AN ACT relating to prison educational programs.

UNOFFICIAL COPY 26 RS HB 5/GA
Page 1 of 15
HB000510.100 - 1335 - XXXX 3/31/2026 8:45 PM GA
AN ACT relating to prison educational programs. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 197 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) The Kentucky Community and Technical College System Prison Education 5
Program, or KCTCS Prison Education Program, is hereby established within the 6
department to provide inmates with intensive, hands -on job training in high -7
demand workforce sectors. 8
(2) The department shall enter into a memorandum of agreement with the Kentucky 9
Community and Technical College System (KCTCS) as defined in KRS 164.001 10
in accordance with Sec tion 2 of this Act to provide academic instruction for the 11
program. 12
(3) (a) The program established in subsection (1) of this section shall be located on 13
the grounds of the Northpoint Training Center. 14
(b) The department shall: 15
1. Manage facility operations, including operations related to safety and 16
security; 17
2. Be responsible for all maintenance and repair of the facility, utilities, 18
and facility supplies; and 19
3. Provide inmate transportation to the facility, inmate meals and foo d 20
services, and inmate housing that is segregated from the general 21
prison population. 22
(4) The program shall not be available to an inmate serving a sentence: 23
(a) Of imprisonment for life without possibility of parole; 24
(b) For escape or attempted escape; or 25
(c) For a sex crime as defined in KRS 17.500. 26
(5) (a) The department shall be responsible for the identification of candidates for 27
UNOFFICIAL COPY 26 RS HB 5/GA
Page 2 of 15
HB000510.100 - 1335 - XXXX 3/31/2026 8:45 PM GA
the program, including recruitment and selection, in accordance with the 1
restrictions set forth in subsection (4) of this se ction and as determined by 2
the department. 3
(b) Selection of candidates for the program shall include consideration of: 4
1. Established security criteria; 5
2. Industry guidance for second-chance employment; and 6
3. The capacity of academic instructors to provi de industry -7
recommended and high-need training. 8
(6) An inmate who is selected and meets eligibility requirements shall be transported 9
by the department to the Northpoint Training Center facility. 10
(7) The department shall promulgate administrative regulatio ns in accordance with 11
KRS Chapter 13A relating to: 12
(a) The selection and eligibility of inmates for the program, including but not 13
limited to the following criteria: 14
1. The inmate's academic background; 15
2. Vocational counseling or testing that indicates th e inmate has an 16
interest or aptitude for a particular trade; and 17
3. The inmate's willingness to abide by the attendance, academic, and 18
behavioral requirements of the program; 19
(b) The terms and conditions under which inmates may continue in the 20
program; 21
(c) The adequate care, supervision, guarding, disciplining, maintenance, 22
transportation, and housing of inmates when assigned to the program; 23
(d) Availability and accessibility of post -release services, including 24
consideration of education and employment requ irements in administering 25
terms of probation and parole; 26
(e) The collection of data to include: 27
UNOFFICIAL COPY 26 RS HB 5/GA
Page 3 of 15
HB000510.100 - 1335 - XXXX 3/31/2026 8:45 PM GA
1. The number of inmates: 1
a. Participating in the program who receive an offer of employment 2
prior to release; 3
b. Who successfully complete the program; 4
c. Who obtained employment following participation in the 5
program; and 6
d. Who were unsuccessful and the reason for removal from the 7
program; and 8
2. Following completion of the program and release from the facility, th e 9
number of inmates with: 10
a. Successful completion of parole; 11
b. A violation of parole; 12
c. A return to prison as a result of a parole violation and the date 13
the inmate returned; and 14
d. A return to prison as a result of the commission of a new 15
offense; 16
(f) Requirements of KCTCS employees, including: 17
1. Compliance with the department's institutional safety and facilities 18
management policies and procedures; and 19
2. Participation in the department's drug -testing program, including 20
random screenings and tests bas ed upon reasonable suspicion of drug 21
or alcohol impairment, as determined by the warden of the institution, 22
and at the cost of the department if the test is administered at a 23
department facility by a department vendor; 24
(g) Policies to permit remote instruc tion or services during emergencies or 25
pandemics, consistent with department and health advisories of the 26
Commonwealth; and 27
UNOFFICIAL COPY 26 RS HB 5/GA
Page 4 of 15
HB000510.100 - 1335 - XXXX 3/31/2026 8:45 PM GA
(h) Any other regulations the department deems necessary and appropriate to 1
