govt.fyi
Back to HB 762
Kentucky General Assembly· HB 762signed by Governor (Acts Ch. 136)

An act relating to the criminal justice system., the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Kentucky General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
UNOFFICIAL COPY                                         26 RS HB 762/EN

1   AN ACT relating to the criminal justice system.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   Section 1. KRS 31.010 is amended to read as follows:

4 There is hereby established as an independent agency of state government, attached for

5 administrative purposes to the Justice and Public Safety Cabinet, the Department of

6 Public Advocacy, in order to provide for the establishment, maintenance, and operation

7 of a state-sponsored and controlled system for:

8 (1) The representation of [indigent ]persons accused of serious crimes, as authorized

9   under this chapter[ or mental states which may result in their incarceration or

10  confinement]; and

11 (2) (a) The pursuit of legal, administrative, and other appropriate remedies to ensure

12  the protection of the rights of persons with disabilities, independent of any

13  agency that provides treatment, services, or rehabilitation to persons with

14  disabilities.

15  (b) As used in[For the purposes of] this chapter, "persons with disabilities"

16  means[shall refer to those] persons eligible for protection and advocacy

17  services under Pub. L. Nos.[Public Laws] 99-319, 102-569, 103-218, 106-

18  170, and 106-402, as amended, and any other federal enabling statute

19  hereafter enacted that defines the eligible client base for protection and

20  advocacy services.

21  Section 2. KRS 31.020 is amended to read as follows:

22 (1) The Department of Public Advocacy shall consist of the public advocate, deputy

23  public advocate, general counsel, [such ]assistant public advocates as the public

24  advocate shall deem necessary, and [such ]secretarial and other personnel as the

25  public advocate shall deem necessary.

26 (2) (a) The public advocate shall:

27  1. Be appointed by the Governor from a list of three (3) attorneys

                                              Page 1 of 14

    HB076220.100 - 4 - XXXX 4/1/2026 9:55 PM                              Engrossed
    UNOFFICIAL COPY                                                        26 RS HB 762/EN

1   submitted to him or her by the Public Advocacy Commission;

2   2. [shall ]Be an attorney licensed to practice law in Kentucky with at least

3   five (5) years of experience in the practice of law;

4   3. [shall ]Be excepted from the classified service;

5   4. [shall ]Be the chief administrator of the Department of Public Advocacy

6   and an appointing authority as [that term is ]defined in KRS 18A.005;

7   and

8   5. [shall ]Serve a term of four (4) years, which is renewable, unless

9   removed by the Governor.

10  (b) The incumbent public advocate shall serve until a successor is nominated by

11  the commission and approved by the Governor. The compensation of the

12  public advocate shall be set by [the provisions of ]KRS 64.640.

13 (3) The deputy public advocate shall:

14  (a) Be an attorney;[ and]

15  (b) [shall ]Be appointed by the public advocate; and

16  (c) [shall ]Serve at the[his or her] pleasure of the public advocate.

17 (4) The general counsel shall:

18  (a) Be an attorney;[ and]

19  (b) [shall ]Be appointed by the public advocate;[ and]

20  (c) [shall ]Serve at the[his or her] pleasure of the public advocate; and[.]

21  (d) [The general counsel shall ]Represent the interests of the department as

22  directed by the public advocate.

23 (5) The assistant public advocates shall:

24  (a) Be attorneys;[,]

25  (b) [shall ]Be appointed by the public advocate;[,]

26  (c) [shall ]Be covered by the merit system;[,] and

27  (d) [shall ]Not be subject to [the provisions of ]KRS 12.210.

                                              Page 2 of 14

    HB076220.100 - 4 - XXXX 4/1/2026 9:55 PM                                      Engrossed
    UNOFFICIAL COPY                                                      26 RS HB 762/EN

1 (6) Secretarial, clerical, and other personnel shall be appointed by the public advocate

2   and shall be covered by the merit system.

