Ky. Rev. Stat. § 15A.020

Current through 2024 Ky. Acts ch.225

Section 15A.020 - Organization of Justice and Public Safety Cabinet

(1) The Justice and Public Safety Cabinet shall have the following departments:

(a) Department of Corrections;

(b) Department of Criminal Justice Training, which shall have the following divisions:

1. Training Operations Division; and

2. Administrative Division;

(c) Department of Juvenile Justice, which shall have the following offices and divisions:

1. Office of Program Operations, which shall have the following divisions:

a. Division of Western Region;

b. Division of Eastern Region; and

c. Division of Placement Services;

2. Office of Support Services, which shall have the following divisions:

a. Division of Administrative Services;

b. Division of Program Services; and

c. Division of Professional Development;

3. Office of Community and Mental Health Services, which shall have the following division:

a. Division of Community and Mental Health Services;

4. Office of Detention, which shall require that all detention centers report to one (1) supervisor who reports directly to the commissioner, and which shall have the following division:

a. Division of Transportation; and

5. Division of Compliance;

(d) Department of Kentucky State Police, which shall have the following offices and divisions:

1. Office of Administrative Services, which shall be headed by an executive director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the commissioner;

a. Division of Operational Support, which shall be headed by a director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the executive director of the Office of Administrative Services; and

b. Division of Management Services, which shall be headed by a director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the executive director of the Office of Administrative Services;

2. Office of Operations, which shall be headed by an executive director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the commissioner;

a. Division of West Troops, which shall be headed by a director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the executive director of the Office of Operations;

b. Division of East Troops, which shall be headed by a director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the executive director of the Office of Operations;

c. Division of Special Enforcement, which shall be headed by a director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the executive director of the Office of Operations; and

d. Division of Commercial Vehicle Enforcement, which shall be headed by a director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the executive director of the Office of Operations; and

3. Office of Technical Services, which shall be headed by an executive director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the commissioner;

a. Division of Forensic Services, which shall be headed by a director who shall have a minimum of a bachelor's degree in a natural science and at least seven (7) years of experience in an accredited forensic laboratory, who shall be appointed by the commissioner of the Department of Kentucky State Police, and who shall report to the executive director of the Office of Technical Services;

b. Division of Electronic Services, which shall be headed by a director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the executive director of the Office of Technical Services; and

c. Division of Records Management, which shall be headed by a director who shall be appointed by the commissioner of the Department of Kentucky State Police and who shall report to the executive director of the Office of Technical Services; and

(e) Department of Public Advocacy, which shall have the following divisions:

1. Protection and Advocacy Division;

2. Division of Law Operations;

3. Division of Trial Services;

4. Division of Post-Trial Services;

5. Division of Conflict and Contract Services; and

6. Division of Education, Strategic Planning, and Recruitment.

(2) Each department, except for the Department of Public Advocacy, shall be headed by a commissioner who shall be appointed by the secretary of the Justice and Public Safety Cabinet with the approval of the Governor as required by KRS 12.040. Each commissioner shall be directly responsible to the secretary and shall have such functions, powers, and duties as provided by law and as the secretary may prescribe. The Department of Public Advocacy shall be headed by the public advocate, appointed as required by KRS 31.020, who shall be directly responsible to the Public Advocacy Commission. The Department of Public Advocacy is an independent state agency which shall be attached to the Justice and Public Safety Cabinet for administrative purposes only. The Justice and Public Safety Cabinet shall not have control over the Department of Public Advocacy's information technology equipment and use unless granted access by court order.

(3) The Justice and Public Safety Cabinet shall have the following offices and divisions:

(a) Office of the Secretary, which shall be headed by a deputy secretary appointed pursuant to KRS 12.050 and responsible for the direct administrative support for the secretary and other duties as assigned by the secretary, and which, with the approval of the secretary, may employ such staff as necessary to perform the duties, functions, and responsibilities of the office;

(b) Office of Human Resource Management, which shall be headed by an executive director appointed pursuant to KRS 12.050 who shall be responsible to and report to the secretary and be responsible for all matters relating to human resources, and who, with the approval of the secretary, may employ such staff as necessary to perform the duties, functions, and responsibilities of the office;

