SB 133

AN ACT relating to crimes and punishments. Amend KRS 441.055 to require the Department of Corrections to promulgate administrative regulations for the jails that require adequate nutrition for pregnant inmates, adequate feminine hygiene products, and an appropriate number of undergarments for female inmates; create a new section of KRS Chapter 196 to require that pregnant inmates be restrained solely with handcuffs in front of the body unless further restraint is required to protect herself or others; ban the shackling of female inmates; amend KRS 197.020 to require the Department of Corrections to create a classification process for jails that may house female state inmates; amend KRS 532.100 to require a jail be certified before housing any female state inmates and provide a delayed effective date of January 1, 2019; amend KRS 403.725 to allow orders of protection to be filed at a domestic violence shelter or a rape crisis shelter; amend KRS 456.030 to allow interpersonal protective orders to be filed at a domestic violence shelter or a rape crisis shelter; create a new section of KRS Chapter 15 to require the reporting of allegations of sexual assaults by a jailer or any employee, contractor, vendor, or volunteer of a supervising entity to the Attorney General's Office for investigation; create a new section of KRS Chapter 439 to allow an eligible pregnant woman to be released from custody; amend KRS 431.517 to prohibit an offender charged with an offense under KRS Chapter 507 from pretrial home incarceration unless the judge makes a finding that the offender does not pose a threat to society; amend KRS 434.650, 434.655, 434.660, 434.670, 434.690, 514.030, 514.040, 514.050, 514.060, 514.070, 514.080, 514.090, 514.110, 514.120, and 517.060 to raise the threshold level for a Class D felony for various fraud and theft crimes from $500 to $1,000 if the person has not been convicted twice of the same offense in the last two years; amend KRS 439.3401 to make criminal attempt to commit murder of a peace officer or a firefighter an offense for which at least 85 percent of the sentence must be served before probation or parole; amend KRS 431.066 to eliminate monetary bond except for high-risk defendants who have not been charged with a violent or sexual offense; provide that when a court is making a bail determination for a defendant, it is based on whether a defendant poses a low, moderate, or high risk; create a new section of KRS Chapter 431 to provide that when a defendant poses a low or moderate risk and has been charged with a violent or sexual offense or poses a high risk, the court shall determine whether any nonfinancial conditions shall reasonably ensure the appearance of the defendant or the safety of the public; amend various statutes to conform; repeal KRS 431.021 and amend KRS 431.510 to conform; provide a delayed effective date of January 1, 2019, for the monetary bond provisions; provide short title.