UNOFFICIAL COPY AS OF 12/22/1804 REG. SESS.04 RS HB 161/GA
AN ACT relating to the Justice Cabinet.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Page 1 of 29
HB016110.100-419GA
UNOFFICIAL COPY AS OF 12/22/1804 REG. SESS.04 RS HB 161/GA
SECTION 1. A NEW SECTION OF KRS CHAPTER 15 IS CREATED TO READ AS FOLLOWS:
(1)The Criminal Justice Council is hereby created within the Justice Cabinet.
(2)The membership of the council shall consist of:
(a)The secretary of justice, who shall serve as the chairman;
(b)The Attorney General or his or her designee;
(c)The chair of the Judiciary Committee of the House of Representatives;
(d)The chair of the Judiciary Committee of the Senate;
(e)The executive director of the Administrative Office of the Courts or his or her designee;
(f)The president of the Kentucky Association of Criminal Defense Lawyers or his or her designee;
(g)The deputy secretary of the Justice Cabinet;
(h)The commissioner of the Department of State Police;
(i)The commissioner of the Department of Criminal Justice Training;
(j)The commissioner of the Department of Corrections;
(k)The commissioner of the Department of Juvenile Justice;
(l)The Deputy Public Advocate of Kentucky or his or her designee; and
(m)A representative of the Commonwealth's Attorneys Association.
(3)The council shall undertake such research and other activities as may be authorized or directed by:
(a)The secretary of justice; or
(b)The General Assembly.
(4)The council shall meet on the call of its chairman.
Section 2. KRS 15.280 is repealed, reenacted as a new section of KRS Chapter 15A, and amended to read as follows:
(1)A Criminal Justice Statistical Analysis Center is hereby created as part of the[ Kentucky] Justice Cabinet.
(2)The Criminal Justice Statistical Analysis Center shall provide its reports and recommendations to the Governor and the General Assembly through the office of the secretary of justice[Kentucky Criminal Justice Council].
(3)The Criminal Justice Statistical Analysis Center shall:
(a)Improve the quality and usefulness of criminal justice statistics and research results that are disseminated to citizens, public agencies, and private agencies in Kentucky by:
1.Conducting periodic needs assessments of criminal justice agencies;
2.Analyzing offender-based tracking data;
3.Conducting specialized studies that use statistical data which are presently maintained by state and local agencies in Kentucky; and
4.Supporting the implementation of the[a] statewide unified criminal justice information system[ through the Unified Criminal Justice Information System Committee of the Kentucky Criminal Justice Council].
(b)Publish[Increase the ability of statistical users to translate data and research results into practice by:
1.Publishing] research results and statistical data that are requested by criminal justice agencies[; and
2.Conducting conferences and workshops on the use of statistical information];
(c)Improve the relationship between citizens and criminal justice agencies of Kentucky by conducting citizen surveys of the needs, attitudes, and behavior relating to crime and justice; and
(d)Strengthen the relationship between[ the] Kentucky criminal justice agencies and the[ National] Bureau of Justice Statistics, United States Department of Justice, by:
1.Providing justice statistics to the Bureau of Justice Statistics as required; and
2.Serving as a clearinghouse for Bureau of Justice Statistics materials.
(4)The[ Kentucky Justice] cabinet may expend any federal grants or federal funds provided for carrying out the functions and authority as assigned in this section. Further, the[ Kentucky Justice] cabinet[ through the Kentucky Criminal Justice Council] may employ such employees as may be necessary to fulfill the duties, responsibilities, and functions assigned by this section.
