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AN ACT relating to crimes and punishments.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 15.280 is 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 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. Developing official statistical information relating to the number and
types of sexual offenders subject to the sex offender registration
system and those who are required to be subject to electronic
monitoring under Section 16 of this Act; and
5. Supporting the implementation of a statewide Unified Criminal Justice
Information System through the Unified Criminal Justice Information
System Committee of the Kentucky Criminal Justice Council.
(b) 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
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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 2. A NEW SECTION OF KRS CHAPTER 15A IS CREATED TO
READ AS FOLLOWS:
(1) The Criminal Justice Council shall, every two (2) years, study and report on the
effectiveness of Kentucky's sex offender registration process and community and
public notification provisions. As part of this study, the council shall examine the
current practices of each agency, office, or other governmental entity having a
role in the sex offender registration system, in both the executive and judicial
branches of government. The study shall include an examination of the sharing
of offender information regarding registered sex offenders among system
operators and users, the system's ability to provide the most accurate, current and
comprehensive information to users of the system, the system's integration with
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programs responsible for monitoring and supervising sex offenders, and the
ready availability of system information to participants in the criminal justice
system at each point in the criminal justice process.
(2) In addition to examining the effectiveness of the sex offender registration system
under subsection (1) of this section, the council shall additionally study the
question of whether the notification provisions in statute are sufficient to apprise
communities of the presence of sex offenders. In examining this question, the
study shall examine how state and local law enforcement agencies collect and
disseminate information in an effort to notify the public and communities of the
presence of sex offenders. If the study finds deficiencies in the registration
process, the notification provisions, or both, the report on the study shall provide
options for correcting those deficiencies and shall include the projected cost of
implementing those options.
(3) In conducting the studies required by this section, the council shall consult with
nongovernmental organizations advocating for the interests of victims of sexual
violence and assault and those advocating for the treatment of sex offenders, in
addition to other interested entities that may offer experiences and perspectives
unique to this area of research.
(4) The report required by this section shall be submitted to the Legislative Research
Commission no later than November 1 of each even-numbered year, beginning
with November 1, 2006.
Section 3. KRS 17.170 is amended to read as follows:
(1) As used in this section,"DNA database eligible offense" means:
(a) Any felony; and
(b) Any criminal offense or attempted offense against a victim who is a minor,
as that phrase is defined in Section 7 of this Act.
(2) Any person, including a minor, convicted or adjudicated delinquent for the
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commission of any DNA database eligible offense, or who is in the custody of the
Department of Corrections or the Department of Juvenile Justice on or after the
effective date of this Act for the commission of a DNA database eligible offense,
shall[convicted on or after July 14, 1992, of a felony offense under KRS Chapter
510 or KRS 530.020, shall, or who is in the custody of the Department of
Corrections on July 14, 1992, under KRS Chapter 510 or KRS 530.020 may,] have
a sample of blood, an oral swab, or sample obtained through a noninvasive
procedure taken by the Department of Corrections for DNA (deoxyribonucleic acid)
law enforcement identification purposes and inclusion in law enforcement
identification databases.
(3)[(2)] The samples shall be obtained in a medically approved manner by a physician,
registered nurse, phlebotomist, medical technician, or medical technologist, and
packaged and submitted in containers provided by the Department of State Police
forensic laboratory in accordance with administrative regulations promulgated by
the Department of State Police forensic laboratory. No civil liability shall attach to
any person authorized to obtain the DNA sample as provided by this section as a
result of the act of obtaining the DNA sample from any person, provided the
procedure was done according to generally accepted medical procedures.
(4)[(3)] The cost of testing shall be paid by the agency or individual making the
request for testing.
(5)[(4)] Any person who tampers or attempts to tamper with any DNA sample
collected under this section or its container without lawful authority shall be guilty
of a Class D felony.
Section 4. KRS 17.175 is amended to read as follows:
(1) A centralized database of DNA (deoxyribonucleic acid) identification records for
convicted criminals, crime scene specimens, missing persons, and close biological
relatives of missing persons shall be established in the Department of State Police
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under the direction, control, and supervision of the State Police forensic laboratory.
The established system shall be compatible with the procedures set forth in a
national DNA identification index to ensure data exchange on a national level.
(2) The purpose of the centralized DNA database is to assist federal, state, and local
criminal justice and law enforcement agencies within and outside the
Commonwealth in the identification, detection, or exclusion of individuals who are
subjects of the investigation or prosecution of sex-related crimes, violent crimes, or
other crimes and the identification and location of missing and unidentified persons.
(3) The Department of State Police forensic laboratory shall receive, analyze, and
classify samples of blood received from the Department of Corrections in
compliance with KRS 17.170 and this section, and samples from other sources, and
shall file the DNA results in the centralized databases for identification and
statistical purposes.
(4) Records produced from the samples shall be used only for law enforcement
purposes and shall be exempt from the provisions of KRS Chapter 61.
(5) A person whose DNA profile has been included in the data bank pursuant to this
chapter may request expungement on the grounds that the[ felony] conviction or
adjudication on which the authority for including the DNA profile was based, has
been reversed and the case dismissed. The Department of State Police shall expunge
all identifiable information in the data bank pertaining to the person and destroy all
samples from the person upon receipt of:
(a) A written request for expungement pursuant to this section; and
(b) A certified copy of the court order reversing and dismissing the conviction or
adjudication.
(6) The Department of State Police forensic laboratory shall promulgate administrative
regulations necessary to carry out the provisions of the DNA database identification
system to include procedures for collection of DNA samples and the database
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system usage and integrity.
