CORRECTIONS IMPACT STATEMENT
BR# 898
Bill Number: HB 150
Subject: AN ACT relating to the protection of adults
Sponsor(s): Rep Stein
Introduction Date:1/8/03 Assignment Date:
Due Date:
Text of Legislation:
Amend KRS 209.005 to create the Commission on Elder Abuse and define the membership to consist of heads of the various state agencies dealing with adults; provide for the Governor to appoint the initial chair and vice chair, with subsequent chairs elected by the membership; create a new section of KRS Chapter 209 to define the duties of the commission to include developing by-laws and a work plan, acting as liaison with the Governor's Office, General Assembly, and public, working with local community leaders, developing model protocols on elder maltreatment, making recommendations for training and education on elder issues, funding sources, and data collection, with a focus on the needs of Kentuckians age 60 and older; require a report by September 30 each year; permit members to receive actual expenses, and require the Cabinet for Families and Children to provide staffing; amend KRS 209.010 to clarify that the purpose of chapter is to protect vulnerable adults, including but not limited to older adults, suffering from abuse, neglect, or exploitation who request or do not refuse services; require reports of abuse, neglect, or exploitation to be reported, and make findings and declarations, including the need for a system of protective services with due process; amend KRS 209.020 to define "authorized investigative agency," "caretaker," "vulnerable adult," "abuse"; create a new section of KRS Chapter 209 to authorize the secretary of the cabinet to adopt rules and promulgate administrative regulations relating to elder maltreatment issues; amend KRS 209.030 to clarify elder maltreatment reporting responsibilities, require oral or written reporting to the cabinet, local law enforcement, State Police, Commonwealth's attorney, or county attorney, and specify information to be given, if known; require written reporting, if requested, within 48 hours by person making oral report; require the cabinet to take action as soon as practicable upon receipt of report, and to notify each appropriate investigative agency; require cooperation of authorized investigative agencies; authorize investigative agency to enter premises of health facility or service licensed by Cabinet for Health Services; authorize the investigative agency to be allowed access to financial records in possession of financial institution, in addition to previously identified records; amend KRS 209.040 to clarify that any authorized investigative agency or private citizen may apply for restraining order to prohibit abuse, neglect, or exploitation of a vulnerable adult; amend KRS 209.050 to provide civil immunity for person making good faith effort to assist a vulnerable adult; amend KRS 209.060 to clarify that only the attorney-client privilege may be a ground for excluding evidence regarding abuse, neglect, or exploitation; create a new section of KRS Chapter 209 to set forth the jurisdiction of the various authorized investigative agencies, and establish the process for handling reports of abuse, neglect, or exploitation; amend KRS 209.100 to require any protective services to be in an integrated setting that is appropriate to placement needs; amend KRS 209.110 to prohibit service of an emergency protective order on a person believed to have perpetrated the abuse, neglect, or exploitation; amend KRS 209.120 to require services to be in a setting appropriate to a person's placement needs; amend KRS 209.130 to prohibit service of an ex parte order on a person believed to have perpetrated the abuse, neglect, or exploitation; amend KRS 209.140 to require an authorized investigative agency that receives information in an investigation to maintain confidentiality; provide for exceptions, to include a financial institution or other authorized investigative agencies; amend KRS 209.150 to provide that any person with knowledge of abuse, neglect, or exploitation of a vulnerable adult by a caretaker may file a criminal complaint, a vulnerable adult may file a criminal complaint, or an authorized investigative agency may file a criminal complaint; create a new section of KRS Chapter 535 to provide penalties for elder abuse, neglect, and exploitation; create penalties for financially exploiting a vulnerable adult; provide immunity for people who make good faith effort to assist a vulnerable adult; repeal KRS 209.090, relating to legislative intent, and KRS 209.990, relating to penalties.Summary Impact -- Indicate affected service levels, workloads, staff and program areas (describe any coordination issues with other state/external agencies or groups):
Offense and penalty aspects of this bill create felonies described as knowingly abusing/neglecting a vulnerable adult and knowingly exploiting a vulnerable adult > $300. These will be Class C felonies. The bill also creates the offenses of recklessly abusing/neglecting a vulnerable adult and recklessly exploiting a vulnerable adult > $300. These will be Class D felonies.If this bill is enacted, the Department of Corrections (DOC) estimates that it could result in four additional inmates in FY 04 with an average sentence of seven years (average time-served of 31.8 months) and nine additional inmates in FY 05 with a seven year sentence.
Fiscal Impact -- Also include increased/decreased administrative cost and whether new fund sources would be required (identify fund sources, and GOPM staff person consulted):
Based upon the facts and assumptions noted above, the DOC estimates that this bill could result in four additional inmates in FY 04 at a cost of approximately $42,000 and nine additional inmates in FY 05 at a cost of approximately $96,800.NOTE: In all cases, consideration should be given to the cumulative impact of all bills that increase the felon population and therefore impose new cost obligations on the Department of Corrections.
Will Administrative Regulations be required or will existing regulations need revision? Yes No
Approved By: Date
Title: Commissioner
Expand Sections or Attach Additional Page(s) if needed.
Revised: