15A.020 Organization of Justice and Public Safety Cabinet.
Download pdf
Loading PDF...
<![CDATA[
Page 1 of 4
15A.020 Organization of Justice and Public Safety Cabinet.
(1) The Justice and Public Safety Cabinet shall have the following departments:
(a) Department of Corrections; <br>(b) Department of Criminal Justice Training, which shall have the following
divisions: <br>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: <br>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; and
4.
Division of Post-Trial Services.
(2) 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 <br>safety with the approval of the Governor as required by KRS 12.040. Each <br>commissioner shall be directly responsible to the secretary and shall have such <br>functions, powers, and duties as provided by law and as the secretary may prescribe. <br>The Department for Public Advocacy shall be headed by the public advocate, <br>appointed as required by KRS 31.020, who shall be directly responsible to the <br>Public Advocacy Commission. The Department for Public Advocacy is an <br>independent state agency which shall be attached to the Justice and Public Safety
Page 2 of 4
Cabinet for administrative purposes only. The Justice and Public Safety Cabinet <br>shall not have control over the Department for Public Advocacy's information <br>technology equipment and use unless granted access by court order.
(3) 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 <br>for the secretary and other duties as assigned by the secretary, and which, with <br>the approval of the secretary, may employ such staff as necessary to perform <br>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 <br>responsible to and report to the secretary and be responsible for all matters <br>relating to human resources, state and federal grants management, including <br>but not limited to the administration of KRS 15A.060, fiscal functions, <br>management and daily operations of the information processing activities for <br>the cabinet, and management and daily administrative services for the cabinet; <br>and who, with the approval of the secretary, may employ such staff as <br>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 to provide legal representation <br>and services for the cabinet. The executive director shall be directly <br>responsible to and report to the secretary and, with the approval of the <br>secretary, may employ such attorneys appointed pursuant to KRS 12.210 and <br>other staff as necessary to perform the duties, functions, and responsibilities of <br>the office;
(d) Office of Legislative and Intergovernmental Services, which shall be headed
by an executive director appointed pursuant to KRS 12.050 who shall be <br>responsible for all matters relating to the provision of support to the Criminal <br>Justice Council, legislative liaison services, and functions and duties vested in <br>the Criminal Justice Council as described in KRS 15A.030. The executive <br>director shall be directly responsible to and report to the secretary and may <br>employ such staff as necessary to perform the duties, functions, and <br>responsibilities of the office;
(e) 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 <br>responsible for all matters relating to forensic pathology and forensic <br>toxicology and other duties as assigned by the secretary. The executive <br>director appointed pursuant to KRS 12.050 shall be responsible for all matters <br>related to the administrative support of the Office of the State Medical <br>Examiner. The executive director shall report directly to the secretary and with <br>the approval of the secretary may employ such administrative support staff as <br>necessary to perform the administrative duties, functions, and responsibilities <br>of the office. The chief medical examiner shall be directly responsible to and
Page 3 of 4
report to the secretary and may employ such staff as necessary to perform the <br>forensic duties, functions, and responsibilities of the office;
(f) 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 <br>relating to the research, coordination, and execution of drug control policy and <br>for the management of state and federal grants, including but not limited to the <br>prevention and treatment related to substance abuse. By December 31 of each <br>year, the Office of Drug Control Policy shall review, approve, and coordinate <br>all current projects of any substance abuse program which is conducted by or <br>receives funding through agencies of the executive branch. This oversight <br>shall extend to all substance abuse programs which are principally related to <br>the prevention or treatment, or otherwise targeted at the reduction, of <br>substance abuse in the Commonwealth. The Office of Drug Control Policy <br>shall promulgate administrative regulations consistent with enforcing this <br>oversight authority. The executive director shall be directly responsible to and <br>report to the secretary and may employ such staff as necessary to perform the <br>duties, functions, and responsibilities of the office; and
(g) Office of Investigations, which shall be headed by an executive director
appointed pursuant to KRS 12.050 who shall be responsible for investigating <br>all complaints regarding the facilities, staff, treatment of juveniles, and other <br>matters relating to the operation of the Justice and Public Safety Cabinet. If it <br>appears that there is a violation of statutes, administrative regulations, <br>policies, court decisions, the rights of juveniles who are subject to the orders <br>of the department, or any other matter relating to the Justice and Public Safety <br>Cabinet, the office shall report to the secretary of the Justice and Public Safety <br>Cabinet who shall, if required, refer the matter to a law enforcement agency, <br>Commonwealth's attorney, county attorney, the Attorney General, or federal <br>agencies, as appropriate. The executive director shall be directly responsible <br>to and report to the secretary and, with the approval of the secretary, may <br>employ such staff as necessary to perform the duties, functions, and <br>responsibilities of the office. The Office of Investigations may be used to <br>investigate matters in which there is a suspicion of violation of written policy, <br>administrative regulation, or statutory law within the Department for Public <br>Advocacy only when such investigation will have no prejudicial impact upon <br>a person who has an existing attorney-client relationship with the Department <br>for Public Advocacy. Notwithstanding the provisions of this paragraph, <br>investigation and discipline of KRS Chapter 16 personnel shall continue to be <br>conducted by the Department of Kentucky State Police pursuant to KRS <br>Chapter 16. The Office of Investigations shall conduct no other investigations.
Effective: June 25, 2009 <br>History: 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 <br>June 26, 2007. -- Amended 2001 Ky. Acts ch. 64, sec. 1, effective June 21, 2001. -- <br>Amended 1994 Ky. Acts ch. 227, sec. 2, effective July 15, 1994. -- Amended 1986
Page 4 of 4
Ky. Acts ch. 64, sec. 3, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 343, <br>sec. 2, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 74, Art. V. sec. 2.
Legislative Research Commission Note (6/25/2009). This section was amended by 2009
Ky. Acts chs. 15 and 75, which do not appear to be in conflict and have been codified <br>together.
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 <br>created by 2007 Ky. Acts ch. 85, secs. 7 and 40, and Executive Order 2006-805 is <br>the "Department for Public Advocacy." In accordance with 2007 Ky. Acts ch. 85, <br>sec. 335, and KRS 7.136, the erroneous references in this section have been corrected <br>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 <br>Criminal Justice Council is actually created and described in 2007 Ky. Acts ch. 85, <br>sec. 37, codified as KRS 15A.075.
]]>