(7) Any person who disseminates, receives, or otherwise uses or attempts to use
information in the database, knowing that such dissemination, receipt, or use is for a
purpose other than authorized by law, shall be guilty of a Class A misdemeanor.
Section 5. KRS 17.180 is amended to read as follows:
(1) The Kentucky State Police shall design, implement, and maintain an automated
fingerprint identification system.
(2) The automated fingerprint identification system shall be compatible with any
similar system required by the federal government for inclusion of state information
in federal criminal justice databases.
(3) The Commonwealth shall provide and maintain in every detention center and in
every probation and parole office the automated fingerprint identification system
equipment and programs required by the Kentucky State Police through
administrative regulation.
Section 6. KRS 17.495 is amended to read as follows:
(1) (a) No registrant, as defined in KRS 17.500,[ who is placed on probation, parole,
or any form of supervised release,] shall reside within one thousand five
hundred (1,500)[ (1,000)] feet of a high school, middle school, elementary
school, preschool, or licensed day care facility. The measurement shall be
taken in a straight line from the nearest wall of the school to the nearest wall
of the registrant's place of residence.
(b) This subsection[section] shall not apply to a youthful offender probated or
paroled during his or her minority or while enrolled in a secondary education
program. Upon reaching the age of eighteen (18) years the registrant shall
comply with the provisions of this subsection and remove himself or herself
to a residence located one thousand five hundred (1,500) feet or more from
the school or licensed day care facility.
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(2) No registrant, as defined in Section 7 of this Act, nor any person residing outside
of Kentucky who would be required to register under Section 8 of this Act if the
person resided in Kentucky, shall be on the clearly defined grounds of a high
school, middle school, elementary school, preschool, or licensed day care facility,
except with the advance written permission of the school principal, the school
board, or the day care director that has been given after full disclosure of the
person's status as a registrant or sex offender from another state and all
registrant information as required in Section 7 of this Act.
Section 7. KRS 17.500 is amended to read as follows:
As used in KRS 17.500 to 17.540:
(1) "Cabinet" means the Justice Cabinet.
(2) (a) Except as provided in paragraph (b) of this subsection, "criminal offense
against a victim who is a minor" means any of the following offenses if the
victim is under the age of eighteen (18) at the time of the commission of the
offense:
1. Kidnapping, as set forth in KRS 509.040, except by a parent;
2. Unlawful confinement, as set forth in KRS 509.020, except by a parent;
3. Sex crime;
4. Any offense involving the sexual exploitation of a minor under KRS
531.310 to 531.370[Promoting a sexual performance of a minor, as set
forth in KRS 531.320];
5. Promoting prostitution, as set forth in KRS 529.030, 529.040, and
529.050, when the defendant advances or profits from the prostitution of
a person under the age of eighteen (18);
6.[ Use of a minor in a sexual performance, as set forth in KRS 531.310;
7.] Sexual abuse, as set forth in KRS 510.120 and 510.130;
7.[8.] Any attempt to commit any of the offenses described in subparagraphs 1.
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to 6.[7.] of this paragraph; and
8.[9.] Solicitation to commit any of the offenses described in subparagraphs 1.
to 6.[7.] of this paragraph.
(b) Conduct which is criminal only because of the age of the victim shall not be
considered a criminal offense against a victim who is a minor if the
perpetrator was under the age of eighteen (18) at the time of the commission
of the offense.
(3) "Law enforcement agency" means any lawfully organized investigative agency,
police unit, or police force of federal, state, county, city, metropolitan
government, or a combination of these, responsible for the detection of crime
and the enforcement of the general criminal federal or state laws.
(4) "Registrant" means:
(a) Any person eighteen (18) years of age or older at the time of the offense or
any youthful offender, as defined in KRS 600.020, who has committed:
1. A sex crime; or
2. A criminal offense against a victim who is a minor; or
(b) Any person required to register under KRS 17.510(6) or (7);[ or]
(c) Any sexually violent predator; or
(d) Any juvenile sexual offender covered by KRS 635.500 to 635.545.
(5) "Registrant information" means the following information about the registrant:
(a) Name;[,]
(b) Social Security number;[,]
(c) Age;[,]
(d) Race;[,]
(e) Sex;[,]
(f) Date of birth;[,]
(g) Height;[,]
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(h) Weight;[,]
(i) Hair and eye color;[,]
(j) Fingerprints;[,]
(k) A photograph;[,]
(l) Aliases used;[,]
(m) Residence, both as to the actual physical address of any permanent
residence and any current temporary or transient residence of the
registrant, within the state or out of state, and any rural route address and a
post office box used by the registrant, with the additional requirement that:
1. If the registrant's place of residence is a motor vehicle, trailer, mobile
home, or manufactured home, the registrant shall also provide the
vehicle identification number; the license tag number; the registration
number; and a description, including color scheme, of the motor
vehicle, trailer, mobile home, or manufactured home; and
2. If the registrant's place of residence is a vessel, live-aboard vessel, or
houseboat, the registrant shall also provide the hull identification
number; the manufacturer's serial number; the name of the vessel,
live-aboard vessel, or houseboat; the registration number; and a
description, including color scheme, of the vessel, live-aboard vessel,
or houseboat;
(n) The vehicle make, model, color, and license tag number of any vehicle
operated by the registrant;
(o) The date and place of any employment held by the registrant;
(p) The name, address, and county of each school or institution of higher
education, including each campus where the registrant has been or may be
physically present, if the registrant is enrolled, employed, or carrying on a
vocation in any public or private educational institution, including any
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school, secondary school, trade or professional institution, or institution of
higher education, together with the registrant's enrollment or employment
status;
(q) A brief description of the crime or crimes committed;[,] and
(r) Any other information the cabinet determines, by administrative regulation,
may be useful in the identification of registrants.
