11 CHANGES IN ARREST POWERS IN HB 463

22 NOTE: Officers should have a copy of DOCJT handout entitled: “House Bill 463 Training Letter” “House Bill 463 Training Letter” before viewing this presentation. You can download and print the letter from our web site: ArrestGuidelines.pdf ArrestGuidelines.pdf

33 OBJECTIVES 1. Officers will understand how to apply the revisions as outlined in KRS (1)(b)(2). 2.Officers will understand how to apply the revisions as outlined in KRS (1)(b)(3). 3.Officers will understand how to apply the revisions as outlined in KRS (1)(c).

44 OBJECTIVES 4. Officers will understand how to apply the revisions as outlined in KRS (1)(b)(1). 5. Officers will understand how to apply the language found in KRS (2). 6. Officers will understand they still have authority to arrest if they have a reasonable belief that the actor will not appear in court on the date and time listed on the citation.

55 OBJECTIVES 7. Officers will understand that there are statutes outside KRS Chapter 431 that provide for arrest authority. It is the opinion of the Attorney General of Kentucky and the DOCJT Legal Training Staff that these arrest powers were not affected by the revisions – BUT – officers and their agencies need to confer with their prosecutors for guidance as to these matters.

66 HB 463 Signed into law on March 3, It took effect at 12:01 a.m. on Wednesday, June 8, Main purpose of the bill was to reduce the cost of incarceration in the state’s prisons and county and regional jails by reducing the prisoner population

77 This is achieved by: Reducing sentences for various offenses, especially controlled substances offenses Reducing sentences for various offenses, especially controlled substances offenses Reducing the number of arrests by limiting the discretion of officers to make arrests on misdemeanor offenses. Reducing the number of arrests by limiting the discretion of officers to make arrests on misdemeanor offenses. The law provides for some exceptions to the restrictions.

88 REMEMBER... CONSULT WITH YOUR LOCAL PROSECUTORS REGARDING OUR TRAINING, AND FOLLOW THEIR ADVICE AS HE OR SHE WILL BETTER KNOW THE LOCAL RULES AND CUSTOMS OF YOUR SPECIFIC COURTS!

99 HB 463, Section 46 This is the section that affects arrest powers. It amends KRS and re-titles it “Citation for Misdemeanor – Arrest for Certain Misdemeanors - Failure to Appear.”

10 You may still arrest for breach of the peace misdemeanors, e.g. disorderly conduct, when the act the actor is engaging in poses a danger to himself or others. You MUST document exactly what the risk is in the post arrest complaint! Be specific!

11 KRS (1)(b)(3) Officers may make an arrest instead of issuing a citation for a misdemeanor committed in his or her presence if the defendant refuses to follow the peace officer’s reasonable instructions. CRITICAL THAT YOU DOCUMENT: Your exact instructions The defendant’s conduct or words constituting refusal

12 What do you think? You respond to a gas-mart regarding an irate customer who refuses to leave. The manager tells you that the customer is causing a disturbance and wants him to leave. You advise the customer that since the manager has requested him to leave he must leave immediately. The customer refuses to leave until his concerns are addressed. Will you arrest or cite?

13 It is our opinion that an arrest of the subject for Criminal Trespass 2 nd Degree would be justified. You MUST document that the manager asked you to escort the customer out, and that he refused to comply with your reasonable instruction. Be very specific about the language you used.

14 What if the defendant accepts the citation, but then refuses to leave? You may arrest, BUT you MUST explain to the court that you made a “reasonable request” to the defendant, and that he refused to comply. Be SPECIFIC about what you requested, and what the response of the defendant was. You should consult with your prosecutor as to what your jurisdiction will hold to be a “reasonable request” as required by the statute.

15 KRS (1)(c) Peace officers SHALL make an arrest for violations of protective orders, issued per KRS to THIS IS EXACTLY THE SAME AS IT WAS BEFORE. Just a restatement. If you have probable cause to believe a subject is in violation of a condition of an EPO or DVO, you SHALL arrest them.

16 KRS (1)(b)(1) Peace officers may make an arrest instead of issuing a citation for a misdemeanor committed in his or her presence if the misdemeanor is a violation of KRS Chapters 508, 510, or 527, or KRS 189A.010.

17 The arrest authority relating to these statutes is UNCHANGED. As before, it is your discretion to arrest or to cite as you see fit, or pursuant to your agency policies. These specific offenses are listed in the handout as numbers 1 through 17.

18 KRS (2) This is unchanged regarding your statutory authority to arrest on specifically listed violations. In the handout, these are listed as offense numbers 18 – 27. Ironically, while you will be ordinarily obligated to cite for Criminal Trespass 1 st & 2 nd, you will still be able to arrest on Trespass 3 rd at your discretion.

19 What if you don’t think he will appear in court? You still have the authority to arrest rather than cite on a misdemeanor if you have reason to believe that he will not appear. You must be specific in your post arrest complaint why you believed that. Merely being an out of state resident in most jurisdictions will not be enough of a reasonable belief. CONFER WITH YOUR PROSECUTORS!

20 What about statutory authority outside of KRS Chapter 431? In the handout is a section entitled “Arrest Authority outside of KRS Chapter 431”. DOCJT sought guidance from the Office of the Attorney General regarding these arrest powers. The A.G.’s office provided DOCJT with a letter that indicates agreement with our interpretation that arrest powers in other statutes were NOT affected.

21 We believe authority for items 28 – 35 is unchanged, such as authority to arrest a shoplifter per KRS (3). BUT, CONSULT WITH YOUR PROSECUTOR ABOUT THESE OFFENSES TO SEE IF HE OR SHE AGREES AND BELIEVES IT WILL BE VIABLE IN YOUR JURISDICTION! Proceed accordingly. Note that OAG opinions are not legally binding authority on your local judges.

22 In Conclusion The net effect will be to reduce discretionary arrests. Your ability to arrest for misdemeanors for cause as discussed will stand, BUT YOU MUST EXPLAIN AND JUSTIFY YOUR ACTIONS!

23 QUESTIONS? If you have any questions, please send them to: