AN ACT relating to cychlorphine.

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AN ACT relating to cychlorphine. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 218A.010 is amended to read as follows: 3
As used in this chapter, unless the context otherwise requires: 4
(1) "Administer" means the direct application of a controlled substance, whether by 5
injection, inhalation, ingestion, or any other means, to the body of a patient or 6
research subject by: 7
(a) A practitioner or by his or her authorized agent under his or her immediate 8
supervision and pursuant to his or her order; or 9
(b) The patient or research subject at the direction and in the presence of the 10
practitioner; 11
(2) "Anabolic steroid" means any drug or hormonal substance chemically and 12
pharmacologically related to testosterone that promotes muscle growth and includes 13
those substances classified as Schedule III controlled substances pursuant to KRS 14
218A.020 but does not include estrogens, progestins, and anticosteroids; 15
(3) "Cabinet" means the Cabinet for Health and Family Services; 16
(4) "Carfentanil" means any substance contain ing any quantity of carfentanil, or any of 17
its salts, isomers, or salts of isomers; 18
(5) "Certified community based palliative care program" means a palliative care 19
program which has received certification from the Joint Commission; 20
(6) "Child" means any person under the age of majority as specified in KRS 2.015; 21
(7) "Cocaine" means a substance containing any quantity of cocaine, its salts, optical 22
and geometric isomers, and salts of isomers; 23
(8) "Controlled substance" means methamphetamine, or a drug, subst ance, or 24
immediate precursor in Schedules I through V and includes a controlled substance 25
analogue; 26
(9) [(a) ]"Controlled substance analogue[,]": 27
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(a) [Except as provided in paragraph (b) of this subsection, ]Means a substance: 1
1. The chemical structure of which is substantially similar to the structure 2
of a controlled substance in Schedule I or II; and 3
2. Which has a stimulant, depressant, or hallucinogenic effect on the 4
central nervous system that is substantially similar to or greater than the 5
stimulant, depressant, or hallucinogenic effect on the central nervous 6
system of a controlled substance in Schedule I or II; or 7
3. With respect to a particular person, which such person represents or 8
intends to have a stimulant, depressant, or hallucinogenic effect o n the 9
central nervous system that is substantially similar to or greater than the 10
stimulant, depressant, or hallucinogenic effect on the central nervous 11
system of a controlled substance in Schedule I or II; and[.] 12
(b) [Such term ]Does not include: 13
1. Any substance for which there is an approved new drug application; 14
2. With respect to a particular person, any substance if an exemption is in 15
effect for investigational use for that person pursuant to federal law to 16
the extent conduct with respect to such subs tance is pursuant to such 17
exemption; or 18
3. Any substance to the extent not intended for human consumption before 19
the exemption described in subparagraph 2. of this paragraph takes 20
effect with respect to that substance; 21
(10) "Counterfeit substance" means a controlled substance which, or the container or 22
labeling of which, without authorization, bears the trademark, trade name, or other 23
identifying mark, imprint, number, or device, or any likeness thereof, of a 24
manufacturer, distributor, or dispenser other th an the person who in fact 25
manufactured, distributed, or dispensed the substance; 26
(11) "Cychlorphine" means a substance containing any quantity of cychlorphine, or 27
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any of its salts, isomers, or salts of isomers; 1
(12) "Dispense" means to deliver a controlled substance to an ultimate user or research 2
subject by or pursuant to the lawful order of a practitioner, including the packaging, 3
labeling, or compounding necessary to prepare the substance for that delivery; 4
(13)[(12)] "Dispenser" means a person who lawfu lly dispenses a Schedule II, III, IV, or 5
V controlled substance to or for the use of an ultimate user; 6
(14)[(13)] "Distribute" means to deliver other than by administering or dispensing a 7
controlled substance; 8
(15)[(14)] "Dosage unit" means a single pill, capsule, ampule, liquid, or other form of 9
administration available as a single unit; 10
(16)[(15)] "Drug" means: 11
(a) Substances recognized as drugs in the official United States Pharmacopoeia, 12
official Homeopathic Pharmacopoeia of the United States, or offici al National 13
Formulary, or any supplement to any of them; 14
(b) Substances intended for use in the diagnosis, care, mitigation, treatment, or 15
prevention of disease in man or animals; 16
(c) Substances (other than food) intended to affect the structure or any function of 17
the body of man or animals; and 18
(d) Substances intended for use as a component of any article specified in this 19
subsection. 20
It does not include devices or their components, parts, or accessories; 21
(17)[(16)] "Fentanyl" means a substance containing any quantity of fentanyl, or any of 22
its salts, isomers, or salts of isomers; 23
(18)[(17)] "Fentanyl derivative" means a substance containing any quantity of any 24
chemical compound, excep t compounds specifically scheduled as controlled 25
substances by statute or by administrative regulation pursuant to this chapter, which 26
is structurally derived from 1-ethyl-4-(N-phenylamido) piperadine: 27
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(a) By substitution: 1
1. At the 2-position of the 1-ethyl group with a phenyl, furan, thiophene, or 2
ethyloxotetrazole ring system; and 3
2. Of the terminal amido hydrogen atom with an alkyl, alkoxy, cycloalkyl, 4
or furanyl group; and 5
(b) Which may be further modified in one (1) or more of the following ways: 6
1. By substitution on the N -phenyl ring to any extent with alkyl, alkoxy, 7
haloalkyl, hydroxyl, or halide substituents; 8
2. By substitution on the piperadine ring to any extent with alkyl, allyl, 9
alkoxy, hydroxy, or halide substituents at the 2 -, 3 -, 5 -, and/or 6- 10
positions; 11
3. By substitution on the piperadine ring to any extent with a phenyl, 12
alkoxy, or carboxylate ester substituent at the 4- position; or 13
4. By substitution on the 1 -ethyl group to any extent with alkyl, alkoxy, or 14
hydroxy substituents; 15
(19)[(18)] "Good-faith prior examination," [as used in KRS Chapter 218A and ] for 16
criminal prosecution only, means an in -person medical examination of the patient 17
conducted by the prescribing practitioner or other health -care professional routinely 18
relied upon in the ordinary course of his or her practice, at which time the patient is 19
physically examined and a medical history of the patient is obtained. "In -person" 20
