JUSTICE AND PUBLIC SAFETY CABINET

Department of Juvenile Justice

(Amendment)

 

      505 KAR 1:130. Department of Juvenile Justice Policies and Procedures: juvenile services in community.

 

      RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 200.080-200.120, Chapters 600-645

      STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, 635.100, 640.120, 645.250

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.210, 15A.305(5), 605.150, 635.095, 635.100, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation incorporates by reference into regulatory form materials used by the Department of Juvenile Justice in the implementation of a statewide juvenile services program.

 

      Section 1. Incorporation by Reference. (1) The "Department of Juvenile Justice Policy and Procedures Manual: Juvenile Services in Community", October 6[July 12], 2017, is incorporated by reference and includes the following:

      600      Definitions (Amended 10/06/17[7/12/17]);

      601      Initial Contact & Court Support for Public Offenders (Amended 10/06/17[5/15/17]);

      601.1   Initial Contact & Court Support for Youthful Offenders (Amended 10/06/17[7/12/17]);

      601.2   Case Management Screens and Assessments (Amended 10/06/17[5/15/17]);

      602      Individual Client Record (Amended 10/06/17[7/12/17]);

      603      Service Complaints (Amended 10/06/17[10/15/15]);

      604      Case Planning and Participation in Treatment Planning (Amended 7/12/17);

      605      Community Supervision (Amended 10/06/17[5/15/17]);

      606      Probation of Public Offenders (Amended 10/06/17[5/15/17]);

      607      Commitment of Public Offenders (Amended 10/06/17[5/15/17]);

      608      Drug Screening and Confirmation Testing (Amended 10/06/17[7/01/15]);

      609      Youth’s Benefits (Amended 10/06/17[5/15/17]);

      609.1   Title IV-E Federal Foster Care Maintenance Payments (Amended 10/06/17[5/15/17]);

      609.2   Trust Funds (Amended 10/06/17[7/01/15]);

      610      Transportation of Committed Youth (Amended 10/06/17[7/01/15]);

      610.1   Out-of-State and Out-of-Country Travel (Amended 10/06/17 [5/15/17]);

      611      Electronic Monitoring (Amended 5/15/17);

      612      Authorized Leave for Public Offenders, Juvenile Sexual Offenders, and Youthful Offenders in Placement (Amended 10/06/17[10/15/15]);

      613      Supervised Placement Revocation (Amended 10/06/17[7/01/15]);

      615      Juvenile Intensive Supervision Team (JIST) (Amended 10/06/17[7/01/15]);

      616      Youthful Offenders-Confined, Shock Probated, and Transferred to the Department of Corrections (Amended 10/06/17[7/12/17]);

      616.1   Probation of Youthful Offenders (Amended 10/06/17[5/15/17]);

      616.2   Parole of Youthful Offenders (Amended 10/06/17[7/01/15]);

      617      Incident Reports (Amended 10/06/17[7/12/17]);

      618      AWOL or Escape (Amended 10/06/17[5/15/17]);

      620      Use of Self-Protection Skills (Amended 10/06/17[10/15/15]);

      621      Mental or Behavioral Health Services, Referrals, and Psychiatric Hospitalization (Amended 10/06/17[10/15/15]);

      622      Community Mental Health Operations (Amended 10/06/17[5/15/17]); and

      623      Health and Safety for Community and Mental Health Services (Amended 10/06/17[7/01/15]).

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Juvenile Justice, Office of the Commissioner, 1025 Capital Center Drive, Third Floor, Frankfort, Kentucky 40601, or at any department field office, Monday through Friday, 8 a.m. to 4:30 p.m.

 

CAREY D. COCKERELL, Commissioner

      APPROVED BY AGENCY: September 29, 2017

      FILED WITH LRC: October 6, 2017 at noon

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 28, 2017 at 10:00 a.m. Eastern Time at the Department of Juvenile Justice, 1025 Capital Center Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by 5 workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by this date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through November 30, 2017. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: William Codell, Assistant General Counsel, Department of Juvenile Justice, 1025 Capital Center Drive, Frankfort, Kentucky 40601, phone (502) 573-2738, fax (502) 573-0836, email William.Codell@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: William Codell

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This regulation incorporates by reference the policies and procedures governing the community operations of the Department of Juvenile Justice including the assessment, supervision and case management of juveniles probated or committed to the Department.

