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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 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
(3)
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.
The executive director shall be directly responsible to and report to the
secretary and, with the approval of the secretary, may employ such
(d)
(e)
(f)
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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