includes telehealth examinations. This subsection shall not be applicable to hospice 21
providers licensed pursuant to KRS Chapter 216B; 22
(20)[(19)] "Hazardous chemical substance" includes any chemical substance used or 23
intended for use in the illegal manufacture of a controlled substance as defined in 24
this section or the illegal manufacture of methamphetamine as defined in KRS 25
218A.1431, which: 26
(a) Poses an explosion hazard; 27
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(b) Poses a fire hazard; or 1
(c) Is poisonous or injurious if handled, swallowed, or inhaled; 2
(21)[(20)] "Heroin" means a substance containing any quantity of heroin, or any of its 3
salts, isomers, or salts of isomers; 4
(22)[(21)] "Hydrocodone combination product" means a drug with: 5
(a) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of 6
its salts, per one hundred (100) milliliters or not more than fifteen (15) 7
milligrams per dosage unit, with a fourfold or greater quantity of an 8
isoquinoline alkaloid of opium; or 9
(b) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of 10
its salts, per one hundred (100) milliliters or not more than fifteen (15) 11
milligrams per dosage unit, with one (1) or more active, nonnarcotic 12
ingredients in recognized therapeutic amounts; 13
(23)[(22)] "Immediate precursor" means a substance which is the principal compound 14
commonly used or produced primarily for use, and which is an immediate chemical 15
intermediary used or likely to be used in the manufacture of a controlled substance 16
or methamphetamine, the control of which is necessary to prevent, curtail, or limit 17
manufacture; 18
(24)[(23)] "Industrial hemp" has the same meaning as in KRS 260.850; 19
(25)[(24)] "Industrial hemp products" has the same meaning as in KRS 260.850; 20
(26)[(25)] "Intent to manufacture" means any evidence which demonstrates a person's 21
conscious objective to manufacture a controlled substance or methamphetamine. 22
Such evidence includes but is not limited to statements and a chemical substance's 23
usage, quantity, manner of storage, or proximity to other chemical substances or 24
equipment used to manufacture a controlled substance or methamphetamine; 25
(27)[(26)] "Isomer" means the optical isomer, except the cabinet [ for Health and Family 26
Services] may include the optical, positional, or geometric isomer to classify any 27
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substance pursuant to KRS 218A.020; 1
(28)[(27)] "Manufacture," except as provided in KRS 218A.1431, means the production, 2
preparation, propagation, compounding, conversion, or processing of a controlled 3
substance, either directly or indirectly by extraction from substances of natural 4
origin or independe ntly by means of chemical synthesis, or by a combination of 5
extraction and chemical synthesis, and includes any packaging or repackaging of 6
the substance or labeling or relabeling of its container except that this term does not 7
include activities: 8
(a) By a practitioner as an incident to his or her administering or dispensing of a 9
controlled substance in the course of his or her professional practice; 10
(b) By a practitioner, or by his or her authorized agent under his or her 11
supervision, for the purpose of, o r as an incident to, research, teaching, or 12
chemical analysis and not for sale; or 13
(c) By a pharmacist as an incident to his or her dispensing of a controlled 14
substance in the course of his or her professional practice; 15
(29)[(28)] "Marijuana" means all par ts of the plant Cannabis sp., whether growing or 16
not; the seeds thereof; the resin extracted from any part of the plant; and every 17
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its 18
seeds or resin or any compound, mixture, o r preparation which contains any 19
quantity of these substances. The term "marijuana" does not include: 20
(a) Industrial hemp that is in the possession, custody, or control of a person who 21
holds a license issued by the Department of Agriculture permitting that person 22
to cultivate, handle, or process industrial hemp; 23
(b) Industrial hemp products that do not include any living plants, viable seeds, 24
leaf materials, or floral materials; 25
(c) The substance cannabidiol, when transferred, dispensed, or administered 26
pursuant to the written order of a physician practicing at a hospital or 27
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associated clinic affiliated with a Kentucky public university having a college 1
or school of medicine; 2
(d) For persons participating in a clinical trial or in an expanded access program, 3
a drug or substance approved for the use of those participants by the United 4
States Food and Drug Administration; 5
(e) A cannabidiol product derived from industrial hemp, as defined in KRS 6
260.850; 7
(f) For the purpose of conducting scientific research, a c annabinoid product 8
derived from industrial hemp, as defined in KRS 260.850; 9
(g) A cannabinoid product approved as a prescription medication by the United 10
States Food and Drug Administration; or 11
(h) Medicinal cannabis as defined in KRS 218B.010; 12
(30)[(29)] "Medical history," [as used in KRS Chapter 218A and ] for criminal 13
prosecution only, means an accounting of a patient's medical background, including 14
but not limited to prior medical conditions, prescriptions, and family background; 15
(31)[(30)] "Medical order," [as used in KRS Chapter 218A and ]for criminal prosecution 16
only, means a lawful order of a specifically identified practitioner for a specifically 17
identified patient for the patient's health -care needs. "Medical order" may or may 18
not include a prescription drug order; 19
(32)[(31)] "Medical record," [as used in KRS Chapter 218A and ] for criminal 20
prosecution only, means a record, other than for financial or billing purposes, 21
relating to a patient, kept by a practitioner as a result of the practitioner -patient 22
relationship; 23
(33)[(32)] "Methamphetamine" means any substance that contains any quantity of 24
methamphetamine, or any of its salts, isomers, or salts of isomers; 25
(34)[(33)] "Narcotic drug" means any of the following, whether produced directly or 26
indirectly by extraction from substances of vegetable origin, or independently by 27
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means of chemical synthesis, or by a combination of extraction and chemical 1
synthesis: 2
(a) Opium and opiate, and any salt, compound, derivative, or preparation of 3
opium or opiate; 4
(b) Any salt, compound, isomer, derivative, or preparation thereof which is 5
chemically equivalent or identical with any of the substances referred to in 6
paragraph (a) of this subsection, but not including the isoquinoline alkaloids 7
of opium; 8
(c) Opium poppy and poppy straw; 9
(d) Coca leaves, except coca leaves and extracts of coca leaves from which 10
cocaine, ecgonine, and derivatives of ecgonine or their salts have been 11
