training programs (1) The commissioner of the Department of Corrections shall: (a) Supervise and administer 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. (b) Supervise the employment of prisoners who have not been paroled or conditionally released, either within or without the walls or enclosures of these institutions. (c) 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. (d) Determine minimum, maximum, and conditional release dates of prisoners in accordance with KRS 197.045. (e) Authorize the transfer of prisoners between institutions. (f) Create those positions and employ those personnel necessary to perform the functions of the department. (g) 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. (a) 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. (b) 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. (c) 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. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 141, sec. 2, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 82, sec. 4, effective June 29, 2021. -- Amended 2003 Ky. Acts ch. 71, sec. 8, effective June 24, 2003. -- Amended 1996 Ky. Acts ch. 334, sec. 5, effective April 10, 1996. -- Amended 1994 Ky. Acts ch. 227, sec. 5, effective July 15, 1994; and ch. 418, sec. 2, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 211, sec. 21, effective July 14, 1992; and ch. 445, sec. 2, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 315, sec. 2, effective July 13, 1990; and ch. 497, sec. 8, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 106, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 113, sec. 13, effective July 15, 1982; and ch. 344, sec. 5, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 155, secs. 41 and 119, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. V, secs. 24(15), (19); and ch. 308, sec. 37. -- Amended 1963 (2d Extra. Sess.) Ky. Acts ch. 4, sec. 9, effective October 1, 1963. -- Amended 1962 Ky. Acts ch. 106, Art. X, sec. 5. -- Amended 1942 Ky. Acts ch. 96, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618-106.

KRS 196.073 Governor's authority to authorize commissioner to consent to transfer of convicted offenders under federal treaty

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. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 418, sec. 1, effective July 15, 1994.

KRS 196.075 Probation and parole functions

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. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 225, effective June 26, 2007. -- Amended 1992 Ky. Acts ch. 211, sec. 22, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 6, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(15), (19). -- Created 1942 Ky. Acts ch. 96, sec. 5.

KRS 196.076 Probation and parole officer salary improvement program

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. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 269, sec. 1, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 211, sec. 23, effective July 14, 1992. -- Created 1988 Ky. Acts ch. 377, sec. 1, effective July 1, 1990.

KRS 196.080 Repealed, 1952

196.080. Repealed, 1952 Catchline at repeal: Division of hospitals and mental hygiene. History: Repealed 1952 Ky. Acts ch. 50, sec. 34. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 263b-2.

KRS 196.081 Renumbered as KRS 196.701

KRS 196.090 Repealed, 1962

196.090. Repealed, 1962 Catchline at repeal: Laboratory of criminal identification and statistics -- Persons to cooperate with. History: Repealed 1962 Ky. Acts ch. 106, Art. III, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618-107.

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

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. Effective: July 1, 2013 History: Created 2011 Ky. Acts ch. 2, sec. 67, effective July 1, 2013.

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

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. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 226, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 169, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 606, sec. 19, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 211, sec. 41, effective July 14, 1992. -- Created 1986 Ky. Acts ch. 389, sec. 3, effective July 15, 1986. Legislative Research Commission Note (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.

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

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. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 25, effective July 14, 1992. -- Created 1986 Ky. Acts ch. 389, sec. 26, effective July 15, 1986.

KRS 196.099 Photographic record of inmates

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. Effective: June 21, 2001 History: Created 2001 Ky. Acts ch. 15, sec. 1, effective June 21, 2001.

KRS 196.100 Repealed, 1962

196.100. Repealed, 1962 Catchline at repeal: Department to make rules for institutions for feeble-minded. History: Repealed 1962 Ky. Acts ch. 106, Art. XI, sec. 8. -- Amended 1952 Ky. Acts ch. 50, sec. 29. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 216aa-35.

KRS 196.110 Department to study crime prevention methods -- Encourage employment of inmates

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. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 26, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 7, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 216a-3, 216a-4.

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

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: (a) A process for reviewing the objective criteria for evidence-based practices established by the agency providing the program; (b) A process for auditing the effectiveness of the program; (c) An opportunity for programs that do not meet the criteria based on the audit results to improve performance; and (d) 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. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 156, sec. 20, effective July 12, 2012. -- Created 2011 Ky. Acts ch. 2, sec. 50, effective June 8, 2011.