carry out the requirements of this section. 2
(8) Hours of classroom instruction shall model, to the extent possible, an average 3
workday similar to what the inmate can expect to experience in employment upon 4
release. 5
(9) Instruction shall occur outside of any area accessible by the general population 6
of the facility and inmates participating in the program shall be segregated from 7
the general prison population at all times. 8
(10) Potential employers shall have the opportunity to recruit and interview potential 9
employees prior to parole. 10
(11) KCTCS shall: 11
(a) Construct a facility on the grounds of Northpoint Training Center to 12
provide academic instruction for the prison education program established 13
in this section; 14
(b) Upon completion of the facility construction under paragraph (a) of this 15
subsection, deed the facility to the department which will bear responsibility 16
for management, operations, security, and maintenance. The details of the 17
prison education program will be jointly determined by the department and 18
KCTCS outlined in a memorandum of agreement between the parties; 19
(c) Retain ownership, maintenance, and responsibility for all equipment related 20
to academic instruction within the prison education program; 21
(d) Ensure compliance with all applicable federal, state, and local laws; 22
(e) Enter into and maintain al l appropriate confidentiality and data protection 23
agreements, including nondisclosure forms, for all academic instruction 24
employees accessing Commonwealth data; 25
(f) Provide academic instruction within the facility and all components 26
required for instruction, including a learning management system; and 27
UNOFFICIAL COPY 26 RS HB 5/GA
Page 5 of 15
HB000510.100 - 1335 - XXXX 3/31/2026 8:45 PM GA
(g) Determine program placement with regard to a participant's academic 1
readiness. 2
(12) This section shall not be interpreted to: 3
(a) Create or confer upon any inmate any private right or benefit; or 4
(b) Limit the discretion of the department in determining and maintaining 5
operational and security requirements of the department. 6
SECTION 2. A NEW SECTION OF KRS CHAPTER 197 IS CREATED TO 7
READ AS FOLLOWS: 8
(1) The memorandum of agreement required under Section 1 of this Act between the 9
department and the Kentucky Community and Technical College System 10
(KCTCS): 11
(a) Shall establish the duties and responsibilities of each party; and 12
(b) May be amended by the parties as necessary, including the addition of terms 13
not required under this section, to meet the needs of the program. 14
(2) The duties and responsibilities of the department shall include: 15
(a) Establishing rules of conduct for inmates participating in the program and 16
maintaining decision-making authority related to any disciplinary action for 17
violations of the rules established under this paragraph; 18
(b) Marketing the program across correctional facilities throughout the 19
Commonwealth with inmates who may meet eligibility requirements; 20
(c) Providing training for each college employee entering the facility or 21
communicating with an inmate, including necessary training related to 22
safety, security, and relevant policies and procedures; 23
(d) Providing training for each college employe e entering the facility or 24
communicating with a participating inmate virtually or in a distance 25
format; 26
(e) For the training required under paragraphs (c) and (d) of this subsection, 27
UNOFFICIAL COPY 26 RS HB 5/GA
Page 6 of 15
HB000510.100 - 1335 - XXXX 3/31/2026 8:45 PM GA
providing modules related to: 1
1. Safety, security, and related policies and procedures; 2
2. The Prison Rape Elimination Act, 34 U.S.C. sec. 30301 et seq.; 3
3. Maintaining professional boundaries; and 4
4. The use of core correctional practices to effectively respond to 5
behavior; 6
(f) Providing KCTCS with necessary data to operate the program, including: 7
1. The transfer and release dates of inmates participating in the program 8
as required by the United States Secretary of Education under 34 9
C.F.R. sec. 668.239; 10
2. A roster of inmates approved for the program to be submitted to the 11
college's designated office for each term; 12
3. Grades and course completions entered into the Kentucky Offender 13
Management System; 14
4. Information to determine the last day of attendance; and 15
5. Information to assist in tracking graduates post-release; 16
(g) Helping to facilitate required verification, identification, and financial aid 17
documents with identified federal agencies for participation in the program; 18
(h) Providing operational support to successfully carry out the program, 19
including: 20
1. Adequate security staffing to support the inmates participating in the 21
program at the KCTCS Prison Education Program campus and 22
