AN ACT relating to crimes and punishments.

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AN ACT relating to crimes and punishments. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 439.3406 is amended to read as follows: 3
(1) The board shall order mandatory reentry supervision six (6) months prior to the 4
projected completion date of an inmate's sentence for an inmate who has not been 5
granted discretionary parole. 6
(2) [The provisions of subsection (1) of ]This section shall not apply to an inmate who: 7
(a) Is not eligible for parole by statute; 8
(b) Has been convicted of a capital offense or a Class A felony; 9
(c) Has previously been convicted of two (2) or more offenses that would 10
classify him or her as a violent offender under KRS 439.3401; 11
(d) Has a maximum or close security classification as define d by administrative 12
regulations promulgated by the department; 13
(e)[(d)] Has been sentenced to two (2) years or less of incarceration; 14
(f)[(e)] Is subject to the provisions of KRS 532.043; 15
(g)[(f)] Has six (6) months or less to be served after his or her se ntencing by a 16
court[ or recommitment to prison for a violation of probation, shock 17
probation, parole, or conditional discharge]; 18
(h)[(g)] Has been[If] recommitted to prison for a violation of probation, shock 19
probation, parole, or conditional discharge [, h as not served at least six (6) 20
months since being recommitted]; or 21
(i)[(h)] Has twice been released on mandatory reentry supervision. 22
(3) An inmate granted mandatory reentry supervision pursuant to this section may be 23
returned by the board to prison for vi olation of the conditions of supervision and 24
shall not again be eligible for mandatory reentry supervision during the same period 25
of incarceration. 26
(4) An inmate released to mandatory reentry supervision shall be considered to be 27
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released on parole. 1
(5) Mandatory reentry supervision is not a commutation of sentence or any other form 2
of clemency. 3
(6) A[No] hearing shall not be required for the board to order an inmate to mandatory 4
reentry supervision pursuant to subsection (1) of this section. Terms of super vision 5
for inmates released on mandatory reentry supervision shall be established as 6
follows: 7
(a) 1. The board shall promulgate[adopt] administrative regulations in 8
accordance with KRS Chapter 13A establishing general conditions 9
applicable to each inmate o rdered to mandatory reentry supervision 10
pursuant to subsection (1) of this section. 11
2. If an inmate is ordered to mandatory reentry supervision, the board's 12
order shall: 13
a. Set forth the general conditions; and[ shall] 14
b. Require the inmate to comply with the general conditions and any 15
requirements imposed by the department in accordance with this 16
section; 17
(b) Upon intake of an inmate ordered to mandatory reentry supervision by the 18
board, the department shall use the results of the risk and needs assessment 19
administered pursuant to KRS 439.3104(1) to establish appropriate terms and 20
conditions of supervision, taking into consideration the level of risk to public 21
safety, criminal risk factors, and the need for treatment and other 22
interventions. The terms and conditions imposed by the department under this 23
paragraph shall not conflict with the general conditions adopted by the board 24
pursuant to paragraph (a) of this subsection; and 25
(c) The powers and duties assigned to the commissioner in relation to probation 26
or parole under KRS 439.470 shall be assigned to the commissioner in 27
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relation to mandatory reentry supervision. 1
(7) Subject to subsection (3) of this section, the period of mandatory reentry 2
supervision shall conclude upon completion of the individual's min imum expiration 3
of sentence. 4
(8) If the board issues a warrant for the arrest of an inmate for absconding from 5
supervision during the mandatory reentry supervision period, and the inmate is 6
subsequently returned to prison as a violator of conditions of sup ervision for 7
absconding, the inmate shall not receive credit toward the remainder of his or her 8
sentence for the time spent absconding. 9
(9) The department shall report the results of the mandatory reentry supervision 10
program to the Legislative Research Com mission for referral to the Interim Joint 11
Committee on Judiciary or the Senate and House Standing Committees on 12
Judiciary, as appropriate, by February 1 of each year[, 2015]. 13
Section 2. KRS 504.020 is amended to read as follows: 14
(1) A person is not responsible for criminal conduct if at the time of the[such] conduct, 15
as a result of mental illness or intellectual disability, he or she lacks substantial 16
capacity [either ]to appreciate t he nature and quality of [criminality of] his or her 17
conduct[ or to conform his conduct to the requirements of law]. 18
(2) As used in this chapter, the term "mental illness or intellectual disability" does not 19
include an abnormality manifested only by repeated criminal or otherwise antisocial 20
conduct. 21
(3) A defendant may prove mental illness or intellectual disability, as used in this 22
section, in exculpation of criminal conduct. 23