KRS 196.120 Department may acquire farm lands

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. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 27, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 8, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. II, sec. 9(1), Art. V, sec. 24(14). --Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 216a-22.

KRS 196.130 University to investigate lands that department wishes to acquire

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. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 28, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 9, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 216aa-34.

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

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. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 29, effective July 14, 1992. -- Created 1984 Ky. Acts ch. 178, sec. 2, effective July 13, 1984.

KRS 196.140 Condemnation by department

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. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 30, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 10, effective July 15, 1982. -- Amended 1976 Ky. Acts ch. 140, sec. 88. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 216aa- 33.

KRS 196.150 Department may use money received from federal government

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. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 31, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 11, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Amended 1952 Ky. Acts ch. 50, sec. 30. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 216aa- 25a.

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

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. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 219, sec. 1, effective July 15, 2002. -- Amended 1992 Ky. Acts ch. 211, sec. 32, effective July 14, 1992; and ch. 445, sec. 3, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 460, sec. 2, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 401, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 344, sec. 12, effective July 15, 1982. -- Amended 1962 Ky. Acts ch. 106, Art. X, sec. 6. -- Amended 1958 Ky. Acts ch. 126, sec. 25. -- Amended 1952 Ky. Acts ch. 50, sec. 31. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 216aa-8.

KRS 196.165 Purchase of liability insurance for department's health care professionals

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. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 445, sec. 1, effective July 14, 1992.

KRS 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

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: (a) Are engaged in providing educational services and support to inmates at institutions; and (b) 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: (a) Their salaries and leave time balances accumulated as of the transfer date; (b) 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 (c) 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: (a) All rights and benefits provided to other employees in the department; and (b) 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. Effective: April 8, 2010 History: Created 2010 Ky. Acts ch. 104, sec. 1, effective April 8, 2010. Legislative Research Commission Note (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.

KRS 196.170 Repealed, 1962

196.170. Repealed, 1962 Catchline at repeal: Oath of superintendents and receivers. History: Repealed 1962 Ky. Acts ch. 106, Art. X, sec. 11. -- Amended 1946 Ky. Acts ch. 27, sec. 17. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 216aa-10, 216aa-15.

KRS 196.171 Corrections personnel to take educational course on AIDS

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. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 170, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 130, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 211, sec. 33, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 443, sec. 33, effective July 13, 1990.

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

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, a n 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 requ ired to protect herself or others. (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 freestanding birthing center for delivery, or during postp artum recovery. (b) 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. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 121, sec. 4, effective June 27, 2025. -- Created 2018 Ky. Acts ch. 115, sec. 2, effective July 14, 2018. Legislative Research Commission Note (6/27/2025). 2025 Ky. Acts ch. 121, sec. 24, provides that the Act, which amended this statute, may be cited as the Mary Carol Akers Birth Centers Act. Legislative Research Commission Note (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.

KRS 196.174 Housing of inmate known to be pregnant or in immediate post-partum period -- Definition

196.174. Housing of inmate known to be pregnant or in immediate post-partum period -- Definition (1) No 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 or in the immediate postpartum period shall be placed in restrictive housing, in administrative segregation, or in solitary confinement for medical observation. This prohibition shall not include placing an inmate in a cell or hospital room by herself. (2) As used in this section, "immediate postpartum period" means the six (6) week period following childbirth by the inmate. However, the six (6) week period may be extended by a physician should the inmate experience birth-related complications. Effective: June 29, 2021 History: Created 2021 Ky. Acts ch. 85, sec. 1, effective June 29, 2021.

KRS 196.175 Pregnant inmate -- Access to community-based programs -- Social worker to discuss options for care, feeding, and placement of infant -- Inmate's access to telephone -- Facility to provide nutrition and hygiene-related products for care of infant free of charge to indigent inmate

