{"data":{"id":"us-ky/krs-6.949","jurisdiction":"us-ky","citation":"KRS 6.949","heading":"Corrections impact statement -- Conditions in legislation requiring","body":"preparation -- Contents of corrections impact statement -- Calculation of costs\nand savings of creation of new crime or revision of existing crime.\n(1) Any bill, amendment, o r committee substitute that creates a new crime, increases\nthe penalty for an existing crime, decreases the penalty for an existing crime,\nchanges the elements of the offense for an existing crime, repeals an existing crime,\nor proposes to increase, decrea se, or otherwise impact incarceration shall be\nidentified by the staff of the Legislative Research Commission as having a\ncorrections impact on a \"Corrections Impact Statement\" form specified by the\nLegislative Research Commission.\n(2) If a bill, amendment , or committee substitute is identified as having a corrections\nimpact under subsection (1) of this section, the staff of the Legislative Research\nCommission shall notify the sponsor of the bill, amendment, or committee\nsubstitute that a corrections impact is required.\n(3) If a bill, amendment, or committee substitute is identified as having a corrections\nimpact, a \"Corrections Impact Statement\" shall be prepared by the staff of the\nDepartment of Corrections with the assistance of the Department of Kentucky  State\nPolice, Administrative Office of the Courts, Parole Board, and other persons,\nagencies, or organizations deemed necessary by the Department of Corrections staff\nassigned to prepare the corrections impact statement. The Department of Kentucky\nState Police, Administrative Office of the Courts, Parole Board, and other persons,\nagencies, and organizations that have been requested to provide information for the\ncorrections impact statement shall do so within the period of time specified by the\nDepartment of Corrections staff person requesting the information, which in no case\nshall exceed two (2) business days unless an extension is granted by the requesting\nstaff person.\n(4) The corrections impact statement shall contain the estimated costs, estimated\nsavings, and necessary appropriations based upon:\n(a) Incarceration in jail prior to trial and during trial based on the available\ninformation about persons granted bail or other form of pretrial release and\nthe length of time spent in jail prior to release;\n(b) Supervision of a person who has been granted bail or pretrial release based on\nthe average time spent between the time of release until the time of trial for\nthe offense;\n(c) Incarceration in jail for a misdemeanor following conviction based on the\nmaximum time of incarceration authorized for the offense;\n(d) Incarceration in a state correctional facility for a capital offense, or felony\noffense based on the maximum and minimum length of incarceration\nauthorized for the offense, except for offenses in w hich incarceration in a\ncounty jail for a Class D felony is required;\n(e) Incarceration in a county jail for a Class D felony for which incarceration in a\ncounty jail is authorized based on the maximum and minimum sentence of\nincarceration authorized for a Class D felony;\n(f) Probation or conditional discharge supervision based on the maximum time of\nprobation or conditional discharge authorized for the offense;\n(g) Parole supervision based on the minimum expiration of sentence; and\n(h) Treatment, education, and other programs which are to be paid by the state\nbased on the average costs actually paid by the Department of Corrections\nduring the previous fiscal year.\n(5) Insofar as possible, costs and savings for a change to an existing crime shall be\ncalculated using:\n(a) Arrest data for the crime from the Department of Kentucky State Police;\n(b) Pretrial incarceration data from the Administrative Office of the Courts;\n(c) Preconviction jail data from the Administrative Office of the Courts;\n(d) Conviction data from the Administrative Office of the Courts;\n(e) Postconviction jail and imprisonment data from the Department of\nCorrections;\n(f) Probation and parole data from the Department of Corrections; and\n(g) Data from applicable agencies or organizations providing treatment,\neducation, or other mandated programs.\n(6) Insofar as possible, costs or savings for a new crime shall be calculated in the same\nmanner as specified  in subsection (5) of this section using data for similar crimes\nunless that is determined by the Department of Corrections staff person to be\nimpractical or impossible in which case the estimate for a new crime may be\nprepared using:\n(a) The maximum and minimum length of incarceration for the offense;\n(b) An estimate of cost based on ten (10) persons being charged with the offense,\nand based on one hundred (100) persons being charged with the offense;\n(c) An estimate of cost based on ten (10) persons and o ne hundred (100) persons\nbeing convicted of the offense and sent to jail if the offense is a misdemeanor\nusing the criteria specified in subsection (7) of this section; and\n(d) An estimate of cost based on ten (10) persons and one hundred (100) persons\nbeing convicted of a felony offense requiring imprisonment in a state-operated\ncorrectional facility unless the offense is a Class D felony for which\nimprisonment in a county jail is required in which case the cost shall be based\non the amount paid by the Dep artment of Corrections for a person\nincarcerated in a county jail for a Class D felony.\n(7) Costs or savings shall be based on the average costs actually paid by the\nDepartment of Corrections during the previous fiscal year for incarceration of a\nperson in a state correctional facility, the average cost for supervision of a person\nplaced on probation without electronic monitoring, the average cost of a person\nplaced on probation with electronic monitoring, the average cost of parole\nsupervision without elec tronic monitoring, and the average cost of parole\nsupervision with electronic monitoring.\n(8) In addition to the requirements of subsections (4) to (7) of this section, the\ncorrections impact statement shall contain:\n(a) Any documentation, studies, written  opinions, calculations, and citations in\nsupport of the department's findings and conclusions;\n(b) An estimate of potential future cost savings, if not already in the statement,\nwith an explanation why the bill would or would not result in future cost\nsavings; and\n(c) Certification by the commissioner of the department that the information\nprovided is accurate.\n(9) If an amendment to a bill is combined into a committee substitute or a GA version\nof the bill is created incorporating a floor amendment, a new  corrections impact\nstatement shall be prepared combining the information in the original bill as\nmodified by the amendment.","path":["KRS Chapter 6"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54875","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:25Z","sha256":"caaacf253dd9a26a10834ff99869d59b1f649c14edbd104b05b3289ec30c3852","source_id":"us-ky","stale":false,"prev":"us-ky/krs-6.948","next":"us-ky/krs-6.950"},"notice":"GroundRules: Original legal text. Not legal advice."}