Section 3. KRS 504.060 is amended to read as follows: 24
As used in this chapter, unless the context otherwise requires: 25
(1) "Department" means the Department of Corrections; 26
(2) "Examiner" means a psychologist or psychiatrist who examines, treats, or reports 27
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on a defendant's mental condition as required by this chapter; 1
(3) "Forensic psychiatric facility" means a mental institution or facility, or part thereof, 2
designated by the secretary for the purpose and function of providing inpatient 3
evaluation, care, and trea tment for [mentally ill persons or ] individuals with an 4
intellectual disability or a mental illness who have been charged with or convicted 5
of a felony; 6
(4) "Foreseeable future" means not more than three hundred sixty (360) days; 7
(5) "Incompetency to stand trial" means, as a result of mental condition, lack of 8
capacity to appreciate the nature and consequences of the proceedings against one 9
or to participate rationally in one's own defense; 10
(6) "Individual with an intellectual disability" means an individua l with significantly 11
subaverage general intellectual functioning existing concurrently with deficits in 12
adaptive behavior and manifested during the developmental period and is a 13
condition which may exist concurrently with mental illness or insanity; 14
(7) "Insanity" means, as a result of mental illness or intellectual disability [condition], 15
lack of substantial capacity [either ] to appreciate the nature and 16
quality[criminality] of one's conduct [ or to conform one's conduct to the 17
requirements of law]; 18
(8) "Mental illness" means substantially impaired capacity to use self -control, 19
judgment, or discretion in the conduct of one's affairs and social relations, 20
associated with maladaptive behavior or recognized emotional symptoms where 21
impaired capacity, maladaptive behavior, or emotional symptoms can be related to 22
physiological, psychological, or social factors; 23
(9) "Psychiatrist" means a physician licensed pursuant to KRS Chapter 311 who is 24
certified or eligible to apply for certification by the American Board of P sychiatry 25
and Neurology, Inc.; 26
(10) "Psychologist" means a person licensed at the doctoral level pursuant to KRS 27
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Chapter 319 who has been designated by the Kentucky Board of Examiners of 1
Psychology as competent to perform examinations; 2
(11) "Secretary" means the secretary of the Cabinet for Health and Family Services; 3
(12) "Treatment": 4
(a) Means medication or counseling, therapy, psychotherapy, and other 5
professional services provided by or at the direction of psychologists or 6
psychiatrists; and[. "Treatment"] 7
(b) Shall not include electroshock therapy or psychosurgery; and 8
(13) "Treatment facility" means an institution or part thereof, approved by the Cabinet 9
for Health and Family Services, which provides evaluation, care, and treatment for 10
insane or [mentally ill persons or ] individuals with an intellectual disability or a 11
mental illness on an inpatient or outpatient basis. 12
Section 4. KRS 504.120 is amended to read as follows: 13
(1) Except as provided in subsection (2) of t his section, in cases in which the 14
defendant provides evidence at trial of his or her mental illness or insanity at the 15
time of the offense, the jury or court may find the defendant: 16
(a)[(1)] Guilty; 17
(b)[(2)] Not guilty; 18
(c)[(3)] Not guilty by reason of insanity at the time of the offense; or 19
(d)[(4)] Guilty but mentally ill at the time of the offense. 20
(2) A jury or court shall not return a verdict that finds the defendant: 21
(a) For one (1) count, not guilty by reason of insanity at the time of the offense; 22
and 23
(b) For any other count arising out of a single course of conduct and tried 24
during the same trial, guilty or guilty but mentally ill at the time of the 25
offense. 26
(3) The court shall instruct the jury on the prohibition establ ished in subsection (2) 27
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of this section. 1
Section 5. KRS 504.150 is amended to read as follows: 2
(1) (a) The court shall sentence a defendant found guilty but mentally ill at the time 3
of the offense to the local jail or to the department [ of Corrections] in the 4
same manner as a defendant found guilty. 5
(b) If the defendant is found guilty but mentally ill, tre atment shall be provided 6
the defendant until the treating professional determines that the treatment is 7
no longer necessary or until expiration of his or her sentence, whichever 8
occurs first. 9
(c) If the treating professional determines that treatment is st ill necessary upon 10
expiration of the defendant's sentence, the treating professional or the 11
Commonwealth shall petition the sentencing court for: 12
1. Involuntary hospitalization or admission under KRS Chapter 202A or 13
202B; or 14
2. Court-ordered community -based outpatient treatment under KRS 15
Chapter 202A. 16
(2) Treatment shall be a condition of probation, shock probation, conditional discharge, 17
parole, or conditional release so long as the defendant requires treatment for his or 18
her mental illness in the opinion of his or her treating professional. 19
Section 6. This Act may be cited as Logan's Law. 20