AN ACT relating to sex offender registrants.

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AN ACT relating to sex offender registrants. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 17.500 is amended to read as follows: 3
As used in KRS 17.500 to 17.580: 4
(1) "Approved provider" means a mental health professional licensed or certified in 5
Kentucky whose scope of practice includes providing mental health treatment 6
services and who is approved by the Sex Offender Risk Assessment Advisory 7
Board[,] under administrative regulations promulgated by the board [,] to provide 8
comprehensive sex offender presentence evaluations or treatment to adults and 9
youthful offenders[,] as defined in KRS 600.020; 10
(2) "Authorized personnel" means an agent of state government who is properly 11
trained in DNA sample collection pursuant to administrative regulation; 12
(3) "Board" means the Sex Offender Risk Assessment Advisory Board created under 13
KRS 17.554; 14
(4) "Cabinet" means the Justice and Public Safety Cabinet; 15
(5)[(3)] (a) Except as provided in paragraph (b) of this subsection, "criminal offense 16
against a victim who i s a minor" means any of the following offenses if the 17
victim is under the age of eighteen (18) at the time of the commission of the 18
offense: 19
1. Kidnapping, as set forth in KRS 509.040, except by a parent; 20
2. Unlawful imprisonment, as set forth in KRS 509.0 20, except by a 21
parent; 22
3. Sex crime; 23
4. Promoting a sexual performance of a minor, as set forth in KRS 24
531.320; 25
5. Human trafficking involving commercial sexual activity, as set forth in 26
KRS 529.100; 27
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6. Promoting human trafficking involving commercial sex ual activity, as 1
set forth in KRS 529.110; 2
7. Promoting prostitution, as set forth in KRS 529.040, when the defendant 3
advances or profits from the prostitution of a person under the age of 4
eighteen (18); 5
8. Use of a minor in a sexual performance, as set forth in KRS 531.310; 6
9. Sexual abuse, as set forth in KRS 510.120 and 510.130; 7
10. Unlawful transaction with a minor in the first degree, as set forth in KRS 8
530.064(1)(a); 9
11. Any offense involving a minor or depictions of a minor, as set forth in 10
KRS Chapter 531; 11
12. Any attempt to commit any of the offenses described in subparagraphs 12
1. to 11. of this paragraph; 13
13. Solicitation to commit any of the offenses described in subparagraphs 1. 14
to 11. of this paragraph; or 15
14. Any offense from another state or t erritory, any federal offense, or any 16
offense subject to a court martial of the United States Armed Forces, 17
which is similar to any of the offenses described in subparagraphs 1. to 18
13. of this paragraph. 19
(b) Conduct which is criminal only because of the ag e of the victim shall not be 20
considered a criminal offense against a victim who is a minor if the 21
perpetrator was under the age of eighteen (18) at the time of the commission 22
of the offense; 23
(6) "DNA sample" or "deoxyribonucleic acid sample" means a blood or swab 24
specimen from a person, as prescribed by administrative regulation, that is 25
required to provide a DNA sample pursuant to KRS 17.170 or 17.510, that shall 26
be submitted to the Department of Kentucky State Police forensic laboratory for 27
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law enforcemen t identification purposes and inclusion in law enforcement 1
identification databases; 2
(7)[(4)] "Law enforcement agency" means any lawfully organized investigative 3
agency, sheriff's office, police unit, or police force of federal, state, county, urban -4
county government, charter county, city, consolidated local government, or a 5
combination of these, responsible for the detection of crime and the enforcement of 6
the general criminal federal or state laws; 7
(8)[(5)] "Registrant" means: 8
(a) Any person eighteen (18) years of age or older at the time of the offense or 9
any youthful offender, as defined in KRS 600.020, who has committed: 10
1. A sex crime; or 11
2. A criminal offense against a victim who is a minor; or 12
(b) Any person required to register under KRS 17.510; or 13
(c) Any sexually violent predator; or 14
(d) Any person whose sexual offense has been diverted pursuant to KRS 533.250, 15
until the diversionary period is successfully completed; 16
(9)[(6)] "Registrant information" means information about a registrant, including: 17
(a) The registrant's: 18
1. Name, including any lawful name change together with any[the] 19
previous name;[,] 20
2. Social Security number;[,] 21
3. Age;[,] 22
4. Race;[,] 23
5. Sex;[,] 24
6. Date of birth;[,] 25
7. Height, weight, hair, and eye color;[,] 26
8. Fingerprints, palm prints, DNA sample, and a photograph;[,] 27
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9. Aliases used;[,] 1
10. Residence;[,] 2
11. Telephone numbers; 3
12. Email addresses; and 4
13. Motor vehicle operator's license number as well as any other 5
government-issued identification card numbers, if any;[,] 6
(b) A brief description of the crime or crimes committed;[, and] 7
(c) The name and address of any place where the registrant: 8
1. Is enrolled as a student; and 9
2. Is employed or, if the registrant is employed with no fixed place of 10
employment, other information describing where the registrant works; 11
(d) Copies of: 12
1. Each passport the registrant possesses; and 13
2. Any document establishing t he registrant's immigration status, 14
including immigration document type and number, if the sex offender 15
is an alien as defined in 8 U.S.C. sec. 1101(a)(3); 16
(e) For a vehicle, including watercraft, aircraft, and motor vehicles owned or 17
routinely operated by the registrant: 18
1. The license plate number or, if a vehicle has no license plate, the 19
registration number or other identifier; 20
2. A description of the vehicle, including the make, model, year 21
manufactured, and color; and 22
3. An address or other informatio n describing the location where the 23
vehicle is habitually parked, docked, or otherwise kept; 24
(f) Copies of any occupational or professional licenses that authorize the 25
registrant to engage in an occupation or carry out a trade or business; 26
(g) Designations used for self -identification or routing in internet 27
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communications or postings; and 1
(h) Other in formation the cabinet determines [,] by administrative regulation [,] 2
may be useful in the identification of registrants; 3
(10)[(7)] "Residence" means any place where a person sleeps. For the purposes of this 4
statute, a registrant may have more than one (1) r esidence. A registrant is required 5
to register each residence address; 6
(11)[(8)] "Sex crime" means: 7
(a) A felony offense defined in KRS Chapter 510, KRS 529.100 or 529.110 8
involving commercial sexual activity, 530.020, 530.064(1)(a), 531.125, 9
531.310, 531.320, 531.335, 531.340, 531.365, 531.366, 531.367, or 531.368. 10
(b) A felony attempt to commit a felony offense specified in paragraph (a) of this 11
subsection; or 12
(c) A federal felony offense, a felony offense subject to a court -martial of the 13
United States A rmed Forces, or a felony offense from another state or a 14
territory where the felony offense is similar to a felony offense specified in 15
paragraph (a) of this subsection; 16
(12)[(9)] "Sexual offender" means any person who has been convicted of, 17
