Kentucky Statutes 196.288 – Measurement and documentation of cost savings resulting from 2011 Ky. Acts ch. 2 — Reinvestment or distribution of savings — Determination of average cost of services — Budget allocations
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(1) The department shall measure and document cost savings resulting from amendments to or creation of statutes in KRS Chapters 27A, 196, 197, 431, 439,
532, 533, and 534 contained in 2011 Ky. Acts ch. 2. Measured and documented savings shall be reinvested or distributed as provided in this section.
(2) The department shall establish a baseline for measurement using the average number of inmates incarcerated at each type of penitentiary as defined in KRS
197.010 and at local jails in fiscal year 2010-2011. (3) The department shall determine the average cost of:
(a) Incarceration for each type of penitentiary as defined in KRS § 197.010 and for local jails, including health care costs, transportation costs, and other related costs, for one (1) inmate for one (1) year for the immediately preceding fiscal year;
(b) Providing probation and parole services for one (1) parolee for one (1) year for the immediately preceding fiscal year; and
(c) Reentry services and peer support as a condition of parole for those with opiate addiction and other substance abuse disorders.
(4) Beginning with the budget request for the 2012-2014 fiscal biennium, savings shall be estimated from the baseline established in subsection (2) of this section as follows:
(a) The estimated average reduction of inmates due to mandatory reentry supervision as required by KRS § 439.3406 multiplied by the appropriate average cost as determined in subsection (3)(a) of this section;
(b) The estimated average reduction of inmates due to accelerated parole hearings as required by KRS § 439.340 multiplied by the appropriate average cost as determined in subsection (3)(a) of this section;
(c) The estimated average increase of parolees due to paragraphs (a) and (b) of this subsection multiplied by the average cost as determined in subsection (3)(b) of this section; and
(d) The estimated average reduction of parolees due to parole credit for good behavior as provided in KRS § 439.345 multiplied by the average cost as determined in subsection (3)(b) of this section.
(5) The following amounts shall be allocated or distributed from the estimated amount of savings that would otherwise remain in the general fund:
(a) Twenty-five percent (25%) shall be distributed to the local corrections assistance fund established by KRS § 441.207;
(b) Fifty percent (50%) shall be distributed for the following purposes:
1. To the department to provide or to contract for the provision of substance abuse treatment in county jails, regional jails, or other local detention centers that employ evidence-based practices in behavioral health treatment or medically assisted treatment for nonstate inmates
with opiate addiction or other substance abuse disorders;
2. For KY-ASAP programs operating under KRS Chapter 15A in county jails or in facilities under the supervision of county jails that employ evidence-based behavioral health treatment or medically assisted treatment for inmates with opiate addiction or other substance abuse disorders;
3. To KY-ASAP to provide supplemental grant funding to community mental health centers for the purpose of offering additional substance abuse treatment resources through programs that employ evidence-based behavioral health treatment or medically assisted treatment;
4. To KY-ASAP to address neonatal abstinence syndrome by providing supplemental grant funding to community substance abuse treatment providers to offer residential treatment services to pregnant women through programs that employ evidence-based behavioral health treatment or medically assisted treatment;
5. To provide supplemental funding for traditional KY-ASAP substance abuse programming under KRS Chapter 15A;
6. To the department for the purchase of FDA-approved medication- assisted treatment products as a component of evidence-based treatment for inmates with opioid dependence, opioid use disorder, or other substance abuse disorders, for use in substance abuse treatment programs operated or supervised by the department. In purchasing such FDA-approved products, the department shall consider products and treatments that may minimize the risk of diversion;
7. To the Department of Public Advocacy to provide supplemental funding to the Social Worker Program for the purpose of creating additional social worker positions to develop individualized alternative sentencing plans; and
8. To the Prosecutors Advisory Council to enhance the use of rocket docket prosecutions in controlled substance cases; and
(c) In enacting the budget for the department and the judicial branch, beginning in the 2012-2014 fiscal biennium and each fiscal biennium thereafter, the General Assembly shall:
1. Determine the estimated amount necessary for reinvestment in:
a. Expanded treatment programs and expanded probation and parole services provided by or through the department; and
b. Additional pretrial services and drug court case specialists provided by or through the Administrative Office of the Courts; and
2. Shall allocate and appropriate sufficient amounts to fully fund these reinvestment programs.
(6) The amount of savings shall be estimated each year of the 2012-2014 fiscal biennium, and for each year of each fiscal biennium thereafter, as specified in subsection (4) of this section.
(7) (a) In submitting its budget request for the 2012-2014 fiscal biennium and each fiscal biennium thereafter, the department shall estimate the amount of savings measured under this section and shall request the amount necessary to distribute or allocate those savings as provided in subsection (5) of this section.
(b) In submitting its budget request for the 2012-2014 fiscal biennium and each fiscal biennium thereafter, the judicial branch shall request the amount necessary to distribute or allocate those savings as provided in subsection (5) of this section.
Effective: April 2, 2018
History: Amended 2018 Ky. Acts ch. 61, sec. 2, effective April 2, 2018. — Amended
2017 Ky. Acts ch. 167, sec. 14, effective June 29, 2017. — Amended 2015 Ky. Acts ch. 66, sec. 3, effective March 25, 2015. — Created 2011 Ky. Acts ch. 2, sec. 68, effective June 8, 2011.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, H, 5, c, (5) at 1688.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, H, 5, d, (1) at 1689.
