Statutory changes to the Kentucky Law Enforcement Foundation Program Fund were codified into law on July 14, 2022, mandating all law enforcement agencies to a adopt a policy related to sexual assault investigations.

Kentucky Law Enforcement Foundation Program Fund (KLEFPF) statute (KRS 15.440(1)(i)) mandates that all Kentucky law enforcement agencies receiving KLEFPF funds adopt a policy relating to sexual assault investigations that includes provisions limiting the use of victim DNA.  The provision is contained in the statute at KRS 15.440(1)(i)(6) and requires KLEFPF eligible agencies to:

(i) Possess by January 1, 2023, a written policy and procedures manual related to sexual assault examinations that meets the standards provided by, and has been approved by, the Justice and Public Safety Cabinet, and which includes:

6.  A requirement that DNA samples collected as a result of an examination performed under KRS 216B.400 that are voluntarily submitted solely for elimination purposes shall not be checked against any DNA index, retained, or included in any DNA index;

In 2016, your law enforcement agency may have adopted a sexual assault policy in accordance with the original mandate; however, due to changes to KRS 15.4000(1)(i), the language outlined above must now be incorporated, and a new policy must be submitted.

The files below will assist your department in implementing these statutory changes.

  • DOCJT Model Policy: a sample policy is included to assist your agency with compliance. Your agency may choose to adopt this policy in its entirety or use it as a reference tool when updating your individual agency’s policy. You are not required to adopt this policy, but all policies must meet the updated statutory requirements.

  • Instruction sheet: if your agency chooses to adopt the DOCJT provided Sexual Assault Model Policy, this instruction sheet will provide guidance on how to appropriately customize.

  • Signature sheet: the law enforcement agency head must sign, date and return the signature sheet to DOCJT for verification of compliant policies.

You can also view the Kentucky League of Cities model policy here.

Please submit your updated policy to DOCJT.ModelPolicy@ky.gov. Failure to adopt an updated policy per state statute affects KLEFPF eligibility.

If you have questions, please contact us at (859) 622-2219 or email DOCJT.ModelPolicy@ky.gov.