3   Section 3. KRS 31.030 is amended to read as follows:

4 The authority and duties of the Department of Public Advocacy shall include but are not

5 limited to:

6 (1) Administering the statewide public advocacy system created by this chapter or by

7   any other appropriate legislation or court decision;

8 (2) Developing policies[and promulgating standards and administrative regulations,

9   rules,] and procedures for administration of the defense of indigent defendants in

10  criminal cases that the public advocate, statutes, or the courts determine are subject

11  to public assistance;

12 (3) Determining necessary personnel for the department and appointing staff attorneys,

13  who shall be ["]assistant public advocates,["] and non-lawyer assistants within the

14  merit system, subject to available funding and employee allotments;

15 (4) Maintaining and exercising control over the department's information technology

16  system, and working with the Commonwealth Office of Technology to ensure that

17  the department's information technology is in conformity with the requirements of

18  state government;

19 (5) Conducting research into, and developing and implementing methods of, improving

20  the operation of the criminal justice system with regard to indigent defendants and

21  other defendants in criminal actions, including participation in groups,

22  organizations, and projects dedicated to improving representation of defendants in

23  criminal actions in particular, or the interests of indigent or impoverished persons in

24  general;

25 (6) Issuing rules, promulgating administrative regulations in accordance with KRS

26  Chapter 13A, and establishing standards as may be reasonably necessary to carry

27  out the provisions of this chapter, the decisions of the United States Supreme Court,

                                              Page 3 of 14

    HB076220.100 - 4 - XXXX 4/1/2026 9:55 PM                             Engrossed
    UNOFFICIAL COPY                                                    26 RS HB 762/EN

1   the decisions of the Kentucky Supreme Court, Court of Appeals, and other

2   applicable court decisions or statutes;

3 (7) Being authorized to pursue legal, administrative, and other appropriate remedies to

4   ensure the protection of the rights of persons with disabilities;

5 (8) Being authorized to purchase liability insurance for the protection of all full-time

6   public advocates, deputy public advocates, and assistant public advocates to protect

7   them from liability for malpractice arising in the course or scope of employment

8   and for the protection of attorneys with whom the Department of Public Advocacy

9   contracts to protect them from liability for malpractice arising in the course or

10  scope of the contract;

11 (9) Being authorized to seek,[ and] apply for, and solicit funds for the operation of the

12  defense of indigent persons or protection of the persons with disabilities programs

13  from any source, public or private, and to receive donations, grants, awards, and

14  similar funds from any legal source. Those funds shall be placed in a special

15  account for the Department of Public Advocacy and, notwithstanding KRS 45.229,

16  those funds shall not lapse;

17 (10) Being authorized to assign an attorney, including a conflict attorney under a plan,

18  for good cause, at any stage of representation, including trial, appeal, or other post-

19  conviction or post-disposition proceeding, including discharge revocation hearings,

20  preliminary parole revocation hearings, and conditional discharge revocation

21  hearings, regardless of whether the hearings are conducted by constitutional judges

22  or executive branch administrative law judges;

23 (11) Filing an annual report with the Legislative Research Commission [an annual

24  report, ]by September 30 of each year, for referral to the Interim Joint Committee

25  on Judiciary, informing the public of the work of all divisions of the department

26  and setting forth the total number and types of cases assigned to the department by

27  county, the average number of cases per department attorney, all funding available

                                              Page 4 of 14

    HB076220.100 - 4 - XXXX 4/1/2026 9:55 PM                           Engrossed
    UNOFFICIAL COPY                                         26 RS HB 762/EN

1   to the department, the average amount of state funds expended per assigned case,

2   and any other information requested by the Legislative Research Commission or

3   that the public advocate finds necessary to inform the General Assembly, the

4   judicial or executive branches, or the public of the activities conducted by the

5   department during the previous fiscal year;[ and]

6 (12) Performing[Do] other activities and instituting[institute] other programs as

7   necessary to carry out the provisions of this chapter, or those decisions or statutes

8   which are the subject of this section;[.]

9 (13) (a) Within sixty (60) days of the end of each fiscal year, filing with[the

10  department shall submit to] the Cabinet for Health and Family Services and

11  the Legislative Research Commission for referral to the Interim Joint

12  Committees on Judiciary and Families and Children a report detailing:

13  1. The number of alternative sentencing plans submitted to courts that

14  recommended treatment by providers that were nonqualified treatment

15  programs;

16  2. A breakdown of the number of [such ]plans described in subparagraph

17  1. of this paragraph that were approved, denied, or amended by the

18  courts; and

19  3. A listing of all treatment programs recommended that did not meet the

20  requirements of a qualified treatment program.

