AN ACT relating to the Justice and Public Safety Cabinet.

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AN ACT relating to the Justice and Public Safety Cabinet. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 15A.020 is amended to read as follows: 3
(1) The Justice and Public Safety Cabinet shall have the following departments: 4
(a) Department of Corrections; 5
(b) Department of Criminal Justice Training, which shall have the following 6
divisions: 7
1. Training Operations Division; and 8
2. Administrative Division; 9
(c) Department of Juvenile Justice, which shall have the following offices and 10
divisions: 11
1. [Office of Program Operations, which shall have the following 12
divisions: 13
a. Division of Western Region; 14
b. Division of Eastern Region; and 15
c. Division of Placement Services; 16
2. ]Office of Support Services, which shall have the following divisions: 17
a. Division of Administrative Services; 18
b. [Division of Program Services; and 19
c. ]Division of Professional Development; 20
c. Division of Placement Services; 21
d. Division of Education; and 22
e. Division of Health Services[ 23
3. Office of Community and Mental Health Servic es, which shall have the 24
following division: 25
a. Division of Community and Mental Health Services]; 26
2.[4.] Office of Detention, which shall require that all detention centers report 27
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to one (1) supervisor who reports directly to the commissioner, and 1
which shall have the following division: 2
a. Division of Transportation;[ and] 3
3. Office of Rehabilitation and Reentry Services, which shall have the 4
following divisions: 5
a. Division of Youth Development Centers; 6
b. Division of Group Homes; 7
c. Division of Community Services; and 8
d. Division of Reentry; and 9
4.[5.] Division of Compliance; 10
(d) Department of Kentucky State Police, which shall have the following offices 11
and divisions: 12
1. Office of Administrative Services, which shall be headed by an 13
executive director w ho shall be appointed by the commissioner of the 14
Department of Kentucky State Police and who shall report to the 15
commissioner; 16
a. Division of Operational Support, which shall be headed by a 17
director who shall be appointed by the commissioner of the 18
Department of Kentucky State Police and who shall report to the 19
executive director of the Office of Administrative Services; and 20
b. Division of Management Services, which shall be headed by a 21
director who shall be appointed by the commissioner of the 22
Department of Kentucky State Police and who shall report to the 23
executive director of the Office of Administrative Services; 24
2. Office of Operations, which shall be headed by an executive director 25
who shall be appointed by the commissioner of the Department of 26
Kentucky State Police and who shall report to the commissioner; 27
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a. Division of West Troops, which shall be headed by a director who 1
shall be appointed by the commissioner of the Department of 2
Kentucky State Police and who shall report to the executive 3
director of the Office of Operations; 4
b. Division of East Troops, which shall be headed by a director who 5
shall be appointed by the comm issioner of the Department of 6
Kentucky State Police and who shall report to the executive 7
director of the Office of Operations; 8
c. Division of Special Enforcement, which shall be headed by a 9
director who shall be appointed by the commissioner of the 10
Department of Kentucky State Police and who shall report to the 11
executive director of the Office of Operations; and 12
d. Division of Commercial Vehicle Enforcement, which shall be 13
headed by a director who shall be appointed by the commissioner 14
of the Department of Kentucky State Police and who shall report 15
to the executive director of the Office of Operations; and 16
3. Office of Technical Services, which shall be headed by an executive 17
director who shall be appointed by the commissioner of the Department 18
of Kentucky State Police and who shall report to the commissioner; 19
a. Division of Forensic Services, which shall be headed by a director 20
who shall have a minimum of a bachelor's degree in a natural 21
science and at least seven (7) years of experience in an accredited 22
forensic laboratory, who shall be appointed by the commissioner 23
of the Department of Kentucky State Police, and who shall report 24
to the executive director of the Office of Technical Services; 25
b. Division of Electronic Services, which shall be headed by a 26
director who shall be appointed by the commissioner of the 27
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Department of Kentucky State Police and who shall report to the 1
executive director of the Office of Technical Services; and 2
c. Division of Records Management, which shall be headed by a 3
director who s hall be appointed by the commissioner of the 4
Department of Kentucky State Police and who shall report to the 5
executive director of the Office of Technical Services; and 6
(e) Department of Public Advocacy, which shall have the following divisions: 7
1. Protection and Advocacy Division; 8
2. Division of Law Operations; 9
3. Division of Trial Services; 10
4. Division of Post-Trial Services; 11
5. Division of Conflict and Contract Services; and 12
6. Division of Education, Strategic Planning, and Recruitment. 13
(2) Each department, except for the Department of Public Advocacy, shall be headed 14
