196.288 Measurement and documentation of cost savings resulting from 2011 Ky.
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Acts ch. 2 -- Reinvestment or distribution of savings -- Determination of
average cost of services -- Budget allocations.
(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.
(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
of this section.