21  (b) As counsel appointed to provide legal representation to an individual under

22  KRS Chapter 31, the department or defense counsel serves at the direction or

23  request of the represented individual and may make recommendations for

24  substance abuse treatment services from a treatment provider that is not a

25  qualified treatment program but shall adhere to the reporting requirements in

26  KRS 222.427(3); and[.]

27  (14) Requiring alternative sentencing workers as defined in KRS 31.252 [shall be

                                              Page 5 of 14

    HB076220.100 - 4 - XXXX 4/1/2026 9:55 PM                               Engrossed
    UNOFFICIAL COPY                                         26 RS HB 762/EN

1   required ]to:

2   (a) Obtain a minimum of twelve (12) hours of continuing education pertaining to

3   substance use disorder; and

4   (b) Comply with KRS 222.429.

5   Section 4. KRS 31.110 is amended to read as follows:

6 (1) A needy person who is being detained by a law enforcement officer, on suspicion of

7   having committed, or who is under formal charge of having committed, or is being

8   detained under a conviction of, a serious crime, or who is accused of having

9   committed a public or status offense or who has been committed to the Department

10  of Juvenile Justice or Cabinet for Health and Family Services for having committed

11  a public or status offense as those are defined by KRS 610.010(1), 610.010(2)(a),

12  (b), (c), or 630.020(2) is entitled:

13  (a) To be represented by an attorney to the same extent as a person having his or

14  her own counsel is so entitled; and

15  (b) Except as provided in subsection (2)(c) of this section, to be provided with the

16  necessary services and facilities of representation, including investigation and

17  other preparation. The courts in which the defendant is tried shall waive all

18  costs.

19 (2) A needy person who is entitled to be represented by an attorney under subsection

20  (1) of this section is entitled to be:

21  (a) [To be ]Counseled and defended at all stages of the matter beginning with the

22  earliest time when a person providing his or her own counsel would be

23  entitled to be represented by an attorney,[ and] including revocation of

24  probation or parole;

25  (b) [To be ]Represented in any appeal; and

26  (c) [To be ]Represented in any other post-conviction, or, if a minor under the age

27  of eighteen (18), post-disposition proceeding, including any appeal from a

                                              Page 6 of 14

    HB076220.100 - 4 - XXXX 4/1/2026 9:55 PM                Engrossed
    UNOFFICIAL COPY                                                   26 RS HB 762/EN

1   post-conviction or post-disposition action. However, if the department and the

2   court of competent jurisdiction determines that it is not a proceeding that a

3   reasonable person with adequate means would be willing to bring at his or her

4   own expense, there shall be no further right to be represented by counsel

5   under [the provisions of ]this chapter. In cases involving a minor under the

6   age of eighteen (18), prior to making a determination on whether or not a

7   post-disposition action is a proceeding that a reasonable person with adequate

8   means would be willing to bring at his or her own expense, an attorney with

9   the department shall be granted access to the court file of the minor:

10  1. Without the requirement of a formal court order in which the attorney

11  has provided a release signed by the minor or the minor's legal guardian

12  authorizing the use of the records; and

13  2. Notwithstanding any other statute prohibiting the disclosure of a

14  juvenile court file.

15 (3) A needy person's right to a benefit under subsection (1) or (2) of this section is not

16  affected by his or her having provided a similar benefit at his or her own expense,

17  or by he or she having waived it, at an earlier stage.

18 (4) A person, whether a needy person or not, who is a minor under the age of eighteen

19  (18) and who is in the custody of the Department of Juvenile Justice and is residing

20  in a residential treatment center or detention center is entitled to be represented on a

21  legal claim related to his or her confinement involving violations of federal or state

22  statutory rights or constitutional rights. Prior to representation, an attorney with the

23  department shall be granted access to the court file of the minor and residential

24  treatment center or detention center records pertaining to the juvenile:

25  (a) Without entering an appearance as an attorney of record; and

26  (b) Notwithstanding any other statute prohibiting the disclosure of a juvenile's

27  record, including KRS 15A.0651, 610.320, 610.340, or 610.345.