(6) "Sex crime" means:
(a) A felony offense defined in KRS Chapter 510, KRS 530.020, 530.064,
531.310, or 531.320;
(b) A felony attempt to commit a felony offense specified in paragraph (a) of this
subsection;[ or]
(c) A federal felony offense, a felony offense subject to a court-martial of the
United States Armed Forces, or a felony offense from another state or a
territory where the felony offense is similar to a felony offense specified in
paragraph (a) of this subsection;
(d) The commission or attempted commission of an offense defined in KRS
508.140 or 508.150 involving reasonable fear of sexual contact; or
(e) The commission or attempted commission of an offense defined in KRS
510.140, 510.148, 510.150, 531.090, or 531.100.
(7) "Sexually violent predator" means any person who has been subjected to
involuntary civil commitment as a sexually violent predator, or a similar
designation, under a state, territory, or federal statutory scheme.
Section 8. KRS 17.510 is amended to read as follows:
(1) The cabinet shall develop and implement a registration system for registrants which
includes creating a new computerized information file to be accessed through the
Law Information Network of Kentucky.
(2) A registrant shall, on or before the date of his or her release by the court, the parole
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board, the cabinet, or any detention facility, register with the appropriate local
probation and parole office in the county in which he or she intends to reside. The
person in charge of the release shall facilitate the registration process.
(3) Any person required to register pursuant to subsection (2) of this section shall be
informed of the duty to register by the court at the time of sentencing and by the
official in charge of the place of confinement upon release. The court and the
official shall require the person to read and sign any form that may be required by
the cabinet, stating that the duty of the person to register has been explained to the
person. The court and the official in charge of the place of confinement shall require
the releasee to complete the acknowledgment form and the court or the official shall
retain the original completed form. The official shall then send the form to the
Information Services Center, Kentucky State Police, Frankfort, Kentucky 40601.
(4) The court or the official shall order the person to:
(a) Register with the appropriate local probation and parole office; and
(b) Report to a local detention facility within forty-eight (48) hours. The facility
shall obtain the person's fingerprints under KRS 441.046 and the person's
photograph. The local detention facility shall send the fingerprints and the
photograph to the Information Services Center, Kentucky State Police,
Frankfort, Kentucky 40601.
(5) (a) The appropriate probation and parole office shall send the registration form
containing the registrant information as well as any special conditions
imposed by the court or the Parole Board, to the Information Services Center,
Kentucky State Police, Frankfort, Kentucky 40601.
(b) The Information Services Center, upon request by a state or local law
enforcement agency, shall make available to that agency registrant
information, including a person's fingerprints and photograph, where
available, as well as any special conditions imposed by the court or the Parole
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Board.
(c) Any employee of the Justice Cabinet who disseminates, or does not
disseminate, registrant information in good faith compliance with the
requirements of this subsection shall be immune from criminal and civil
liability for the dissemination or lack thereof.
(6) Any person who has been convicted in a court of another state or territory, a court of
the United States, or a court martial of the United States Armed Forces of a sex
crime or criminal offense against a victim who is a minor, or who has been
committed as a sexually violent predator under the laws of another state, laws of a
territory, or federal laws, shall be informed at the time of his or her relocation to
Kentucky of the duty to register under this section, and to comply with the
requirements of subsection (4)(b) of this section, by the interstate compact officer of
the Department of Corrections or the Department of Juvenile Justice. The officer
shall require the person to read and sign any form that may be required by the
cabinet, stating that the duty of the person to register under this section has been
explained. The officer shall order the person to complete the registration form, and
the officer shall facilitate the registration process. The officer shall then send the
form, including any special conditions imposed by the court or the Parole Board in
the state of conviction to the Information Services Center, Kentucky State Police,
Frankfort, Kentucky 40601, and to the appropriate local probation and parole office
in the county of the registrant's residence.
(7) If a person is required to register under federal law or the laws of another state or
territory, or if the person has been convicted of an offense under the laws of another
state or territory that would require registration if committed in this
Commonwealth, that person upon changing residence from the other state or
territory of the United States to the Commonwealth or upon entering the
Commonwealth for employment, to carry on a vocation, or as a student shall
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comply with the registration requirement of this section and the requirements of
subsection (4)(b) of this section and shall register with the appropriate local
probation and parole office in the county of employment, vocation, or schooling. As
used in this subsection, "employment" or "carry on a vocation" includes
employment that is full-time or part-time for a period exceeding fourteen (14) days
or for an aggregate period of time exceeding thirty (30) days during any calendar
year, whether financially compensated, volunteered, or for the purpose of
government or educational benefit. As used in this subsection, "student" means a
person who is enrolled on a full-time or part-time basis, in any public or private
educational institution, including any secondary school, trade or professional
institution, or institution of higher education.
(8) The registration form shall be a written statement signed by the person which shall
include registrant information.
(9) For purposes of this section and KRS 17.550 to 17.991, a post office box number
shall not be considered an address.
(10) (a) If the residence address of any registrant changes, but the registrant remains in
the same county, the person shall register, on or before the date of the change
of address, with the appropriate local probation and parole office in the county
in which he or she resides.
(b) 1. If the registrant changes his or her residence to a new county, the person
shall notify his or her current local probation and parole office of the
new residence address on or before the date of the change of address.
2. The registrant shall also register with the appropriate local probation and
parole office in the county of his or her new residence no later than five
(5) days after the date of the change of address.
(c) 1. As soon as a probation and parole office learns of the person's new
address under paragraph (b)1. of this subsection, that probation and
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parole office shall notify the appropriate local probation and parole
office in the county of the new address of the effective date of the new
address.
