Kentucky Statutes 196.111 – Evidence-based practices to be used in treatment and intervention programs — Standards — Funding restrictions
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(1) As used in this section, “evidence-based practices” means supervision policies, procedures, treatment and intervention programs, and practices that scientific research demonstrates reduce recidivism among inmates and individuals on probation, parole, or other form of post-release supervision when implemented competently.
(2) In order to increase the effectiveness of treatment and intervention programs funded by the state and provided by the department for inmates, probationers, and parolees, the department shall require that such programs use evidence-based practices.
(3) The department shall measure the effectiveness of each treatment and intervention program and demonstrate that the program has a documented evidence base and has been evaluated for effectiveness in reducing recidivism.
(4) The department shall promulgate administrative regulations to provide, at a minimum:
(a) A process for reviewing the objective criteria for evidence-based practices established by the agency providing the program;
(b) A process for auditing the effectiveness of the program;
(c) An opportunity for programs that do not meet the criteria based on the audit results to improve performance; and
(d) A mechanism to defund any program that does not meet the criteria upon a second audit.
(5) Beginning July 1, 2012, twenty-five percent (25%) of state moneys expended on programs shall be for programs that are in accordance with evidence-based practices. Beginning July 1, 2014, fifty percent (50%) of state moneys expended on programs shall be for programs that are in accordance with evidence-based practices. Beginning July 1, 2016, and thereafter, seventy-five percent (75%) of state moneys expended on programs shall be for programs that are in accordance with evidence-based practices.
(6) By fiscal year 2016-2017, the department shall eliminate supervision policies, procedures, programs, and practices intended to reduce recidivism that scientific research demonstrates do not reduce recidivism. However, the department may utilize a new supervision policy, procedure, program, or practice if the department determines that the new supervision policy, procedure, program, or practice has the potential for qualifying as an evidence-based practice after more scientific research is conducted.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 156, sec. 20, effective July 12, 2012. — Created
2011 Ky. Acts ch. 2, sec. 50, effective June 8, 2011.
(2) In order to increase the effectiveness of treatment and intervention programs funded by the state and provided by the department for inmates, probationers, and parolees, the department shall require that such programs use evidence-based practices.
Terms Used In Kentucky Statutes 196.111
- Department: means the Department of Corrections. See Kentucky Statutes 196.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Evidence-based practices: means policies, procedures, programs, and practices proven by scientific research to reliably produce reductions in recidivism when implemented competently. See Kentucky Statutes 446.010
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(3) The department shall measure the effectiveness of each treatment and intervention program and demonstrate that the program has a documented evidence base and has been evaluated for effectiveness in reducing recidivism.
(4) The department shall promulgate administrative regulations to provide, at a minimum:
(a) A process for reviewing the objective criteria for evidence-based practices established by the agency providing the program;
(b) A process for auditing the effectiveness of the program;
(c) An opportunity for programs that do not meet the criteria based on the audit results to improve performance; and
(d) A mechanism to defund any program that does not meet the criteria upon a second audit.
(5) Beginning July 1, 2012, twenty-five percent (25%) of state moneys expended on programs shall be for programs that are in accordance with evidence-based practices. Beginning July 1, 2014, fifty percent (50%) of state moneys expended on programs shall be for programs that are in accordance with evidence-based practices. Beginning July 1, 2016, and thereafter, seventy-five percent (75%) of state moneys expended on programs shall be for programs that are in accordance with evidence-based practices.
(6) By fiscal year 2016-2017, the department shall eliminate supervision policies, procedures, programs, and practices intended to reduce recidivism that scientific research demonstrates do not reduce recidivism. However, the department may utilize a new supervision policy, procedure, program, or practice if the department determines that the new supervision policy, procedure, program, or practice has the potential for qualifying as an evidence-based practice after more scientific research is conducted.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 156, sec. 20, effective July 12, 2012. — Created
2011 Ky. Acts ch. 2, sec. 50, effective June 8, 2011.