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2012 KJA Legislation Report by Renee Craddock

Posted by Ed Prindle on Tuesday, May 01, 2012 in Legislation

Kentucky Jailers Association Final Legislative Report

 Senate Bill 90-  An act relating to unclaimed canteen funds in the possession of the jailer.  SB 90 passed the General Assembly and was signed by the Governor on April 14, 2012.   The legislation takes effect on July 12, 2012 per AG opinion (12-006).

 House Bill 54- An act relating to mental health was amended to include clean up language for HB 463.  Some key components included in the language are as follows:

 1.      Upon the service of sufficient days in jail to have sufficient credit to satisfy the bail, the defendant shall be released from jail. ( the court shall order the defendants release was stricken from statute.)

2.      The definition of a “day or portion of a day” means any time spent in a detention facility following booking.

3.      When 10% of a bond is an allowable amount toward the bond, the earned credit toward bail shall be applied to the ten percent deposit.

4.       Changes the requirements to build a new facility to include a minimum capacity of 150 prison beds or if a larger facility is needed, more than 150 prisoner beds in 50 bed increments.

5.      Also state the department (DOC) shall pay for the design fees for architectural and engineering services associated with any new local correction facility approved by the construction authority.

The legislation takes effect on July 12, 2012 per AG opinion (12-006).

 House Bill 408- An act relating to jailers and their deputies. HB408 allowing transport officers to become deputy jailers was introduced by Representative Will Coursey.  The bill sparked much conversation amongst legislative members and other county associations.   In order to move this issue forward in 2013 we must educate our representatives and other locally elected officials on why we need to make transport officers peace officers.  

 House Bill 265 – An Act Relating to the Executive Branch Budget reads as follows:

 c.      Community Services and Local Facilities

                                                                                                     2012-13                 2013-14

         General Fund                                                               158,051,700          151,074,000

         Restricted Funds                                                              3,030,000              5,830,000

         Federal Funds                                                                     540,000                 340,000

         TOTAL                                                                        161,621,700          157,244,000

(1)           Excess Local Jail Per Diem Costs: In the event that actual local jail per diem payments exceed the amounts provided to support the budgeted average daily population of state felons in county jails for fiscal year 2012-2013 and fiscal year 2013-2014, the payments shall be deemed necessary government expenses and may be paid from the General Fund Surplus Account (KRS 48.700) or the Budget Reserve Trust Fund Account (KRS 48.705), subject to notification as to necessity and amount by the State Budget Director who shall report any certified expenditure to the Interim Joint Committee on Appropriations and Revenue.

(2)           Local Jails Funding: Notwithstanding KRS 441.605 to 441.695, funds in the amount of $2,800,000 in fiscal year 2013-2014 shall be expended from the Kentucky Local Correctional Facilities Construction Authority for local correctional facility and operational support consistent with contractual covenants in accordance with bond indentures of the Authority.

         d.      Local Jail Support

                                                                                                     2012-13                 2013-14

         General Fund                                                                 16,963,900            19,037,000

(1)           Local Corrections Assistance Funds: Pursuant to KRS 196.288, included in the above General Fund appropriation is $3,443,700 in fiscal year 2012-2013 and $5,516,800 in fiscal year 2013-2014 for the Local Corrections Assistance Fund.

(2)           Life Safety or Closed Jails: Included in the above General Fund appropriation is $960,000 in each fiscal year to provide a monthly payment of an annual amount of $20,000 to each county with a life safety jail or a closed jail. The payment shall be in addition to the payment required by KRS 441.206(2).

(3)           Inmate Medical Care Expenses: Included in the above General Fund appropriation is $931,100 in each fiscal year for medical care contracts to be distributed, upon approval of the Department of Corrections, to counties by the formula codified in KRS 441.206, and $960,000 in each fiscal year, on a partial reimbursement basis, for medical claims in excess of the statutory threshold pursuant to KRS 441.045. The funding support for medical contracts and catastrophic medical expenses for indigents shall be maintained in discrete accounts. Any medical claim that exceeds the statutory threshold may be reimbursed for that amount in excess of the statutory threshold.

(4)           Local Corrections Assistance Fund Allocation: Moneys in the fund shall be distributed to the counties on or before September 15 of (vetoed by the Governor) each year. Amounts distributed from the fund shall be used to support local correctional facilities and programs, including the transportation of prisoners, as follows:

(a)   1.  In fiscal year 2012-2013, the first $2,400,000 received by the fund, or, if the fund receives less than $2,400,000, the entire balance of the fund, shall be divided equally among all counties; and

       2.  In fiscal year 2013-2014, the first $3,000,000 received by the fund, or, if the fund receives less than $3,000,000, the entire balance of the fund, shall be divided equally among all counties.

(b)   Any moneys remaining after making the distributions required by paragraph (a) of this subsection shall be distributed to each county based on a ratio, the numerator of which shall be the county's county inmate population on the second Thursday in January during the prior fiscal year, and the denominator of which shall be the total counties' county inmate population for the entire state on the second Thursday in January during the prior fiscal year.

 

 

Comments

Ed Prindle

Ed Prindle

Tuesday, May 01, 2012 6:25 PM

Big Thanks to Mike Humphrey for all of his work on this bill!

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