pled[pleading] guilty to, or entered[entering] an Alford plea to a sex crime as 18
defined in this section, as of the date the verdict is entered by the court; 19
(13)[(10)] "Sexually violent predator" means any person who has been subjected to 20
involuntary civil commitment as a sexually violent predator, or a similar 21
designation, under a state, territory, or federal statutory scheme; and 22
(14)[(11) "The board" means the Sex Offender Risk Assessment Advisory Board 23
created under KRS 17.554; 24
(12)] "Victim" has the same meaning as in KRS 421.500[; 25
(13) "DNA sample" or "deoxyribonucleic acid sample" means a blood or swab specimen 26
from a person, as prescribed by administrative regulation, that is required to provide 27
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a DNA sample pursuant to KRS 17.170 or 17.510, that shall be submitte d to the 1
Department of Kentucky State Police forensic laboratory for law enforcement 2
identification purposes and inclusion in law enforcement identification databases; 3
and 4
(14) "Authorized personnel" means an agent of state government who is properly trained 5
in DNA sample collection pursuant to administrative regulation]. 6
Section 2. KRS 17.510 is amended to read as follows: 7
(1) The cabinet shall develop and implement a registration system for registrants which 8
includes creating a new computerized information file to be accessed through the 9
Law Information Network of Kentucky. 10
(2) A registrant shall, on or before the date of his o r her release by the court, the parole 11
board, the cabinet, or any detention facility, register with the appropriate local 12
probation and parole office in the county in which he or she intends to reside. The 13
person in charge of the release shall facilitate the registration process. 14
(3) (a) Any person required to register pursuant to subsection (2) of this section shall 15
be informed of the duty to register by: 16
1. The court at the time of sentencing if the court grants probation or 17
conditional discharge or does not impose a penalty of incarceration ;[,] 18
or 19
2. If incarcerated, by the official in charge of the place of confinement 20
upon release. 21
(b) The court and the official shall require the person to read and sign any form 22
that may be required by the cabinet [,] stating that the duty of the person to 23
register has been explained to the person. The court and the official in charge 24
of the place of confinement shall require the releasee to complete the 25
acknowledgment form and the court or the official shall retain the o riginal 26
completed form. The official shall then send the form to the Sex Offender 27
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Registry Section, Department of Kentucky State Police, Frankfort, Kentucky 1
40601. 2
(4) (a) The court or the official shall order the person to register with the appropriate 3
local probation and parole office which shall obtain the person's registrant 4
information[fingerprints, palm prints, DNA sample, photograph, and a copy 5
of his or her motor vehicle operator's license as well as any other government -6
issued identification cards, if any]. 7
(b) [Thereafter, ]The registrant shall return to the appropriate local probation and 8
parole office not less than one (1) time every two (2) years in order for a new 9
photograph to be obtained, and the registrant shall pay the cost of updating the 10
photo for registration purposes. Any registrant who has not provided palm 11
prints, a copy of his or her motor vehicle operator's license, or a copy of any 12
other government-issued identification cards, if any, as of July 14, 2018, shall 13
provide the informati on to the appropriate local probation and parole office 14
when the registrant appears for a new photograph to be obtained. Any change 15
to a registrant's information[motor vehicle operator's license number or any 16
other government-issued identification card] after the registrant appears for a 17
new photograph shall be registered in accordance with subsection (11) of this 18
section. Failure to comply with this requirement shall be punished as set forth 19
in subsection (12) of this section. 20
(5) (a) The appropriate proba tion and parole office shall send the registration form 21
containing the registrant information [, fingerprints, palm prints, photograph, 22
and a copy of his or her motor vehicle operator's license as well as any other 23
government-issued identification cards, if any,] and any special conditions 24
imposed by the court or the Parole Board, to the Sex Offender Registry 25
Section, Department of Kentucky State Police, Frankfort, Kentucky 40601 or 26
in electronic format on forms designated by the Department of Kentucky 27
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State Police. The appropriate probation and parole office shall send the DNA 1
sample to the Department of Kentucky State Police forensic laboratory in 2
accordance with administrative regulations promulgated by the cabinet. 3
(b) The Sex Offender Registry Section, u pon request by a state or local law 4
enforcement agency, shall make available to that agency registrant 5
information, including a person's fingerprints and photograph, where 6
available, as well as any special conditions imposed by the court or the Parole 7
Board. 8
(c) Any employee of the Justice and Public Safety Cabinet who disseminates, or 9
does not disseminate, registrant information in good-faith compliance with the 10
requirements of this subsection shall be immune from criminal and civil 11
liability for the dissemination or lack thereof. 12
(6) (a) Except as provided in paragraph (b) of this subsection, any person who has 13
been: 14
1. Convicted of a sex crime or criminal offense against a victim who is a 15
minor and has been notified of the duty to register by:[ in] 16
a. A court of any state or territory, a court of the United States, the 17
District of Columbia, or any federally recognized Indian tribe; [ 18
or] 19
b. A similar conviction from a court of competent jurisdiction in any 20
other country;[,] or 21
c. A court martial of the United States Armed Forces;[ of a sex crime 22
or criminal offense against a victim who is a minor and who has 23
been notified of the duty to register by that state, territory, or 24
court,] or[ who has been] 25
2. Committed as a sexually violent predator: 26
a. Under the laws of another state, laws of a territory, or federal laws, 27
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or 1
b. Has a similar commitment[conviction] from a court of competent 2
jurisdiction in any other country;[,] 3
shall comply with the registration requirement of this section, including the 4
requirements of s ubsection (4) of this section, and shall register with the 5
appropriate local probation and parole office in the county of residence within 6
three (3)[five (5)] working days of relocation. [No ]Additional notice of the 7
duty to register shall not be required of any official charged with a duty of 8
enforcing the laws of this Commonwealth. 9
(b) A[No] person shall not be required to register under this subsection for a 10
juvenile adjudication if such an adjudication in this Commonwealth would not 11
create a duty to register. This paragraph shall be retroactive. 12
(7) (a) 1. Except as provided in paragraph (b) of this subsection, if a person: 13
a. Is required to register under federal law or the laws of another state 14
