More Accurately Reporting Incidents of Domestic and Dating Violence and Abuse
On July 14, Senate Bill 271 went into effect mandating comprehensive reporting on domestic violence data for cabinets and agencies across the criminal justice system in Kentucky.
Organizations, including the Kentucky State Police (KSP), the Cabinet for Health and Family Services (CHFS), and the Administrative Office of the Courts (AOC), are required to report information to the Criminal Justice Statistical Analysis Center (CJSAC), housed within the Justice and Public Safety Cabinet. CJSAC will produce an annual report from these statistics. Read more about SB 271 here.
Domestic violence is a pervasive and underreported issue in Kentucky, and thorough data collection and analysis is essential to preventing these crimes from and occurring, as well as better serving victims and survivors. Law enforcement officers interact with victims of domestic violence when they are often at their most vulnerable, and they collect critical data that can be used to protect and serve survivors.
In particular, JC-3 forms play an important role. Captain Bradley Arterburn of the KSP Criminal ID & Records Branch emphasized the importance of a JC-3 form. “The JC-3 is a document utilized by law enforcement agencies for the purpose of reporting incidents of domestic violence, abuse or neglect to the Cabinet for Health and Family Services and Criminal Justice Statistical Analysis Center.”
Capt. Arterburn continued, “This form is provided by the Kentucky State Police both in paper format, which can be obtained through the KSP Supply Department, or electronically as one of the reporting tools within the KYOPS system which is utilized by the majority of Kentucky law enforcement agencies.”
SB 271 amends KRS 209A.120 to read “The Kentucky State Police or the law enforcement officer’s agency of employment shall provide the preceding calendar year’s JC-3 data, and all other relevant data, to [CJSAC] … by February 1 of each year.”
The initial CJSAC report will be due July 1, 2023 and subsequent years after. SB 271 requires law enforcement agencies to submit their JC-3 data in February, allowing CJSAC time to analyze and compile data received into a report benefiting organizations whose mission is to provide services, treatment, housing, therapy and justice. To effectively report this statewide data, electronic submission of JC-3 forms is critical.
“By transmitting electronically, data can be submitted to the Cabinet for Health and Family Services without delay, such as delivery and processing when using paper documents,” Capt. Arterburn said. “Additionally, statistical data can be pulled from electronic reporting. Finally, paper JC-3’s are not received by KSP – these are only submitted to [the Department for Community Based Services] under the Cabinet for Health and Family Services, which means only they have the ability to query data from paper.”
Capt. Arterburn went on to state that DCBS does not receive all JC-3 reports. DCBS only receives reports about situations concerning juvenile abuse or neglect. For these reasons, paper reporting does not provide a complete record of incidents where a JC-3 form is filed.
Administrative Office of the Courts Governmental Affairs Liaison Jason Reynolds said SB 271 will do much more than collect data for the commonwealth’s law enforcement agencies.
“It’s certainly a public protection issue. The data that is to be gathered from SB 271 will go toward targeting services and addressing issues in those areas that have been identified through the data,” Reynolds said. “It can also lead to future legislation based on the information that is gathered. I think it is going to lead to targeted efforts to try to address the domestic violence abuse instances that occur in Kentucky.”
In order for law enforcement agencies, legislators and all other Kentuckians to see the most accurate information, the forms must be filed correctly, electronically and in a timely manner. Going forward, JC-3 forms will be one of the best tools for law enforcement officers to use to help reduce – and potentially end - domestic violence in the commonwealth.
Taking Action for Victims of Abuse
Since taking office, Gov. Andy Beshear has consistently championed efforts to reduce domestic and dating violence and abuse while helping victims receive the services they need. During the 2022 Regular General Assembly Session, The Governor signed bills into law like Senate Bill 38, which defines Class A and B felony incest as a violent offense, requiring offenders to serve longer sentences for committing this heinous crime.
The administration has awarded more than $60 million in grant funding to victim service agencies across the commonwealth.
In March, Gov. Beshear announced an anticipated $22 million in grant funding would be available through the federal Victims of Crime Act program (VOCA) and invited eligible agencies throughout the commonwealth to apply.
“As your Governor, protecting all Kentuckians and promoting justice across our commonwealth is a top priority,” said Gov. Beshear. “This annual grant funding by VOCA allows us to continue taking vital steps as we build a more equitable, safer Kentucky for generations to come.”
At the beginning of the year, Gov. Beshear and Secretary Harvey announced that an additional $849,491 in federal grant funding had been award to the Kentucky State Police (KSP) to hire a new investigator with the Sexual Assault Kit Initiative Investigate Team to focus on investigating and identifying sexual offenders in Jefferson County. The KSP SAKI investigative team was originally formed in July 2021 after U.S. Department of Justice awarded $1.5 million to the commonwealth to leverage existing investigative resources within the KSP Crime Lab by transitioning three trained investigators and a criminal intelligence analyst from the Kentucky Office of the Attorney General to KSP.
Between February and December 2021, Gov. Beshear awarded more than $4 million in grant funding to fight sexual assault, domestic violence, stalking and dating violence.
The Beshear-Coleman administration continues to provide for victims of dating violence and abuse, domestic violence and abuse and sexual assault.
During the 2021 legislative session, Gov. Beshear signed HB 310, sponsored by Sen. Morgan McGarvey, of Jefferson County. HB 310 allows a commonwealth attorney to file a petition for an involuntary commitment for violent offenders who are incompetent to stand trial and would not benefit from additional treatment, but who are deemed a danger to themselves or others. By signing this bill, the Governor closed a gap in state law that allowed some defendants to avoid both prison time and mental health treatment.
Report Domestic Violence
If you or someone you know is a victim of domestic violence, no matter when the violence took place, please contact the Kentucky Coalition Against Domestic Violence. Their webpage provides resources for victims, including the National Domestic Violence Hotline, which can be called at (800) 799-SAFE (7233).