removed; 12
(e) Cocaine, its salts, optical and geometric isomers, and salts of isomers; 13
(f) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; and 14
(g) Any compound, mixture, or preparation which contains any quantity of any of 15
the substances referred to in paragraphs (a) to (f) of this subsection; 16
(35)[(34)] "Opiate" means any s ubstance having an addiction -forming or addiction -17
sustaining liability similar to morphine or being capable of conversion into a drug 18
having addiction -forming or addiction -sustaining liability. It does not include, 19
unless specifically designated as control led under KRS 218A.020, the 20
dextrorotatory isomer of 3 -methoxy-n-methylmorphinan and its salts 21
(dextromethorphan). It does include its racemic and levorotatory forms; 22
(36)[(35)] "Opium poppy" means the plant of the species papaver somniferum L., except 23
its seeds; 24
(37)[(36)] "Person" means individual, corporation, government or governmental 25
subdivision or agency, business trust, estate, trust, partnership or association, or any 26
other legal entity; 27
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(38)[(37)] "Physical injury" has the same meaning as[it has] in KRS 500.080; 1
(39)[(38)] "Poppy straw" means all parts, except the seeds, of the opium poppy, after 2
mowing; 3
(40)[(39)] "Pharmacist" means a natural person licensed by this state to engage in the 4
practice of the profession of pharmacy; 5
(41)[(40)] "Practitioner" means a physician, dentist, podiatrist, veterinarian, scientific 6
investigator, optometrist as authorized in KRS 320.240, advanced practice 7
registered nurse as authorized under KRS 314.011, physician assistant as authorized 8
under KRS 311.858, or other person licensed, registered, or otherwise permitted by 9
state or federal law to acquire, distribute, dispense, conduct research with respect to, 10
or to administer a controlled substance in the course of pro fessional practice or 11
research in this state. "Practitioner" also includes a physician, dentist, podiatrist, 12
veterinarian, or advanced practice registered nurse authorized under KRS 314.011 13
who is a resident of and actively practicing in a state other than Kentucky and who 14
is licensed and has prescriptive authority for controlled substances under the 15
professional licensing laws of another state, unless the person's Kentucky license 16
has been revoked, suspended, restricted, or probated, in which case the term s of the 17
Kentucky license shall prevail; 18
(42)[(41)] "Practitioner-patient relationship," [as used in KRS Chapter 218A and ] for 19
criminal prosecution only, means a medical relationship that exists between a 20
patient and a practitioner or the practitioner's de signee, after the practitioner or his 21
or her designee has conducted at least one (1) good-faith prior examination; 22
(43)[(42)] "Prescription" means a written, electronic, or oral order for a drug or 23
medicine, or combination or mixture of drugs or medicines, or proprietary 24
preparation, signed or given or authorized by a medical, dental, chiropody, 25
veterinarian, optometric practitioner, or advanced practice registered nurse, and 26
intended for use in the diagnosis, cure, mitigation, treatment, or prevention of 27
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disease in man or other animals; 1
(44)[(43)] "Prescription blank," with reference to a controlled substance, means a 2
document that meets the requirements of KRS 218A.204 and 217.216; 3
(45)[(44)] "Presumptive probation" means a sentence of probation not to exc eed the 4
maximum term specified for the offense, subject to conditions otherwise authorized 5
by law, that is presumed to be the appropriate sentence for certain offenses 6
designated in this chapter, notwithstanding contrary provisions of KRS Chapter 7
533. That presumption shall only be overcome by a finding on the record by the 8
sentencing court of substantial and compelling reasons why the defendant cannot be 9
safely and effectively supervised in the community, is not amenable to community -10
based treatment, or poses a significant risk to public safety; 11
(46)[(45)] "Production" includes the manufacture, planting, cultivation, growing, or 12
harvesting of a controlled substance; 13
(47)[(46)] "Recovery program" means an evidence-based, nonclinical service that assists 14
individuals and families working toward sustained recovery from substance use and 15
other criminal risk factors. This can be done through an array of support programs 16
and services that are delivered through residential and nonresidential means; 17
(48)[(47)] "Salvia" means Salvia divinorum or Salvinorin A and includes all parts of the 18
plant presently classified botanically as Salvia divinorum, whether growing or not, 19
the seeds thereof, any extract from any part of that plant, and every compound, 20
manufacture, derivat ive, mixture, or preparation of that plant, its seeds, or its 21
extracts, including salts, isomers, and salts of isomers whenever the existence of 22
such salts, isomers, and salts of isomers is possible within the specific chemical 23
designation of that plant, i ts seeds, or extracts. The term shall not include any other 24
species in the genus salvia; 25
(49)[(48)] "Second or subsequent offense" means that for the purposes of this chapter an 26
offense is considered as a second or subsequent offense, if, prior to his or h er 27
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conviction of the offense, the offender has at any time been convicted under this 1
chapter, or under any statute of the United States, or of any state relating to 2
substances classified as controlled substances or counterfeit substances, except that 3
a pri or conviction for a nontrafficking offense shall be treated as a prior offense 4
only when the subsequent offense is a nontrafficking offense. For the purposes of 5
this section, a conviction voided under KRS 218A.275 or 218A.276 shall not 6
constitute a conviction under this chapter; 7
(50)[(49)] "Sell" means to dispose of a controlled substance to another person for 8
consideration or in furtherance of commercial distribution; 9
(51)[(50)] "Serious physical injury" has the same meaning as[it has] in KRS 500.080; 10
(52)[(51)] "Synthetic cannabinoids or piperazines" means any chemical compound 11
which is not approved by the United States Food and Drug Administration or, if 12
approved, which is not dispensed or possessed in accordance with state and federal 13
law, that contains Benzylpiperazine (BZP); Trifluoromethylphenylpiperazine 14
(TFMPP); 1,1 -Dimethylheptyl-11-hydroxytetrahydrocannabinol (HU -210); 1 -15
Butyl-3-(1-naphthoyl)indole; 1 -Pentyl-3-(1-naphthoyl)indole; dexanabinol (HU -16
211); or any compound in the following structural classes: 17
(a) Naphthoylindoles: Any compound containing a 3 -(1-naphthoyl)indole 18
structure with substitution at the nitrogen atom of the indole ring by an alkyl, 19