Section 3. KRS 15A.040 is amended to read as follows:
[(1)]The Office of the Secretary of Justice[Criminal Justice Council] shall advise[ and recommend to] the Governor and the General Assembly on policies and direction for long-range planning regarding all elements of the criminal justice system. The office shall also[council shall review and make written recommendations on subjects including but not limited to administration of the criminal justice system, the rights of crime victims, sentencing issues, capital litigation, a comprehensive strategy to address gangs and gang problems, and the Penal Code. Recommendations for these and all other issues shall be submitted to the Governor and the Legislative Research Commission at least six (6) months prior to every regular session of the Kentucky General Assembly. The council shall]:
(1)[(a)][Make recommendations to the justice secretary with respect to the ]Award[ of] state and federal grants and ensure that the grants are consistent with the priorities adopted by the Governor and[,] the General Assembly[, and the council];
(2)[(b)Conduct comprehensive planning to promote the maximum benefits of grants;
(c)Develop model criminal justice programs;
(d)]Disseminate information on criminal justice issues and crime trends; and
[(e)Work with community leaders to assess the influence of gangs and the problems that gangs cause for local communities, assist local communities in mobilizing community resources to address their problems, sponsor multidisciplinary training to help communities focus on proven strategies to address gang problems, and conduct an ongoing assessment of gang problems in local communities;
(f)Recommend any modifications of law necessary to insure that the laws adequately address problems identified in local communities relating to gangs;]
(3)[(g)]Provide technical assistance to all criminal justice agencies[;
(h)Review and evaluate proposed legislation affecting criminal justice; and
(i)All reports and proposed legislation shall be presented to the Interim Joint Committee on Judiciary not later than July 1 of the year prior to the beginning of each regular session of the General Assembly.
(2)Membership of the Criminal Justice Council shall consist of the following:
(a)The secretary of the Justice Cabinet or his designee;
(b)The director of the Administrative Office of the Courts or his designee;
(c)The Attorney General or his designee;
(d)Two (2) members of the House of Representatives as designated by the Speaker of the House;
(e)Two (2) members of the Senate as designated by the President of the Senate;
(f)A crime victim, as defined in KRS Chapter 346, to be selected and appointed by the Governor;
(g)A victim advocate, as defined in KRS 421.570, to be selected and appointed by the Governor;
(h)A Kentucky college or university professor specializing in criminology, corrections, or a similar discipline to be selected and appointed by the Governor;
(i)The public advocate or his designee;
(j)The president of the Kentucky Sheriffs' Association;
(k)The commissioner of state police or his designee;
(l)A person selected by the Kentucky State Lodge of the Fraternal Order of Police;
(m)The president of the Kentucky Association of Chiefs of Police;
(n)A member of the Prosecutors Advisory Council as chosen by the council;
(o)The Chief Justice or a justice or judge designated by him;
(p)One (1) member of the Kentucky Association of Criminal Defense Lawyers, appointed by the president of the organization;
(q)One (1) member of the Kentucky Jailers' Association appointed by the president of the organization;
(r)One (1) member of the Circuit Clerks' Association;
(s)Three (3) criminal law professors, one each from the University of Kentucky College of Law, the Louis D. Brandeis School of Law at the University of Louisville, and the Salmon P. Chase College of Law at Northern Kentucky University, to be selected and appointed by the Governor;
(t)One (1) District Judge, designated by the Chief Justice;
(u)One (1) Circuit Judge, designated by the Chief Justice;
(v)One (1) Court of Appeals Judge, designated by the Chief Justice;
(w)One (1) representative from an organization dedicated to restorative principles of justice involving victims, the community, and offenders;
(x)One (1) individual with a demonstrated commitment to youth advocacy, to be selected and appointed by the Governor;
(y)The commissioner of the Department of Juvenile Justice or his designee;
(z)The commissioner of the Department of Corrections, or his designee;
(aa)The commissioner of the Department of Criminal Justice Training or his designee; and
(ab)The Governor's chief information officer.
(3)The secretary of justice shall serve ex officio as chairman of the council. Each member of the council shall have one (1) vote. Members of the council shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the performance of their duties.
(4)The council shall meet at least once every three (3) months.
(5)The council may hold additional meetings:
(a)On the call of the chairman;
(b)At the request of the Governor to the chairman; or
(c)At the written request of the members to the chairman, signed by a majority of the members.
(6)Two-thirds (2/3) members of the council shall constitute a quorum for the conduct of business at a meeting.
