Removes DOC Administrative Regulation Requirement for Death Penalty
Summary
The Kentucky General Assembly passed SB251, removing the Department of Corrections' requirement to promulgate administrative regulations regarding the death penalty. Execution protocols may now be established through internal policy, memorandum, or other forms of action rather than formal regulatory proceedings. The bill passed with a veto override vote of 68-23 in the House.
What changed
SB251 amends KRS 197.020 to eliminate the Department of Corrections' statutory obligation to create formal administrative regulations for death penalty procedures. The bill also amends KRS 13A.105 to conform and makes technical corrections. Under the new law, execution protocols and procedures can be prescribed by internal policy, memorandum, or other internal forms of action without going through the administrative regulation promulgation process required under KRS Chapter 13A.
The Kentucky DOC should update internal procedures to reflect that death penalty protocols no longer require formal administrative regulation. Corrections officials should document execution procedures through internal policies rather than through the Administrative Regulation process. This change affects how the DOC structures and documents death penalty-related procedures going forward.
Source document (simplified)
ChangeBridge / Kentucky / SB251 Passed SB251 Senate Bill Passed 2026-03-17
AN ACT relating to the Department of Corrections.
Amend KRS 197.020 to establish that the Department of Corrections shall not be required to promulgate administrative regulations regarding the death penalty; establish that execution protocols and procedures may be prescribed by internal policy, memorandum, or another form of action; amend KRS 13A.105 to conform; make technical corrections.
Bill Details
State Kentucky
Session 2026 Regular Session
Chamber Senate
Official Source apps.legislature.ky.gov/record/26RS/sb251....
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Sponsors
Steve West (Sen - R) Matt Nunn (Sen - R)
Action History
2026-03-31 H 3rd reading, passed 68-23 with Floor Amendment (2) 2026-03-31 H placed in the Orders of the Day 2026-03-31 H taken from Rules 2026-03-27 H floor amendment (2) filed 2026-03-27 H 2nd reading, to Rules 2026-03-26 H floor amendment (1) filed 2026-03-26 H reported favorably, 1st reading, to Calendar 2026-03-24 H to State Government (H) 2026-03-17 H to Committee on Committees (H) 2026-03-17 H received in House 2026-03-16 S 3rd reading, passed 24-11 2026-03-16 S floor amendment (1) filed 2026-03-13 S posted for passage in the Regular Orders of the Day for Monday, March 16 2026 2026-03-13 S 2nd reading, to Rules 2026-03-12 S reported favorably, 1st reading, to Calendar 2026-03-09 S to Judiciary (S) 2026-02-25 S to Committee on Committees (S) 2026-02-25 S introduced in Senate
Votes
2026-03-16 Senate: Third Reading RSN# 3936 Yea: 24 Nay: 11 2026-03-31 House: Adopt HFA 2 RCS# 391 Yea: 53 Nay: 18 2026-03-31 House: Veto Override RCS# 392 Yea: 68 Nay: 23
Committee Referrals
2026-02-25 S Committee on Committees 2026-03-09 S Judiciary 2026-03-13 S Rules 2026-03-17 H Committee On Committees 2026-03-24 H State Government 2026-03-27 H Rules
Amendments
0000-00-00 Senate Floor Amendment 0000-00-00 House Floor Amendment 0000-00-00 House Floor Amendment
Bill Text Versions
0000-00-00 Introduced 0000-00-00 Engrossed
Subjects
Corrections Impact Administrative Regulations and Proceedings Corrections and Correctional Facilities, State Crimes and Punishments Criminal Procedure Deaths State Agencies Technical Corrections Legislative data powered by LegiScan (CC BY 4.0)
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