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1 -(N-methyl-2-20
piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group, whether or not further 21
substituted in the indole ring to any extent and whether or not substituted in 22
the naphthyl ring to any extent. Examples of this structural class include but 23
are not limited to JWH-015, JWH-018, JWH-019, JWH-073, JWH-081, JWH-24
122, JWH-200, and AM-2201; 25
(b) Phenylacetylindoles: Any compound containing a 3 -phenylacetylindole 26
structure with substitution at the nitrogen atom of the indole ring by an alkyl, 27
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haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1 -(N-methyl-2-1
piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group whether or not further 2
substituted in the indole ring to any extent and whether or not substituted in 3
the phenyl ring to any extent. Examples of this structural class include but are 4
not limited to JWH-167, JWH-250, JWH-251, and RCS-8; 5
(c) Benzoylindoles: Any compound containing a 3-(benzoyl)indole structure with 6
substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 7
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1 -(N-methyl-2-8
piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group whether or not further 9
substituted in the indole ring to any extent and whether or not substituted in 10
the phenyl ring to any extent. Examples of this structural class include but are 11
not limited to AM -630, AM-2233, AM-694, Pravadoline (WIN 48,098), and 12
RCS-4; 13
(d) Cyclohexylphenols: Any compound containing a 2 -(3-14
hydroxycyclohexyl)phenol structure with substitution at the 5 -position of the 15
phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, 16
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl 17
group whether or not substituted in the cyclohexyl ring to any extent. 18
Examples of this structural class include but are not limited to CP 47,497 and 19
its C8 homologue (cannabicyclohexanol); 20
(e) Naphthylmethylindoles: Any compound containing a 1H -indol-3-yl-(1-21
naphthyl)methane structure with substitution at the nitrogen atom of the 22
indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 23
1-(N-methyl-2-piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group whether 24
or not further substituted in the indole ring to any extent and whether or not 25
substituted in the naphthyl ring to any extent. Examples of this structural class 26
include but are not limited to JWH-175, JWH-184, and JWH-185; 27
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(f) Naphthoylpyrroles: Any compound containing a 3 -(1-naphthoyl)pyrrole 1
structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, 2
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1 -(N-methyl-2-3
piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group whether or not further 4
substituted in the pyrrole ring to any extent and whether or not substituted in 5
the naphthyl ring to any extent. Examples of this structural class include but 6
are not limited to JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368; 7
(g) Naphthylmethylindenes: Any compound containing a 1 -(1-8
naphthylmethyl)indene structure with substitution at the 3 -position of the 9
indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 10
1-(N-methyl-2-piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group whether 11
or not further substituted in the indene ring to any extent and whether or not 12
substituted in the naphthyl ring to any extent. Examples of this structural class 13
include but are not limited to JWH-176; 14
(h) Tetramethylcyclopropanoylindoles: Any compound containing a 3 -(1-15
tetramethylcyclopropoyl)indole structure with substitution at the nitrogen 16
atom of the indole ring by an alkyl, haloalkyl, cycloalkylmethyl, 17
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl 18
group, whether or not further substituted in the indole ring to any extent and 19
whether or not further substituted in the tetramethylcyclopropyl ring to any 20
extent. Examples of this structural class include but are not li mited to UR-144 21
and XLR-11; 22
(i) Adamantoylindoles: Any compound containing a 3 -(1-adamantoyl)indole 23
structure with substitution at the nitrogen atom of the indole ring by an alkyl, 24
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1 -(N-methyl-2-25
piperidinyl)methyl, or 2 -(4-morpholinyl)ethyl group, whether or not further 26
substituted in the indole ring to any extent and whether or not substituted in 27
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the adamantyl ring system to any extent. Examples of this structural class 1
include but are not limited to AB-001 and AM-1248; or 2
(j) Any other synthetic cannabinoid or piperazine which is not approved by the 3
United States Food and Drug Administration or, if approved, which is not 4
dispensed or possessed in accordance with state and federal law; 5
(53)[(52)] "Synthetic cathinones" means any chemical compound which is not approved 6
by the United States Food and Drug Administration or, if approved, which is not 7
dispensed or possessed in accordance with state and federal law (not including 8
bupropion or compounds listed under a different schedule) structurally derived from 9
2-aminopropan-1-one by substitution at the 1 -position with either phenyl, naphthyl, 10
or thiophene ring systems, whether or not the compound is further modified in one 11
(1) or more of the following ways: 12
(a) By substitution in the ring system to any extent with alkyl, alkylenedioxy, 13
alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further 14
substituted in the ring system by one (1) or more other univalent substituents. 15
Examples of thi s class include but are not limited to 3,4 -16
Methylenedioxycathinone (bk-MDA); 17
(b) By substitution at the 3 -position with an acyclic alkyl substituent. Examples 18
of this class include but are not limited to 2 -methylamino-1-phenylbutan-1-19
one (buphedrone); 20
(c) By substitution at the 2 -amino nitrogen atom with alkyl, dialkyl, benzyl, or 21
methoxybenzyl groups, or by inclusion of the 2 -amino nitrogen atom in a 22
cyclic structure. Examples of this class include but are not limited to 23
Dimethylcathinone, Ethcathinone, and -Pyrrolidinopropiophenone (-PPP); 24
or 25
(d) Any other synthetic cathinone which is not approved by the United States 26
Food and Drug Administration or, if approved, is not dispensed or possessed 27
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in accordance with state or federal law; 1
(54)[(53)] "Synthetic drugs" means any synthetic cannabinoids or piperazines or any 2
synthetic cathinones; 3
(55)[(54)] "Telehealth" has the same meaning as[it has] in KRS 211.332; 4
(56)[(55)] "Tetrahydrocannabinols" me ans synthetic equivalents of the substances 5
contained in the plant, or in the resinous extractives of the plant Cannabis, sp. or 6