or territory;[,] or[ if the person] 15
b. Has been convicted of an offense in a court of the United States, 16
the District of Columbia, or any federally recognized Indian 17
tribe, in a court m artial of the United States Armed Forces, or 18
under the laws of another state or territory that would require 19
registration if committed in this Commonwealth, 20
that person upon changing residence from the other state or territory of 21
the United States to the Commonwealth or upon entering the 22
Commonwealth for employment, to carry on a vocation, or as a student 23
shall comply with the registration requirement of this section, including 24
the requirements of subsection (4) of this section, and shall register 25
within three (3) [five (5)] working days with the appropriate local 26
probation and parole office in the county of residence, employment, 27
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vocation, or schooling. 1
2. A person required to register under federal law or the laws of another 2
state or territory shall be pre sumed to know of the duty to register in the 3
Commonwealth. As used in this subsection, "employment" or "carry on 4
a vocation" includes employment that is full -time or part -time for a 5
period exceeding fourteen (14) days or for an aggregate period of time 6
exceeding thirty (30) days during any calendar year, whether financially 7
compensated, volunteered, or for the purpose of government or 8
educational benefit. As used in this subsection, "student" means a person 9
who is enrolled on a full-time or part-time basis, in any public or private 10
educational institution, including any secondary school, trade or 11
professional institution, or institution of higher education. 12
(b) A[No] person shall not be required to register under this subsection for a 13
juvenile adjudication if such an adjudication in this Commonwealth would not 14
create a duty to register. This paragraph shall be retroactive. 15
(8) The registration form shall be a written or electronic statement signed , either 16
physically or digitally, by the person that[which] shall include registrant 17
information, including an up -to-date photograph of the registrant for public 18
dissemination. 19
(9) For purposes of KRS 17.500 to 17.580 and 17.991, a post office box number shall 20
not be considered an address. 21
(10) (a) If a registrant doe s not have an established and fixed residence of regular 22
return, he or she shall report in person no less than every thirty (30) days to 23
the local probation and parole office in the county in which he or she is 24
present and register the approximate area where he or she can be located. 25
(b) If the registrant changes his or her location, employer or employer address, or 26
school or school address to a new county, the person shall notify his or her 27
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current local probation and parole office of the new location on o r before the 1
date of the change of location. 2
(c) The registrant shall also report in person to the appropriate local probation and 3
parole office in the county of his or her new location , employer or employer 4
address, or school or school address no later than three (3)[five (5)] working 5
days after the date of the change of location. 6
(11) (a) If the residence , employer, or school address of any registrant changes [,] but 7
the registrant remains in the same county, the registrant[person] shall 8
register[,] on or before the date of the change of address [,] with the 9
appropriate local probation and parole office in the county in which he or she 10
resides. 11
(b) 1. If the registrant changes his or her residence , employer, or school to a 12
new county, the person shall notify his or her current local probation and 13
parole office of the new residence , employer, or school address on or 14
before the date of the change of address. 15
2. The registrant shall also register with the appropriate local probation and 16
parole office in the county of his or her new residence , employer, or 17
school no later than three (3)[five (5)] working days after the date of the 18
change of address. 19
(c) If a registrant's information changes, other than the registrant information 20
described in subsection (10)(b) and (c) of this section or paragraphs (a) and 21
(b) of this subsection,[the: 22
1. Motor vehicle operator's license number or any other government-issued 23
identification card number of any registrant changes; or 24
2. Registrant obtains for the first time a motor vehicle operator's license 25
number or any other government-issued identification card number; 26
] the registrant shall register the change or addition no later than three (3)[five 27
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(5)] working days after the date of the change or the date of the addition [,] 1
with the appropriate local probation and parole office in the county in which 2
he or she resides. 3
(d) 1. As soon as a probation and parole office learns of the person's new 4
address under paragraph (b)1. of this subsection, that probation and 5
parole office shall notify the appropriate local probation and parole 6
office in the county of the new address of the effective date of the new 7
address. 8
2. As soon as a probat ion and parole office learns of the person's new 9
address under paragraph (b)2. of this subsection, that office shall 10
forward this information as set forth under subsection (5) of this section. 11
(e) 1. A registrant shall register the following information with the appropriate 12
local probation and parole office no less than twenty -one (21) days 13
before traveling outside of the United States: 14
a. [His or her passport number and country of issue; 15
b. ]The dates of departure, travel, and return; and 16
b.[c.] The foreign countries, colonies, territories, or possessions that the 17
registrant will visit. 18
2. The registrant shall register the following information with the 19
appropriate local probation and parole office no later than three (3)[five 20
(5)] working days after the da te of his or her return from traveling 21
outside of the United States: 22
a. The date he or she departed, traveled, and returned; and 23
b. The foreign countries, colonies, territories, or possessions that the 24
registrant visited. 25
(12) Any person required to regist er under this section who knowingly violates any of 26
the provisions of this section or prior law is guilty of a Class D felony for the first 27
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offense and a Class C felony for each subsequent offense. 1
(13) Any person required to register under this section or prior law who knowingly 2
provides false, misleading, or incomplete information is guilty of a Class D felony 3
for the first offense and a Class C felony for each subsequent offense. 4
(14) (a) [The cabinet shall] Any person required to register under this sect ion shall 5
verify his or her registrant information at least once every: [ the addresses, 6
names, motor vehicle operator's license numbers, and government -issued 7
identification card numbers of individuals required to register under this 8
section. Verification shall occur at least once every] 9
1. Ninety (90) days for a person required to register under KRS 10
17.520(2);[, at least once every ] 11
2. Calendar year for a person required to register under KRS 17.520(3) ;[,] 12