2. As soon as a probation and parole office learns of the person's new
address under paragraph (b)2. of this subsection, that office shall
forward this information as set forth under subsection (5) of this section.
(d) If a registrant has no permanent residence:
1. The probation and parole office shall obtain, and the registrant shall
provide, the registrant's temporary or transient address; and
2. The registrant shall personally appear at the probation and parole
office at least once every two (2) weeks and verify the current accuracy
of the registrant's registration information.
(11) Any person required to register under this section who violates any of the provisions
of this section by act or omission, including failing to appear for registration or
verification of registration, is guilty of a Class D felony.
(12) Any person required to register under this section who knowingly provides false,
misleading, or incomplete information is guilty of a Class D felony.
(13) (a) The Justice Cabinet shall verify the addresses of individuals required to
register under this section[. Verification shall occur] at least once every ninety
(90) days. That verification process shall include the personal appearance of
the registrant at the appropriate probation and parole office, and shall
include a verification of all of the registrant's registration information, with
a separate verification of any address used by the individual[ for a person
required to register under KRS 17.520(2) and at least once every calendar year
for a person required to register under KRS 17.520(3)]. If the Justice Cabinet
determines that a person has moved without providing his or her new address
to the appropriate local probation and parole office or offices as required
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under subsection (10)(a) and (b) of this section, the Justice Cabinet shall
notify the appropriate local probation and parole office of the new address.
The office shall then forward this information as set forth under subsection (5)
of this section. The Justice Cabinet shall also notify the appropriate court,
Parole Board, and appropriate corrections agency.
(b) When the appropriate court, Parole Board, or appropriate corrections agency
receives notice from the Justice Cabinet, or any other source, that a person has
failed to comply with any of the registration requirements under this section,
then the court, Parole Board, or corrections agency:
1. Shall consider revocation of the parole, probation, or conditional
discharge of any person released under its authority; and
2. Shall notify the appropriate county attorney for prosecution.
(14) Except as provided in subsection (10) of this section, if there are any changes in a
registrant's registration information, the registrant shall notify the appropriate
probation and parole office of the change within seven (7) days of the change.
(15) In an effort to ensure that registrants who fail to respond to address-verification
attempts or who otherwise abscond from registration are located in a timely
manner, the Justice Cabinet and its attached agencies shall share information
with local law enforcement agencies. The cabinet shall use analytical resources
to assist local law enforcement agencies to determine the potential whereabouts
of any registrant who fails to respond to address-verification attempts or who
otherwise absconds from registration. The cabinet shall review and analyze all
available information concerning any registrant who fails to respond to address-
verification attempts or who otherwise absconds from registration and provide the
information to local law enforcement agencies in order to assist the agencies in
locating and apprehending the registrant.
Section 9. KRS 17.520 is amended to read as follows:
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(1) A registrant, upon his or her release by the court, the Parole Board, the cabinet, or
any detention facility, shall be required to register for a period of time under this
section.
(2) (a) Lifetime registration is required for:
1. Any person who has been convicted of kidnapping, as set forth in KRS
509.040, when the victim is under the age of eighteen (18) at the time of
the commission of the offense, except when the offense is committed by
a parent;
2. Any person who has been convicted of unlawful confinement, as set
forth in KRS 509.020, when the victim is under the age of eighteen (18)
at the time of the commission of the offense, except when the offense is
committed by a parent;
3. Any person convicted of a sex crime:
a. Who has one (1) or more prior convictions of a criminal offense
against a victim who is a minor; or
b. Who has one (1) or more prior sex crime convictions;
4. Any person who has been convicted of two (2) or more criminal
offenses against a victim who is a minor;
5. Any person who has been convicted of:
a. Rape in the first degree under KRS 510.040; or
b. Sodomy in the first degree under KRS 510.070;[ and]
6. Any sexually violent predator; and
7. Any person previously convicted for failing to register as required
under KRS 17.510(2) or a similar law of another state.
(3) All other registrants are required to register for ten (10) years following discharge
from confinement or ten (10) years following the maximum discharge date on
probation, shock probation, conditional discharge, parole, or other form of early
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release, whichever period is greater.
(4) If a person required to register under this section is reincarcerated for another
offense or as the result of having violated the terms of probation, parole, or
conditional discharge, the registration requirements are tolled during the
reincarceration.
(5) An offender who has pled guilty or been convicted in a court of another state or
territory, in a court of the United States, or in a court-martial of the United States
Armed Forces who is required to register in Kentucky shall be subject to
registration in Kentucky based on the conviction in the foreign jurisdiction. The
Justice Cabinet shall promulgate administrative regulations to carry out the
provisions of this subsection.
(6) The court shall designate the registration period as mandated by this section in its
judgment and shall cause a copy of its judgment to be mailed to the Information
Services Center, Kentucky State Police, Frankfort, Kentucky 40601.
SECTION 10. A NEW SECTION OF KRS 17.500 TO 17.540 IS CREATED TO
READ AS FOLLOWS:
(1) A person is guilty of aiding and abetting a sex offender registrant when:
(a) The person has reason to believe that a registrant is not complying, or has
not complied, with the requirements of Section 8 of this Act;
(b) The person intends to assist the registrant in eluding a law enforcement
agency that is seeking to find the registrant to question the registrant about,
or to arrest the registrant for, the registrant's noncompliance with the
requirements of Section 8 of this Act; and
(c) The person either:
1. Withholds information from, or does not notify, the law enforcement
agency about the registrant's noncompliance with the requirements of
this section, and, if known, the whereabouts of the registrant;
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2. Harbors, or attempts to harbor, or assists another person in harboring
or attempting to harbor, the registrant;
3. Conceals or attempts to conceal, or assists another person in
concealing or attempting to conceal, the registrant; or
4. Provides information to the law enforcement agency regarding the
registrant which the person knows to be false.