                                              Page 7 of 14

    HB076220.100 - 4 - XXXX 4/1/2026 9:55 PM                                  Engrossed
    UNOFFICIAL COPY                                                26 RS HB 762/EN

1 (5) A person, whether a needy person or not, who is subject to a proceeding under KRS

2   Chapter 202C and is unrepresented at any time shall be entitled to the same rights

3   of representation as a needy person under subsection (1) of this section.

4 (6) The department shall provide representation under this section to a person who is

5   accused of being in contempt of court for noncompliance with a court-ordered

6   obligation only when the obligation arises out of:

7   (a) A criminal prosecution or conviction; or

8   (b) An action or adjudication for a public or status offense.

9   SECTION 5. A NEW SECTION OF KRS CHAPTER 31 IS CREATED TO

10 READ AS FOLLOWS:

11 The Department of Public Advocacy shall not provide or be compelled to provide legal

12 representation except as authorized in Section 4 of this Act.

13  Section 6. KRS 31.211 is amended to read as follows:

14 (1) At arraignment, the court shall conduct a nonadversarial hearing to determine

15  whether a person who has requested a public defender is able to pay a partial fee for

16  legal representation, the other necessary services and facilities of representation,

17  and court costs. The court shall order payment in an amount determined by the

18  court and may order that the payment be made in a lump sum or by installment

19  payments to recover money for representation provided under this chapter. This

20  partial fee determination shall be made at each stage of the proceedings.

21 (2) If the partial fee, or any portion thereof, is not paid by the due date, the court's order

22  shall be considered[is] a civil judgment subject to collection under Civil Rule 69.03

23  and KRS Chapter 426.

24 (3) All moneys collected by the public advocate from indigent defendants pursuant to

25  subsection (1) of this section shall be credited to the Department of Public

26  Advocacy special trust and agency account to be used to support the state public

27  advocacy system.

                                              Page 8 of 14

    HB076220.100 - 4 - XXXX 4/1/2026 9:55 PM                                   Engrossed
    UNOFFICIAL COPY                                         26 RS HB 762/EN

1 (4) If a person receives legal assistance or other benefit under this chapter to which he

2   or she is not entitled or if a person receives legal assistance under this chapter and is

3   financially able to pay for representation on the date the suit is brought, the public

4   advocate, on behalf of the Commonwealth, shall recover, where practical, payment

5   or reimbursement, as the case may be, from the person who received the legal

6   assistance or from his or her estate. Any suit seeking recovery under this

7   subsection shall be brought within five (5) years after the date on which the aid was

8   received.

9 (5) [Department of Public Advocacy ]Attorneys providing representation under this

10  chapter shall forward all information that indicates that payment or reimbursement

11  may be obtained pursuant to subsection (4) of this section to the public advocate.

12 (6) The duty of recovery contemplated by subsection (4) of this section shall extend

13  against persons who were the custodial parents or guardians of unemancipated

14  minors at the time these minors were deemed needy as defined in KRS 31.100(5)(c)

15  or (d).

16 (7) All moneys collected under this section shall be placed in a special trust and agency

17  account for the Department of Public Advocacy, and, notwithstanding KRS 45.229,

18  the funds shall not lapse.

19  Section 7. KRS 31.215 is amended to read as follows:

20 (1) (a) Except for attorneys appointed pursuant to KRS 620.100, 625.041, 625.080,

21  and 31.120, an[no] attorney providing representation under this

22  chapter[employed by the Department of Public Advocacy] shall not accept

23  any fees from any source other than the Department of Public Advocacy for

24  the representation of any needy person in any case or matter assigned to the

25  attorney, or in any matter directly related to a case or matter assigned to the

26  attorney.[as defined in this chapter from that person or anyone for his or her

27  benefit and]

                                              Page 9 of 14

    HB076220.100 - 4 - XXXX 4/1/2026 9:55 PM                Engrossed
    UNOFFICIAL COPY                                                  26 RS HB 762/EN

1   (b) The compensation[fees] for representation of a needy[that] person under this

2   chapter shall be limited to that which is[the fees] provided by the

3   department.

4   (c) This subsection shall not prohibit an attorney who is not employed by the

5   department from accepting fees for the representation of any person in any

6   case or matter unrelated to any case or matter that he or she has been

7   assigned under[in] this chapter.