and[ at least once every] 13
3. Thirty (30) days for a person who does not have an established and fixed 14
residence of regular return. 15
(b) If the cabinet determines that a person has: 16
1. Moved without providing his or her new address; 17
2. Failed to notify the local probation and parole office of his or her 18
presence in a new county without an established and fixed residence of 19
regular return; or 20
3. Other registrant information [A new name, motor vehicle operator's 21
license number, or government -issued identification card number] that 22
he or she has not provided; 23
to the appropriate local probation and parole office or offices as required 24
under subsection (11)(a), (b), and (c) of this section, the cabinet shall notify 25
the appropriate local probation and parole office of the newly discovered 26
information[new address, name, motor vehicle operator's license number, or 27
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government-issued identification card number] used by the person. The office 1
shall then forward this information as set forth under subsection (5) of this 2
section. The cabinet shall attempt to notify the re gistrant and also notify the 3
appropriate court, Parole Board, and appropriate Commonwealth's attorney, 4
sheriff's office, probation and parole office, corrections agency, and law 5
enforcement agency responsible for the investigation of the report of 6
noncompliance. 7
(c) An agency that receives notice of the noncompliance from the cabinet under 8
paragraph (a) of this subsection: 9
1. Shall consider revocation of the parole, probation, postincarceration 10
supervision, or conditional discharge of any person released un der its 11
authority; and 12
2. Shall notify the appropriate county or Commonwealth's Attorney for 13
prosecution. 14
(15) The cabinet may promulgate administrative regulations in accordance with KRS 15
Chapter 13A to implement this section. 16
(16) The provisions of subsec tions (10) and (14) of this section relating to registrants 17
who do not have an established and fixed residence of regular return shall apply to 18
any person required to register on or after January 1, 2024. 19
Section 3. KRS 17.520 is amended to read as follows: 20
(1) A registrant, upon his or her release by the court, the Parole Board, the cabinet, or 21
any detention facility, shall be required to register for a period of time required 22
under this section. 23
(2) (a) Lifetime registration is required for: 24
1. Any person who has been convicted of kidnapping, as set forth in KRS 25
509.040, when the victim is under the age of eighteen (18) at the time of 26
the commission of the offense, except when the offense is committed by 27
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a parent; 1
2. Any person who has been convicted of unlawful imprisonment, as set 2
forth in KRS 509.020, when the victim is under the age of eighteen (18) 3
at the time of the commission of the offense, except when the offense is 4
committed by a parent; 5
3. Any person convicted of a sex crime: 6
a. Who has one (1) or more prior convictions of a felony criminal 7
offense against a victim who is a minor; or 8
b. Who has one (1) or more prior sex crime convictions; 9
4. Any person who has been convicted of two (2) or more felony criminal 10
offenses against a victim who is a minor; 11
5. Any person who has been convicted of: 12
a. Any degree of rape under KRS Chapter 510 [Rape in the first 13
degree under KRS 510.040];[ or] 14
b. Any degree of sodomy under KRS Chapter 510 [Sodomy in the 15
first degree under KRS 510.070]; 16
c. Incest under KRS 530.020(2)(b) or (c); 17
d. Sexual abuse in the first degree under KRS 510.110(1)(b)2.; or 18
e. Any criminal attempt, conspiracy, or solicitation to commit any 19
of the offenses described in subdivisions a. to d. of this 20
subparagraph; and 21
6. Any sexually violent predator. 22
(3) All other registrants are required to register for twenty-five (25)[twenty (20)] years 23
following discharge from confinement or twenty-five (25) [twenty (20)] years 24
following the maximum discharge date on probati on, shock probation, conditional 25
discharge, parole, or other form of early release, whichever period is greater. 26
(4) If a person required to register under this section is reincarcerated for another 27
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offense or as the result of having violated the terms of probation, parole, 1
postincarceration supervision, or conditional discharge, the registration 2
requirements and the remaining period of time for which the registrant shall register 3
are tolled during the reincarceration. 4
(5) A person who has pled guilty, ente red an Alford plea, or been convicted in a court 5
of another state or territory, in a court of the United States, the District of 6
Columbia, or any federally recognized Indian tribe, or in a court -martial of the 7
United States Armed Forces who is required to register in Kentucky shall be subject 8
to registration in Kentucky based on the conviction in the foreign jurisdiction. The 9
[Justice and Public Safety ] cabinet shall promulgate administrative regulations in 10
accordance with KRS Chapter 13A to carry out the provisions of this subsection. 11
(6) The court shall designate the registration period as mandated by this section in its 12
judgment and shall cause a copy of its judgment to be mailed to the Information 13
Services Center, Department of Kentucky State Police, Frankfort, Kentucky 40601. 14
(7) If the court fails to designate the registration period as mandated by this section, 15
or the registrant has been: 16
(a) Convicted of a sex crime or criminal offense against a victim who is a minor 17
and has been notified of the duty to register by: 18
1. A court of any state or territory, a court of the United States, the 19
District of Columbia, or any federally recognized Indian tribe; 20
2. A similar conviction from a court of competent jurisdiction in any 21
other country; or 22
3. A court martial of the United States Armed Forces; or 23
(b) Committed as a sexually violent predator: 24
1. Under the laws of another state, laws of a territory, or federal laws; or 25
2. Has a similar commitment from a court of competent jurisdiction in 26
any other country; 27
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the Department of Kentucky State Pol ice shall determine the registration period 1
as mandated by this section. 2
Section 4. KRS 17.580 is amended to read as follows: 3
(1) The Department of Kentucky State Police shall establish a website[Web site] 4
available to the public. The website[Web site] shall display: 5
(a) The registrant information, except for: 6
1. Information that identifies a victim;[,] 7
2. DNA samples, fingerprints, and palm prints;[,] 8
3. Social Security numbers;[,] 9
4. Motor vehicle operator's license numbers;[,] 10
5. The name and address of the registrant's school or employer; 11
6. Copies of passports or documents establishing the registrant's 12
immigration status; 13
7. Copies of any occupational or professional licenses that a uthorize the 14
registrant to engage in an occupation or carry out a trade or business; 15
8. Designations used for self -identification or routing in internet 16
communications or postings; and 17
9. Government-issued identification card numbers obtained by the 18
Information Services Center, Department of Kentucky State Police, 19
under KRS 17.510; 20