(2) This section shall not apply if the registrant is incarcerated in or is in the custody
of a state correctional facility, a private correctional facility, a local jail, or a
federal correctional facility.
(3) Any person who violates the provisions of this section shall be guilty of a Class D
felony.
SECTION 11. A NEW SECTION OF KRS CHAPTER 70 IS CREATED TO
READ AS FOLLOWS:
(1) (a) When a person who is registered as a sex offender resides or moves into a
county, the sheriff of that county may notify, either by mail or by direct
delivery to each residence, persons:
1. Living within the same block as the sex offender; and
2. Living within one-quarter (1/4) of a mile of the sex offender in rural
areas where streets are not divided into blocks or the use of blocks as a
notification tool is impractical.
(b) The sheriff may choose to notify persons living in any area of the county
outside of that specified in subparagraphs 1. and 2. of paragraph (a) of this
subsection that a sex offender has moved into the county without any
liability for the notification.
(c) As used in paragraph (a) of this subsection, "block" means both sides of the
street between the nearest intersecting streets closest to the street on which
the sex offender lives.
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(2) In lieu of or in addition to the methods of notification specified in subsection (1)
of this section, the sheriff may utilize:
(a) A toll-free telephone call-in line to provide the public with access to the
information specified in this section;
(b) Posters or similar notices posted at selected locations in the area specified in
subsection (1) of this section;
(c) Advertisements in any local newspaper or other publication distributed in
the area specified in subsection (1) of this section; or
(d) Public service announcements on radio or television stations which cover
the area specified in subsection (1) of this section.
(3) Notification may also be made to each school and to each youth-serving
organization in the county that has notified the sheriff, in writing, that it desires
to be notified.
(4) The notification provided may include the following information, as found on the
Kentucky State Police Web site:
(a) The name of the sex offender, plus any known aliases;
(b) The address of the sex offender;
(c) The sexual offenses for which the sex offender was convicted; and
(d) The dates of conviction for each sex offense committed by the sex offender.
(5) The information provided shall be limited to that found on the Kentucky State
Police Web site and, if any item of information is missing from the Kentucky
State Police Web site, the sheriff shall not be responsible for its noninclusion in
the information provided to the public.
(6) Each sheriff shall maintain a list of the notification information required in
subsections (1) to (3) of this section and shall make it available to any person
upon request, whether the request is in writing, in person, by telephone, or other
means of communication.
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(7) No sheriff, or employee of the sheriff, shall be civilly or criminally liable for any
information that is provided to the public that complies with the provisions of this
section.
(8) The Department of Corrections shall notify the Kentucky Sheriffs' Association of
the release of each registered sex offender thirty (30) days prior to the release
date of the sex offender. The Kentucky Sheriffs' Association shall immediately
notify the sheriff in the county where the offender will reside. If the release of the
sex offender is the result of parole, shock probation, or other event that does not
allow for notice to be issued thirty (30) days prior to the release, then the notice
shall issue as soon as practicable. The notification shall include the information
that will be provided to the Kentucky State Police for use on the Kentucky State
Police Web site.
Section 12. KRS 17.990 is amended to read as follows:
(1) Any person who violates any of the provisions of KRS 17.320 to 17.340 shall be
fined not less than fifty dollars ($50) nor more than five hundred dollars ($500).
(2) Any public official or employee who knowingly or intentionally makes, or causes to
be made, a false return of information to the department shall be punished by
confinement in jail for not more than ninety (90) days, by a fine not exceeding five
hundred dollars ($500), or both.
(3) (a) Any child-care center which violates KRS 17.165(4) or child-care provider
that violates KRS 17.165(5) may be liable for license or certification
revocation and the imposition of a civil penalty of not less than five hundred
dollars ($500) and not more than one thousand dollars ($1,000) to be imposed
and collected by the Cabinet for Health and Family Services; and
(b) In addition to penalties listed in this subsection, any child-care center which
violates KRS 17.165(4) or child-care provider that violates KRS 17.165(5)
shall be fined not less than five hundred dollars ($500) or more than one
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thousand dollars ($1,000).
(4) Any person who violates the provisions of subsection (2) of Section 6 of this Act
shall be guilty of a Class A misdemeanor.
SECTION 13. A NEW SECTION OF KRS CHAPTER 161 IS CREATED TO
READ AS FOLLOWS:
(1) As used in this section, "contractor" means an adult who is permitted access to
school grounds when students are present pursuant to a current or prospective
contractual arrangement with the school, the school district, or a school-affiliated
entity.
(2) Each local board of education shall develop and adopt a policy requiring a state
criminal records check on all contractors who have access to school grounds
when students are present. The request for records may be from the Justice
Cabinet or the Administrative Office of the Courts, or both, and shall include
records of all available convictions as described in KRS 17.160(1). Any request
for a criminal records check of a contractor under this subsection shall be on a
form or through a process approved by the Justice Cabinet or the Administrative
Office of the Courts. If the cabinet or the Administrative Office of the Courts
charges fees, the local board of education shall arrange to pay the cost, which
may be from local funds or donations from any source including the contractor.
(3) The local board of education shall provide orientation material to all contractors
who are permitted access to school grounds when students are present, including
school policies, safety and emergency procedures, and other information deemed
appropriate by the local board of education.