196.175. Pregnant inmate -- Access to community-based programs -- Social worker to discuss options for care, feeding, and placement of infant -- Inmate's access to telephone -- Facility to provide nutrition and hygiene-related products for care of infant free of charge to indigent inmate For any 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: (1) The facility shall provide the inmate notice of, access to, and a written application for community-based programs serving pregnant, birthing, or lactating inmates. At a minimum, the notice shall contain how to qualify for the programs as well as timelines for applying and the process for appealing a denial. If a community-based program accepts the inmate but is denied access to the facility, the facility shall provide to the inmate, in writing within fifteen (15) days of the request, the safety or security concerns for the inmate, infant, public, or staff that led to the denial. (2) The facility shall refer the inmate to a social worker who shall: (a) Discuss with the inmate the options available for feeding, placement, and care of the infant, including the benefits of lactation; (b) Provide the inmate access to a phone to contact family regarding placement of the infant; and (c) Oversee the placement of the infant. (3) For up to seventy-two (72) hours after the birth, the facility shall ensure that: (a) The infant is allowed to remain with the inmate, unless a medical professional determines that doing so would pose a health or safety risk to the inmate or infant; and (b) The inmate has access to nutritional or hygiene-related products necessary to care for the infant, including but not limited to diapers. Such products shall be provided free of charge to indigent inmates. Effective: June 29, 2021 History: Created 2021 Ky. Acts ch. 85, sec. 2, effective June 29, 2021.

KRS 196.176 Annual report on restricted housing of inmates to Legislative Research Commission and Judiciary Committee -- Report to be published on Legislative Research Commission's Web site

196.176. Annual report on restricted housing of inmates to Legislative Research Commission and Judiciary Committee -- Report to be published on Legislative Research Commission's Web site (1) The department shall provide an annual restricted housing report to the Legislative Research Commission and the Judiciary Committee by January 31. The report shall include for the preceding year: (a) The age, gender, and ethnicity of every inmate placed in restricted housing; (b) The reason each inmate was placed in restricted housing; and (c) The dates each inmate was placed in and released from restricted housing. (2) The annual restricted housing report shall be published on the Legislative Research Commission's Web site. Effective: June 29, 2021 History: Created 2021 Ky. Acts ch. 85, sec. 4, effective June 29, 2021.

KRS 196.180 Duties of warden -- Removal -- Expungement of dismissed or voided disciplinary reports

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. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 107, sec. 2, effective July 15, 2010. -- Amended 1992 Ky. Acts ch. 211, sec. 34, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 401, sec. 2, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 344, sec. 13, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Amended 1952 Ky. Acts ch. 50, sec. 32. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 216aa-11, 216aa-20.

KRS 196.190 Duties of receiver

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. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 35, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 14, effective July 15, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 216aa-14.

KRS 196.200 Repealed, 1962

196.200. Repealed, 1962 Catchline at repeal: Qualifications of superintendent and employes in institutions. History: Repealed 1962 Ky. Acts ch. 106, Art. XI, sec. 8. -- Amended 1952 Ky. Acts ch. 50, sec. 33. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 216aa-9.

KRS 196.210 Members of board not to recommend employees -- Officers to be selected for merit

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. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 36, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 15, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 216aa-19, 216aa-20.

KRS 196.220 Employees in institutions exempt from attendance as witnesses

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. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 216aa-22.

KRS 196.230 Officers not to sell to institutions -- Additional compensation and gifts forbidden

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. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 37, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344. sec. 16. effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 216aa-7, 216aa-17, 216aa-21.

KRS 196.240 Repealed, 1994

196.240. Repealed, 1994 Catchline at repeal: Religious instruction and ministration for persons confined. History: Repealed 1994 Ky. Acts ch. 418, sec. 19, effective July 15, 1994. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 419, 420.

KRS 196.245 Commissioner may permit or prohibit smoking by inmates

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. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 38, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 17, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 188, sec. 145, effective July 15, 1980. -- Amended 1962 Ky. Acts ch. 106, Art. X, sec. 7. -- Created 1952 Ky. Acts ch. 139, sec. 1.

KRS 196.250 Repealed, 1978

196.250. Repealed, 1978 Catchline at repeal: Charitable organizations not to solicit funds out of county without license. History: Repealed 1978 Ky. Acts ch. 155, sec. 165. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 216aa-32.

KRS 196.260 Repealed, 1978

196.260. Repealed, 1978 Catchline at repeal: Department may investigate charitable institutions. History: Repealed 1978 Ky. Acts ch. 155, sec. 165. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 216a-3.

KRS 196.270 Centralized canteen operation -- Management -- Use of proceeds

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. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 406, sec. 2, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 227, sec. 8, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 211, sec. 39, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 497, sec. 28, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 106, sec. 3, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 344, sec. 18, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 155, sec. 120, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(14). -- Created 1948 Ky. Acts ch. 170, sec. 1.