8   (d) As used in this subsection, "fees" shall include cash, property, or other

9   pecuniary benefits of any kind.

10 (2) This section shall not apply to unsolicited gifts of de minimis value that are given

11  by or on behalf of a needy person to any attorney after the conclusion of a case or

12  matter as a token of appreciation for the work of the attorney.

13 (3) Any attorney who violates this section[employed by the Department of Public

14  Advocacy who receives or attempts to collect a fee from a needy person as

15  prohibited by subsection (1) above] shall be guilty of a Class D felony.

16  Section 8. KRS 31.219 is amended to read as follows:

17 (1) It shall be the duty of the attorney providing representation under this

18  chapter[employed by the Department of Public Advocacy representing a client at

19  trial] to file a notice of appeal after a proceeding from which an appeal is

20  authorized if his or her client requests an appeal.

21 (2) After the trial attorney providing representation under this chapter[ employed by

22  the Department of Public Advocacy] has filed a notice of appeal as required by the

23  Rules of Criminal Procedure, he or she shall forward to the Appeals Branch of the

24  Department of Public Advocacy a copy of the final judgment, the notice of appeal,

25  a statement of any errors committed in the trial of the case which should be raised

26  on appeal, and a designation of that part of the record that is essential to the appeal.

27 (3) Any attorney providing representation under this chapter[employed by the

                                              Page 10 of 14

    HB076220.100 - 4 - XXXX 4/1/2026 9:55 PM                                  Engrossed
    UNOFFICIAL COPY                                                     26 RS HB 762/EN

1   Department of Public Advocacy who is representing a client] on an appeal and

2   who, after a conscientious examination of the[said] appeal believes the appeal to be

3   wholly frivolous after careful examinations of the record, may request the court to

4   which the appeal has been taken for permission to withdraw from the case. The

5   attorney shall[must] file with that request a brief which sets forth any arguments

6   which might possibly be raised on appeal. A copy of the request for permission to

7   withdraw and the brief shall[must] be served upon the client in sufficient time so

8   that the client may raise any argument he or she chooses to raise.

9   Section 9. KRS 202A.121 is amended to read as follows:

10 (1) Upon the appearance of the person detained pursuant to KRS 202A.041 or upon the

11  filing of a petition pursuant to KRS 202A.051 or 202A.0811, the court shall appoint

12  an attorney to represent the respondent. The attorney shall be paid a fee fixed by

13  the court not to exceed five hundred dollars ($500), which shall be paid by the

14  Finance and Administration Cabinet.

15 (2) The[with such] appointment and representation under subsection (1) of this section

16  shall[to] continue unless the respondent retains private counsel.

17 (3) The appointed attorney shall be immediately[forthwith] notified by the clerk of the

18  allegations in the petition and the date and purpose of the preliminary hearing.

19 (4) Notwithstanding KRS 202A.091, an attorney appointed by the court or retained by

20  the respondent shall be given access to the court records relating to the petition.

21  Section 10. KRS 533.020 is amended to read as follows:

22 (1) When a person who has been convicted of an offense or who has entered a plea of

23  guilty to an offense is not sentenced to imprisonment, the court shall place him or

24  her on probation if he or she is in need of the supervision, guidance, assistance, or

25  direction that the probation service can provide. Conditions of probation shall be

26  imposed as provided in KRS 533.030, but the court may modify or enlarge the

27  conditions or, if the defendant commits an additional offense or violates a

                                              Page 11 of 14

    HB076220.100 - 4 - XXXX 4/1/2026 9:55 PM                                          Engrossed
    UNOFFICIAL COPY                                                    26 RS HB 762/EN

1   condition, revoke the sentence at any time prior to the expiration or termination of

2   the period of probation. When setting conditions under this subsection, the court

3   shall not order any defendant to pay incarceration costs or any other cost permitted

4   to be ordered under KRS 533.010 or other statute, except restitution and any costs

5   owed to the Department of Corrections, through the circuit clerk.

6 (2) When a person who has been convicted of an offense or who has entered a plea of

7   guilty to an offense is not sentenced to imprisonment, the court may sentence him

8   or her to probation with an alternative sentence if it is of the opinion that the

9   defendant should conduct himself or herself according to conditions determined by

10  the court and that probationary supervision alone is insufficient. The court may

11  modify or enlarge the conditions or, if the defendant commits an additional offense

12  or violates a condition, revoke the sentence at any time prior to the expiration or

13  termination of the alternative sentence.