(4) The policy adopted by the local board of education may allow contractor entry
onto school grounds while students are present prior to the completion of the
background check process in exigent circumstances if the contractor is in the
continuous presence of a certified or classified employee of the school district and
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the background check process is begun and completed with all possible speed.
SECTION 14. A NEW SECTION OF KRS CHAPTER 439 IS CREATED TO
READ AS FOLLOWS:
(1) A court sentencing a person to probation, shock probation, or other form of
conditional release shall order mandatory GPS-based electronic monitoring
under Section 16 of this Act for the duration of that person's period of probation,
shock probation, or other form of conditional release, when:
(a) The person is being sentenced for an offense committed while the person
was age eighteen (18) or older and the victim was age fifteen (15) or
younger; and
(b) The offense was an actual commission or an attempted commission of any
felony violation of KRS Chapter 510 or a violation of KRS 531.310.
(2) A court sentencing or recommitting a person to probation, shock probation, or
other form of conditional release, either initially or after considering a person's
violation of a term or condition of previously granted probation, shock probation,
or other form of conditional discharge, may order GPS-based electronic
monitoring under Section 16 of this Act for all or a portion of that person's
period of probation, shock probation, or other form of conditional release, when:
(a) The person is being sentenced for an offense committed while the person
was age eighteen (18) or older and the victim was age fifteen (15) or
younger; and
(b) The offense was an actual or attempted commission of any felony offense
under KRS Chapter 510 or a violation of KRS 531.310.
(3) This section does not authorize the granting of probation, shock probation, or
other form of conditional discharge where it is prohibited by other law.
(4) Subsection (1) of this section applies to offenses committed after the effective date
of this Act.
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SECTION 15. A NEW SECTION OF KRS CHAPTER 439 IS CREATED TO
READ AS FOLLOWS:
(1) The parole board shall order mandatory GPS-based electronic monitoring under
Section 16 of this Act for the duration of a person's parole, when:
(a) The person is under sentence for an offense committed while the person
was age eighteen (18) or older and the victim was age fifteen (15) or
younger; and
(b) The offense was an actual or attempted commission of any felony offense
under KRS Chapter 510 or a violation of KRS 531.310.
(2) The parole board may, either initially or after considering a person's violation of
a term or condition of previously granted parole, order GPS-based electronic
monitoring under Section 16 of this Act for all or a portion of a person's period
of parole, when:
(a) The person is under sentence for an offense committed while the person
was age eighteen (18) or older and the victim was age fifteen (15) or
younger; and
(b) The offense was an actual commission or an attempted commission of any
felony violation of KRS Chapter 510 or a violation of KRS 531.310.
(3) This section does not authorize the granting of parole where it is prohibited by
other law.
(4) Subsection (1) of this section applies to offenses committed after the effective date
of this Act.
SECTION 16. A NEW SECTION OF KRS CHAPTER 439 IS CREATED TO
READ AS FOLLOWS:
(1) As used in the this section, "GPS-based electronic monitoring" means an
electronic system that continuously monitors and records and periodically
transmits to the Department of Corrections a monitored person's geographic
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location and the point in time at which the person was at that location.
(2) (a) The department shall establish a GPS-based electronic monitoring system
for utilization by the department in supervising persons subject to GPS-
based electronic monitoring by order of a court or by order of the parole
board.
(b) By October 1, 2006, the system shall record a monitored person's
geographic location and the time the person was at the location, with that
information being archived by the department and available for retrieval by
the department, a court, or a law enforcement agency.
(c) By January 1, 2007, the system shall be able to alert the department when
the monitored person:
1. Enters a geographic area at a time when the person's presence in that
area is prohibited; or
2. Leaves a geographic area to which the person is restricted.
(d) To the extent that physical equipment is required to be worn by a monitored
person, the equipment shall be minimally intrusive and shall not be capable
of recording or transmitting:
1. Visual images other than the person's face;
2. Oral or wire communications or any auditory sound other than the
person's voice; or
3. Information as to the person's activities while inside the home.
(3) (a) The department shall promulgate administrative regulations for the
operation and administration of the GPS-based electronic monitoring
system, which shall include:
1. Provisions requiring or prohibiting certain acts or conduct by the
monitored person; and
2. Provisions for the immediate investigation of any noncompliance by
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the monitored person with the person's conditions of probation or
parole.
(b) An intentional or knowing breach of any administrative regulation
established under this subsection by a monitored person shall be a Class D
felony. Any other breach by the monitored person shall be grounds for
revocation of probation or parole, in the discretion of the court or the parole
board.
(4) The department may contract with local law enforcement agencies to assist in the
location and apprehension of offenders who are in noncompliance as reported by
the GPS-based electronic monitoring system so that the department may meet its
obligation under this section to immediately investigate noncompliance when an
officer of the department is unavailable.
(5) The department shall require every person being electronically monitored by the
department to pay the actual cost of the monitoring, to the extent that the actual
monitoring cost exceeds the amount the department receives from the monitored
person for probation or parole supervision under other provisions of law.
(6) Active electronic monitoring shall not be required for an incarcerated person
physically present within the geographic bounds of a jail, penitentiary, or other
federal, state, or local detention facility.
(7) A person who intentionally alters, tampers with, damages or destroys any GPS-
based electronic monitoring equipment without the authorization of the
department shall be guilty of a Class D felony.
SECTION 17. A NEW SECTION OF KRS CHAPTER 439 IS CREATED TO
READ AS FOLLOWS:
The department shall establish within the Division of Probation and Parole a
specialized sex offender supervision office, which shall be responsible for the
monitoring of persons on probation and parole who are under supervision for an
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offense that would require that person to register under the provisions of KRS 17.500
to 17.540. Probation and parole officers assigned to this office shall:
(1) Receive eighty (80) hours of annual training relating to specialized knowledge
and skills pertinent to the management and supervision of sex offenders, which
training shall be in addition to the training requirements of other probation and
parole officers; and
(2) Shall supervise no more than fifty (50) offenders at one (1) time.