synthetic substances, derivatives, and their isomers with similar chemical structure 7
and pharmacological activity such as the following: 8
(a) Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; 9
(b) Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and 10
(c) Delta 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers; 11
(57)[(56)] "Traffic," except as provided in KRS 218A.1431, means to manufacture, 12
distribute, dispense, sell, transfer, or possess with intent to manufacture, distribute, 13
dispense, or sell a controlled substance; 14
(58)[(57)] "Transfer" means to dispose of a controlled substanc e to another person 15
without consideration and not in furtherance of commercial distribution; and 16
(59)[(58)] "Ultimate user" means a person who lawfully possesses a controlled substance 17
for his or her own use or for the use of a member of his or her househo ld or for 18
administering to an animal owned by him or her or by a member of his or her 19
household. 20
Section 2. KRS 218A.1410 is amended to read as follows: 21
(1) A person is guilty of importing heroin, carfentanil, cychlorphine, fentanyl, or 22
fentanyl derivatives when he or she knowingly and unlawfully transports any 23
quantity of heroin, carfentanil, cychlorphine, fentanyl, or fentanyl derivatives into 24
the Commonwealth by any means with the intent to sell or distribute the heroi n, 25
carfentanil, cychlorphine, fentanyl, or fentanyl derivatives. 26
(2) The provisions of this section are intended to be a separate offense from others in 27
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this chapter, and shall be punished in addition to violations of this chapter occurring 1
during the same course of conduct. 2
(3) (a) Importing heroin is a Class C felony, and the defendant shall not be released 3
on probation, shock probation, conditional discharge, or parole until he or she 4
has served at least fifty percent (50%) of the sentence imposed. 5
(b) Importing carfentanil, cychlorphine, fentanyl, or fentanyl derivatives is a 6
Class C felony, and the defendant shall not be: 7
1. [Shall not be ]Eligible for pretrial diversion; or[and] 8
2. [Shall not be ] Released on probation, shock probation, conditional 9
discharge, [or ]parole, or other form of early release until he or she has 10
served at least eighty-five percent (85%) of the sentence imposed. 11
Section 3. KRS 218A.1412 is amended to read as follows: 12
(1) A person is guilty of trafficking in a controlled substance in the first degree when 13
he or she knowingly and unlawfully traffics in: 14
(a) Four (4) grams or more of cocaine; 15
(b) Two (2) grams or more of methamphetamine; 16
(c) Ten (10) or more dosage units of a controlled substance that is classified in 17
Schedules I or II and is a narcotic drug, or a controlled substance analogue; 18
(d) Any quantity of heroin, cychlorphine, fentanyl, carfentanil, or fentanyl 19
derivatives; lysergic acid diethylamide; phencyclidine; gamma 20
hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and 21
analogues; or flunitrazepam, including its salts, isomers, and salts of isomers; 22
or 23
(e) Any quantity of a controlled substance specified in paragraph (a), (b), or (c) of 24
this subsection in an amount less than the amounts specified in those 25
paragraphs. 26
(2) The amounts specified in subsection (1) of this section may occur in a single 27
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transaction or may occur in a series of transactions over a period of time not to 1
exceed ninety (90) days that cumulatively result in the quantities specified in this 2
section. 3
(3) (a) Any person who violates the provisions of subsection (1)(a), (b), (c), or (d) of 4
this section shall be guilty of a Class C felony for the first offense and a Class 5
B felony for a second or subsequent offense. 6
(b) Any person who violates the provision s of subsection (1)(e) of this section 7
shall be guilty of a Class D felony for the first offense and a Class C felony 8
for a second or subsequent offense. 9
(c) If the substance is cychlorphine, fentanyl, or a fentanyl derivative, and the 10
injection, ingestion , inhalation, or other introduction of the cychlorphine, 11
fentanyl, or fentanyl derivative causes the death of a person, the penalty for 12
the offense shall be one (1) level higher than the level otherwise specified in 13
this section. 14
(d) Any person convicted of a Class C felony offense or higher under this section 15
shall not be released on probation, shock probation, parole, conditional 16
discharge, or other form of early release until he or she has served at least fifty 17
percent (50%) of the sentence imposed in cases where the trafficked substance 18
was heroin, cychlorphine, fentanyl, carfentanil, or fentanyl derivatives. 19
Section 4. KRS 218A.14141 is amended to read as follows: 20
(1) A person is guilty of trafficking in a misrepresen ted controlled substance when he 21
or she knowingly and unlawfully sells or distributes any Schedule I controlled 22
substance, carfentanil, cychlorphine, or fentanyl while misrepresenting the identity 23
of the Schedule I controlled substance, carfentanil, cychlorphine, or fentanyl being 24
sold or distributed as a legitimate pharmaceutical product. 25
(2) The provisions of this section are intended to be a separate offense from others in 26
this chapter, and shall be punished in addition to violations of this chapter occurring 27
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during the same course of conduct. 1
(3) Trafficking in a misrepresented controlled substance is a Class D felony. 2
Section 5. KRS 218A.142 is amended to read as follows: 3
(1) A person is guilty of aggravated trafficki ng in a controlled substance in the first 4
degree when he or she knowingly and unlawfully traffics in: 5
(a) One hundred (100) grams or more of heroin; 6
(b) Twenty-eight (28) grams or more of fentanyl;[ or] 7
(c) Ten (10) grams or more of cychlorphine; or 8
(d) Ten (10) grams or more of carfentanil or fentanyl derivatives. 9
(2) Aggravated trafficking in a controlled substance in the first degree is a Class B 10
felony, and: 11
(a) The defendant shall not be released on probation, shock probation, conditional 12
discharge, [or ] parole, or other form of early release until he or she has 13
served at least fifty percent (50%) of the sentence imposed where the 14
trafficked substance was heroin; or 15
(b) The defendant shall not be eligible for pretrial diversion, and shall not be 16
released on probation, shock probation, conditional discharge, [or ]parole, or 17
other form of early release until he or she has served at least eighty -five 18
percent (85%) of the sentence imposed where the trafficked substance was 19
fentanyl, carfentanil, cychlorphine, or fentanyl derivatives. 20
Section 6. KRS 500.080 is amended to read as follows: 21
As used in the Kentucky Penal Code, unless the context otherwise requires: 22
(1) "Actor" means any natural person and, where relevant, a corp oration or an 23