collaborating with external partners on reentry services; 23
2. Office space, copier access, and utilities at no cost to KCTCS; 24
3. Clear processes and systems to pay for education expenses, for use by 25
inmates participating in the program; 26
4. Background checks of all KCTCS employees using the department's 27
UNOFFICIAL COPY 26 RS HB 5/GA
Page 7 of 15
HB000510.100 - 1335 - XXXX 3/31/2026 8:45 PM GA
approved vendors and processes; 1
5. Maintenance and replacement of learning technology onsite to ensure 2
continuity in the learning environment when technology 3
malfunctions, including the use of department-issued tablets; and 4
6. Facilitating the purchase and acquisition of class supplies at the 5
beginning of each academic term and charging the cost, along with 6
books, to the participating inmate's financial aid account; and 7
(i) Participating in joi nt meetings between the department and KCTCS to 8
review program outcomes, security issues, and facility updates each term. 9
(3) The duties and responsibilities of KCTCS shall include: 10
(a) Establishing rules of academic conduct for inmates participating in th e 11
program and maintaining decision -making authority related to any 12
disciplinary action for violations of the rules established under this 13
paragraph; 14
(b) Ensuring compliance with all applicable federal, state, and local laws 15
related to student privacy and department security procedures; 16
(c) Maintaining all instructional equipment that is provided by KCTCS within 17
the facility, outside of learning technology that is part of the prison 18
environment; 19
(d) Providing marketing support for the program including: 20
1. Brand guidelines; 21
2. Program information; 22
3. Transfer pathways; and 23
4. Public relations requests related to the program; 24
(e) Developing and distributing a specific catalog or similar publication 25
describing available programs, services for inmates participat ing in the 26
program, curriculum maps, and delivery options; 27
UNOFFICIAL COPY 26 RS HB 5/GA
Page 8 of 15
HB000510.100 - 1335 - XXXX 3/31/2026 8:45 PM GA
(f) Establishing and maintaining a companion website section to inform 1
participating inmate's families, department partners, and community 2
supporters about the campus programs; 3
(g) Managing partner ship components pertaining to the educational status of 4
participating inmates, including: 5
1. Initial college application completion and other educational records 6
required for admission; 7
2. Academic records and materials to determine transfer credit and 8
initial placement; 9
3. Free Application for Federal Student Aid (FAFSA) completion and 10
submission, including eligibility criteria and financial aid payment 11
options; 12
4. Facilitation of financial aid payments for tuition, books, and supplies 13
on behalf of the par ticipating inmate, ensuring no direct 14
disbursements to the inmate; 15
5. Orientation for participating inmates each term addressing: 16
a. College policies and procedures; 17
b. Program requirements; 18
c. FAFSA and payment plans; 19
d. Code of student conduct and college student expectations; and 20
e. Available support services; 21
6. Completion of graduation application and transfer enrollment if 22
desired; 23
7. Instructional materials that comply with the facility requirements of 24
the department; and 25
8. Quality assurance processes, including: 26
a. Course evaluations; 27
UNOFFICIAL COPY 26 RS HB 5/GA
Page 9 of 15
HB000510.100 - 1335 - XXXX 3/31/2026 8:45 PM GA
b. Performance of the participating inmate; 1
c. Syllabi review; and 2
d. Faculty observation; 3
(h) Providing and managing staffing related to the academic components of the 4
program, including: 5
1. Qualified and credentialed in -person and online instructors for 6
coursework; and 7
2. Admissions, financial aid, advising, online library, tutoring, veteran 8
support, transcript collection, and academic support services on -site at 9
the facility; 10
(i) Ensuring compliance with requirements of the Southern Association of 11
Colleges and Schools Commission on Colleges and requirements of the 12
Department of Education for the program; 13
(j) Providing graduation ceremonies on-site; and 14
(k) Working with the department and external partners to match inmates who 15
have completed the program with employers and collecting and reporting 16
job placement and data transfer on an annual basis. 17
(4) The department and KCTCS shall negotiate the responsibility for the cost of 18
licensing and certification examinations if required by an academic program 19
offered in the facility. 20
(5) This section shall not be interpreted to: 21
(a) Create or confer upon any inmate any private right or benefit; or 22
(b) Limit the discretion of the department in determining and maintaining 23
operational and security requirements of the department. 24
Section 3. KRS 196.281 is amended to read as follows: 25