(7)Failure of any member to attend two (2) meetings within a six (6) month period shall be deemed a resignation from the council and a new member shall be named by the appointing authority.
(8)The council is authorized to establish committees and appoint additional persons who may not be members of the council as necessary to effectuate its purposes, including but not limited to:
(a)Uniform Criminal Justice Information System committee;
(b)Committee on sentencing; and
(c)Penal Code committee.
(9)The council's administrative functions shall be performed by a full-time executive director, who shall also serve as the executive director of the office of the Criminal Justice Council, appointed by the secretary of the Justice Cabinet and supported by the administrative, clerical, and other staff as allowed by budgetary limitations and as needed to fulfill the council's role and mission and to coordinate its activities].
Section 4. KRS 15A.030 is amended to read as follows:
(1)[The Justice Cabinet, ]In addition to the departments set forth in KRS 15A.020, the cabinet shall consist of the following organizational units which are hereby created or reestablished:
(a)[(1)]Office of the Secretary of Justice comprised of the secretary;[ of justice, the Commission on Correction and Community Service, the Kentucky State Corrections Commission, the Office of the Criminal Justice Council, and the Criminal Justice Council. The Parole Board shall be attached to the Office of the Secretary for administrative and support purposes only.]
(b)[(2)]Offices of Deputy Secretaries of Justice;[.]
(c)[(3)]Office of the General Counsel;[.]
(d)[(4)Division of Kentucky State Medical Examiners Office.
(5)]Office of Management, Administrative, and Legal Services;
(e)The Commission on Correction and Community Service;
(f)The Kentucky State Corrections Commission;
(g)The Parole Board;
(h)Office of the Executive Director of the Parole Board; and
(i)Division of Kentucky State Medical Examiners Office.
(2)The Parole Board shall be attached to the Office of the Secretary for administrative and support purposes only.
(3)The Office of Management, Administrative, and Legal Services[, which] shall be responsible for providing information systems management, investigative services, and legal services to the Office of the Secretary. The office shall be headed by an executive director appointed by the secretary in accordance with KRS 12.050.
Section 5. KRS 15A.060 is amended to read as follows:
The office of the secretary of justice shall serve as the state planning agency for purposes of compliance with the Omnibus[Federal] Crime Control and Safe Streets Act of 1968, Pub. L. 90-351, as amended, or subsequently adopted federal criminal justice legislation, and provide for[staff services to the Criminal Justice Council relating to] the administration of those[these] federally supported programs.
Section 6. KRS 17.131 is amended to read as follows:
(1)There is hereby established the Kentucky Unified Criminal Justice Information System, referred to in this chapter as the "system." The system shall be a joint effort of[ the] criminal justice agencies and the Court of Justice[courts]. Notwithstanding any statutes, administrative regulations, rules, and policies to the contrary, if standards and technologies other than those set by the Governor's Office for Technology are required, the Commonwealth's chief information officer shall review, expedite, and grant appropriate exemptions to effectuate the purposes of the unified criminal justice information system. Nothing in this section shall be construed to hamper any public officer or official, agency, or organization of state or local government from furnishing information or data that they are required or requested to furnish and which they are allowed to procure by law, to the General Assembly, the Legislative Research Commission, or a committee of either. For the purposes of this section, "criminal justice agencies" include all departments of the Justice Cabinet, the Unified Prosecutorial System, Commonwealth's attorneys, county attorneys, the Transportation Cabinet, the Cabinet for Health Services, and any agency with the authority to issue a citation or make an arrest.
(2)The program to design, implement, and maintain the system shall be under the supervision of the secretary of the Justice Cabinet and the chief information officer of the Commonwealth, in consultation with the Administrative Office of the Courts[Uniform Criminal Justice Information System Committee of the Criminal Justice Council. The membership of this committee shall be determined by the council, upon the recommendation of the Governor's chief information officer, who shall chair the committee].
(3)The secretary of the Justice Cabinet[committee] shall be responsible for the[recommending standards, policies, and other matters to the secretary of justice for] promulgation of administrative regulations in accordance with KRS Chapter 13A to implement the policies, standards, and other matters relating to the system and its operation.