(b) The sex offender information, except for information that identifies a victim, 21
DNA samples, Social Security numbers, and vehicle registration data, 22
obtained by the Informatio n Services Center, Department of Kentucky State 23
Police, under KRS 17.510 prior to April 11, 2000; and 24
(c) The registrant's conviction, the elements of the offense for which the 25
registrant was convicted, whether the registrant is currently on probation or 26
parole, and whether the registrant is compliant or noncompliant. 27
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The website[Web site] shall be updated every day except for Saturdays, Sundays, 1
and state holidays. 2
(2) The information pertaining to an individual shall be maintained on the website[Web 3
site] so long as that individual is registered in accordance with KRS 17.500 to 4
17.580. 5
(3) The following language shall be prominently displayed on the website[Web site]: 6
"UNDER KRS 525.070 AND 525.080, USE OF INFORMATION OBTAINED 7
FROM THIS WEB SITE TO HARASS A PERSON IDENTIFIED ON THIS WEB 8
SITE IS A CRIMINAL OFFENSE PUNISHABLE BY UP TO NINETY (90) 9
DAYS IN THE COUNTY JAIL. MORE SEVERE CRIMINAL PENALTIES 10
APPLY FOR MORE SEV ERE CRIMES COMMITTED AGAINST A PERSON 11
IDENTIFIED ON THIS WEBSITE[WEB SITE]." 12
(4) (a) Any Department of Kentucky State Police employee who disseminates, or 13
does not disseminate, registrant information or sex offender information in 14
good-faith compliance wit h the requirements of this section shall be immune 15
from criminal and civil liability for the dissemination or lack thereof. 16
(b) Any person, including an employee of a sheriff's office, acting in good faith in 17
disseminating, or not disseminating, informatio n previously disseminated by 18
the Department of Kentucky State Police shall be immune from criminal and 19
civil liability for the dissemination or lack thereof. 20
(5) On or before July 1, 2027, the website established under this section shall display, 21
in addition to the information required under subsection (1) of this section: 22
(a) The name and address of any place where a registrant is employed or, if the 23
registrant is employed with no fixed place of employment, other information 24
describing where the registrant works; and 25
(b) For a vehicle including watercraft, aircraft, and motor vehicles owned or 26
routinely operated by the registrant: 27
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1. The license plate number or, if a vehicle has no license plate, the 1
registration number or other identifier; 2
2. A description of the vehicle, including the make, model, year 3
manufactured, and color; and 4
3. An address or other information describing the location where the 5
vehicle is habitually parked, docked, or otherwise kept [The cabinet 6
shall establish a toll -free telephone num ber for a person to call to learn 7
the identity of the Web site created in this section and the location of 8
public access to the Web site in the county where the person resides]. 9
(6) In addition to the website[Web site,] a local law enforcement agency may p rovide 10
personal notification regarding the registrants located in its jurisdiction. Any 11
notification shall contain the warning specified in subsection (3) of this section. 12
Section 5. KRS 17.165 is amended to read as follows: 13
(1) As used in this section:[,] 14
(a) "Criminal offense against a victim who is minor" means a conviction of or 15
a plea of guilty to a criminal offense against a victim who is a minor as 16
specified in Section 1 of this Act; 17
(b) "Sex crime" means a convic tion or a plea of guilty to a sex crime specified in 18
KRS 17.500; and[.] 19
(c)[(2)] [As used in this section, "Violent offender" means any person who has 20
been convicted of or pled guilty to the commission of a capital offense, Class 21
A felony, or Class B felon y involving the death of the victim, or rape in the 22
first degree or sodomy in the first degree of the victim or serious physical 23
injury to a victim. 24
(3) As used in this section, ] "Violent crime" shall mean a conviction of or a plea of 25
guilty to the commiss ion of a capital offense, Class A felony, or Class B felony 26
involving the death of the victim, or rape in the first degree or sodomy in the first 27
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degree of the victim or serious physical injury to a victim.[ 1
(4) As used in this section, "criminal offense a gainst a victim who is a minor" means a 2
conviction of or a plea of guilty to a criminal offense against a victim who is a 3
minor as specified in KRS 17.500(3).] 4
(2)[(5)] (a) Excluding a child care staff member pursuant to KRS 199.8965, the 5
provisions of thi s section shall apply to all applicants for initial employment 6
in a position which involves care and supervision of a minor as a child -7
serving professional on or after March 27, 2017. 8
(b) Each employer of an applicant for initial employment in a position w hich 9
involves care and supervision of a minor as a child -serving professional shall 10
request all conviction information for the applicant for employment from the 11
Justice and Public Safety Cabinet or the Administrative Office of the Courts 12
prior to employing the applicant. 13
(c) This subsection shall not be construed to apply to an employer of a minor. 14
(3)[(6)] An[No] employee in a position which involves care and supervision of a 15
minor as a child -serving professional pursuant to subsection (2)[(5)] of this section 16
shall not have been convicted of a violent crime, a criminal offense against a victim 17
who is a minor, or a sex crime, or have been found by the Cabinet for Health and 18
Family Services or a court to have abused or neglected a child. 19
(4)[(7)] Each application form, provided by the employer to the applicant, shall 20
conspicuously state the following: "FOR THIS TYPE OF EMPLOYMENT, 21
STATE LAW REQUIRES A CRIMINAL RECORD CHECK AS A CONDITION 22
OF EMPLOYMENT." 23
(5)[(8)] Any request for records under subsection (2)[(5)] of this section shall be on a 24
form approved by the Justice and Public Safety Cabinet or the Administrative 25
Office of the Courts, and the cabinet may charge a fee to be paid by the applicant in 26
an amount no greater than the actual cost of processing the request. 27
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Section 6. KRS 160.151 is amended to read as follows: 1
(1) (a) 1. A private, parochial, or church school that has voluntarily been certified 2
by the Kentucky Board of Education in accordance with KRS 3
156.160(2) may require a national and state criminal background check 4
and require a clear CA/N check, as defined in KRS 160 .380, on all new 5
certified hires in the school and student teachers assigned to the school 6
and may require a new national and state criminal background check 7
and require a clear CA/N check on each certified teacher once every five 8
(5) years of employment. 9
2. Certified individuals who were employed in another certified position in 10
a Kentucky school within six (6) months of the date of the hire and who 11
had previously submitted to a national and state criminal background 12
check and were required to have a clear CA/N check for previous 13
employment may be excluded from the initial national or state criminal 14
background checks. 15
(b) The national criminal history background check shall be conducted by the 16