532, 533, and 534 contained in 2011 Ky. Acts ch. 2. Measured and documented savings shall be reinvested or distributed as provided in this section.
Terms Used In Kentucky Statutes 196.288
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Biennium: means the two (2) year period commencing on July 1 in each even- numbered year and ending on June 30 in the ensuing even-numbered year. See Kentucky Statutes 446.010
- branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Corrections. See Kentucky Statutes 196.010
- Docket: A log containing brief entries of court proceedings.
- 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.
- 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 - Year: means calendar year. See Kentucky Statutes 446.010
(2) The department shall establish a baseline for measurement using the average number of inmates incarcerated at each type of penitentiary as defined in KRS
197.010 and at local jails in fiscal year 2010-2011. (3) The department shall determine the average cost of:
(a) Incarceration for each type of penitentiary as defined in KRS § 197.010 and for local jails, including health care costs, transportation costs, and other related costs, for one (1) inmate for one (1) year for the immediately preceding fiscal year;
(b) Providing probation and parole services for one (1) parolee for one (1) year for the immediately preceding fiscal year; and
(c) Reentry services and peer support as a condition of parole for those with opiate addiction and other substance abuse disorders.
(4) Beginning with the budget request for the 2012-2014 fiscal biennium, savings shall be estimated from the baseline established in subsection (2) of this section as follows:
(a) The estimated average reduction of inmates due to mandatory reentry supervision as required by KRS § 439.3406 multiplied by the appropriate average cost as determined in subsection (3)(a) of this section;
(b) The estimated average reduction of inmates due to accelerated parole hearings as required by KRS § 439.340 multiplied by the appropriate average cost as determined in subsection (3)(a) of this section;
(c) The estimated average increase of parolees due to paragraphs (a) and (b) of this subsection multiplied by the average cost as determined in subsection (3)(b) of this section; and
(d) The estimated average reduction of parolees due to parole credit for good behavior as provided in KRS § 439.345 multiplied by the average cost as determined in subsection (3)(b) of this section.
(5) The following amounts shall be allocated or distributed from the estimated amount of savings that would otherwise remain in the general fund:
(a) Twenty-five percent (25%) shall be distributed to the local corrections assistance fund established by KRS § 441.207;
(b) Fifty percent (50%) shall be distributed for the following purposes:
1. To the department to provide or to contract for the provision of substance abuse treatment in county jails, regional jails, or other local detention centers that employ evidence-based practices in behavioral health treatment or medically assisted treatment for nonstate inmates
with opiate addiction or other substance abuse disorders;
2. For KY-ASAP programs operating under KRS Chapter 15A in county jails or in facilities under the supervision of county jails that employ evidence-based behavioral health treatment or medically assisted treatment for inmates with opiate addiction or other substance abuse disorders;
3. To KY-ASAP to provide supplemental grant funding to community mental health centers for the purpose of offering additional substance abuse treatment resources through programs that employ evidence-based behavioral health treatment or medically assisted treatment;
4. To KY-ASAP to address neonatal abstinence syndrome by providing supplemental grant funding to community substance abuse treatment providers to offer residential treatment services to pregnant women through programs that employ evidence-based behavioral health treatment or medically assisted treatment;
5. To provide supplemental funding for traditional KY-ASAP substance abuse programming under KRS Chapter 15A;
6. To the department for the purchase of FDA-approved medication- assisted treatment products as a component of evidence-based treatment for inmates with opioid dependence, opioid use disorder, or other substance abuse disorders, for use in substance abuse treatment programs operated or supervised by the department. In purchasing such FDA-approved products, the department shall consider products and treatments that may minimize the risk of diversion;
7. To the Department of Public Advocacy to provide supplemental funding to the Social Worker Program for the purpose of creating additional social worker positions to develop individualized alternative sentencing plans; and
8. To the Prosecutors Advisory Council to enhance the use of rocket docket prosecutions in controlled substance cases; and
(c) In enacting the budget for the department and the judicial branch, beginning in the 2012-2014 fiscal biennium and each fiscal biennium thereafter, the General Assembly shall:
1. Determine the estimated amount necessary for reinvestment in:
a. Expanded treatment programs and expanded probation and parole services provided by or through the department; and
b. Additional pretrial services and drug court case specialists provided by or through the Administrative Office of the Courts; and
2. Shall allocate and appropriate sufficient amounts to fully fund these reinvestment programs.
(6) The amount of savings shall be estimated each year of the 2012-2014 fiscal biennium, and for each year of each fiscal biennium thereafter, as specified in subsection (4) of this section.
(7) (a) In submitting its budget request for the 2012-2014 fiscal biennium and each fiscal biennium thereafter, the department shall estimate the amount of savings measured under this section and shall request the amount necessary to distribute or allocate those savings as provided in subsection (5) of this section.
(b) In submitting its budget request for the 2012-2014 fiscal biennium and each fiscal biennium thereafter, the judicial branch shall request the amount necessary to distribute or allocate those savings as provided in subsection (5) of this section.
Effective: April 2, 2018
History: Amended 2018 Ky. Acts ch. 61, sec. 2, effective April 2, 2018. — Amended
2017 Ky. Acts ch. 167, sec. 14, effective June 29, 2017. — Amended 2015 Ky. Acts ch. 66, sec. 3, effective March 25, 2015. — Created 2011 Ky. Acts ch. 2, sec. 68, effective June 8, 2011.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, H, 5, c, (5) at 1688.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, H, 5, d, (1) at 1689.