Bill > HB464

This bill, known as the Family Preservation and Accountability Act, aims to create alternative sentencing options for individuals convicted of felonies who are caretakers of dependent children, meaning they are parents or legal guardians responsible for a child under 18 (or under 25 if a guardian is appointed) who has consistently provided for their housing, health, education, and safety. The bill requires courts to consider a defendant's caretaker status before imposing a sentence, unless the offense is violent, endangered a family member, involved a child victim, or has statutory prohibitions against alternative sentencing. If a defendant is found to be a caretaker, the court must consider an alternative sentence and can allow the defendant to present a plan and a "family impact statement," which is a written statement detailing the potential effects of incarceration on the child. The court can impose conditions on the alternative sentence, such as participation in programs that support the parent-child relationship, and can modify or revoke the sentence if the defendant fails to comply. Additionally, the bill clarifies that a court's determination of caretaker status for sentencing purposes cannot be used as evidence in future legal proceedings. It also amends existing law to grant courts access to juvenile records (KRS Chapters 600 to 645) when considering alternative sentences for caretakers of dependent children, ensuring these records are used only for official purposes and remain confidential.

Justice

https://apps.legislature.ky.gov/record/26RS/hb464.html