      (b) The necessity of this administrative regulation: To conform to the requirements of KRS 15A.065, 15A.0652, 15A.067, 605.150, and 635.095.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This regulation governs every aspect of the program services for the community population of the Department of Juvenile Justice.

      (d) How this administrative regulation currently assists, or will assist, in the effective administration of the statutes: By providing clear and concise direction and information to the Department of Juvenile Justice employees and the community population as to their duties, rights, privileges, and responsibilities.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: The amendment shall bring the Department of Juvenile Justice in to compliance to reflect actual practice of the agency and compliance regarding the statutory defined process on length of commitment and out of home timeframes.

      (b) The necessity of the amendment to this administrative regulation: To conform to the requirements of KRS 15A.0652 (3)(d) 1. and 2.

      (c) How the amendment conforms to the content of the authorizing statutes: The policy revisions update the practices or procedures to ensure youth committed or probated to the Department of Juvenile Justice are properly served.

      (d) How the amendment will assist in the effective administration of the statutes: The amendment will help the Department of Juvenile Justice to operate more efficiently and to comply with the requirements of SB 200 (2014).

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Approximately 250 employees of the Department of Juvenile Justice, approximately 1100 youth in all programs, and all visitors and volunteers to Department of Juvenile Justice.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including: By providing and implementing these policies and procedures, the Department of Juvenile Justice will be providing services more effectively and consistently. Policy amendments will ensure that youth are placed and supervised in the least restrictive placement and the out-of-home placement will be no longer then Kentucky Revised Statues allows.

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Community staff shall ensure Department committed youth will be placed out of home for the least amount of time needed for treatment, not to exceed Kentucky Revised Statue limitations.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):

Estimated costs to the Department of Juvenile Justice to implement all policy revisions are estimated as follows:

Training Costs: No Additional funding will be required.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Youth shall receive services more effectively and efficiently. DJJ employees will better understand the time limitation set by KRS while providing services the youth committed to Department of Juvenile Justice.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: No Additional funding will be required.

      (b) On a continuing basis: No Additional funding will be required on an annual basis

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Department of Juvenile Justice General Fund and Restricted Funds if necessary.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: None.

      (8) State whether or not this administrative regulation established any fees, or directly or indirectly, increased any fees: None

      (9) Tiering: Is tiering applied? Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it. Disparate treatment of any person or entity subject to this administrative regulation could raise questions of arbitrary action on the part of the agency. The "equal protection" and "due process" clauses of the Fourteenth Amendment of the U.S. Constitution may be implicated, as well as the Sections 2 and 3 of the Kentucky Constitution.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? Response: Department of Juvenile Justice

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. Response: KRS 15A.065, KRS 15A.0652, KRS 15A.067, KRS 15A.160, KRS 15A.210, KRS 15A.305(5), KRS 200.115, KRS 605.150, KRS 635.060, KRS 635.095, KRS 635.100, KRS 640.120, and KRS 645.250.

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. The revised administrative regulations will only impact the Department of Juvenile Justice. There are no anticipated expenditures for initial staff training or annual training thereafter.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? Response: None

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? Response: None

      (c) How much will it cost to administer this program for the first year? Response: The revised administrative regulations will only impact the Department of Juvenile Justice. No Additional funding will be required for the first year.

      (d) How much will it cost to administer this program for subsequent years? Response: No Additional funding will be required for the first year.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-): No revenue will be generated from this regulation.

      Expenditures (+/-): Expenditures relate to training staff and auditing programs to ensure compliance.

      Other Explanation: This regulation will provide a clear and concise policies and procedures for all youth receiving services from the Department of Juvenile Justice, and reflect the treatment and practice of the agency.