.010 Department of Public Advocacy -- Establishment -- Functions -- Independent agency.
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31.010 Department of Public Advocacy -- Establishment -- Functions --
Independent agency.
There is hereby established as an independent agency of state government, attached for
administrative purposes to the Environmental and Public Protection Cabinet, the
Department of Public Advocacy, in order to provide for the establishment, maintenance,
and operation of a state sponsored and controlled system for:
(1) The representation of indigent persons accused of crimes or mental states which
may result in their incarceration or confinement; and
(2) The pursuit of legal, administrative, and other appropriate remedies to insure the
protection of the rights of persons with disabilities. For the purposes of this chapter,
"persons with disabilities" shall refer to those persons eligible for protection and
advocacy services under Public Laws 99-319, 102-569, 103-218, 106-170, and 106-
402 as amended and any other federal enabling statute hereafter enacted that defines
the eligible client base for protection and advocacy services.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 283, sec. 1, effective July 15, 2002. -- Amended
1984 Ky. Acts ch. 338, sec. 1, effective July 13, 1984. -- Amended 1978 Ky. Acts
ch. 155, sec. 19, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 177, sec. 1. -
- Created 1972 Ky. Acts ch. 353, sec. 1.
Legislative Research Commission Note (6/20/2005). The creation of the Environmental
and Public Protection Cabinet and abolition of the Public Protection and Regulation
Cabinet under Executive Order 2004-731 was confirmed by the General Assembly in
2005 Ky. Acts ch. 123. The Department of Public Advocacy is not specifically
mentioned in either the Executive Order or the Act. However, the Executive Order
provides that all "duties, functions, responsibilities, records, equipment, staff and
support budgets of . . . the Public Protection and Regulation Cabinet are hereby
transferred to the Cabinet for Environmental and Public Protection." 2005 Ky. Acts
ch. 123, sec. 5, codified at KRS 224.10-103, similarly provides that the
Environmental and Public Protection Cabinet and its secretary are vested with "the
powers and duties previously vested in the Public Protection and Regulation
Cabinet." Pursuant to 2005 Ky. Acts ch. 123, sec. 67, the reference to the Public
Protection and Regulation Cabinet in this section has been changed to the
Environmental and Public Protection Cabinet.