Kentucky Statutes 197.410 – Definitions of “sexual offender,” “eligible sexual offender,” and “department.”
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(1) A person is considered to be a “sexual offender” as used in this chapter when he or she has been adjudicated guilty of a sex crime, as defined in KRS § 17.500, or any similar offense in another jurisdiction.
(2) A sexual offender becomes an “eligible sexual offender” when the sentencing court or department officials, or both, determine that the offender:
(a) Has demonstrated evidence of a mental, emotional, or behavioral disorder, but not active psychosis or an intellectual disability; and
(b) Is likely to benefit from the program.
(3) “Department” is the Department of Corrections.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 28, effective July 12, 2012. — Amended
2000 Ky. Acts ch. 401, sec. 31, effective April 11, 2000. — Amended 1998 Ky. Acts ch. 606, sec. 186, effective July 15, 1998. — Amended 1992 Ky. Acts ch. 211, sec.
64, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 497, sec. 18, effective
July 13, 1990. — Created 1986 Ky. Acts ch. 478, sec. 2, effective July 15, 1986.
(2) A sexual offender becomes an “eligible sexual offender” when the sentencing court or department officials, or both, determine that the offender:
Terms Used In Kentucky Statutes 197.410
- Department: means Department of Corrections. See Kentucky Statutes 197.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Sexual offender: means any person convicted of, pleading guilty to, or entering an
Alford plea to a sex crime as defined in KRS §. See Kentucky Statutes 197.010
(a) Has demonstrated evidence of a mental, emotional, or behavioral disorder, but not active psychosis or an intellectual disability; and
(b) Is likely to benefit from the program.
(3) “Department” is the Department of Corrections.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 28, effective July 12, 2012. — Amended
2000 Ky. Acts ch. 401, sec. 31, effective April 11, 2000. — Amended 1998 Ky. Acts ch. 606, sec. 186, effective July 15, 1998. — Amended 1992 Ky. Acts ch. 211, sec.
64, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 497, sec. 18, effective
July 13, 1990. — Created 1986 Ky. Acts ch. 478, sec. 2, effective July 15, 1986.