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

196.280. Notification of release of person from penitentiary, facility for youthful offenders, regional jail, or county jail -- Escape (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. (b) 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. (c) 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. (2) The Department of Corrections shall promulgate administrative regulations for the implementation of this section. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 182, sec. 20, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 400, sec. 1, effective July 14, 2000. -- Created 1996 Ky. Acts ch. 375, sec. 1, effective July 15, 1996.

KRS 196.281 Documentation provided to prisoners upon release -- Issuance of certificate of employability -- Eligibility, contents, and revocation

196.281. Documentation provided to prisoners upon release -- Issuance of certificate of employability -- Eligibility, contents, and revocation (1) When a prisoner is released, the department shall issue to that prisoner, with the prisoner's consent, documents regarding all of the following: (a) The prisoner's criminal history in Kentucky; (b) The prisoner's institutional history, including all of the following: 1. Any record of major disciplinary violations; 2. Whether the prisoner successfully co mpleted programming approved by the department; 3. Whether the prisoner obtained a high school equivalency diploma or other educational degree prior to incarceration, to the extent known or verifiable by the department; 4. Whether the prisoner obtained a high school equivalency diploma or other educational degree while incarcerated; 5. The prisoner's work record prior to incarceration, including past employment and skills, to the extent known or verifiable by the department, and to the extent the departmen t is technologically capable of providing this information; and 6. The prisoner's institutional work record, including skills obtained through any job training or programming provided by the department; and (c) Other information considered relevant by the department. (2) When a prisoner is released, the department may, in conjunction with the Transportation Cabinet, issue to that prisoner an operator's license or personal identification card that is a voluntary travel ID document pursuant to KRS 186.417. (3) In addition to the documents provided under subsections (1) and (2) of this se ction, the department shall issue a certificate of employability to a prisoner if all of the following apply: (a) The prisoner achieved one (1) or both of the following: 1. While incarcerated: a. Successfully earned one (1) or more of the following: i. An educational credit pursuant to KRS 197.045(1)(a)2.; ii. A program completion credit pursuant to KRS 197.045(1)(a)3.; or iii. A work-for-time credit pursuant to KRS 197.047; or b. Successfully completed the Kentucky Community and Technical College System Prison Education Program pursuant to KRS 197.290; or 2. Prior to incarceration, earned a High School Equivalency Diploma, a high school diploma, a college degree, certification from a vocational or technical education program that the program was completed, or a diploma or degree from a correspondence postsecondary education program approved by the department; (b) The prisoner received no major disciplinary violations during the year immediately preceding his or her release; and (c) 1. The prisoner received a score or level of competence as determined by the department on a job skills assessment test administered by the department or jail; or 2. The prisoner successfully completed the KCTCS Prison Education Program and received an academic certificate, diploma, or degree. (4) A certificate of employability issued pursuant to subsection (3) of this section shall: (a) Be issued to the prisoner when he or she is released from a correctional facility; (b) Be on a form provided by the department; (c) Be valid unless revoked by the department; and (d) Not create relief from: 1. A requirement to register as a sex offender under KRS 17.510; 2. A driver's license, commercial driver's license, or probationary license suspension, cancellation, or revocation; 3. A restriction on employment as a prosecutor or law enforcement officer; or 4. The denial, ineligibility, or automatic suspension of a health care professional's license due to a substance use disorder. (5) (a) The department shall revoke the certificate of employability provided under this section of any individual who is convicted of a felony after receiving a certificate of employability. (b) The department shall provide an individual whose certificate of employability has been revoked under this subsection an opportunity to file a grievance through the department's prisoner grievance system. The revocation of a certificate of employability is effective when the individual is notified of the revocation. (c) The revocation of a certificate of employability does not affect the right of an employer to rely on the validity of the certificate of employability unless the employer knew before the individual was employed that the certificate of employability was fraudulent. (6) An individual shall not intentionally state or otherwise represent that he or she has a valid certificate of employability issued by the department knowing that the statement or representation is false. An individual who violates this subsection shall be guilty of a Class B misdemeanor. (7) Upon request, the department shall confirm whether a certificate of employability has been issued to a named individual and whether the certificate is valid at the time of the inquiry and at the time of the department's response to that inquiry. (8) The department is not civilly liable for damages based upon its decision to issue or deny issuance of a certificate of employability to any prisoner or for revoking or failing to revoke a certificate of employability issued to any prisoner. (9) (a) In a judicial or administrative proceeding alleging negligence or other fault, a certificate of employability issued to an individual under this section may be introduced as evidence of a person's due care in hiring, retaining, licensing, leasing to, admitting to a school or program, or otherwise transacting business or engaging in activity with the individual to whom the certificate of employability was issued if the person knew of the certificate at the time of the alleged negligence or other fault. (b) In any proceeding on a claim against an employer for negligent hiring, a certificate of employability issued to an individual under this section may be a defense for the employer as to the claim if the employer knew of the certificate at the time of the alleged negligence, except in cases where the employer knew or should have known the employee should not be hired for the position due to the nature of his or her history, including criminal history relevant to the claim. (10) The department shall notify incoming prisoners of the possibility to earn a certificate of employability. (11) The department shall submit an annual report no later than September 1 of each year to the Governor and to the Legislative Research Commission fo r referral to the Interim Joint Committee on Licensing, Occupations, and Administrative Regulations and the Interim Joint Committee on Judiciary, which shall include: (a) The number of certificates of employability issued in the preceding twelve (12) months; (b) The rate of recidivism among released prisoners previously issued certificates of employability; (c) Any other information the department deems appropriate to include; and (d) Beginning September 1, 2029, the data in KRS 197.290(7)(e). Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 64, sec. 3, effective July 15, 2026. -- Created 2021 Ky. Acts ch. 182, sec. 1, effective June 29, 2021.

