Criminal Justice (Corrections)

This bill amends Kentucky's sentencing laws to remove the 70-year cap on consecutive indeterminate prison terms for certain offenses. It allows judges to impose consecutive sentences for multiple crimes without a maximum limit, except for specific exceptions like when sentences run concurrently for mixed definite and indeterminate terms. The legislation also mandates consecutive sentencing for defendants convicted of multiple felony sex crimes involving multiple victims and clarifies how sentences are calculated when new crimes are committed while a person is already incarcerated. These changes directly affect judges, prosecutors, and defendants by altering how prison time is calculated for repeat offenders and those committing crimes while already in the justice system.

Amend KRS 441.005 to define "restricted custody center" and make technical changes; create new sections of KRS Chapter 441 to require the Department of Corrections to promulgate administrative regulations providing the minimum standards for holdover facilities; require the Department of Corrections to contract with a fiscal court of a county or local or regional correctional authority to provide correctional services to state prisoners; allow prisoners being held for a nonviolent or nonsexual misdemeanor conviction to be housed in a restricted custody center; require jailers to get permission from the Department of Corrections before transferring a Class C or Class D felon to another jail unless required by statute or an emergency exists; establish the regional jail authority construction fund, and establish requirements for the Department of Corrections to submit a list of regional jail construction projects to the Legislative Research Commission; establish the regional jail conversion fund and establish requirements for receiving grant funds; amend KRS 431.215 to require the Commonwealth to pay a county a fee per day based on the county's actual costs to house prisoners for the time the prisoner was held before a conviction if the sentence the prisoner receives in whole or in part includes the amount of time served prior to judgment; amend KRS 441.025 to allow counties to contract with the Department of Corrections to house state prisoners and operate holdover facilities; amend KRS 441.045 to require the Commonwealth to pay counties for the costs of providing health services to prisoners the county is responsible for; amend KRS 441.420 to require the Department of Corrections to pay for architectural plans and engineering services associated with any tentatively approved construction of a local correctional facility; amend KRS 441.430 to allow a regional jail authority to receive tentative approval for new regional jail construction; amend KRS 441.520 to specify the rate that a jail that receives a transferred inmate can charge the originating jail; amend KRS 441.810 to require that the jailer of each county within a regional jail authority be a member of the board; amend various sections to conform.

Create a new section of KRS Chapter 441 to establish the External Detainee Fatality Review Panel to conduct comprehensive reviews of all fatalities of individuals detained by law enforcement, in county or regional jails, or in any facility operated by the Department of Corrections, the Department of Juvenile Justice, or an entity under contract with either department; establish membership and duties of the panel; set a schedule for appointment of members.

Amend KRS 197.020 to establish that the Department of Corrections shall not be required to promulgate administrative regulations regarding the death penalty; establish that execution protocols and procedures may be prescribed by internal policy, memorandum, or another form of action; amend KRS 13A.105 to conform; make technical corrections.

Create a new sections of KRS Chapter 431 to establish an automatic expungement process for specific eligible misdemeanor and felony convictions; allow the Commonwealth's and county attorney to object and halt the automatic expungement of certain offenses; require the Administrative Office of the Courts and the Department of Kentucky State Police to submit a report twice a year to the Legislative Research Commission on the implementation of the automatic expungement process; amend KRS 431.073 to waive fees for an applicant whose conviction qualifies as an eligible conviction; amend KRS 431.074 to require the Administrative Office of the Courts to establish a searchable portal to allow a person to determine if his or her conviction has been expunged; amend KRS 431.078 to waive fees for a petitioner whose conviction qualifies as an eligible conviction; amend KRS 431.079 to provide court clerks and deputy court clerks with immunity from civil liability for acts done in good faith under this act; amend KRS 17.151 to require the Department for Kentucky State Police to provide the Administrative Office of the Courts with data to comply with automatic expungement process; amend KRS 196.093 to require the Department of Corrections to provide the Administrative Office of the Courts with data to comply with automatic expungement process; amend KRS 367.310 to provide that no conviction that has been overruled, vacated, set aside, or expunged shall not be included on any background check or consumer report; establish the Automatic Expungement Task Force; establish duties and membership; require the task force to submit a report with recommendations to the Legislative Research Commission by November 1, 2026; provide that the Act may be cited as the Automatic Expungement Act.

Create a new section of KRS Chapter 600 to enumerate the rights of incarcerated minors; provide that the Act may be cited as the Incarcerated Minor's Bill of Rights.

Create new sections of KRS Chapter 197 to establish the Kentucky Community and Technical College System Prison Education Program within the Department of Corrections in partnership with the Kentucky Community and Technical College System (KCTCS) to provide inmates with job training; require KCTCS to construct a facility to house the program at Northpoint Training Center; establish convictions that preclude participation in the program; require the parties to enter into a memorandum of agreement establishing the responsibilities of each party; amend KRS 196.281 to establish entitlement to a certificate of employability upon successful completion of the program and require reporting by the department; amend KRS 335B.020 to establish that a person shall not be disqualified from public employment or obtaining an occupational license solely because of previous criminal conviction and obtaining a certificate of employment from the department shall constitute rebuttable evidence of rehabilitation and fitness for the occupation; amend KRS 355B.030 to remove a conviction of a Class A felony, Class B felony, or any other felony offense other than a conviction that would qualify the individual as a registrant as defined in KRS 17.500 as supportive of a rebuttable presumption of a connection between that conviction and a license issuance request.

Create a new section of KRS Chapter 431 to define terms; provide that a person shall not be eligible for pretrial release until he or she can provide proof of citizenship or that he or she is lawfully permitted to be in the United States; provide that a person shall not be held for longer than 48 hours due to his or her inability to provide proof of citizenship or permission to be in the United States; require a law enforcement agency, jail, or regional jail that has custody of a person who cannot provide proof of citizenship or that he or she is lawfully permitted to be in the United States to immediately notify the United States Department of Homeland Security to determine if the person is a citizen, lawfully permitted to be in the United States, or subject to a United States Immigration and Customs Enforcement detainer; provide that the lack of proof of citizenship or permission to be in the United States shall be considered when completing a pretrial risk assessment.

HB 493 makes it a Class D felony to intentionally alter, disable, or damage video monitoring systems in Kentucky correctional facilities. It expands existing law - which already criminalizes tampering with electronic tracking devices for probation, parole, or pretrial release - to specifically cover video recording or monitoring equipment inside prisons. The bill directly affects anyone who might interfere with these systems, including inmates, staff, or visitors. It creates a clear legal consequence for disrupting surveillance in correctional settings without adding new requirements or exemptions. This is a straightforward criminal code amendment focused on enhancing security for prison monitoring systems.

Amend KRS 439.3406 to prohibit an inmate from qualifying for mandatory reentry supervision if the inmate has previously been convicted of 2 or more offenses that would classify him or her as a violent offender under KRS 439.3401 or has been recommitted to prison for a violation of probation, shock probation, parole, or conditional discharge; require the Department of Corrections to produce an annual report on the results of the mandatory reentry supervision program by February 1 of each year.