by a commissioner who shall be appointed by the secretary of the Justice and Public 15
Safety Cabinet with the approval of the Governor as required by KRS 12.040. Each 16
commissioner shall be dir ectly responsible to the secretary and shall have [ such] 17
functions, powers, and duties as provided by law and as the secretary may 18
prescribe. The Department of Public Advocacy shall be headed by the public 19
advocate, appointed as required by KRS 31.020, who shall be directly responsible 20
to the Public Advocacy Commission. The Department of Public Advocacy is an 21
independent state agency which shall be attached to the Justice and Public Safety 22
Cabinet for administrative purposes only. The Justice and Public Saf ety Cabinet 23
shall not have control over the Department of Public Advocacy's information 24
technology equipment and use unless granted access by court order. 25
(3) The Justice and Public Safety Cabinet shall have the following offices and 26
divisions: 27
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(a) Office of the Secretary, which shall be headed by a deputy secretary 1
appointed pursuant to KRS 12.050 and responsible for the direct 2
administrative support for the secretary and other duties as assigned by the 3
secretary, and which, with the approval of the secret ary, may employ [ such] 4
staff as necessary to perform the duties, functions, and responsibilities of the 5
office; 6
(b) Office of Human Resource Management, which shall be headed by an 7
executive director appointed pursuant to KRS 12.050 who shall be responsible 8
to and report to the secretary and be responsible for all matters relating to 9
human resources, and who, with the approval of the secretary, may employ [ 10
such] staff as necessary to perform the duties, functions, and responsibilities 11
of the office; 12
1. Division of Human Resource Administration, which shall be headed by 13
a director appointed pursuant to KRS 12.050 who shall report to the 14
executive director of the Office of Human Resource Management; and 15
2. Division of Employee Management, which shall be headed by a director 16
appointed pursuant to KRS 12.050 who shall report to the executive 17
director of the Office of Human Resource Management; 18
(c) Office of Legal Services, which shall be headed by an executive director 19
appointed pursuant to KRS 12.050 and 12.210, that: 20
1. Shall provide legal representation and services for the cabinet; and 21
2. May investigate all complaints regarding the facilities, staff, treatment 22
of juveniles, and other matters relating to the operation of the Justice 23
and Public Safety Cabinet. If it appears that there is a violation of 24
statutes, administrative regulations, policies, court decisions, the rights 25
of juveniles who are subject to the orders of the department, or any other 26
matter relating to the Justice and Public Safety Cabinet, the office shall 27
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report to the secretary of the Justice and Public Safety Cabinet who 1
shall, if required, refer the matter to a law enforcement agency, 2
Commonwealth's attorney, county attorney, the Attorney General, or 3
federal agencies, as appropriate. The off ice may be used to investigate 4
matters in which there is a suspicion of violation of written policy, 5
administrative regulation, or statutory law within the Department of 6
Public Advocacy only when the investigation will have no prejudicial 7
impact upon a per son who has an existing attorney -client relationship 8
with the Department of Public Advocacy. Notwithstanding the 9
provisions of this subparagraph, investigation and discipline of KRS 10
Chapter 16 personnel shall continue to be conducted by the Department 11
of Kentucky State Police pursuant to KRS Chapter 16. The office shall 12
conduct no other investigations under the authority granted in this 13
subparagraph. The secretary may, by administrative order, assign the 14
investigative functions in this subparagraph to a bra nch within the 15
office. 16
The executive director shall be directly responsible to and report to the 17
secretary and, with the approval of the secretary, may employ[ such] attorneys 18
appointed pursuant to KRS 12.210 and other staff as necessary to perform the 19
duties, functions, and responsibilities of the office; 20
(d) Office of Legislative and Intergovernmental Services, which shall be headed 21
by an executive director appointed pursuant to KRS 12.050 who shall be 22
responsible for all matters relating to the provision of support to the Crim inal 23
Justice Council, legislative liaison services, and functions and duties vested in 24
the Criminal Justice Council as described in KRS 15A.030. The executive 25
director shall be directly responsible to and report to the secretary and may 26
employ[ such] staff as necessary to perform the duties, functions, and 27
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responsibilities of the office; 1
(e) Office of Communications, which shall be headed by an executive director 2
appointed by the secretary of the Justice and Public Safety Cabinet pursuant to 3
KRS 12.050 who shall be responsible to report to the secretary and be 4
responsible for all matters relating to communications, and who, with the 5
approval of the secretary, may employ[ such] staff as necessary to perform the 6
duties, functions, and responsibilities of the office; 7
1. Information and Technology Services Division, which shall be headed 8
by a director appointed by the secretary of the Justice and Public Safety 9