(1) When a prisoner is released, the department shall issue to that prisoner, with the 26
prisoner's consent, documents regarding all of the following: 27
UNOFFICIAL COPY 26 RS HB 5/GA
Page 10 of 15
HB000510.100 - 1335 - XXXX 3/31/2026 8:45 PM GA
(a) The prisoner's criminal history in Kentucky; 1
(b) The prisoner's institutional history, including all of the following: 2
1. Any record of major disciplinary violations; 3
2. Whether the prisoner successfully completed programming approved by 4
the department; 5
3. Whether the prisoner obtained a high school equivalency diploma or 6
other educational degree prior to incarceration, to the extent known or 7
verifiable by the department; 8
4. Whether the prisoner obtained a high school equivalency diploma or 9
other educational degree while incarcerated; 10
5. The prisoner's work record prior to incarceration, including past 11
employment and skills, to the extent known or verifiable by the 12
department, and to the extent the department is technologically capable 13
of providing this information; and 14
6. The prisoner's institutional w ork record, including skills obtained 15
through any job training or programming provided by the department; 16
and 17
(c) Other information considered relevant by the department. 18
(2) When a prisoner is released, the department may, in conjunction with the 19
Transportation Cabinet, issue to that prisoner an operator's license or personal 20
identification card that is a voluntary travel ID document pursuant to KRS 186.417. 21
(3) In addition to the documents provided under subsections (1) and (2) of this section, 22
the department shall issue a certificate of employability to a prisoner if all of the 23
following apply: 24
(a) The prisoner achieved one (1) or both of the following: 25
1. While incarcerated:[,] 26
a. Successfully earned one (1) or more of the following: 27
UNOFFICIAL COPY 26 RS HB 5/GA
Page 11 of 15
HB000510.100 - 1335 - XXXX 3/31/2026 8:45 PM GA
i.[a.] An educational credit pursuant to KRS 197.045(1)(a)2.; 1
ii.[b.] A program completion credit pursuant to KRS 2
197.045(1)(a)3.; or 3
iii.[c.] A work-for-time credit pursuant to KRS 197.047; or 4
b. Successfully completed the Kentucky Community and Technical 5
College System Prison Education Program pursuant to Section 1 6
of this Act; or 7
2. Prior to incarceration, earned a High School Equivalency Diploma, a 8
high school diploma, a college degree, certification from a vocational or 9
technical education program that the program was com pleted, or a 10
diploma or degree from a correspondence postsecondary education 11
program approved by the department; 12
(b) The prisoner received no major disciplinary violations during the year 13
immediately preceding his or her release; and 14
(c) 1. The prisoner re ceived a score or level of competence as determined by 15
the department on a job skills assessment test administered by the 16
department or jail; or 17
2. The prisoner successfully completed the KCTCS Prison Education 18
Program and received an academic certificate, diploma, or degree. 19
(4) A certificate of employability issued pursuant to subsection (3) of this section shall: 20
(a) Be issued to the prisoner when he or she is released from a correctional 21
facility; 22
(b) Be on a form provided by the department; 23
(c) Be valid unless revoked by the department; and 24
(d) Not create relief from: 25
1. A requirement to register as a sex offender under KRS 17.510; 26
2. A driver's license, commercial driver's license, or probationary license 27
UNOFFICIAL COPY 26 RS HB 5/GA
Page 12 of 15
HB000510.100 - 1335 - XXXX 3/31/2026 8:45 PM GA
suspension, cancellation, or revocation; 1
3. A restriction on employment as a prosecutor or law enforcement officer; 2
or 3
4. The denial, ineligibility, or automatic suspension of a health care 4
professional's license due to a substance use disorder. 5
(5) (a) The department shall revoke the certificate of employability provided under 6
this section of any individual who is convicted of a felony after receiving a 7
certificate of employability. 8
(b) The department shall provide an individual whose certificate of employability 9
has been revoked under this subsection an opportunity to file a grievance 10
through the department's prisoner grievance system. The revocation of a 11
certificate of employability is effective when the individual is notified of the 12
revocation. 13
(c) The revocation of a certificate of employability does not affect the right of an 14
employer to rely on the validity of the certificate of employability unless the 15
employer knew before the indiv idual was employed that the certificate of 16
employability was fraudulent. 17
(6) An individual shall not intentionally state or otherwise represent that he or she has a 18
valid certificate of employability issued by the department knowing that the 19