KRS 196.282 Resumé writing

196.282. Resumé writing As part of a life skills program that includes curriculum on employment provided to prisoners, the department shall assist prisoners in preparing and writing resumés summarizing their past employment and skills. The department shall assist prisoners in obtaining records or other documents necessary for this purpose. Effective: June 29, 2021 History: Created 2021 Ky. Acts ch. 182, sec. 2, effective June 29, 2021.

KRS 196.285 Intensive secured substance abuse recovery program

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. Effective: March 24, 2009 History: Created 2009 Ky. Acts ch. 96, sec. 1, effective March 24, 2009. Legislative Research Commission Note (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."

KRS 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

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. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 2, sec. 23, effective June 8, 2011.

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

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. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 2, sec. 24, effective June 8, 2011.

KRS 196.288 Allocations of funding to certain funds and programs

196.288. Allocations of funding to certain funds and programs Beginning in fiscal year 2026-2027, the following amounts shall be allocated or distributed by the secretary of the Justice and Public Safety Cabinet: (1) Four million six hundred thirty thousand two hundred dollars ($4,630,200) shall be distributed to the local corrections assistance fund established by KRS 441.207; and (2) Sixteen million three hundred eighty-three thousand five hundred dollars ($16,383,500) shall be distributed for the following purposes: (a) 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; (b) 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 in mates with opiate addiction or other substance abuse disorders; (c) 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; (d) To KY-ASAP to address neonatal abstinence syndrome by providing supplemental grant funding to community substance abuse treatment providers to offer residential treatment servi ces to pregnant women through programs that employ evidence -based behavioral health treatment or medically assisted treatment; (e) To provide supplemental funding for traditional KY -ASAP substance abuse programming under KRS Chapter 15A; (f) 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 program s 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; (g) 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 (h) To the Prosecutors Advisory Cou ncil to enhance the use of rocket docket prosecutions in controlled substance cases. Effective: April 14, 2026 History: Amended 2026 Ky. Acts ch. 161, sec. 112, effective April 14, 2026. -- Amended 2018 Ky. Acts ch. 61, sec. 2, effective April 2, 2018. -- Amended 2017 Ky. Acts ch. 167, sec. 14, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 66, sec. 3, effective March 25, 2015. -- Created 2011 Ky. Acts ch. 2, sec. 68, effective June 8, 2011. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 1, (7) at 2094.

KRS 196.350 Repealed, 1952

196.350. Repealed, 1952 Catchline at repeal: Functions of the Division of Hospitals and Mental Hygiene. History: Repealed 1952 Ky. Acts ch. 50, sec. 34, effective July 1, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 263b-2.

KRS 196.360 Repealed, 1952

196.360. Repealed, 1952 Catchline at repeal: Director -- Appointment -- Duties. History: Repealed 1952 Ky. Acts ch. 50, sec. 34, effective July 1, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 263b-4, 263b-6.