Cabinet pursuant to KRS 12.050 who shall report to the executive 10
director of the Office of Communications; 11
(f) Office of Financial Management Services, which shall be headed by an 12
executive director appointed by the secretary of the Justice and Public Safety 13
Cabinet pursuant to KRS 12.050 who shall be responsible to report to the 14
secretary and be responsible for all matters relating to fiscal functions, and 15
who, with the approval of the secretary, may employ [ such] staff as necessary 16
to perform the duties, functions, and responsibilities of the office; 17
1. Division of Financial Management, which shall be heade d by a director 18
appointed by the secretary of the Justice and Public Safety Cabinet 19
pursuant to KRS 12.050 who shall report to the executive director of the 20
Office of Financial Management Services; 21
(g) Grants Management Division, which shall be headed by a director appointed 22
by the secretary of the Justice and Public Safety Cabinet pursuant to KRS 23
12.050 who shall be responsible to report to the secretary and be responsible 24
for all matters relating to state and federal grants management, and who, with 25
the approval of the secretary, may employ[ such] staff as necessary to perform 26
the duties, functions, and responsibilities of the office; 27
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(h) Office of the Kentucky State Medical Examiner, which shall be headed by a 1
chief medical examiner appointed pursuant to KRS 72.240 who shall be 2
responsible for all matters relating to forensic pathology and forensic 3
toxicology and other duties as assigned by the secretary. The executive 4
director appointed pursuant to KRS 12.050 shall be responsible for all matters 5
related t o the administrative support of the Office of the State Medical 6
Examiner. The executive director shall report directly to the secretary and 7
with the approval of the secretary may employ [ such] administrative support 8
staff as necessary to perform the admini strative duties, functions, and 9
responsibilities of the office. The chief medical examiner shall be directly 10
responsible to and report to the secretary and may employ [ such] staff as 11
necessary to perform the forensic duties, functions, and responsibilities of the 12
office; and 13
(i) Office of Drug Control Policy, which shall be headed by an executive director 14
appointed pursuant to KRS 12.050 who shall be responsible for all matters 15
relating to the research, coordination, and execution of drug control policy 16
and for the management of state and federal grants, including but not limited 17
to the prevention and treatment related to substance abuse. By December 31 18
of each year, the Office of Drug Control Policy shall review, approve, and 19
coordinate all current projects of any substance abuse program which is 20
conducted by or receives funding through agencies of the executive branch. 21
This oversight shall extend to all substance abuse programs which are 22
principally related to the prevention or treatment, or otherwise targe ted at the 23
reduction, of substance abuse in the Commonwealth. The Office of Drug 24
Control Policy shall promulgate administrative regulations consistent with 25
enforcing this oversight authority. The executive director shall be directly 26
responsible to and repo rt to the secretary and may employ [ such] staff as 27
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necessary to perform the duties, functions, and responsibilities of the office. 1
Section 2. KRS 15A.064 is amended to read as follows: 2
(1) The Department of Juvenile Just ice shall establish in each county, or assign to an 3
existing body the responsibilities of, a local juvenile restorative justice advisory 4
committee. For counties within the same judicial district, the requirements of this 5
subsection may be satisfied through a joint committee. 6
(2) The membership of each committee shall include the following: 7
(a) The Chief District Judge; 8
(b) The county attorney; 9
(c) An assistant public advocate; 10
(d) A representative from the Department for Community Based Services; 11
(e) A representative from the Department of Juvenile Justice; 12
(f) A representative from a local law enforcement agency; 13
(g) A representative from each local school district; 14
(h) Community members reflecting the racial, socioeconomic, and other diversity 15
of the county or, in the case of a joint committee, the counties; and 16
(i) A representative from a victims advocacy group. 17
(3) Each committee shall: 18
(a) Establish sustainable programs that employ restorative practices to identify 19
the underlying causes of negative behav ior and empower children, families, 20
and communities to address and prevent issues surrounding incidents of 21
negative behavior; and 22
(b) Develop and implement local restorative justice programs with an established 23
organization to serve children, youth, and fa milies through referrals from the 24
court, the court-designated worker, the Department of Juvenile Justice, public 25
schools, or other social service agencies, or upon request of a child or family. 26
(4) Restorative justice programs established pursuant to this section shall not allow 27
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participation by a child accused or adjudicated of an offense which would classify 1
him or her as a violent offender under KRS 439.3401. 2
(5) Each committee shall meet at least quarterly, and shall report to the Department of 3
Juvenile Justice[, Office of Community and Mental Health Services]. 4