Corretions Impact Statement by 4C7QRN


									                          CORRECTIONS IMPACT STATEMENT

                                                                            BR#     1514

Bill Number:       455

Subject:           AN ACT relating to offender registration and declaring an emergency.

Sponsor(s): J. Jenkins

Introduction Date:02/14/05                       Assignment Date:

Due Date:

Text of Legislation:
    Amend KRS 17.500, containing definitions for sex offender registration, to define "approved
   provider"; expand the definition of "criminal offense against a minor" to include unlawful
   transaction with a minor in the first degree, unlawful transaction with a minor in the second
   degree, stalking in the first degree, stalking in the second degree, and any offense involving a
   minor or depiction of a minor as set forth in KRS Chapter 531; expand the definition of "sex
   crime" to include a misdemeanor offense defined in KRS Chapter 510 where the victim and
   offender are of specified ages; define "sexual offender"; define "The Board" and "victim"; amend
   KRS 17.510, relating to the registration system for adults convicted of specified crimes, to permit
   the court or the official in charge of an offender's confinement upon release to notify the offender
   of the requirement to register; require foreign offenders moving to the Commonwealth to register
   in the county of residence; amend KRS 17.530, relating to authority to share information from
   registrants, to permit the cabinet to share information with the federal government; amend KRS
   197.010, relating to penitentiaries, to include new definitions for "cabinet", "eligible sexual
   offenders", and "sexual offenders"; amend various sections to conform; apply provisions
   retroactively to specified persons; amend KRS 17.497, 17.564, 17.566, 17.568, 17.580, 197.440,
   532.045, 532.050, 532.100, and 640.030 to conform; repeal KRS 17.540, KRS 17.550, and KRS
   197.410; EMERGENCY.

Summary Impact -- Indicate affected service levels, workloads, staff and program areas
(describe any coordination issues   with   other    state/external agencies or  groups):

   The amendments will impact the Department of Corrections in several different ways. By
   utilizing the phrase “sex offender” and specifically defining the it, the Department of Corrections
   will be able to effectively treat inmates within the Sexual offender treatment program.
   Additionally, the change to the definition of a person guilty of Unlawful Transaction With a
   Minor in the first degree will allow the Offender Information Branch within the Department of
   Corrections to adjust the files of those guilty of Unlawful Transaction With a Minor does not
   involve illegal sexual activity. The adjustment will allow those individuals who would be
   reclassified to get credit for time served that they cannot accrue currently.

Fiscal Impact -- Also include increased/decreased administrative cost and whether new
fund sources would be required (identify fund sources, and GOPM staff person consulted):
The fiscal impact would be minimal if any. The persons who would have their credit for time
served adjusted would be eligible for parole, or release sooner, however, the number of people
effected is relatively small.
       NOTE: In all cases, consideration should be given to the cumulative impact of all bills that
       increase the felon population or that impose new obligations on the Department of Corrections

Will Administrative Regulations be required or will existing regulations need revision?
         Yes          No

Approved By:                                                                     Date

           Title: Commissioner
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