.160 Furnishing potential employer with person's record of convictions, guilty pleas, and Alford pleas involving specified crimes.
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17.160 Furnishing potential employer with person's record of convictions, guilty
pleas, and Alford pleas involving specified crimes.
(1)
Notwithstanding any other provision of law, an employer may request from the
Justice Cabinet or the Administrative Office of the Courts, or both, records of all
available convictions involving any felony offense, any misdemeanor offense in
KRS Chapter 531 or KRS Chapter 510, any misdemeanor offense under KRS
Chapter 218A committed within the five (5) years immediately preceding the
application, or any conviction for violating KRS Chapter 189A committed within
the five (5) years immediately preceding the application of a person who applies for
employment or volunteers for a position in which he or she would have supervisory
or disciplinary power over a minor. The cabinet or the Administrative Office of the
Courts, as appropriate, shall furnish the information to the requesting employer and
shall also send a copy of the information to the applicant.
(2)
Any request for records under subsection (1) of this section shall be on a form
approved by the cabinet and the Administrative Office of the Courts. No fee shall be
charged to the employer or to the person whose records were requested if funding
for the record checks provided for in this section is provided through some other
mechanism; otherwise the cabinet or the Administrative Office of the Courts may
charge a fee to be paid by the organization making the request, not to exceed the
actual cost of processing the request.
(3)
The cabinet and the Administrative Office of the Courts shall adopt administrative
regulations to implement the provisions of this section. No administrative regulation
shall be adopted requiring or authorizing the fingerprinting of applicants.
(4)
As used in this section "employer" means any organization chartered by the
Congress of the United States or specified by the Attorney General which employs
or uses the services of volunteers or paid employees in positions in which the
volunteer or employee has supervisory or disciplinary power over a child or
children. An organization which has an administrative office with paid personnel
which has jurisdiction over suborganizations in one (1) or more counties shall make
application for record checks through the administrative office of the organization
and not through each individual suborganization.
(5)
Offenses which may be searched for under this section are ones involving any
conviction, plea of guilty, or Alford plea, to any offense specified in subsection (1)
of this section or the attempted violation of any offense specified in subsection (1)
of this section. Conviction for a violation or attempted violation of an offense
committed outside the Commonwealth of Kentucky is a crime if such offense would
have been a crime in Kentucky under subsection (1) of this section if committed in
Kentucky.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 290, sec. 1, effective July 15, 1996. -- Created
1984 Ky. Acts ch. 382, sec. 10, effective July 13, 1984.
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