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Regulations Filed

To view a list of regulation recently filed by the agencies within or affiliated with the Justice and Public Safety Cabinet, please visit their Regulations Filed pages:

Department of C​orrections

Department of Juvenile Justice

Department of Criminal Justice Traini​ng

Kentucky State Police

Office of Drug Control Policy

Kentucky Law Enforcement Council

Administrative regulations filed with the Legislative Research Commission for the Justice and Public Safety Cabinet may be accessed on the LRC Website at https://apps.legislature.ky.gov/law/kar/titles.htm. Select the Title for the regulation and scroll down to the appropriate administrative regulation in the Chapter. The regulation will have a proposed label next to its title.



Administrative regulations filed for the Justice and Public Safety Cabinet are listed in the section below.


Regulations

​500 KAR 13:020. Internal Investigations Branch. “Excessive physical contact" replaces “excessive force" and “inappropriate physical contact" replaces “inappropriate force" and both new terms are defined. Five possible findings are grouped together under “findings" in the definition section. The types of incidents now include serious incidents and special incidents.  A preliminary inquiry or investigation must be opened for serious incidents, which include excessive or inappropriate physical contact, sexual activity, unlawful transaction with a minor, or any other illegal activity. A preliminary inquiry or investigation may be started and include the failure to provide appropriate supervision, use of inappropriate consequences, use of inappropriate language, harassment, and the granting of unearned privileges. The allegation of sexual activity involving a youth now includes sexual activity, as well as contact or interactions which uses or allows, permits or encourages the use of youth for the sexual gratification of the offender or another person.  The amendment addresses sexual activity on, against, involving or in the presence of a youth and includes any contact or interaction that uses, permits, disregards or encourages the use or exploitation of a youth for the sexual gratification of the offender or another person. Entering into an unlawful transaction with a youth has been expanded to include permitting, inducing, assisting, or causing a youth to engage in conduct listed in KRS 530.064, 065 or 070, or any illegal activity. Using or attempting to use a youth for personal gain has been expanded to include use or attempted use for the offender or any other person's personal gain or self-interest. Accepting or soliciting a bribe from a youth or indicating a bribe would be accepted has been expanded  to include bribes or other quid pro quo, from the youth and the youth's family. Extending unearned special privileges to a youth in return for something has been expanded to extending, offering, agreeing to extend or offer, an unearned special privilege to a youth in exchange for money, tangible property, intangible property, services or any other value paid, delivered or agreed to be delivered to the offender or any other person by a youth. Use of verbal threats or harm directed at a youth has been expanded to the use of threats or otherwise communicating or indicating to a youth that by either act or omission, an offender will cause or permit another to physically harm that youth. Using humiliating, demeaning, profane or racially charged language directed at youth has been expanded to humiliating, demeaning, profane, racially charged or sexually explicit language directed at a youth, or use of any language that discriminates against a youth based upon a youth's status regarding race, color, religion or creed, national origin or ancestry, sex, gender, pregnancy, sexual orientation, or gender identity. Entering into a business relationship with a youth has been removed. The regulation adds that the toll free number for youth and staff to reports incidents will be answered by IIB during normal business hours, and lists the normal business hours. The regulation expands the description for handling the voice mailbox system for incidents reported after business hours. If the safety of youth is involved, IIB will take immediate action, but otherwise action will be taken the next business day. If IIB receives a report of a serious incident, IIB shall either conduct a preliminary inquiry or open an investigation. If a report of a special incident is received, IIB has the option of conducting a preliminary inquiry, conducting a full investigation, or forwarding the complaint to DJJ or another appropriate authority for an investigation. If the report indicates a youth is in imminent danger of physical harm or injury, the time frame for initiating an investigation has been moved from within 1 hour to a requirement that a preliminary inquiry or investigation be initiated immediately, including ensuring the safety of the alleged victim and any other youth with whom the offender may have contact and the retention of evidence. Section 5 is removed with portions of it added to other sections. Youth is changed to juvenile throughout. The IIB-2 Special Incident Report is deleted from material incorporated by reference and intake is used instead of a specific form. A public hearing on this administrative regulation will be held on December 21, 2023, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through December 31, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov.​