(4)[The committee shall submit recommendations to the Criminal Justice Council and the secretary of justice for administrative regulations to implement the uniform policy required to operate the system. The committee shall implement the uniform policy.
(5)]The administrative regulations[uniform policy] shall include a system to enable[ the] criminal justice agencies[ and the courts] to share data stored in each other's information systems. Initially, the administrative regulations[uniform policy] shall maximize the use of existing databases and platforms through the use of a virtual database created by network linking of existing databases and platforms among the various criminal justice agencies[departments]. The administrative regulations[uniform policy] shall also develop plans for the new open system platforms before the existing platforms become obsolete.
[(6)The committee shall be responsible for recommending to the Criminal Justice Council and the secretary of justice any necessary changes in administrative regulations necessary to implement the system. The committee shall also recommend to the Criminal Justice Council, the Chief Justice, and the secretary of justice recommendations for statutory additions or changes necessary to implement and maintain the system. The secretary shall be responsible for reporting approved statutory recommendations to the Governor, the Chief Justice, the Legislative Research Commission, and appropriate committees of the General Assembly.
(7)The chair of the committee shall report annually to the Criminal Justice Council on the status of the system.]
(5)[(8)]All criminal justice agencies and the Court of Justice shall follow the policies established by administrative regulation for the exchange of data and connection to the system.
(6)[(9)]The chief information officer of the Commonwealth[committee] shall review how changes to existing criminal justice agency applications impact the new integrated network. Changes to criminal justice agency applications that have an impact on the integrated network shall be coordinated through and approved by the chief information officer and the secretary of the Justice Cabinet[committee].
(7)[(10)]Any future state-funded expenditures by a criminal justice agency or the Court of Justice for computer platforms in support of criminal justice applications shall be reviewed by the chief information officer of the Commonwealth[committee].
(8)As part of the unified criminal justice information system, the secretary of the Justice Cabinet, and the chief information officer of the Commonwealth, in consultation with the Administrative Office of the Courts, shall design and implement an automated warrant system. The automated warrant system shall be compatible with any similar system required by the federal government for inclusion of state information in federal criminal justice databases.
(9)[(11)]Any criminal justice agency or agency in the Court of Justice[officer] that does not participate in the unified criminal justice information system may be denied access to state and federal grant funds.
Section 7. KRS 31.015 is amended to read as follows:
(1)(a)The Public Advocacy Commission shall consist of the following members, none of whom shall be a prosecutor, law enforcement official, or judge, who shall serve terms of four (4) years, except the initial terms shall be established as hereafter provided:
1.Two (2) members appointed by the Governor;
2.One (1) member appointed by the Governor. This member shall be a child advocate or a person with substantial experience in the representation of children;
3.[One (1) member who is the executive director of the Criminal Justice Council of the Justice Cabinet;
4.]Two (2) members appointed by the Kentucky Supreme Court;
4.[5.]Two (2) members, who are licensed to practice law in Kentucky and have substantial experience in the representation of persons accused of crime, appointed by the Governor from a list of three (3) persons submitted to him for each individual vacancy by the board of governors of the Kentucky Bar Association;
5.[6.]The dean, ex officio, of each of the law schools in Kentucky or his designee; and
6.[7.]One (1) member appointed by the Governor from a list of three (3) persons submitted to him or her by the joint advisory boards of the Protection and Advocacy Division of the Department of Public Advocacy.
(b)Any member of the commission serving prior to July 15, 2002, shall serve until the expiration of his or her current term of office. Subsequent appointments shall be for a term of four (4) years from the date of expiration of the term for which his or her predecessor was appointed.
(2)At the first meeting of the commission, a drawing by lot shall be conducted to determine the length of each original member's term. Initially there shall be four (4) two (2) year terms, four (4) three (3) year terms, and four (4) four (4) year terms. Vacancies in the membership of the commission shall be filled in the same manner as original appointments. Appointments to fill vacancies occurring before the expiration of a term shall be for the remainder of the unexpired term.