unincorporated association; 24
(2) "Crime" means a misdemeanor or a felony; 25
(3) "Cychlorphine" has the same meaning as in Section 1 of this Act; 26
(4) "Dangerous instrument" means any instrument, including parts of the human body 27
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when a serious physical injury is a direct result of the use of that part of the human 1
body, article, or substance which, under the circumstances in which it is used, 2
attempted to be used, or threatened to be used, is readily capable of causing death or 3
serious physical injury. "Dangerous instrument" may include a laser; 4
(5)[(4)] "Deadly weapon" means any of the following: 5
(a) A weapon of mass destruction; 6
(b) Any weapon from which a shot, readily capable of producing death or other 7
serious physical injury, may be discharged; 8
(c) Any knife other than an ordinary pocket knife or hunting knife; 9
(d) Billy, nightstick, or club; 10
(e) Blackjack or slapjack; 11
(f) Nunchaku karate sticks; 12
(g) Shuriken or death star; or 13
(h) Artificial knuckles made from metal, plastic, or other similar hard material; 14
(6)[(5)] "Felony" means an offense for which a sentence to a term of imprisonment of 15
at least one (1) year in the custody of t he Department of Corrections may be 16
imposed; 17
(7) "Fentanyl" has the same meaning as in Section 1 of this Act; 18
(8)[(6)] "Fentanyl derivative" has the same meaning as in KRS 218A.010; 19
(9)[(7)] "Government" means the United States, any state, county, municipa lity, or 20
other political unit, or any department, agency, or subdivision of any of the 21
foregoing, or any corporation or other association carrying out the functions of 22
government; 23
(10)[(8)] "He" or "she" means any natural person and, where relevant, a corporation or 24
an unincorporated association; 25
(11)[(9)] "Impacted by the disaster" means the location or in reasonable proximity to 26
the location where a natural or man -made disaster has caused physical injury, 27
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serious physical injury, death, or substantial damage to property or infrastructure; 1
(12)[(10)] "Laser" means any device designed or used to amplify electromagnetic 2
radiation by stimulated emission that emits a beam, other than a medical laser when 3
used in medical treatment or surgery; 4
(13)[(11)] "Law" in cludes statutes, ordinances, and properly adopted regulatory 5
provisions. Unless the context otherwise clearly requires, "law" also includes the 6
common law; 7
(14)[(12)] "Minor" means any person who has not reached the age of majority as defined 8
in KRS 2.015; 9
(15)[(13)] "Misdemeanor" means an offense, other than a traffic infraction, for which a 10
sentence to a term of imprisonment of not more than twelve (12) months can be 11
imposed; 12
(16)[(14)] "Natural or man -made disaster" means a tornado, storm, or other sever e 13
weather, earthquake, flood, or fire that poses a significant threat to human health 14
and safety, property, or critical infrastructure; 15
(17)[(15)] "Offense" means conduct for which a sentence to a term of imprisonment or 16
to a fine is provided by any law of this state or by any law, local law, or ordinance 17
of a political subdivision of this state or by any law, order, rule, or regulation of any 18
governmental instrumentality authorized by law to adopt the same; 19
(18)[(16)] "Person" means a human being, and wher e appropriate, a public or private 20
corporation, an unincorporated association, a partnership, a government, or a 21
governmental authority; 22
(19)[(17)] "Physical injury" means substantial physical pain or any impairment of 23
physical condition; 24
(20)[(18)] "Possession" means to have actual physical possession or otherwise to 25
exercise actual dominion or control over a tangible object; 26
(21)[(19)] "Serious physical injury" means physical injury which creates a substantial 27
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risk of death, or which causes serious and pr olonged disfigurement, prolonged 1
impairment of health, prolonged loss or impairment of the function of any bodily 2
organ, or eye damage or visual impairment. For a child twelve (12) years of age or 3
less at the time of the injury, or for any person if the re lationship between the 4
perpetrator and the victim meets the definition of a family member or member of an 5
unmarried couple as defined in KRS 403.720, or a dating relationship as defined in 6
KRS 456.010, a serious physical injury includes but is not limited to the following: 7
(a) Bruising near the eyes, or on the head, neck, or lower back overlying the 8
kidneys; 9
(b) Any bruising severe enough to cause underlying muscle damage as 10
determined by elevated creatine kinase levels in the blood; 11
(c) Any bruising or sof t tissue injury to the genitals that affects the ability to 12
urinate or defecate; 13
(d) Any testicular injury sufficient to put fertility at risk; 14
(e) Any burn near the eyes or involving the mouth, airway, or esophagus; 15
(f) Any burn deep enough to leave scarring or dysfunction of the body; 16
(g) Any burn requiring hospitalization, debridement in the operating room, IV 17
fluids, intubation, or admission to a hospital's intensive care unit; 18
(h) Rib fracture; 19
(i) Scapula or sternum fractures; 20
(j) Any broken bone that requires surgery; 21
(k) Head injuries that result in intracranial bleeding, skull fracture, or brain 22
injury; 23
(l) A concussion that results in the child becoming limp, unresponsive, or results 24
in seizure activity; 25
(m) Abdominal injuries that indicate internal organ damage regardless of whether 26
surgery is required; 27
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(n) Any injury requiring surgery; 1
(o) Any injury that requires a blood transfusion; and 2
(p) Any injury requiring admission to a hospital's critical care unit; 3
(22)[(20)] "Unlawful" means contrary to law or, where the context so requires, not 4
permitted by law. It does not mean wrongful or immoral; 5
(23)[(21)] "Violation" means an offense, other than a traffic infraction, for which a 6
sentence to a fine only can be imposed; and 7
(24)[(22)] "Weapon of mass destruction" means: 8
(a) Any destructive device as defined in KRS 237.030, but not fireworks as 9
defined in KRS 227.700; 10
(b) Any weapon that is designed or intended to cause death or serious physical 11
injury through the rel ease, dissemination, or impact of toxic or poisonous 12
chemicals or their precursors; 13
(c) Any weapon involving a disease organism; or 14
(d) Any weapon that is designed to release radiation or radioactivity at a level 15
dangerous to human life. 16
Section 7. KRS 507.030 is amended to read as follows: 17
(1) A person is guilty of manslaughter in the first degree when: 18
(a) With intent to cause serious physical injury to another person, he or she 19
causes the death of such person or of a third person; 20
