Bill

Bill > SB133


KY SB133

AN ACT relating to crimes and punishments.


summary

Introduced
02/06/2018
In Committee
03/21/2018
Crossed Over
03/06/2018
Passed
03/29/2018
Signed/Enacted
04/10/2018

Introduced Session

2018 Regular Session

Bill Summary

Amend KRS 441.055 to require the Department of Corrections to promulgate administrative regulations for the jails that require adequate nutrition for pregnant inmates, adequate feminine hygiene products, and an appropriate number of undergarments for female inmates; create a new section of KRS Chapter 196 to require that pregnant inmates be restrained solely with handcuffs in front of the body unless further restraint is required to protect herself or others; ban the shackling of female inmates; amend KRS 197.020 to require the Department of Corrections to create a classification process for jails that may house female state inmates; amend KRS 532.100 to require a jail be certified before housing any female state inmates and provide a delayed effective date of January 1, 2019; amend KRS 403.725 to allow orders of protection to be filed at a domestic violence shelter or a rape crisis shelter; amend KRS 456.030 to allow interpersonal protective orders to be filed at a domestic violence shelter or a rape crisis shelter; create a new section of KRS Chapter 15 to require the reporting of allegations of sexual assaults by a jailer or any employee, contractor, vendor, or volunteer of a supervising entity to the Attorney General's Office for investigation; create a new section of KRS Chapter 439 to allow an eligible pregnant woman to be released from custody; amend KRS 431.517 to prohibit an offender charged with an offense under KRS Chapter 507 from pretrial home incarceration unless the judge makes a finding that the offender does not pose a threat to society; amend KRS 434.650, 434.655, 434.660, 434.670, 434.690, 514.030, 514.040, 514.050, 514.060, 514.070, 514.080, 514.090, 514.110, 514.120, and 517.060 to raise the threshold level for a Class D felony for various fraud and theft crimes from $500 to $1,000 if the person has not been convicted twice of the same offense in the last two years; amend KRS 439.3401 to make criminal attempt to commit murder of a peace officer or a firefighter an offense for which at least 85 percent of the sentence must be served before probation or parole; amend KRS 431.066 to eliminate monetary bond except for high-risk defendants who have not been charged with a violent or sexual offense; provide that when a court is making a bail determination for a defendant, it is based on whether a defendant poses a low, moderate, or high risk; create a new section of KRS Chapter 431 to provide that when a defendant poses a low or moderate risk and has been charged with a violent or sexual offense or poses a high risk, the court shall determine whether any nonfinancial conditions shall reasonably ensure the appearance of the defendant or the safety of the public; amend various statutes to conform; repeal KRS 431.021 and amend KRS 431.510 to conform; provide a delayed effective date of January 1, 2019, for the monetary bond provisions; provide short title.

Subject

No subjects listed

Sponsors (3)

Last Action

signed by Governor (Acts, ch. 115) (on 04/10/2018)

Official Document

bill text


bill summary

Chamber Action Date
S signed by Governor (Acts, ch. 115) 04/10/2018
S delivered to governor 03/29/2018
S enrolled, signed by Speaker of the House 03/29/2018
S enrolled, signed by President of the Senate 03/29/2018
S Received in Senate 03/29/2018
H 3rd reading, passed 88-0 03/29/2018
H posted for passage in the Regular Orders of the Day for Thursday, March 29, 2018 03/27/2018
H 2nd reading, to Rules 03/22/2018
H reported favorably, 1st reading, to Consent Calendar 03/21/2018
H posted in committee 03/12/2018
H to Judiciary (H) 03/08/2018
H received in House 03/06/2018
S passed 33-4 with Committee Substitute (1) & floor amendments (2) (3) and (4) 03/05/2018
S floor amendments (1) and (5) withdrawn 03/05/2018
S 3rd reading 03/05/2018
UK Add maintaining a current address with the court as a pregnancy release condition; Clarify that an eligible pregnant woman, if not yet sentenced, shall be released from custody until she completes inpatient residential treatment or is sentenced pursuant to a final judgement, whichever occurs later; clarify that an eligible pregnant woman, if sentenced, shall be released from custody until she completes inpatient residential treatment or 30 days have passed since giving birth or miscarrying, whic 03/02/2018
UK Add maintaining a current address with the court as a pregnancy release condition; clarify that an eligible pregnant woman who is housed in a jail that provides treatment for substance use disorders or in a jail that transports prisoners for treatment shall not be released from custody. 03/02/2018
S floor amendment (5) filed to Committee Substitute 03/02/2018
S passed over and retained in the Orders of the Day 03/02/2018
S floor amendment (4) filed to Committee Substitute 03/01/2018
S posted for passage in the Regular Orders of the Day for Friday, March 2, 2018 02/28/2018
UK Delete language allowing for the pretrial administrative release of defendants charged with certain violations and misdemeanors; delete language pertaining to pretrial detention and limitations on monetary bail. 02/27/2018
UK Delete language allowing for the pretrial administrative release of defendants charged with certain violations and misdemeanors. 02/27/2018
UK Delete language raising the threshold level for a Class D felony for various fraud and theft crimes from $500 to $1,000 if the person had not been convicted twice of the same offense in the last two years. 02/27/2018
S floor amendment (1) filed to Bill, floor amendments (2) & (3) filed to Committee Substitute 02/26/2018
S 2nd reading, to Rules 02/26/2018
UK Clarify that no pregnant inmate shall be restrained during labor, transport to a medical facility or birthing center for delivery, or postpartum recovery, unless extraordinary circumstances exist; clarify that orders of protection and interpersonal protective orders may be filed at a domestic violence shelter or a rape crisis shelter if the shelter elects to participate in the filing; delete the requirement to report allegations of sexual assaults by a jailer or any employee, contractor, vendor, 02/23/2018
S reported favorably, 1st reading, to Calendar with Committee Substitute (1) 02/23/2018
S to Health & Welfare (S) 02/12/2018
S Introduced in Senate 02/06/2018

bill summary

  Motion Chamber Yea Nay Other Passed Date
Detail House: Third Reading RCS# 427 House 89 0 12 Passed 03/29/2018
Detail Senate: Third Reading W/SCS 1, SFA 2, SFA 3, SFA 4 RSN# 493 Senate 34 4 1 Passed 03/05/2018
Detail Senate: Third Reading RSN# 493 Senate 34 4 1 Passed 03/05/2018