Title III, Executive Branch

minors. (1) The Prosecutors Advisory Council shall collect statistical data regarding the investigation, prosecution, dismissal, conviction, or acquittal of any person charged with committing, attempting to commit, or complicity to a sexual offense defined by KRS Chapter 510 invo…

The Prosecutors Advisory Council shall have the power to issue subpoenas requiring the attendance of such witnesses and the production of such records, books, papers, and documents as it may deem necessary for investigation of any matter that it is authorized to consider or reaso…

The Prosecutors Advisory Council may apply for and receive funds, public or private, for the purpose of assisting Commonwealth's and county attorneys in providing crime victim assistance or in criminal prosecution. The council may provide matching funds as a condition of any gran…

The council in its sole discretion may delegate the following functions to the Office of the Attorney General: (1) Prepare budget estimates of state appropriations necessary for the maintenance and operation of the unified prosecutorial system and make recommendations in respect …

complaint against local prosecutor -- Performance of duties of local prosecutor until vacancy filled. (1) In the event of the incapacity, refusal without sufficient grounds, inability, conflict of interest of the local prosecutor, or his failure to act in a certain case or cases,…

The Attorney General, in consultation with legal, victims services, victim advocacy, and mental health professionals with an expertise in domestic violence, shall develop a prosecutor's manual for Commonwealth's Attorneys and county attorneys establishing the policies and procedu…

county attorneys and their staffs -- Completion requirements. (1) The Attorney General shall provide initial training courses and, at least once every two (2) years, continuing education courses for Commonwealth's attorneys and county attorneys and their staffs concerning: (a) Th…

(1) The Attorney General shall submit: (a) To the Governor and to the General Assembly a biennial report setting forth the activities of the unified prosecutorial system for the preceding fiscal years; to be included in this report are the activities of the Prosecutors Advisory C…

share or redistribute prosecutorial duties -- Circuit clerk's authority to issue criminal warrants. (1) The Commonwealth's attorney shall attend each Circuit Court held in his judicial circuit. He shall, except as provided in KRS 15.715 and KRS Chapter 131, have the duty to prose…

abuse multidisciplinary team. Pursuant to KRS 431.600, each Commonwealth's attorney and each county attorney shall assist any child sexual abuse multidisciplinary team established in his circuit or county, unless the Prosecutors Advisory Council has voted to relieve him of this r…

of violation of charitable gaming laws. All law enforcement agencies and investigative bodies shall notify the Office of Charitable Gaming of any investigation or prosecution of any violation of the charitable gaming laws as soon as reasonably possible after commencing the invest…

Each regular Commonwealth's attorney and county attorney shall be, ex officio, a special prosecutor of the Commonwealth, and as such shall perform such duties and render such services, at such time and places, coextensive with the Commonwealth as may be required by the Attorney G…

prosecutor. (1) For the purposes of this section the following words or phrases shall have the meaning indicated: (a) "Proceeding" includes pretrial, trial, appellate review, or other stages of litigation; (b) "Fiduciary" includes such relationships as executor, administrator, co…

charge -- Appointment of special prosecutor for duration of disqualification. (1) In the event a Commonwealth's attorney or an assistant Commonwealth's attorney, or a county attorney or an assistant county attorney is indicted by a duly-empaneled state or federal grand jury on an…

Upon certification by the Commonwealth's attorney and county attorneys to the Attorney General and for good cause shown that he, as the regular elected Commonwealth's attorney or county attorney, and his assistant or assistants, if any, should not participate in a particular pros…

The Commonwealth's attorney and county attorney shall not act as defense counsel in any criminal prosecution in any state or federal court in this Commonwealth, except in cases in which he is a party.

Nothing in this chapter shall be construed as eliminating or limiting any of the other duties of the Commonwealth's attorney or county attorney as set out in the Kentucky Revised Statutes.

(1) Each Commonwealth's attorney and each county attorney shall submit a proposed budget for his office to the Prosecutors Advisory Council to be included in the total budget of the unified prosecutorial system and submitted as part of the budget of the Office of the Attorney Gen…

Commonwealth's attorneys, county attorneys, and their staffs. (1) This section shall apply to: (a) The Attorney General and his or her staff; (b) A county attorney and his or her staff; and (c) A Commonwealth's attorney and his or her staff. (2) A person named in subsection (1) o…

allowance -- Compensation adjusted -- Private law practice regulated. (1) The compensation of each Commonwealth's attorney shall be paid out of the State Treasury. (2) The compensation of the staff of each Commonwealth's attorney shall be paid out of the State Treasury. (3) In ea…

Commonwealth's attorney. (1) (a) Any part-time Commonwealth's attorney may voluntarily become a full-time Commonwealth's attorney effective January 1, 1997, or at the beginning of any subsequent budget cycle by: 1. Not engaging in the private practice of law after the time he bec…

and witness rooms -- Victim advocate. (1) Each Commonwealth's attorney shall, during the calendar year 1977 and through June 30, 1978, be entitled to at least the number of assistant Commonwealth's attorney positions, stenographic, secretarial, and clerical staff positions, and i…

-- Private practice of law permitted. (1) Each county attorney shall receive for prosecutorial duties an annual salary to be paid out of the State Treasury which shall be the total compensation as county attorney which he received during the calendar year 1976, but which in no ev…

positions. (1) Each county attorney, with the approval of the Prosecutors Advisory Council, may appoint one (1) assistant county attorney for each District Judge in excess of one (1) in his judicial district unless prior approval is obtained from the Prosecutors Advisory Council …

the elderly. (1) The Prosecutors Advisory Council shall develop, in conjunction with the Cabinet for Health and Family Services, educational programs on the investigation and prosecution of abuse, neglect, and exploitation of the elderly and other crimes against the elderly. (2) …