500 KAR 3:010. Definitions. The amendment: adds a statute citation for authority; enlarges the authorization language; adds a statutory citation to the definition of “cabinet"; adds clarifying language to the definition of “private property" and “property owner"; adds language recognizing the Justice and Public Safety Cabinet, Internal Investigations Branch as the SLPO program administrator; and changes and adds wording for consistency. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on June 26, 2023, at 9:00 AM at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through June 30, 2023. Send written notification of intent to be heard at the public hearing or written comments on the administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

Material Incorporated by Reference


500 KAR 3:020. Filing and processing SLPO commissions. The amendment: enlarges the authorization language; reorganizes portions of the regulation for clarify; adds language recognizing the Justice and Public Safety Cabinet, Internal Investigations Branch as the SLPO program administrator; adds language requiring SLPO commission applicants and reapplicants to have fingerprinting done by vendors approved by the SLPO Program Administrator; removes language restricting SLEOs from carrying firearms off the private property to which they are commissioned; adds a requirement for the submission of documentary evidence related to the bond required for SLPO commissions; changes the appeal process for SLPO commission applicants that are denied commissions; changes and adds wording for consistency; and makes gender neutral language changes. The amendment removes the SLPO 2 form from the Materials Incorporated by Reference and adds clarifying language, the Justice and Public Safety Cabinet, Internal Investigations Branch as the SLPO program administrator, and the “Team Kentucky" logo to the remaining Materials Incorporated by Reference. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on June 26, 2023, at 9:00 AM at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through June 30, 2023. Send written notification of intent to be heard at the public hearing or written comments on the administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

Material Incorporated by Reference​​​

500 KAR 2:020. Filing and processing SLEO commissions. The amendment adds definitions of “governmental unit" and “Special Law Enforcement Officer"; removes the definition of “Kentucky Law Enforcement Council"; adds language allowing an official college transcript or degree to serve as acceptable proof of education required for a commission as a SLEO, making the Justice and Public Safety Cabinet, Internal Investigations Branch the SLEO Program Administrator, and requiring Special Law Enforcement Officer commission applicants and reapplicants to have fingerprinting done by vendors approved by the SLEO Program Administrator; removes language restricting SLEOs from carrying firearms off the governmental property to which they are commissioned; makes gender neutral language changes; and changes wording for consistency and to correct various typographical errors. The amendment adds clarifying language, the Justice and Public Safety Cabinet, Internal Investigations Branch as the SLEO program administrator, and the “Team Kentucky" logo to the Materials Incorporated by Reference. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on May 22, 2023, at 9:00 AM at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through May 31, 2023. Send written notification of intent to be heard at the public hearing or written comments on the administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov.​

Material Incorporated by Reference​​​​​

500 KAR 16:010, Funds disbursement from the elder and vulnerable victims trust fund, has been filed with the Legislative Research Commission as a new regulation.  This administrative regulation defines terms and establishes standards and criteria governing the disbursement of money from the elder and vulnerable victims trust fund. The regulation may be accessed on the LRC website.  A public hearing on this administrative regulation will be held on January 23, 2023, at 9:00 am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601.  Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through January 31, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov

Material Incorporated by Reference​​

500 KAR 12:010, Duplicate records request fee schedule, has been filed with the Legislative Research Commission for amendment. This regulation contains the schedule of fees for copies of records and other items from the Office of the Kentucky State Medical Examiner. The amendment revises the fees charged for these items and the addresses of the various regional offices for the Medical Examiner.  It allows requests to be made in writing and deletes the request form. The regulation may be accessed on the LRC website. A public hearing on this administrative regulation will be held on September 22, 2021, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through September 30, 2021. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov