15A.305 Statewide detention program -- Alternatives to secure detention --
600 words·~3 min read·
/ky/15a-305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notification system -- Per diem charge to lodge juveniles in state-owned or
contracted preadjudication facilities -- Fiscal court approval before state
takeover, purchase, or control -- Provision of mental health services to
detained youth.
(1)The Department of Juvenile Justice shall develop and administer a statewide
detention program and, as each regional facility is constructed and ready for
occupancy, shall provide for:
(a)The operation of preadjudication detention facilities for children charged with
public offenses; and
(b)The operation of postadjudication detention facilities for children adjudicated
delinquent or found guilty of public offenses.
(2)In each region in which the Department of Juvenile Justice operates or contracts for
the operation of a detention facility, the department shall develop and administer a
program for alternatives to secure detention that shall provide for:
(a)The operation of or contracting for the operation of preadjudication
alternatives to secure detention and follow-up programs for juveniles who are
before the court or who enter pretrial diversion or informal adjustment
programs; and
(b)The operation of or contracting for the operation of postadjudication
alternatives to secure detention and follow-up programs, including but not
limited to community-based programs, mentoring, counseling, and other
programs designed to limit the unnecessary use of secure detention and ensure
public safety.
(3)The department shall develop and implement a system to immediately notify the
Cabinet for Health and Family Services when a status offender or child alleged to
be a status offender has been detained for the alleged violation of a valid court
order.
(4)The department may, except as provided in KRS 635.060, charge counties,
consolidated local governments, and urban-county governments a per diem not to
exceed ninety-four dollars ($94) for lodging juveniles in state-owned or contracted
facilities.
(5)Detention rates charged by contracting detention facilities shall not exceed the rate
in effect on July 1, 1997, subject to increases approved by the department.
(6)No juvenile detention facility, as defined in KRS 15A.200, shall be taken over,
purchased, or leased by the Commonwealth without prior approval of the fiscal
court upon consultation with the jailer in the county where the facility is located.
The county, upon consultation with the jailer, may enter into contracts with the
Commonwealth for the holding, detention, and transportation of juveniles.
(7)The Department of Juvenile Justice shall enter into sufficient contracts to ensure the
availability of institutional treatment for children with severe emotional disturbance
or mental illness as soon as practicable.
(8)The Department of Juvenile Justice shall, for any facility operated pursuant to
subsection
(1)of this section, require that the facility:
(a)Provide children in crisis who are residing in a juvenile detention facility
access to a mental health professional whose communications with the child
are privileged under the Kentucky Rules of Evidence;
(b)Conduct monthly documented training related to emergency response;
(c)Ensure that appropriate staff working with detained youth have controlled
access to, and are properly trained in the use of, appropriate defensive
equipment comparable to that utilized by the Department of Corrections,
including tasers, pepper spray, and shields;
(d)Establish a specially trained emergency response team within each juvenile
detention center and youth development center which shall be trained in
tactics related to detention facilities and engage in monthly drills as part of
emergency response training;
(e)Enter into a memorandum of understanding with local law enforcement for
emergency response and include these agencies in emergency response
trainings;
(f)Be equipped with an alarm that directly communicates an emergency situation
to the local dispatch center; and
(g)Promulgate administrative regulations in accordance with KRS Chapter 13A
to implement this subsection.