(b) With intent to cause the death of another person, he or she causes the death of 21
such person or of a third person under circumstances which do not constitute 22
murder because he or she acts under the influence of extreme emotional 23
disturbance, as defined in subsection (1)(a) of KRS 507.020; 24
(c) Through circumstances not otherwise constituting the offense of murder, he or 25
she intentionally abuses another person or knowingly permits another person 26
of whom he or she has actual custody to be abus ed and thereby causes death 27
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to a person twelve (12) years of age or less, or who is physically helpless or 1
mentally helpless; or 2
(d) He or she knowingly sells cychlorphine, fentanyl, or a fentanyl derivative to 3
another person, and the injection, ingestion, inhalation, or other introduction 4
of the cychlorphine, fentanyl, or fentanyl derivative causes the death of the 5
person. 6
(2) Manslaughter in the first degree is a Class B felony. 7
Section 8. KRS 507.040 is amended to read as follows: 8
(1) A person is guilty of manslaughter in the second degree when he or she wantonly 9
causes the death of another person, including but not limited to situations where the 10
death results from the person's: 11
(a) Operation of a motor vehicle; 12
(b) Leaving a child under the age of eight (8) year s in a motor vehicle under 13
circumstances which manifest an extreme indifference to human life and 14
which create a grave risk of death to the child, thereby causing the death of 15
the child; 16
(c) Unlawful distribution for remuneration of a Schedule I or II con trolled 17
substance when the controlled substance is the proximate cause of death; or 18
(d) Knowing distribution of cychlorphine, fentanyl, or a fentanyl derivative to 19
another person without remuneration, and the injection, ingestion, inhalation, 20
or other intr oduction of the cychlorphine, fentanyl, or fentanyl derivative 21
causes the death of the person. 22
(2) Manslaughter in the second degree is a Class C felony. 23
Section 9. KRS 520.050 is amended to read as follows: 24
(1) A person is guilty of promoting contraband in the first degree when: 25
(a) He or she knowingly introduces dangerous contraband into a detention facility 26
or a penitentiary; or 27
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(b) Being a person confined in a detention facility or a penitentiary, he or she 1
knowingly makes, obtains, or possesses dangerous contraband. 2
(2) Promoting contraband in the first degree is a Class D felony, unless the dangerous 3
contraband is cychlorphine, fentanyl, carfentanil, or a fentanyl derivative, in which 4
case it is a Class C felony. 5
Section 10. KRS 532.100 is amended to read as follows: 6
(1) As used in this section, "jail" means a "jail" or "regional jail" as defined in KRS 7
441.005. 8
(2) When an indeterminate term of imprisonment is imposed, the court sh all commit 9
the defendant to the custody of the Department of Corrections for the term of his or 10
her sentence and until released in accordance with the law. 11
(3) When a definite term of imprisonment is imposed, the court shall commit the 12
defendant to a jail for the term of his or her sentence and until released in 13
accordance with the law. 14
(4) When a sentence of death is imposed, the court shall commit the defendant to the 15
custody of the Department of Corrections with directions that the sentence be 16
carried out according to law. 17
(5) (a) The provisions of KRS 500.080 (6)[(5)] notwithstanding, if a Class D felon is 18
sentenced to an indeterminate term of imprisonment of five (5) years or less, 19
he or she shall serve that term in a jail in a county in which the fiscal court has 20
agreed to house state prisoners; except that, when an indeterminate sentence 21
of two (2) years or more is imposed on a Class D felon convicted of a sexual 22
offense enumerated in KRS 197.410(1), or a crime under KRS 17.510(12) or 23
(13), the sentence shall be served in a state institution. Counties choosing not 24
to comply with the provisions of this paragraph shall be granted a waiver by 25
the commissioner of the Department of Corrections. 26
(b) The provisions of KRS 500.080 (6)[(5)] notwithstanding, a Class D felon who 27
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received a sentence of more than five (5) years for nonviolent, nonsexual 1
offenses, but who currently has less than five (5) years remaining to be 2
served, may serve the remainder of his or her term in a jail in a county in 3
which the fiscal court has agreed to house state prisoners. 4
(c) 1. The provisions of KRS 500.080 (6)[(5)] notwithstanding, and except as 5
provided in subparagraph 2. of this paragraph, a Class C or D felon with 6
a sentence of more than five (5) years who is classified by the 7
Department of Corrections as community custody shall serve that term 8
in a jail in a county in which the fiscal court has agreed to house state 9
prisoners if: 10
a. Beds are available in the jail; 11
b. State facilities are at capacity; and 12
c. Halfway house beds are being utilized at the contract level as of 13
July 15, 2000. 14
2. When an indeterminate sentence of two (2) years or more is imposed on 15
a felon convicted of a sex crime, as defined in KRS 17.500, or any 16
similar offense in another jurisdiction, the sentence sha ll be served in a 17
state institution. 18
3. Counties choosing not to comply with the provisions of this paragraph 19
shall be granted a waiver by the commissioner of the Department of 20
Corrections. 21
(d) Any jail that houses state inmates under this subsection shall offer programs 22
as recommended by the Jail Standards Commission. The Department of 23
Corrections shall adopt the recommendations of the Jail Standards 24
Commission and promulgate administrative regulations establishing required 25
programs for a jail that houses state inmates under this subsection. The 26
Department of Corrections shall approve programming offered by jails to state 27
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inmates for sentencing credits in accordance with KRS 197.045. 1
(e) Before housing any female state inmate, a jail shall be certified purs uant to 2
KRS 197.020. 3
(f) 1. a. If a jail is at or over one hundred fifty percent (150%) capacity, the 4
Department of Corrections may direct the jail to transfer a 5
specified number of state prisoners to vacant beds at other 6
designated jails or state institutions. As used in this paragraph , 7
"capacity" means the capacity listed on the certificate of 8
occupancy issued each year to the jail by the Department of 9
Corrections. 10
b. The Department of Corrections shall choose which state prisoners 11
are eligible for transfer based on the security level of the vacant 12
bed at the receiving jail or state institution. 13
c. State prisoners who are approved for transfer to a Department of 14
Corrections facility for necessary medical treatment and care 15