SECTION 18. A NEW SECTION OF KRS CHAPTER 455 IS CREATED TO
READ AS FOLLOWS:
No court shall accept an alford plea for an offense that would require the defendant to
register under KRS 17.500 to 17.540.
Section 19. KRS 510.110 is amended to read as follows:
(1) A person is guilty of sexual abuse in the first degree when:
(a) He subjects another person to sexual contact by forcible compulsion; or
(b) He subjects another person to sexual contact who is incapable of consent
because he:
1. Is physically helpless;
2. Is less than twelve (12) years old; or
3. Is mentally incapacitated.
(2) Sexual abuse in the first degree is a Class D felony, unless the person is eighteen
(18) years of age or older and the victim is less than twelve (12) years old, in
which case it is a Class A felony.
SECTION 20. A NEW SECTION OF KRS CHAPTER 532 IS CREATED TO
READ AS FOLLOWS:
(1) Every person convicted of any capital offense or a Class A felony involving
sexual intercourse, deviant sexual intercourse, or sexual contact committed
against a minor shall be subject and shall be sentenced to GPS-based electronic
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monitoring under Section 16 of this Act for the remainder of the person's natural
life. This sentence shall be imposed in addition to any other allowable penalty.
(2) This section applies to those offenses committed after the effective date of this
Act.
Section 21. KRS 532.025 is amended to read as follows:
(1) (a) Upon conviction of a defendant in cases where the death penalty may be
imposed, a hearing shall be conducted. In such hearing, the judge shall hear
additional evidence in extenuation, mitigation, and aggravation of
punishment, including the record of any prior criminal convictions and pleas
of guilty or pleas of nolo contendere of the defendant, or the absence of any
prior conviction and pleas; provided, however, that only such evidence in
aggravation as the state has made known to the defendant prior to his trial
shall be admissible. Subject to the Kentucky Rules of Evidence, juvenile court
records of adjudications of guilt of a child for an offense that would be a
felony if committed by an adult shall be admissible in court at any time the
child is tried as an adult, or after the child becomes an adult, at any subsequent
criminal trial relating to that same person. Juvenile court records made
available pursuant to this section may be used for impeachment purposes
during a criminal trial and may be used during the sentencing phase of a
criminal trial; however, the fact that a juvenile has been adjudicated
delinquent of an offense that would be a felony if the child had been an adult
shall not be used in finding the child to be a persistent felony offender based
upon that adjudication. Release of the child's treatment, medical, mental, or
psychological records is prohibited unless presented as evidence in Circuit
Court. Release of any records resulting from the child's prior abuse and
neglect under Title IV-E or IV-B of the Federal Social Security Act is also
prohibited. The judge shall also hear argument by the defendant or his counsel
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and the prosecuting attorney, as provided by law, regarding the punishment to
be imposed. The prosecuting attorney shall open and the defendant shall
conclude the argument. In cases in which the death penalty may be imposed,
the judge when sitting without a jury shall follow the additional procedure
provided in subsection (2) of this section. Upon the conclusion of the evidence
and arguments, the judge shall impose the sentence or shall recess the trial for
the purpose of taking the sentence within the limits prescribed by law. If the
trial court is reversed on appeal because of error only in the presentence
hearing, the new trial which may be ordered shall apply only to the issue of
punishment;
(b) In all cases in which the death penalty may be imposed and which are tried by
a jury, upon a return of a verdict of guilty by the jury, the court shall resume
the trial and conduct a presentence hearing before the jury. Such hearing shall
be conducted in the same manner as presentence hearings conducted before
the judge as provided in paragraph (a) of this subsection, including the record
of any prior criminal convictions and pleas of guilty or pleas of nolo
contendere of the defendant. Upon the conclusion of the evidence and
arguments, the judge shall give the jury appropriate instructions, and the jury
shall retire to determine whether any mitigating or aggravating circumstances,
as defined in subsection (2) of this section, exist and to recommend a sentence
for the defendant. Upon the findings of the jury, the judge shall fix a sentence
within the limits prescribed by law.
(2) In all cases of offenses for which the death penalty may be authorized, the judge
shall consider, or he shall include in his instructions to the jury for it to consider,
any mitigating circumstances or aggravating circumstances otherwise authorized by
law and any of the following statutory aggravating or mitigating circumstances
which may be supported by the evidence:
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(a) Aggravating circumstances:
1. The offense of murder or kidnapping was committed by a person with a
prior record of conviction for a capital offense, or the offense of murder
was committed by a person who has a substantial history of serious
assaultive criminal convictions;
2. The offense of murder or kidnapping was committed while the offender
was engaged in the commission of arson in the first degree, robbery in
the first degree, burglary in the first degree, rape in the first degree, or
sodomy in the first degree;
3. The offender by his act of murder, armed robbery, or kidnapping
knowingly created a great risk of death to more than one (1) person in a
public place by means of a weapon of mass destruction, weapon, or
other device which would normally be hazardous to the lives of more
than one (1) person;
4. The offender committed the offense of murder for himself or another,
for the purpose of receiving money or any other thing of monetary value,
or for other profit;
5. The offense of murder was committed by a person who was a prisoner
and the victim was a prison employee engaged at the time of the act in
the performance of his duties;
6. The offender's act or acts of killing were intentional and resulted in
multiple deaths;
7. The offender's act of killing was intentional and the victim was a state or
local public official or police officer, sheriff, or deputy sheriff engaged
at the time of the act in the lawful performance of his duties;[ and]
8. The offender murdered the victim when an emergency protective order
or a domestic violence order was in effect, or when any other order
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designed to protect the victim from the offender, such as an order issued
as a condition of a bond, conditional release, probation, parole, or
pretrial diversion, was in effect; and
9. The offense was committed by a person designated as a registrant
under Section 7 of this Act, regardless of the period of time the person
would be required to register for under Section 9 of this Act.