Federal Bureau of Investigation. The state criminal history back ground check 17
shall be conducted by the Department of Kentucky State Police or the 18
Administrative Office of the Courts. 19
(c) All fingerprints requested under this section shall be on an applicant 20
fingerprint card provided by the Department of Kentucky State Police. The 21
fingerprint cards shall be forwarded to the Federal Bureau of Investigation by 22
the Department of Kentucky State Police after a state criminal background 23
check has been conducted. Any fee charged by the Department of Kentucky 24
State Police, the Administrative Office of the Courts, or the Federal Bureau of 25
Investigation shall be an amount no greater than the actual cost of processing 26
the request and conducting the search. 27
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(2) (a) If a school requires a criminal background check or requires a clear CA/N 1
check for a new hire, the school shall conspicuously include the following 2
disclosure statement on each application or renewal form provided by the 3
employer to an applicant for a certified position: "STATE LAW 4
AUTHORIZES THIS SCHOOL TO REQUIRE A CRIMI NAL HISTORY 5
BACKGROUND CHECK AND A LETTER FROM THE CABINET FOR 6
HEALTH AND FAMILY SERVICES STATING THE APPLICANT IS 7
CLEAR TO HIRE BASED ON NO FINDINGS OF SUBSTANTIATED 8
CHILD ABUSE OR NEGLECT FOUND THROUGH A BACKGROUND 9
CHECK OF CHILD ABUSE AND NEGLECT RECORD S AS A 10
CONDITION OF EMPLOYMENT FOR THIS TYPE OF POSITION." 11
(b) The school or school board may require an adult who is permitted access to 12
school grounds on a regularly scheduled and continuing basis pursuant to a 13
written agreement for the purpose of provid ing services directly to a student 14
or students as part of a school-sponsored program or activity, a volunteer, or a 15
visitor to submit to a national criminal history check by the Federal Bureau of 16
Investigation and state criminal history background check by the Department 17
of Kentucky State Police or Administrative Office of the Courts and require a 18
clear CA/N check. 19
(c) Any request for records from the Department of Kentucky State Police under 20
this section shall be on an applicant fingerprint card provided b y the 21
Department of Kentucky State Police if required. The results of the state 22
criminal background check and the results of the national criminal history 23
background check, if requested, shall be sent to the hiring superintendent. If a 24
background check of child abuse and neglect records is requested, the person 25
seeking employment shall provide to the hiring superintendent a clear CA/N 26
check. 27
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(d) Any fee charged by the Department of Kentucky State Police shall be an 1
amount no greater than the actual cost of processing the request and 2
conducting the search. 3
(3) (a) A nonpublic school voluntarily implementing the provisions of this chapter 4
may choose not to employ any person who[ is a violent offender as defined by 5
KRS 17.165(2),] has been convicted of a sex cr ime which is classified as a 6
felony as defined by KRS 17.165 [(1),] or has committed a violent crime as 7
defined in KRS 17.165 [(3)] or persons with a substantiated finding of child 8
abuse or neglect in records maintained by the Cabinet for Health and Family 9
Services. A nonpublic school may employ, at its discretion, persons convicted 10
of sex crimes classified as a misdemeanor. 11
(b) If a school term has begun and a certified position remains unfilled or if a 12
vacancy occurs during a school term, a nonpublic school implementing this 13
chapter may employ an individual who will have supervisory or disciplinary 14
authority over minors on probationary status pending receipt of a criminal 15
history background check or the receipt of a clear CA/N check, provided by 16
the individual. 17
(c) Employment at a nonpublic school implementing this chapter may be 18
contingent on the receipt of a criminal history background check documenting 19
a record[ as a violent offender,] of a sex crime [,] or[ of] a violent crime as 20
defined in KRS 17.165 or t he receipt of a clear CA/N check, provided by the 21
individual. 22
(d) Nonpublic schools implementing this chapter may terminate probationary 23
employment under this section upon receipt of a criminal history background 24
check documenting a record[ as a violent of fender,] of a sex crime[,] or[ of] a 25
violent crime as defined in KRS 17.165 or the receipt of a clear CA/N check. 26
(4) The form for requesting a clear CA/N check shall be made available on the Cabinet 27
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for Health and Family Services website. 1
Section 7. KRS 160.380 is amended to read as follows: 2
(1) As used in this section: 3
(a) "Administrative finding of child abuse or neglect" means a substantiated 4
finding of child abuse or neglect issued by the Cabinet for Health and Famil y 5
Services that is: 6
1. Not appealed through an administrative hearing conducted in 7
accordance with KRS Chapter 13B; 8
2. Upheld at an administrative hearing conducted in accordance with KRS 9
Chapter 13B and not appealed to a Circuit Court; or 10
3. Upheld by a C ircuit Court in an appeal of the results of an 11
administrative hearing conducted in accordance with KRS Chapter 13B; 12
(b) "Alternative education program" means a program that exists to meet the 13
needs of students that cannot be addressed in a traditional clas sroom setting 14
but through the assignment of students to alternative classrooms, centers, or 15
campuses that are designed to remediate academic performance, improve 16
behavior, or provide an enhanced learning experience. Alternative education 17
programs do not include career or technical centers or departments; 18
(c) "Clear CA/N check" means a letter from the Cabinet for Health and Family 19
Services indicating that there are no administrative findings of child abuse or 20
neglect relating to a specific individual; 21
(d) "Relative" means father, mother, brother, sister, husband, wife, son and 22
daughter; and 23
(e) "Vacancy" means any certified position opening created by the resignation, 24
dismissal, nonrenewal of contract, transfer, or death of a certified staff 25
member of a local school district, or a new position created in a local school 26
district for which certification is required. However, if an employer -employee 27
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bargained contract contains procedures for filling certified position openings 1
created by the resignation, dismissa l, nonrenewal of contract, transfer, or 2
death of a certified staff member, or creation of a new position for which 3
certification is required, a vacancy shall not exist, unless certified positions 4
remain open after compliance with those procedures. 5
(2) Except as provided in KRS 160.346, the school district personnel actions identified 6
in this section shall be carried out as follows: 7
(a) All appointments, promotions, and transfers of principals, supervisors, 8
teachers, and other public school employees shall b e made only by the 9
superintendent of schools, who shall notify the board of the action taken. All 10
employees of the local district shall have the qualifications prescribed by law 11
and by the administrative regulations of the Kentucky Board of Education and 12
of the employing board. Supervisors, principals, teachers, and other 13