pursuant to KRS 441.560 shall not be transferred to another jail. 16
d. State prisoners enrolled in a Department of Corrections approved 17
program pursuant to KRS 197.045 shall not be transferred. 18
e. State prisoners awaiting trial in the county they are being housed 19
shall not be transferred. 20
f. Jails that receive state prisoners pursuant to this subparagraph shall 21
be responsible for the transportation of those prisoners to the jail. 22
2. If the Department of Corrections directs the transfer of a state prisoner 23
pursuant to subparagraph 1. of this paragraph, the jailer has fourt een 24
(14) days to transfer the state prisoner. If the jailer refuses to release 25
custody of the state prisoner to the receiving jail within fourteen (14) 26
days, the department shall reduce the per diem for the jail for an amount 27
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equal to the per diem of that prisoner for each day the jailer refuses to 1
comply with the direction. 2
3. If the Department of Corrections directs the transfer of a state prisoner 3
pursuant to subparagraph 1. of this paragraph, the jailer of the receiving 4
jail shall accept the transfer an d transport the state prisoner in 5
accordance with subparagraph 1.f. of this paragraph. If, after receiving a 6
copy of the direction, the jailer refuses to accept and transport the state 7
prisoner, the Department of Corrections shall reduce the per diem for the 8
receiving jail for an amount equal to the per diem of that prisoner for 9
each day the jailer refuses to comply with the direction. 10
4. If a jail has a vacant bed and has a Class C or Class D felon who, based 11
on the Department of Corrections classification system, is eligible to be 12
housed in that vacant bed, the department may direct the jail to transfer 13
the state prisoner to that bed. If the jailer refuses to transfer the state 14
prisoner to the vacant bed, the Department of Corrections shall reduce 15
the per diem for the jail for an amount equal to the per diem of that 16
prisoner for each day the jailer refuses to comply with the direction. 17
5. The per diem reduced pursuant to subparagraph 2., 3., or 4. of this 18
paragraph shall be enforced by withholding the amoun t from the per 19
diem paid to the jail pursuant to KRS 431.215(2). 20
6. If a jail that is at or over one hundred fifty percent (150%) capacity 21
requests the transfer of a specified number of state prisoners, the 22
Department of Corrections may, if vacant beds are available at other 23
jails, direct the transfer in accordance with subparagraph 1. of this 24
paragraph. 25
(g) If a jail has vacant beds in an area of the jail usually reserved for state 26
prisoners, the jail may house county prisoners in that area. 27
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(6) The jailer of a county in which a Class D felon or a Class C felon is incarcerated 1
may request the commissioner of the Department of Corrections to incarcerate the 2
felon in a state corrections institution if the jailer has reasons to believe that the 3
felon is an esc ape risk, a danger to himself or herself or other inmates, an extreme 4
security risk, or needs protective custody beyond that which can be provided in a 5
jail. The commissioner of the Department of Corrections shall evaluate the request 6
and transfer the inmate if he or she deems it necessary. If the commissioner refuses 7
to accept the felon inmate, and the Circuit Judge of the county that has jurisdiction 8
of the offense charged is of the opinion that the felon cannot be safely kept in a jail, 9
the Circuit Judge, with the consent of the Governor, may order the felon transferred 10
to the custody of the Department of Corrections. 11
(7) (a) Class D felons and Class C felons serving their time in a jail shall be 12
considered state prisoners, and, except as provided in subs ection (5)(f) of this 13
section, the Department of Corrections shall pay the jail in which the prisoner 14
is incarcerated a per diem amount determined according to KRS 431.215(2). 15
For other state prisoners and parole violator prisoners, the per diem payments 16
shall also begin on the date prescribed in KRS 431.215(2), except as provided 17
in subsection (5)(f) of this section. 18
(b) 1. The per diem amount paid to the jail shall be increased by two dollars 19
($2) per day of program attendance for those inmates enrolled i n and 20
attending evidence-based programs approved by the department and that 21
do not require instructors to have completed any postsecondary 22
education. 23
2. The per diem amount paid to the jail shall be increased by ten dollars 24
($10) per day of program attenda nce for those inmates enrolled in and 25
attending evidence-based programs approved by the department and that 26
require instructors to have completed particular postsecondary courses. 27
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(c) Any amount beyond the base per diem paid under paragraph (a) of this 1
subsection that is paid under a contract to the jail for an inmate's attendance at 2
an evidence -based program shall be credited toward the ten dollars ($10) 3
increase in per diem required under paragraph (b) of this subsection. 4
(8) State prisoners, excluding the Class D felons and Class C felons qualifying to serve 5
time in jails, shall be transferred to the state institution within forty -five (45) days 6
of final sentencing. 7
(9) (a) Class D felons eligible for placement in a jail may be permitted by the warden 8
or jailer to participate in any approved community work program or other 9
form of work release with the approval of the commissioner of the 10
Department of Corrections. 11
(b) The authority to release an inmate to work under this subsection may be 12
exercised at any time during the inmate's sentence, including the period when 13
the court has concurrent authority to permit work release pursuant to KRS 14
439.265. 15
(c) The warden or jailer may require an inmate participating in the program to 16
pay a fee to reimburse the warden or jailer for the cost of operating the 17
community work program or any other work release program. The fee shall 18
not exceed the lesser of fifty -five dollars ($55) per week or twenty percent 19
(20%) of the prisoner's weekly net pay earned from the community w ork 20
program or work release participation. In addition, the inmate may be required 21
to pay for any drug testing performed on the inmate as a requirement of the 22
community work program or work release participation. 23
(d) This subsection shall not apply to an inmate who: 24
1. Is not eligible for work release pursuant to KRS 197.140; 25
2. Has a maximum or close security classification as defined by 26
administrative regulations promulgated by the Department of 27
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Corrections; 1
3. Is subject to the provisions of KRS 532.043; or 2
4. Is in a reentry center as defined in KRS 441.005. 3