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Bill Summary · SB 350

Overview

SB 350 (2026 Regular Session, Kentucky) would abolish the death penalty in Kentucky. It redirects executions to life-without-parole sentences and makes related adjustments to sentencing, post-conviction DNA testing, and related procedures.

Main purpose and intent

  • Abolish capital punishment in Kentucky as of the Act’s effective date.
  • Replace death sentences with life imprisonment without the possibility of probation or parole (LWOP) and provide related sentencing reforms to ensure consistent application.

Key provisions and changes

  • Section 1: Abolition of capital punishment. Anyone sentenced to death before the Act’s effective date, where the sentence has not yet been carried out, shall be sentenced to life imprisonment without the possibility of probation or parole.
  • Section 2: DNA testing framework for certain offenders.
    • Allows DNA testing requests for individuals convicted of capital offenses, Class A or B felonies, or violent offenses (with specific caveats).
    • Outlines procedures for funding, appointment of counsel (including the Department of Public Advocacy), deposits to cover testing costs, and timelines for investigation and supplementation.
    • Establishes criteria for when DNA testing must or may be ordered, including potential discovery of exculpatory results and conditions on the status and custody of the petitioner.
    • Requires preservation of evidence, access to laboratory reports and underlying data, and potential sanctions if evidence is destroyed.
    • States that testing costs are generally the petitioner’s responsibility, with potential court-designated funding as a direct defense expense if appropriate.
    • If favorable results lead to a hearing, the court must order a hearing; if unfavorable, petition is dismissed.
  • Section 3: Adjusts sentencing for capital offenses and other felonies.
    • Replaces death sentence with imprisonment terms including LWOP, or alternative ranges (e.g., 20–50 years) for non-capital offenses, and requires jury instructions reflecting these options.
  • Section 4: Presentence investigation changes.
    • Maintains mandatory presentence investigations for felonies, with expanded content including risk/needs assessments, delinquency history, and potential psychiatric evaluations.
    • Requires comprehensive sex offender evaluations where applicable and clarifies procedures for probation, treatment, and costs.
  • Section 5: Juvenile and facility-related adjustments.
    • Amends sections governing where and how inmates are housed (jails vs. state institutions), per diems, program incentives, work release, and related transfer rules.
    • Expands per diem incentives for attendance in evidence-based programs and sets conditions for housing and transfers when bed capacity or security concerns arise.
  • Section 6–8: Probation, youthful offender, and youth justice adjustments.
    • Reforms probation eligibility and alternative sentencing, with enumerated options such as halfway houses, home incarceration, jail time with conditions, residential treatment, and reentry centers.
    • Maintains checks and balances to ensure public safety, rehabilitation, and proportionality.
    • Alters provisions for youthful offenders and capital-offense considerations in juvenile sentencing.
  • Section 9: Repeals related death-penalty statutes and related provisions (e.g., execution procedures, definitions, and appellate review standards).

Who is affected

  • Individuals convicted of capital offenses or other serious felonies in Kentucky (as to sentencing options and DNA testing rights).
  • Defendants seeking DNA testing for exculpatory evidence or enhanced resolution of conviction/sentence issues.
  • Courts, prosecutors, defense counsel, the Department of Public Advocacy, and the Department of Corrections (in terms of housing, per diems, programs, and transfers).
  • Juvenile offenders and youthful offenders, due to modified rules on sentencing and transfer to Circuit Court.

Procedural and timeline aspects

  • Effective date: The Act would take effect upon passage (specific date not provided in text).
  • If DNA testing yields exculpatory results, a hearing is required; if not, petition may be dismissed with potential notification duties.
  • Court-directed evidence preservation and production obligations apply during DNA proceedings.
  • Transition involves recharacterizing sentences previously eligible for capital punishment to LWOP or alternative terms, with jury instructions amended accordingly.
  • Repeals several death-penalty statutes and related procedures.

Note: This summary focuses on the bill’s substantive changes and practical impact, based on the bill text provided.

Compiled from official sources — confirm details with the bill’s official record.

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