KRS 196.370 Repealed, 1952

196.370. Repealed, 1952 Catchline at repeal: Appointment of assistant director and superintendents. History: Repealed 1952 Ky. Acts ch. 50, sec. 34, effective July 1, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 263b-6.

KRS 196.380 Repealed, 1952

196.380. Repealed, 1952 Catchline at repeal: Duties of superintendents. History: Repealed 1952 Ky. Acts ch. 50, sec. 34, effective July 1, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 263b-8.

KRS 196.390 Repealed, 1952

196.390. Repealed, 1952 Catchline at repeal: Removal of officers and employees. History: Repealed 1952 Ky. Acts ch. 50, sec. 34, effective July 1, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 263b-7.

KRS 196.400 Repealed, 1952

196.400. Repealed, 1952 Catchline at repeal: Transfer of personnel. History: Repealed 1952 Ky. Acts ch. 50, sec. 34, effective July 1, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 263b- 13.

KRS 196.410 Repealed, 1952

196.410. Repealed, 1952 Catchline at repeal: Political activities prohibited. History: Repealed 1952 Ky. Acts ch. 50, sec. 34, effective July 1, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 263b- 15.

KRS 196.420 Repealed, 1952

196.420. Repealed, 1952 Catchline at repeal: Duties of field liaison officer -- Use of other employees. History: Repealed 1952 Ky. Acts ch. 50, sec. 34, effective July 1, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 263b- 11.

KRS 196.430 Repealed, 1952

196.430. Repealed, 1952 Catchline at repeal: Qualifications of officers and employes. History: Repealed 1952 Ky. Acts ch. 50, sec. 34, effective July 1, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 263b-9.

KRS 196.440 Repealed, 1950 and 1952

196.440. Repealed, 1950 and 1952 Catchline at repeal: Minimum salary of certain officers and employees. History: Repealed 1952 Ky. Acts ch. 50, sec. 34. -- Repealed 1950 Ky. Acts ch. 123, sec. 29. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 263b-10.

KRS 196.450 Repealed, 1952

196.450. Repealed, 1952 Catchline at repeal: Inspection of institutions. History: Repealed 1952 Ky. Acts ch. 50, sec. 34, effective July 1, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 263b- 14.

KRS 196.460 Repealed, 1978

196.460. Repealed, 1978 Catchline at repeal: Bureau of corrections -- Commissioner -- Appointment -- Qualifications. History: Repealed 1978 Ky. Acts ch. 155, sec. 165. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(19). -- Created 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. VI, sec. 1.

KRS 196.470 Repealed, 1978

196.470. Repealed, 1978 Catchline at repeal: Functions of division. History: Repealed 1978 Ky. Acts ch. 155, sec. 165. -- Created 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. VI, sec. 2.

KRS 196.480 Repealed, 1962

196.480. Repealed, 1962 Catchline at repeal: Advisory Board of Farm Management. History: Repealed 1962 Ky. Acts ch. 106, Art. X, sec. 11. -- Created 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. VI, sec. 3.

KRS 196.490 Repealed, 1978

196.490. Repealed, 1978 Catchline at repeal: Funds for administering KRS 196.460 to 196.490. History: Repealed 1978 Ky. Acts ch. 155, sec. 165, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(19). -- Created 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. VI, sec. 4.

KRS 196.510 Repealed, 1962

196.510. Repealed, 1962 Catchline at repeal: Division of Mental Retardation. History: Repealed 1962 Ky. Acts ch. 106, Art. XI, sec. 8. -- Created 1960 Ky. Acts ch. 68, Art. VI, sec. 1.

KRS 196.520 Repealed, 1962

196.520. Repealed, 1962 Catchline at repeal: Functions of division. History: Repealed 1962 Ky. Acts ch. 106, Art. XI, sec. 8. -- Created 1960 Ky. Acts ch. 68, Art. VI, sec. 2.

KRS 196.530 Repealed, 1962

196.530. Repealed, 1962 Catchline at repeal: Power to enter into cooperative agreements. History: Repealed 1962 Ky. Acts ch. 106, Art. XI, sec. 8. -- Created 1960 Ky. Acts ch. 68, Art. VI, sec. 3.

KRS 196.540 Repealed, 1962

196.540. Repealed, 1962 Catchline at repeal: Duties of division. History: Repealed 1962 Ky. Acts ch. 106, Art. XI, sec. 8. -- Created 1960 Ky. Acts ch. 68, Art. VI, sec. 4.

