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15A.020 Organization of Justice and Public Safety Cabinet.
(1)
(2)
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;
2.
Administrative Division; and
3.
Training Support Division;
(c) Department of Juvenile Justice, which shall have the following divisions:
1.
Division of Medical Services;
2.
Division of Western Region;
3.
Division of Central Region;
4.
Division of Eastern Region;
5.
Division of Southeastern Region;
6.
Division of Administrative Services;
7.
Division of Program Services;
8.
Division of Placement Services;
9.
Division of Professional Development; and
10. Division of Community and Mental Health Services;
(d) Department of Kentucky State Police, which shall have the following
divisions:
1.
Administrative Division;
2.
Operations Division;
3.
Technical Services Division; and
4.
Commercial Vehicle Enforcement Division; and
(e) Department for 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; and
5.
Division of Conflict Services.
Each department, except for the Department for Public Advocacy, shall be headed
by a commissioner who shall be appointed by the secretary of justice and public
safety 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 for 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 for Public Advocacy is an
(3)
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 for Public Advocacy's information
technology equipment and use unless granted access by court order.
The Justice and Public Safety Cabinet shall have the following offices:
(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 Management and Administrative Services, 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, state and federal grants management, including
but not limited to the administration of KRS 15A.060, fiscal functions,
management and daily operations of the information processing activities for
the cabinet, and management and daily administrative services for the cabinet;
and who, with the approval of the secretary, may employ such staff as
necessary to perform the duties, functions, and responsibilities of the office;
(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 for
Public Advocacy only when the investigation will have no prejudicial
impact upon a person who has an existing attorney-client relationship
with the Department for 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.
(d)
(e)
(f)
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;
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;
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
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.
Effective: June 25, 2013
History: 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.
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.
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