statement or representation is false. An individual who violates this subsection shall 20
be guilty of a Class B misdemeanor. 21
(7) Upon request, the department shall confirm whether a certificate of employability 22
has been issued to a named individual and whether the certificate is valid at the time 23
of the inquiry and at the time of the department's response to that inquiry. 24
(8) The department is not civilly liable for damages based upon its decision to issue or 25
deny issuance of a certificate of employability to any prisoner or for revoking or 26
failing to revoke a certificate of employability issued to any prisoner. 27
UNOFFICIAL COPY 26 RS HB 5/GA
Page 13 of 15
HB000510.100 - 1335 - XXXX 3/31/2026 8:45 PM GA
(9) (a) In a judicial or administrative proceeding alleging negligence or other fault, a 1
certificate of employability issued to an individual under this section may be 2
introduced as evidence of a person's due care in hiring, retaining, licensing, 3
leasing to, admitting to a school or program, or otherwise transacting business 4
or engaging in activity with the individual to whom the certificate of 5
employability was issu ed if the person knew of the certificate at the time of 6
the alleged negligence or other fault. 7
(b) In any proceeding on a claim against an employer for negligent hiring, a 8
certificate of employability issued to an individual under this section may be a 9
defense for the employer as to the claim if the employer knew of the 10
certificate at the time of the alleged negligence, except in cases where the 11
employer knew or should have known the employee should not be hired for 12
the position due to the nature of his or her history, including criminal history 13
relevant to the claim. 14
(10) The department shall notify incoming prisoners of the possibility to earn a 15
certificate of employability. 16
(11) The department shall submit an annual report no later than September 1 of eac h 17
year to the Governor and to the Legislative Research Commission for referral to 18
the Interim Joint Committee on Licensing, Occupations, and Administrative 19
Regulations and the Interim Joint Committee on Judiciary [General Assembly] , 20
which shall include: 21
(a) The number of certificates of employability issued in the preceding twelve 22
(12) months;[,] 23
(b) The rate of recidivism among released prisoners previously issued certificates 24
of employability;[, and] 25
(c) Any other information the department deems appropriate to include; and 26
(d) Beginning September 1, 2029, the data in subsection (7)(e) of Section 1 of 27
UNOFFICIAL COPY 26 RS HB 5/GA
Page 14 of 15
HB000510.100 - 1335 - XXXX 3/31/2026 8:45 PM GA
this Act. 1
Section 4. KRS 335B.020 is amended to read as follows: 2
(1) A[No] person shall not be disqualified from public employment [,] or[nor shall a 3
person be disqualified] from pursuing, practicing, or engaging in any occupation for 4
which a license is required solely because of a: 5
(a) Prior conviction of a crime, unless the crime for which the person was 6
convicted directly relates to the position of employment sought or the 7
occupation for which the license is sought; or 8
(b) Finding that an applicant lacks good character or fails to meet any other 9
similar standard where a criminal conviction is t he sole basis for the 10
finding. 11
(2) In determining if a conviction directly relates to the position of public employment 12
sought or the occupation for which the license is sought, the hiring or licensing 13
authority shall consider the: 14
(a) [The ] Nature and s eriousness of the crime for which the individual was 15
convicted and the passage of time since its commission; 16
(b) [The ]Relationship of the crime to the purposes of regulating the position of 17
public employment sought or the occupation for which the license is sought; 18
and 19
(c) [The ]Relationship of the crime to the ability, capacity, and fitness required to 20
perform the duties and discharge the responsibilities of the position of 21
employment or occupation. 22
(3) There shall be a rebuttable presumption for any occupational license that 23
requires good moral character that the person applying for the license is of good 24
moral character if, after the criminal conviction, the person obtains a certificate 25
of employability pursuant to Section 3 of this Act and the certi ficate has not been 26
revoked. This rebuttable presumption shall not apply if the conviction would 27
UNOFFICIAL COPY 26 RS HB 5/GA
Page 15 of 15
HB000510.100 - 1335 - XXXX 3/31/2026 8:45 PM GA
qualify the individual as a registrant as defined in KRS 17.500. 1
Section 5. The data collected pursuant to subsection (7)(e ) of Section 1 of this 2
Act shall be reported in compliance with subsection (11) of Section 3 of this Act 3
beginning with the September 1, 2029, report submitted by the department. 4