KRS 196.550 Repealed, 1962

196.550. Repealed, 1962 Catchline at repeal: Mental Retardation Board. History: Repealed 1962 Ky. Acts ch. 106, Art. XI, sec. 8. -- Created 1960 Ky. Acts ch. 68, Art. VI, sec. 5.

KRS 196.610 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: 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: (a) "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. (b) "Sending state" means a state party to this compact in which conviction or court commitment was had. (c) "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. (d) "Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution. (e) "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 (a) 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. (b) 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 (a) 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. (b) 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. (c) 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. (d) 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. (e) 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. (f) 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. (g) 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. (h) 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. (i) 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 (a) 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. (b) 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. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 25, effective July 12, 2012. -- Amended 1988 Ky. Acts ch. 283, sec. 4, effective July 15, 1988. -- Created 1970 Ky. Acts ch. 154, sec. 3.

KRS 196.620 Commissioner's powers as to compact

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. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 40, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 344, sec. 19, effective July 15, 1982. -- Created 1970 Ky. Acts ch. 154, secs. 2 and 4.

KRS 196.700 Definitions for KRS 196.700 to 196.735

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: (a) Prepare community penalties plans; (b) Directly provide, arrange, or contract with public and private agencies for sentencing services for offenders; and (c) 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. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 2, sec. 70, effective June 8, 2011. -- Amended 2003 Ky. Acts ch. 71, sec. 7, effective June 24, 2003. -- Created 1992 Ky. Acts ch. 255, sec. 2, effective July 14, 1992.

KRS 196.701 Kentucky State Corrections Commission -- Membership

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: (a) The secretary of the Justice and Public Safety Cabinet or his or her designee in writing; (b) The commissioner of the Department of Corrections or his or her designee in writing; (c) The deputy commissioner of the Office of Community Services and Facilities; (d) The deputy commissioner of the Office of Adult Institutions; (e) The director of the Division of Parole Board Support or his or her designee in writing; (f) 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; (g) Two (2) Circuit Court Judges appointed by the Chief Justice; (h) A county judge/executive appointed by the Governor; (i) A county jailer appointed by the Governor; (j) A Commonwealth's attorney appointed by the Governor; (k) A practicing attorney appointed by the Governor; (l) A victim, as that term is defined in KRS 49.280, appointed by the Governor; (m) Four (4) service providers from the field of mental health, substance abuse treatment, or vocational and educational training, appointed by the Governor; (n) A public member who is qualified to express the views of organized labor, appointed by the Governor; (o) A public member who is qualified to express the views of business and industry, appointed by the Governor; (p) The public advocate or his or her designee in writing; and (q) 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. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 141, sec. 4, effective July 14, 2022. -- Amended 2017 Ky. Acts ch. 74, sec. 93, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 72, sec. 2, effective June 25, 2013. -- Amended 2007 Ky. Acts ch. 85, sec. 227, effective June 26, 2007. -- Repealed, reenacted, and amended 2003 Ky. Acts ch. 71, sec. 1, effective June 24, 2003. -- Amended 2001 Ky. Acts ch. 58, sec. 18, effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 14, sec. 16, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 129, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 227, sec. 7, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 211, sec. 24, effective July 14, 1992; and ch. 255, sec. 9, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 497, sec. 1, effective July 13, 1990. Formerly codified as KRS 196.081.

KRS 196.702 Functions of the commission

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: (a) Effectiveness of community corrections programs in maintaining public safety; (b) Reduction of local commitments to the department; (c) Reduction in the rate of recidivism; and (d) 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: (a) The status of the implementation of the statewide strategic plan; (b) The effectiveness of community corrections programs in achieving the goals outlined in subsection (4) of this section; and (c) 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: (a) The need for, and the development of, new or specialized institutions, facilities, or programs; (b) 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 (c) 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: (a) 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 Board Support; 4. The deputy commissioner of the Office of Adult Institutions; and 5. The deputy commissioner of the Office of Community Services and Facilities; (b) 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; (c) Publicize vacancies and impending term expirations on the Parole Board in accordance with standards set forth in KRS 424.180; (d) Submit the names of three (3) candidates to the commission for every vacancy or expired term on the Parole Board; (e) 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 (f) Maintain the statement of qualifications as a public record in accordance with KRS 61.870 to 61.884. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 141, sec. 5, effective July 14, 2022. -- Amended 2013 Ky. Acts ch. 72, sec. 3, effective June 25, 2013. -- Amended 2007 Ky. Acts ch. 85, sec. 228, effective June 26, 2007. -- Created 2003 Ky. Acts ch. 71, sec. 2, effective June 24, 2003.