14 (3) When a person who has been convicted of an offense or who has entered a plea of

15  guilty to an offense is not sentenced to imprisonment, the court may sentence him

16  or her to conditional discharge if it is of the opinion that the defendant should

17  conduct himself or herself according to conditions determined by the court but that

18  probationary supervision is inappropriate. Conditions of conditional discharge shall

19  be imposed as provided in KRS 533.030, but the court may modify or enlarge the

20  conditions or, if the defendant commits an additional offense or violates a

21  condition, revoke the sentence at any time prior to the expiration or termination of

22  the period of conditional discharge.

23 (4) (a) The period of probation, probation with an alternative sentence, or conditional

24  discharge shall be fixed by the court and at any time may be extended or

25  shortened by a duly entered court order or as modified by the Department of

26  Corrections through the application of probation program credits under KRS

27  439.268.

                                              Page 12 of 14

    HB076220.100 - 4 - XXXX 4/1/2026 9:55 PM                           Engrossed
    UNOFFICIAL COPY                                          26 RS HB 762/EN

1   (b) 1. Any[Such] period of supervision imposed under paragraph (a) of this

2   subsection, with extensions thereof, shall not exceed five (5) years, or

3   the time necessary to complete restitution, whichever is longer, upon

4   conviction of a felony, nor two (2) years, or the time necessary to

5   complete restitution, whichever is longer, upon conviction of a

6   misdemeanor.

7   2. If a violation of any condition imposed by the court during a period of

8   supervision imposed under paragraph (a) of this subsection is alleged

9   to have occurred within the last sixty (60) days of the period of

10  supervision, the court shall have sixty (60) days after the expiration of

11  the period of supervision imposed under paragraph (a) of this

12  subsection to determine if a violation occurred and the appropriate

13  action for the violation.

14  (c) 1. If a defendant who is subject to a period of supervision under

15  paragraph (a) of this subsection is alleged to have committed a

16  violation of the conditions imposed by the court, and a warrant has

17  been issued by the court based on an allegation of that violation, the

18  time between the issuance of the warrant and the defendant's first

19  appearance before the court after service of that warrant shall be

20  tolled and not count towards any period of supervision imposed under

21  paragraph (a) of this subsection, unless the court finds that the

22  defendant did not violate any condition imposed by the court.

23  2. The court shall have sixty (60) days after the defendant's first

24  appearance to schedule and complete any proceedings related to an

25  alleged violation described in subparagraph 1. of this paragraph.

26  (d) Upon completion of the probationary period, probation with an alternative

27  sentence, or the period of conditional discharge, the defendant shall be

                                              Page 13 of 14

    HB076220.100 - 4 - XXXX 4/1/2026 9:55 PM                           Engrossed
   UNOFFICIAL COPY                                          26 RS HB 762/EN

1  deemed finally discharged, provided no warrant issued by the court is pending

2  against him or her, and probation, probation with an alternative sentence, or

3  conditional discharge has not been revoked.

4 (5) Notwithstanding the fact that a sentence to probation, probation with an alternative

5  sentence, or conditional discharge can subsequently be modified or revoked, a

6  judgment that[which] includes such a sentence shall constitute a final judgment for

7  purposes of appeal.

8  Section 11. The secretary of the Personnel Cabinet is directed to work with the

9 Department of Public Advocacy to develop and implement a new classification series for

10 Department of Public Advocacy Attorneys that will have a minimum entry level starting

11 salary of at least $67,500 annually, effective no later than September 16, 2026. When the

12 new classification series is implemented, the secretary of the Personnel Cabinet and the

13 Department of Public Advocacy shall grant existing attorneys, currently classified as

14 Staff Attorney I, II, III, Staff Attorney Supervisor, or Staff Attorney Manager/Asst

15 General Counsel a 10% increase in annual compensation or an annual salary of $67,500,

16 whichever is greater, as they are reallocated to the new classification series.

                                             Page 14 of 14

   HB076220.100 - 4 - XXXX 4/1/2026 9:55 PM                                         Engrossed
Every fact on this page links to its source, starting with the official bill record.