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UNOFFICIAL COPY 26 RS BR 2259
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AN ACT relating to criminal mediation. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 455 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) In any criminal matter pending in a Circuit Court or a District Court of this 5
Commonwealth, the parties may request that the matter be referred for mediation. 6
(2) Upon agreement of all parties, including the victim, the court may refer the 7
matter to a mediator who: 8
(a) Meets at least two (2) of the following qualifications: 9
1. A formerly elected county attorney or Commonwealth's attorney, 10
having served at least one (1) term in office, who has been a licensed 11
attorney for no less than fifteen (15) years; 12
2. A former attorney with the Department of Public Advocacy who has 13
been a licensed attorney for no less than fifteen (15) years; 14
3. A former District Judge or Circuit Judge who has been a licensed 15
attorney for no less than fifteen (15) years; 16
4. A licensed attorney for no less than twenty -five (25) years who has 17
extensive experience in criminal law; or 18
5. A licensed attorney with a minimum of two (2) years of service as: 19
i. An administrative law judge with the Department of Workers' 20
Claims under KRS Chapter 342; 21
ii. A domestic relations commissioner; or 22
iii. A hearing officer qualified under KRS Chapter 13B; 23
(b) Has experience in: 24
1. The same circuit or district where the case is pending; 25
2. A circuit or district that is contiguous to the circuit or district where 26
the case is pending; or 27
UNOFFICIAL COPY 26 RS BR 2259
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3. A circuit or district within a radius o f seventy -five (75) miles of the 1
circuit or district where the case is pending; and 2
(c) Has completed a minimum of forty (40) hours of mediation training. 3
(3) Unless otherwise agreed by the parties, the mediator shall be compensated as 4
authorized by the policies of the Court of Justice. 5
(4) (a) The mediation authorized under this section shall be in addition to any 6
felony mediation program authorized by the Court of Justice. 7
(b) To promote uniformity, the rules adopted by the Court of Justice related to 8
confidentiality and reporting to the court shall apply to any mediation under 9
this section. 10