As used in KRS 15.800 to 15.876, unless the context clearly dictates otherwise: (1) "Cabinet" shall mean the Cabinet for Health and Family Services; (2) "Consumer reporting agency" means any person or organization which, for monetary fees, dues, or on a cooperative nonprofit basi…

support payments -- State disbursement unit -- Cooperation with courts and officials -- Reporting of obligors -- Denial, suspension, and revocation of licenses -- Data match system -- Subpoenas -- Distribution of child support program information. (1) The duties of the Department…

All forms, child support orders, wage withholding orders, or orders amending an existing child support order, entered in any case in Circuit Court, District Court, or family court that require entry into the state case registry under KRS 15.802(3) shall be entered on forms adopte…

The payment of public assistance to or on behalf of a dependent child shall create a debt due and owing the state by the parent or parents of the child. If a court has ordered child support incident to a final divorce decree or other final order for child support, the debt shall …

Effect of termination of Title IV-D services. (1) By applying for Title IV-D services or accepting public assistance for or on behalf of a needy dependent child, the recipient shall be deemed to have made an assignment to the office of the right to any child support or maintenanc…

benefits -- Continuation of IV-D services -- Fee for services -- Exemption -- Annual fee. (1) All services available to individuals receiving public assistance under Title IV-A of the Federal Social Security Act benefits shall also be available to individuals not receiving public…

(1) Whenever the cabinet receives an application for public assistance on behalf of a needy dependent child or reviews the records of those currently receiving public assistance on behalf of a needy dependent child and it appears to the satisfaction of the cabinet that either or …

child support obligations -- Registry of information relating to parents -- Assistance from governmental agencies -- Limits on availability of information. (1) Unless the Office of the Attorney General has reason to believe allegations of child abuse or domestic violence and that…

The Office of the Attorney General shall, to the extent federal funding is available, establish a statewide program to help low-income, noncustodial parents find and keep employment. The goal of the program shall be to reduce welfare payments by helping participants become financ…

All business concerns doing business in this state, to the extent that they have employees working within this state, or maintain personnel files within this state, or are incorporated under the laws of this state, shall provide the Office of the Attorney General with the followi…

actions -- Immobilization of vehicles of child support obligors. (1) A child support lien or levy in favor of the Office of the Attorney General shall be enforceable against all real and personal property of the obligor if he has failed to make child support payment in an amount …

(1) Child support payments made pursuant to a court order shall be made through the state agency or an agency designated by the state agency to receive payments and paid to the Office of the Attorney General upon notice by the office to the court and the obligor that the child is…

If any check tendered to the Office of the Attorney General is not paid when presented to the drawee bank for payment, there shall be paid as a penalty by the payor who tendered the check, or the payor for whom the check was tendered, upon notice and demand of the office, an amou…

(1) Any payments of support made on behalf of a needy dependent child who is receiving public assistance shall be deposited by the Office of the Attorney General in a manner prescribed by the Attorney General which is consistent with state and federal law and regulations. Distrib…

The Office of the Attorney General may appear in any judicial proceeding on behalf of the dependent child in order to secure support for the child from his parent or parents.

support cases. For purposes of KRS 15.800 to 15.876, KRS Chapter 403, and KRS Chapter 407, the Circuit Court and the District Court shall have concurrent jurisdiction to establish, modify, and enforce obligations of child support in cases where the determination of paternity is n…

(1) The Office of the Attorney General shall require a parent in appropriate cases to give security, post bond, or give some other guarantee to secure payment of overdue support. (2) The Office of the Attorney General shall provide advance notice to the obligor regarding the deli…

for information. (1) The Office of the Attorney General shall periodically make information available to consumer reporting agencies regarding the amount of overdue support owed by a parent. Amounts may be reported by the office to the certified consumer reporting agency. (2) The…

child support recovery. (1) The Office of the Attorney General shall request information from a certified consumer reporting agency only when a full credit report is needed for the purpose of establishing a parent's capacity to make child support payments, determining the appropr…

(1) In cases deemed appropriate pursuant to established guidelines, the Office of the Attorney General shall refer for federal income tax refund offset and state income tax refund offset verified amounts which are owed for overdue child support and maintenance amounts that are in…

The Office of the Attorney General and the Department of Revenue shall work together to develop a system of information sharing for the effective and efficient collection of child support payments. Any requirement included in KRS Chapter 15, 131, 205, 403, or 405 or any other law…

(1) If a child is receiving services under Part D of Title IV of the Social Security Act and the Office of the Attorney General has taken action under KRS 15.800 to 15.876 or 403.215, 405.405 to 405.530 and 530.050 to obtain support on behalf of the child, matters concerning cust…

Surrender of assets when parent is subject to lien -- Fee -- Financial institutions not liable. (1) Financial institutions doing business in the Commonwealth shall enter into cooperative agreements with the Office of the Attorney General or its designee to operate a data match sy…

(1) The Office of the Attorney General shall use the wage reporting and financial institution match system formerly designed, developed, implemented, and operated by the Cabinet for Health and Family Services for the purpose of identifying the financial assets of individuals as i…

- Liability of financial institution -- Fee. (1) A financial institution furnishing a report or providing asset information of an individual owing past-due support to the Office of the Attorney General under either subsection (1) or subsection (2) of KRS 15.846 shall not disclose…