1. Division of Human Resource Administration, which shall be headed by a director appointed pursuant to KRS 12.050 who shall report to the executive director of the Office of Human Resource Management; and

2. Division of Employee Management, which shall be headed by a director appointed pursuant to KRS 12.050 who shall report to the executive director of the Office of Human Resource Management;

(c) Office of Legal Services, which shall be headed by an executive director appointed pursuant to KRS 12.050 and 12.210, that:

1. Shall provide legal representation and services for the cabinet; and

2. May investigate all complaints regarding the facilities, staff, treatment of juveniles, and other matters relating to the operation of the Justice and Public Safety Cabinet. If it appears that there is a violation of statutes, administrative regulations, policies, court decisions, the rights of juveniles who are subject to the orders of the department, or any other matter relating to the Justice and Public Safety Cabinet, the office shall report to the secretary of the Justice and Public Safety Cabinet who shall, if required, refer the matter to a law enforcement agency, Commonwealth's attorney, county attorney, the Attorney General, or federal agencies, as appropriate. The office may be used to investigate matters in which there is a suspicion of violation of written policy, administrative regulation, or statutory law within the Department of Public Advocacy only when the investigation will have no prejudicial impact upon a person who has an existing attorney-client relationship with the Department of Public Advocacy. Notwithstanding the provisions of this subparagraph, investigation and discipline of KRS Chapter 16 personnel shall continue to be conducted by the Department of Kentucky State Police pursuant to KRS Chapter 16. The office shall conduct no other investigations under the authority granted in this subparagraph. The secretary may, by administrative order, assign the investigative functions in this subparagraph to a branch within the office.

The executive director shall be directly responsible to and report to the secretary and, with the approval of the secretary, may employ such attorneys appointed pursuant to KRS 12.210 and other staff as necessary to perform the duties, functions, and responsibilities of the office;

(d) Office of Legislative and Intergovernmental Services, which shall be headed by an executive director appointed pursuant to KRS 12.050 who shall be responsible for all matters relating to the provision of support to the Criminal Justice Council, legislative liaison services, and functions and duties vested in the Criminal Justice Council as described in KRS 15A.030. The executive director shall be directly responsible to and report to the secretary and may employ such staff as necessary to perform the duties, functions, and responsibilities of the office;

(e) Office of Communications, which shall be headed by an executive director appointed by the secretary of the Justice and Public Safety Cabinet pursuant to KRS 12.050 who shall be responsible to report to the secretary and be responsible for all matters relating to communications, and who, with the approval of the secretary, may employ such staff as necessary to perform the duties, functions, and responsibilities of the office;

1. Information and Technology Services Division, which shall be headed by a director appointed by the secretary of the Justice and Public Safety Cabinet pursuant to KRS 12.050 who shall report to the executive director of the Office of Communications;

(f) Office of Financial Management Services, which shall be headed by an executive director appointed by the secretary of the Justice and Public Safety Cabinet pursuant to KRS 12.050 who shall be responsible to report to the secretary and be responsible for all matters relating to fiscal functions, and who, with the approval of the secretary, may employ such staff as necessary to perform the duties, functions, and responsibilities of the office;

1. Division of Financial Management, which shall be headed by a director appointed by the secretary of the Justice and Public Safety Cabinet pursuant to KRS 12.050 who shall report to the executive director of the Office of Financial Management Services;

(g) Grants Management Division, which shall be headed by a director appointed by the secretary of the Justice and Public Safety Cabinet pursuant to KRS 12.050 who shall be responsible to report to the secretary and be responsible for all matters relating to state and federal grants management, and who, with the approval of the secretary, may employ such staff as necessary to perform the duties, functions, and responsibilities of the office;

(h) Office of the Kentucky State Medical Examiner, which shall be headed by a chief medical examiner appointed pursuant to KRS 72.240 who shall be responsible for all matters relating to forensic pathology and forensic toxicology and other duties as assigned by the secretary. The executive director appointed pursuant to KRS 12.050 shall be responsible for all matters related to the administrative support of the Office of the State Medical Examiner. The executive director shall report directly to the secretary and with the approval of the secretary may employ such administrative support staff as necessary to perform the administrative duties, functions, and responsibilities of the office. The chief medical examiner shall be directly responsible to and report to the secretary and may employ such staff as necessary to perform the forensic duties, functions, and responsibilities of the office; and

