KRS § 196.288 — KY Code / Title XVII / Chapter 196 / Section 196.288
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
Status: in_force

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.

(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.