(b) Mitigating circumstances:
1. The defendant has no significant history of prior criminal activity;
2. The capital offense was committed while the defendant was under the
influence of extreme mental or emotional disturbance even though the
influence of extreme mental or emotional disturbance is not sufficient to
constitute a defense to the crime;
3. The victim was a participant in the defendant's criminal conduct or
consented to the criminal act;
4. The capital offense was committed under circumstances which the
defendant believed to provide a moral justification or extenuation for his
conduct even though the circumstances which the defendant believed to
provide a moral justification or extenuation for his conduct are not
sufficient to constitute a defense to the crime;
5. The defendant was an accomplice in a capital offense committed by
another person and his participation in the capital offense was relatively
minor;
6. The defendant acted under duress or under the domination of another
person even though the duress or the domination of another person is not
sufficient to constitute a defense to the crime;
7. At the time of the capital offense, the capacity of the defendant to
appreciate the criminality of his conduct to the requirements of law was
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impaired as a result of mental illness or retardation or intoxication even
though the impairment of the capacity of the defendant to appreciate the
criminality of his conduct or to conform the conduct to the requirements
of law is insufficient to constitute a defense to the crime; and
8. The youth of the defendant at the time of the crime.
(3) The instructions as determined by the trial judge to be warranted by the evidence or
as required by KRS 532.030(4) shall be given in charge and in writing to the jury
for its deliberation. The jury, if its verdict be a recommendation of death, or
imprisonment for life without benefit of probation or parole, or imprisonment for
life without benefit of probation or parole until the defendant has served a minimum
of twenty-five (25) years of his sentence, shall designate in writing, signed by the
foreman of the jury, the aggravating circumstance or circumstances which it found
beyond a reasonable doubt. In nonjury cases, the judge shall make such designation.
In all cases unless at least one (1) of the statutory aggravating circumstances
enumerated in subsection (2) of this section is so found, the death penalty, or
imprisonment for life without benefit of probation or parole, or the sentence to
imprisonment for life without benefit of probation or parole until the defendant has
served a minimum of twenty-five (25) years of his sentence, shall not be imposed.
Section 22. (1) Notwithstanding KRS 15A.040, the Criminal Justice Council shall
examine the collection and dissemination of offender information within the criminal
justice system and community. The Criminal Justice Council shall recommend strategies
and actions that may be implemented to enhance coordination and cooperation among the
various entities within the criminal justice system with a common goal of public safety.
Prior to October 31, 2006, the Criminal Justice Council shall study and take testimony
regarding:
(a) The collection and dissemination of offender information, including criminal
history and any other pertinent matters, to the court, the prosecuting attorney,
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and defense counsel at all court appearances;
(b) The collection and dissemination of offender information, including criminal
history and any other pertinent matters, to county probation officers or
officials; and
(c) Any other subjects that the criminal justice council deems relevant to the
collection and dissemination of offender information within the criminal
justice system and community.
(2) Every state and local agency shall fully cooperate with the Criminal Justice Council
in the performance of the council's duties under this section.
(3) The Criminal Justice Council shall submit a preliminary draft report of its findings
and recommendations to the Legislative Research Commission by November 1,
2006. The final report shall be filed with the Legislative Research Commission by
December 1, 2006. In addition to the findings and recommendations included in the
final report, the report shall include a draft of proposed legislation and
administrative regulations for any recommendations requiring proposed legislation
or administrative regulations.
Section 23. Notwithstanding KRS 15A.040, the Criminal Justice Council shall
study the factors relating to the sentencing of sexual offenders from the point of arrest
through the imposition of sanctions by the sentencing court, including original charges,
plea negotiations, trial dispositions, and sanctions, and present a report on those factors to
the Legislative Research Commission by November 1, 2006.
Section 24. (1) Notwithstanding KRS 15A.040, the Criminal Justice Council shall
identify and review the circumstances related to those persons on probation or parole
arrested between the effective date of this Act and January 1, 1995 for:
(a) Any felony violation of KRS Chapters 507, 507A, 508, 509, 510, and 515;
(b) Any felony violation of KRS 530.064 involving sexual activity by a minor;
(c) Any felony violation of KRS 531.310 to 531.370;
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(d) Any violation of KRS Chapter 189A involving the death of another person;
and
(e) Any felony not otherwise included above which involves the use or threat of
physical force or violence against any individual.
(2) The Criminal Justice Council shall publish a statistical data summary from these
reviews and shall analyze this data and provide a written report to the Legislative
Research Commission by November 1, 2006. The report shall include, at a
minimum, any identified systemic deficiencies in managing high-risk offenders on
probation or parole, any patterns of noncompliance by probation and parole officers,
and recommendations for improving the probation and parole program.
Section 25. The following KRS sections are repealed:
17.171 Application of KRS 17.170 to DNA evidence in cases involving minors.
17.172 Application of KRS 17.170 to DNA evidence in burglary cases.
17.173 Application of KRS 17.170 to DNA evidence in capital cases and certain felony
cases.
17.174 Application of KRS 17.171 and 17.172 to public offenders.
17.177 Effective dates and implementation of legislation relating to DNA testing.
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