(i) Office of Drug Control Policy, which shall be headed by an executive director appointed pursuant to KRS 12.050 who shall be responsible for all matters relating to the research, coordination, and execution of drug control policy and for the management of state and federal grants, including but not limited to the prevention and treatment related to substance abuse. By December 31 of each year, the Office of Drug Control Policy shall review, approve, and coordinate all current projects of any substance abuse program which is conducted by or receives funding through agencies of the executive branch. This oversight shall extend to all substance abuse programs which are principally related to the prevention or treatment, or otherwise targeted at the reduction, of substance abuse in the Commonwealth. The Office of Drug Control Policy shall promulgate administrative regulations consistent with enforcing this oversight authority. The executive director shall be directly responsible to and report to the secretary and may employ such staff as necessary to perform the duties, functions, and responsibilities of the office.

KRS 15A.020

Effective: June 29, 2021

Amended 2021 Ky. Acts ch. 82, sec. 2, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 192, sec. 1, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 38, sec. 1, effective June 29, 2017; and ch. 167, sec. 2, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 72, sec. 10, effective June 25, 2013. -- Amended 2012 Ky. Acts ch. 151, sec. 1, effective July 12, 2012. -- Amended 2009 Ky. Acts ch. 15, sec. 2, effective June 25, 2009; and ch. 75, sec. 12, effective June 25, 2009. -- Amended 2007 Ky. Acts ch. 85, sec. 40, effective June 26, 2007. -- Amended 2001 Ky. Acts ch. 64, sec. 1, effective June 21, 2001. -- Amended 1994 Ky. Acts ch. 227, sec. 2, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 64, sec. 3, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 343, sec. 2, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 74, Art. V. sec. 2.

Amended by 2023 Ky. Acts ch. 167,§ 2, eff. 6/28/2023.

Amended by 2023 Ky. Acts ch. 106,§ 1, eff. 3/27/2023.

Amended by 2021 Ky. Acts ch. 82,§ 2, eff. 6/29/2021.

Amended by 2018 Ky. Acts ch. 192,§ 1, eff. 7/14/2018.

Amended by 2017 Ky. Acts ch. 167,§ 2, eff. 6/29/2017.

Amended by 2017 Ky. Acts ch. 38,§ 1, eff. 6/29/2017.

Amended by 2013 Ky. Acts ch. 72,§ 10, eff. 6/24/2013.

Amended by 2012 Ky. Acts ch. 151,§ 1, eff. 7/11/2012.

Amended 2009, Ky. Acts ch. 15, sec. 2, effective 6/25/2009; and ch. 75, sec. 12, effective 6/25/2009 -- Amended 2007, Ky. Acts ch. 85, sec. 40, effective 6/26/2007. -- Amended 2001, Ky. Acts ch. 64, sec. 1, effective 6/21/2001. --Amended 1994 Ky. Acts ch. 227, sec. 2, effective 7/15/1994. -- Amended 1986 Ky. Acts ch. 64, sec. 3, effective 7/15/1986. -- Amended 1982 Ky. Acts ch. 343, sec. 2, effective 7/15/1982. -- Created 1974 Ky. Acts ch. 74, Art. V. sec. 2.

Legislative Research Commission Note (6/26/2007). Although 2007 Ky. Acts ch. 85, sec. 40, contains references to the "Department of Public Advocacy," the entity created by 2007 Ky. Acts ch. 85, secs. 7 and 40, and Executive Order 2006-805 is the "Department for Public Advocacy." In accordance with 2007 Ky. Acts ch. 85, sec. 335, and KRS 7.136, the erroneous references in this section have been corrected in codification.

Legislative Research Commission Note (6/26/2007). Although subsection (3)(d) of this section states that the Criminal Justice Council is "described in KRS 15A.030," the Criminal Justice Council is actually created and described in 2007 Ky. Acts ch. 85, sec. 37, codified as KRS 15A.075.