employees may be appointed by the superintendent for any school year at any 14
time after February 1 preceding the beginning of the school year. No 15
superintendent of schools shall appoint or transfer himself or herself to 16
another position within the school district; 17
(b) When a vacancy occurs in a local school district, the superintendent shall 18
submit the job posting to the statewide job posting system described in KRS 19
160.152 fifteen (15) days before the position shall be filled. The local school 20
district shall post posit ion openings in the local board office for public 21
viewing; 22
(c) When a vacancy needs to be filled in less than fifteen (15) days' time to 23
prevent disruption of necessary instructional or support services of the school 24
district, the superintendent may seek a waiver from the chief state school 25
officer outside of the process established in KRS 156.161. If the waiver is 26
approved, the appointment shall not be made until the person recommended 27
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for the position has been approved by the chief state school officer. T he chief 1
state school officer shall respond to a district's request for waiver or for 2
approval of an appointment within two (2) working days; and 3
(d) When a vacancy occurs in a local district, the superintendent shall conduct a 4
search to locate minority te achers to be considered for the position. The 5
superintendent shall, pursuant to administrative regulations of the Kentucky 6
Board of Education, report annually the district's recruitment process and the 7
activities used to increase the percentage of minority teachers in the district. 8
(3) Restrictions on employment of relatives shall be as follows: 9
(a) No relative of a superintendent of schools shall be an employee of the school 10
district. However, this shall not apply to a relative who is a classified or 11
certified employee of the school district for at least thirty -six (36) months 12
prior to the superintendent assuming office and who is qualified for the 13
position the employee holds. A superintendent's spouse who has previously 14
been employed in a school system may be an employee of the school district. 15
A superintendent's spouse who is employed under this provision shall not hold 16
a position in which the spouse supervises certified or classified employees. A 17
superintendent's spouse may supervise teacher aides and stu dent teachers. 18
However, the superintendent shall not promote a relative who continues 19
employment under an exception of this subsection; 20
(b) No superintendent shall employ a relative of a school board member of the 21
district; 22
(c) No principal's relative shall be employed in the principal's school; and 23
(d) A relative that is ineligible for employment under paragraph (a), (b), or (c) of 24
this subsection may be employed as a substitute for a certified or classified 25
employee if the relative is not: 26
1. A regular full-time or part-time employee of the district; 27
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2. Accruing continuing contract status or any other right to continuous 1
employment; 2
3. Receiving fringe benefits other than those provided other substitutes; or 3
4. Receiving preference in employment or assignm ent over other 4
substitutes. 5
(4) No superintendent shall assign a certified or classified staff person to an alternative 6
education program as part of any disciplinary action taken pursuant to KRS 161.011 7
or 161.790 as part of a corrective action plan establ ished pursuant to the local 8
district evaluation plan. 9
(5) No superintendent shall employ in any position in the district any person who: 10
(a) Has been convicted of an offense that would classify a person as a violent 11
offender under KRS 439.3401; 12
(b) Has bee n convicted of a sex crime as defined by KRS 17.500 or a 13
misdemeanor offense under KRS Chapter 510; 14
(c) Is required to register as a sex offender under KRS 17.500 to 17.580; or 15
(d) Has an administrative finding of child abuse or neglect in records maintain ed 16
by the Cabinet for Health and Family Services. 17
(6) Requirements for background checks shall be as follows: 18
(a) A superintendent shall require the following individuals to submit to a 19
national and state criminal background check by the Department of Kent ucky 20
State Police and the Federal Bureau of Investigation and have a clear CA/N 21
check, provided by the individual: 22
1. Each new certified or classified hire; 23
2. A nonfaculty coach or nonfaculty assistant as defined under KRS 24
161.185; 25
3. A student teacher; 26
4. A school-based decision making council parent member; and 27
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5. Any adult who is permitted access to school grounds on a regularly 1
scheduled and continuing basis pursuant to a written agreement for the 2
purpose of providing services directly to a student or students as part of 3
a school-sponsored program or activity; 4
(b) 1. The requirements of paragraph (a) of this subsection shall not apply to: 5
a. Classified and certified individuals employed by the school district 6
prior to June 27, 2019; 7
b. Certified individuals who were employed in another certified 8
position in a Kentucky school district within six (6) months of the 9
date of hire and who had previo usly submitted to a national and 10
state criminal background check and who have a clear CA/N check 11
for the previous employment; or 12
c. Student teachers who have submitted to and provide a copy of a 13
national and state criminal background check by the Departmen t 14
of Kentucky State Police and the Federal Bureau of Investigation 15
through an accredited teacher education institution in which the 16
student teacher is enrolled and who have a clear CA/N check. 17
2. The Education Professional Standards Board may promulgate 18
administrative regulations to impose additional qualifications to meet 19
the requirements of Pub. L. No. 92-544; 20
(c) A parent member may serve prior to the receipt of the criminal history 21
background check and CA/N letter required by paragraph (a) of this 22
subsection but shall be removed from the council on receipt by the school 23
district of a report documenting a record of abuse or neglect, or a sex crime or 24
criminal offense against a victim who is a minor as defined in KRS 17.500, or 25
as a violent crime[offender] as defined in KRS 17.165, and no further 26
procedures shall be required; 27
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(d) A superintendent may require a volunteer or a visitor to submit to a national 1
and state criminal history background check by the Department of Kentucky 2
State Police and the Federal Bureau of Investigation and have a clear CA/N 3
check, provided by the individual; and 4
(e) The superintendent of a school district operating under an alternative 5
transportation plan approved by the Kentucky Department of Education in 6
accordance with KRS 156 .153(3) shall require the driver of any non -school 7
bus passenger vehicle authorized to transport students to and from school 8
pursuant to the alternative transportation plan who does not have a valid 9
commercial driver's license issued in accordance with KRS Chapter 281A 10
with an "S" endorsement to: 11
1. Submit to a national and state criminal background check by the 12
Department of Kentucky State Police and the Federal Bureau of 13
