15A.195 Prohibition against racial profiling -- Model policy -- Local law
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/ky/15a-195A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
enforcement agencies' policies.
(1)No state law enforcement agency or official shall stop, detain, or search any person
when such action is solely motivated by consideration of race, color, or ethnicity,
and the action would constitute a violation of the civil rights of the person.
(2)The secretary of the Justice and Public Safety Cabinet, in consultation with the
Kentucky Law Enforcement Council, the Attorney General, the Department of
Criminal Justice Training, the secretary of the Transportation Cabinet, the
Department of Kentucky State Police, the secretary of the Energy and Environment
Cabinet, and the secretary of the Public Protection Cabinet, shall design and
implement a model policy to prohibit racial profiling by state law enforcement
agencies and officials.
(3)The Kentucky Law Enforcement Council shall disseminate the established model
policy against racial profiling to all sheriffs and local law enforcement officials,
including local police departments, city councils, and fiscal courts. All local law
enforcement agencies and sheriffs' departments are urged to implement a written
policy against racial profiling or adopt the model policy against racial profiling as
established by the secretary of the Justice and Public Safety Cabinet within one
hundred eighty
(180)days of dissemination of the model policy. A copy of any
implemented or adopted policy against racial profiling shall be filed with the
Kentucky Law Enforcement Council and the Kentucky Law Enforcement
Foundation Program Fund.
(a)Each local law enforcement agency that participates in the Kentucky Law
Enforcement Foundation Program fund under KRS 15.420 in the
Commonwealth shall implement a policy banning the practice of racial
profiling that meets or exceeds the requirements of the model policy
disseminated under subsection
(3)of this section. The local law enforcement
agency's policy shall be submitted by the local law enforcement agency to the
secretary of the Justice and Public Safety Cabinet within one hundred eighty
(180)days of dissemination of the model policy by the Kentucky Law
Enforcement Council under subsection
(3)of this section. If the local law
enforcement agency fails to submit its policy within one hundred eighty
days of dissemination of the model policy, or the secretary rejects a policy
submitted within the one hundred and eighty
(180)days, that agency shall not
receive Kentucky Law Enforcement Foundation Program funding until the
secretary approves a policy submitted by the agency.
(b)If the secretary of the Justice and Public Safety Cabinet approves a local law
enforcement agency's policy, the agency shall not change its policy without
obtaining approval of the new policy from the secretary of the Justice and
Public Safety Cabinet. If the agency changes its policy without obtaining the
secretary's approval, the agency shall not receive Kentucky Law Enforcement
Foundation Program funding until the secretary approves a policy submitted
by the agency.
(5)Each local law enforcement agency shall adopt an administrative action for officers found not in compliance with the agency's policy. The administrative action shall be in accordance with other penalties enforced by the agency's administration for similar officer misconduct.