610.265 Detention of children in specified facilities -- Time frame for holding
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/ky/610-265A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
detention hearing -- Release of child required if hearing not held as specified.
(1)Any child who is alleged to be a status offender or who is accused of being in
contempt of court on an underlying finding that the child is a status offender may be
detained in a nonsecure facility or a secure juvenile detention facility for a period of
time not to exceed twenty-four
(24)hours, exclusive of weekends and holidays,
pending a detention hearing. Any child who is accused of committing a public
offense or of being in contempt of court on an underlying public offense may be
detained in a secure juvenile detention facility or a nonsecure setting approved by
the Department of Juvenile Justice for a period of time not to exceed forty-eight
(48)hours, exclusive of weekends and holidays, pending a detention hearing.
(2)Beginning July 1, 2024, any child accused of committing a public offense that
would be considered a violent felony offense as defined in KRS 532.200 shall be
detained in a secure juvenile detention facility for a period of time not to exceed
forty-eight
(48)hours, exclusive of weekends and holidays, pending a detention
hearing, unless the detention hearing can be held within the time allotted to peace
officers to retain custody of the child pursuant to KRS 610.200 or 610.220. This
subsection shall not apply to any child ten
(10)years of age or younger.
(a)Any child detained pursuant to subsection
(2)of this section shall be assessed
by a mental health professional, whose communications with the child shall
be confidential in conformity with the Kentucky Rules of Evidence, to
determine if the child exhibits behavior that indicates the child could benefit
from cognitive behavioral therapy, other evidence-based behavioral health
programs, substance use disorder treatment, or treatment in a psychiatric
facility for serious mental illness.
(b)Any treatment recommended under this subsection shall be provided by the
Department of Juvenile Justice and may be provided pursuant to a contract
between the Justice and Public Safety Cabinet and a behavioral health
services organization.
(c)If the child is released upon a detention hearing, a court may order the child to
complete any recommended treatment. The Department of Juvenile Justice
shall refer the child to an existing contractor or to other resources for the
treatment.
(4)Any child detained pursuant to subsection
(2)of this section shall be permitted
visitation from individuals representing organizations including nonprofit
organizations, faith-based organizations, or community organizations, to connect
them with, expose them to, or minister to them through programs including but not
limited to trades, arts, sports, mentoring, counseling, support programs, or
community-based programs. These organizations may offer transition services to
any child who is released from detention.
(5)Within the period of detention described in subsections
(1)and
(2)of this section,
exclusive of weekends and holidays, a detention hearing shall be held by the judge
or trial commissioner of the court for the purpose of determining whether the child
shall be further detained. At the hearing held pursuant to this subsection, the court
shall consider the nature of the offense, the child's background and history, and
other information relevant to the child's conduct or condition.
(6)If the court orders a child detained further, that detention shall be served as follows:
(a)If the child is charged with a capital offense, Class A felony, or Class B
felony, detention shall occur in a secure juvenile detention facility pending the
child's next court appearance subject to the court's review of the detention
order prior to that court appearance;
(b)Except as provided in KRS 630.080(2), if it is alleged that the child is a status
offender, the child may be detained in a secure juvenile detention facility for a
period not to exceed twenty-four
(24)hours after which detention shall occur
in a nonsecure setting approved by the Department of Juvenile Justice
pending the child's next court appearance subject to the court's review of the
detention order prior to the next court appearance;
(c)If a status offender or a child alleged to be a status offender is charged with
violating a valid court order, the child may be detained in a secure juvenile
detention facility, or in a nonsecure setting approved by the Department of
Juvenile Justice, for a period not to exceed forty-eight
(48)hours, exclusive of
weekends and holidays, pending the child's next court appearance;
(d)Prior to ordering a status offender or alleged status offender who is subject to
a valid court order securely detained because the child violated the valid court
order, the court shall:
1. Affirm that the requirements for a valid court order were met at the time
the original order was issued;
2. Make a determination during the adjudicatory hearing that the child
violated the valid court order; and
3. Within forty-eight
(48)hours after the adjudicatory hearing on the
violation of a valid court order by the child, exclusive of weekends and
holidays, receive and review a written report prepared by an appropriate
public agency that reviews the behavior of the child and the
circumstances under which the child was brought before the court,
determines the reasons for the child's behavior, and determines whether
all dispositions other than secure detention have been exhausted or are
inappropriate. If a prior written report is included in the child's file, that
report shall not be used to satisfy this requirement. The child may be
securely detained for a period not to exceed forty-eight
(48)hours,
exclusive of weekends and holidays, pending receipt and review of the
report by the court. The hearing shall be conducted in accordance with
KRS 610.060. The findings required by this subsection shall be included
in any order issued by the court which results in the secure or nonsecure
detention of a status offender; and
(e)If the child is charged with a public offense, or contempt on a public offense,
and the county in which the case is before the court is served by a state
operated secure detention facility under the statewide detention plan, the child
shall be referred to the Department of Juvenile Justice for a security
assessment and placement in an approved detention facility or program
pending the child's next court appearance.
(7)If, at the hearing conducted under subsection
(5)of this section, the court conducts
an adjudicatory hearing on the merits of a violation of a valid court order, that
hearing shall conform to the requirements of KRS 630.080.
(8)If the detention hearing is not held as provided in subsection
(1)of this section, the
child shall be released as provided in KRS 610.290.
(9)If the child is not released, the court-designated worker shall notify the parent,
person exercising custodial control or supervision, a relative, guardian, or other
responsible adult, and the Department of Juvenile Justice or the cabinet, as
appropriate.