Investigation at least once every three (3) years and a criminal records 14
check conducted in accordance with KRS 27A.090 in all other years; 15
2. Submit to drug testing consistent with the requirements of 49 C.F.R. pt. 16
40; 17
3. Provide a biannual driving history record check performed by the 18
Transportation Cabinet; 19
4. Provide an annual clear CA/N check; 20
5. Immediately notify the superintendent of any conviction for a violation 21
under KRS Chapter 189 for which penalty points are assessed; and 22
6. Immediately notify the superintendent of any citation or arrest for a 23
violation of any provision of KRS Chapter 189A. The superintendent 24
shall inform the Kentucky Department of Education of the notification. 25
(7) (a) If a certified or classified position remains unfilled after July 31 or if a 26
vacancy occurs during a school term, a superintendent may employ a n 27
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individual, who will have supervisory or disciplinary authority over minors, 1
on probationary status pending receipt of the criminal history background 2
check and a clear CA/N check, provided by the individual. Application for the 3
criminal record and a req uest for a clear CA/N check of a probationary 4
employee shall be made no later than the date probationary employment 5
begins. 6
(b) Employment shall be contingent on the receipt of the criminal history 7
background check documenting that the probationary employe e has no record 8
of a sex crime or[nor as] a violent crime[offender] as defined in KRS 17.165 9
and receipt of a letter, provided by the individual, from the Cabinet for Health 10
and Family Services stating the employee is clear to hire based on no 11
administrative findings of child abuse or neglect found through a background 12
check of child abuse and neglect records maintained by the Cabinet for Health 13
and Family Services. 14
(c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, 15
probationary employment under this section shall terminate on receipt by the 16
school district of a criminal history background check documenting a record 17
of a sex crime or[ as] a violent crime[offender] as defined in KRS 17.165 and 18
no further procedures shall be required. 19
(8) The provisions of KRS 161.790 shall apply to terminate employment of a certified 20
employee on the basis of a criminal record other than a record of a sex crime or [ as] 21
a violent crime[offender] as defined in KRS 17.165, or on the basis of a CA/N 22
check showing an administrative finding of child abuse or neglect. 23
(9) (a) All fingerprints requested under this section shall be on an applicant 24
fingerprint card provided by the Department of Kentucky State Police. The 25
fingerprint cards shall be forwarded to the Federal Bureau of Investigation 26
from the Department of Kentucky State Police after a state criminal 27
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background check is conducted. The results of the state and federal criminal 1
background check shall be sent to the hiring superintendent. Any fee charged 2
by the Department of Kentucky State Police, the Federal Bureau of 3
Investigation, and the Cabinet for Health and Family Services shall be an 4
amount no greater than the actual cost of proc essing the request and 5
conducting the search. 6
(b) Each application form, provided by the employer to an applicant for a 7
certified or classified position, shall conspicuously state the following: "FOR 8
THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL 9
AND STATE CRIMINAL HISTORY BACKGROUND CHECK AND A 10
LETTER, PROVIDED BY THE INDIVIDUAL, FROM THE CABINET 11
FOR HEALTH AND FAMILY SERVICES STATING THE APPLICANT 12
HAS NO ADMINISTRATIVE FINDINGS OF CHILD ABUSE OR 13
NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD 14
ABUSE AND NEGLECT RECORDS MAINTAINED BY THE CABINET 15
FOR HEALTH AND FAMILY SERVICES." 16
(c) Each application form for a district position shall require the applicant to: 17
1. Identify the states in which he or she has maintained residency, 18
including the dates of residency; and 19
2. Provide picture identification. 20
(10) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, 21
when an employee of the school district is charged with any offense which is 22
classified as a felony, the superintendent m ay transfer the employee to a second 23
position until such time as the employee is found not guilty, the charges are 24
dismissed, the employee is terminated, or the superintendent determines that further 25
personnel action is not required. The employee shall continue to be paid at the same 26
rate of pay he or she received prior to the transfer. If an employee is charged with 27
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an offense outside of the Commonwealth, this provision may also be applied if the 1
charge would have been treated as a felony if committed with in the 2
Commonwealth. Transfers shall be made to prevent disruption of the educational 3
process and district operations and in the interest of students and staff and shall not 4
be construed as evidence of misconduct. 5
(11) Notwithstanding any law to the contra ry, each certified and classified employee of 6
the school district shall notify the superintendent if he or she has been found by the 7
Cabinet for Health and Family Services to have abused or neglected a child, and if 8
he or she has waived the right to appeal a substantiated finding of child abuse or 9
neglect or if the substantiated incident was upheld upon appeal. Any failure to 10
report this finding shall result in the certified or classified employee being subject 11
to dismissal or termination. 12
(12) The form for requesting a CA/N check shall be made available on the Cabinet for 13
Health and Family Services website. 14
Section 8. KRS 161.185 is amended to read as follows: 15
(1) Except as provided in subsection (2), boards of education shall require a certified or 16
classified staff member who is at least twenty -one (21) years of age to accompany 17
students on all school -sponsored or school -endorsed trips. Local boards of 18
education may adopt a policy that specifies the job classi fications of staff members 19
who may accompany students on trips under this section. 20
(2) Boards of education may permit a nonfaculty coach or nonfaculty assistant, as 21
defined by administrative regulation promulgated by the Kentucky Board of 22
Education under K RS 156.070(2), to accompany students on all school -sponsored 23
or school-endorsed athletic trips. A nonfaculty coach or nonfaculty assistant shall 24
be at least twenty -one (21) years of age, shall not be [ a violent offender or] 25
convicted of a sex crime or viol ent crime as defined by KRS 17.165 which is 26
classified as a felony, and shall submit to a criminal record check under KRS 27
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160.380. 1
(3) Prior to assuming his or her duties, a nonfaculty coach or nonfaculty assistant shall 2
successfully complete training prov ided by the local school district. The training 3
shall include, but not be limited to, information on the physical and emotional 4
development of students of the age with whom the nonfaculty coach and nonfaculty 5
assistant will be working, the district's and s chool's discipline policies, procedures 6
for dealing with discipline problems, and safety and first aid training. Follow -up 7
training shall be provided annually. 8