KRS 196.703 Inspection powers of commission

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. Effective: June 26, 2007 History: Created 2007 Ky. Acts ch. 85, sec. 229, effective June 26, 2007.

KRS 196.704 Commission's duties relating to Prison Industry Enhancement Certification Program

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: (a) Potential job displacements relating to PIECPs; (b) Appropriate leased-labor pay rates for proposed business participants; (c) Opportunities to partner with businesses; (d) Reduction in the rate of recidivism; and (e) 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: (a) The status of the implementation of the statewide strategic plan; (b) The effectiveness of the commission in achieving the goals outlined in this section; and (c) 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: (a) The need for, and the development of, new or specialized facilities or programs; (b) 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 (c) 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. Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 158, sec. 28, effective June 29, 2017.

KRS 196.705 Administration of programs by Kentucky State Corrections Commission -- Purposes of programs

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. Effective: June 24, 2003 History: Amended 2003 Ky. Acts ch. 71, sec. 3, effective June 24, 2003. -- Amended 1994 Ky. Acts ch. 227, sec. 9, effective July 15, 1994. – Created 1992 Ky. Acts ch. 255, sec. 1, effective July 14, 1992.

KRS 196.710 Awarding of grants -- Criteria

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. Effective: June 24, 2003 History: Amended 2003 Ky. Acts ch. 71, sec. 4, effective June 24, 2003. -- Amended 1994 Ky. Acts ch. 387, sec. 28, effective July 15, 1994. – Created 1992 Ky. Acts ch. 255, sec. 3, effective July 14, 1992.

KRS 196.715 Services for targeted offenders -- Assessment of victims' needs

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: (a) Preparing detailed community penalty plans for presentation to the prosecution, the sentencing judge, and by the offender's attorney. (b) 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. (c) 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. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 255, sec. 4, effective July 14, 1992.

KRS 196.720 Plan requirements

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. Effective: June 24, 2003 History: Amended 2003 Ky. Acts ch. 71, sec. 5, effective June 24, 2003. -- Created 1992 Ky. Acts ch. 255, sec. 5, effective July 14, 1992.

KRS 196.725 Community corrections boards -- Membership -- Meetings -- Duties

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. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 255, sec. 6, effective July 14, 1992.

KRS 196.730 Restriction on use of funds

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. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 255, sec. 7, effective July 14, 1992.

KRS 196.731 Pilot projects to grant performance incentive funding to community corrections programs -- Annual calculations of cost savings of state funds

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: (a) 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 (b) 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: (a) 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 (b) 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: (a) 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 (b) Any state expenditures that have been avoided by reductions in the revocation percentage as calculated in paragraph (a) of this subsection. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 2, sec. 71, effective June 8, 2011.

KRS 196.732 Community corrections funds -- Deposit of state funds saved via pilot projects -- Purposes of appropriated funds

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: (a) Fifty percent (50%) to the community corrections program responsible for those savings; and (b) 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: (a) 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 (b) 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: (a) Implementing evidence-based practices; (b) Creating, increasing, or improving the availability of risk reduction and treatment programs and interventions, including substance abuse treatment programs, for supervised individuals; (c) Paying the costs of global positioning monitoring system for offenders of at least medium risk; and (d) Increasing the number of probation and parole staff, including equipment and office space the officers and staff may need. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 2, sec. 72, effective June 8, 2011.

KRS 196.735 Annual evaluation -- Renewal or continuation of programs

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. Effective: June 24, 2003 History: Amended 2003 Ky. Acts ch. 71, sec. 6, effective June 24, 2003. -- Created 1992 Ky. Acts ch. 255, sec. 8, effective July 14, 1992.

KRS 196.736 Annual report on implementation of pilot projects instituted pursuant to KRS 196.731

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. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 2, sec. 73, effective June 8, 2011.

KRS 196.990 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. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 418, sec. 15, effective July 15, 1994. -- Amended 1980 Ky. Acts ch. 188, sec. 146, effective July 15, 1980. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 216a-3, 216aa-7, 216aa-21, 216aa-32, 423.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38074Fetched: 10/20/2026