02RS HB145


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HB 145/LM (BR 820) - C. Geveden, J. Vincent

     AN ACT relating to juvenile justice.
     Amend KRS 15A.067, relating to the division of juvenile services, to delete reference to detaining juveniles for an indeterminate period; amend KRS 15A.200, relating to definitions, to delete the requirement that the Department of Juvenile Justice consult with other agencies with regard to training of juvenile staff and shorten the detention period of a child charged with a public offense from 72 hours to 24 hours; amend KRS 15A.210 to eliminate the requirement for the department to consult with the detention facilities standards committee prior to promulgating administrative regulations; require administrative regulations which are promulgated which increase costs to nondepartmental facilities to identify those costs and funding sources; amend KRS 15A.220, relating to requirements for secure juvenile detention facilities, to eliminate the terms secure juvenile detention facility and juvenile holding facility, permit department to order counties operating juvenile detention facilities within 30 days of notice by the department to do so; amend KRS 15A.230, relating to inspection of juvenile detention facilities, to require annual inspections of all facilities; amend KRS 15A.300, relating to local juvenile delinquency prevention councils to request and receive nonpersonal juvenile statistical information; amend KRS 15A.305, relating to the juvenile detention plan, to delete requirement that funds appropriated for the purposes of the section be used only for facilities defined in KRS 15A.200, delete requirement to promulgate administrative regulations; amend KRS 605.080, relating to transportation of children, to specify that a child may be transported by a parent or guardian with permission of the cabinet and permit the cabinet to transport or pay for the transportation of children; amend KRS 605.095, relating to transfer of children, to provide for alternatives to secure detention for children committed as public offenders or youthful offenders; amend KRS 605.110, relating to medical care and education of children committed to the cabinet, to add children in the custody of the cabinet; amend KRS 605.130, relating to the general duties of the cabinet, to delete reference to KRS 605.090; amend KRS 610.010 relating to the jurisdiction of the juvenile court in juvenile matters, to eliminate the holding of traffic offenders in secure detention facilities or juvenile holding facilities prior to their 18th birthday at which time they are to be transferred to an adult detention facility; amend KRS 660.120, relating to review, continuation, and disposition orders, to add reference to KRS 635.515; amend KRS 610.280, relating to considerations and findings for juvenile detention, to make technical correction; amend KRS 635.020, relating to criteria for determining how a child is to be tried, to eliminate detention of youthful offenders in secure detention facilities, permit detention in a "program" to require return of youthful offender to Circuit Court rather than automatic transfer to adult facility upon turning 18; amend KRS 635.060, relating to options of court at dispositional hearing, to specify when specific sanctions may be imposed by a court; amend KRS 635.085, relating to imposition of fines, to specify that a child who does not pay a court ordered fine can be detained in a program as well as a juvenile detention facility; repeal, amend, and reenact KRS 15A.314, relating to Cabinet for Health Services records, as a new section of KRS Chapter 194A and make technical correction; repeal KRS 15A.245, relating to the detention facility standards committee; repeal KRS 15A.250 and 15A.260, relating to the local alternatives to detention fund and its use.


     HCS/LM - Retain original provisions of bill except to add language that establishes preference for placement of juveniles in home county and provides for notice to judges, school superintendents, and case workers when placed in another county.

     HFA (1, J. Vincent) - Change new language in subsection (3) of Section 1 to reflect that the juvenile shall be placed in a facility or program in the county of adjudication or sentencing, and to provide that the caseworker in the county of placement will monitor the placement and treatment of the juvenile; delete surplus language in Sections 19 and 20 of the committee substitute; and make technical corrections.

     HFA (2, J. Vincent) - Delete new language in subsection (3) of Section 1 and provide new language that specifies when and to whom the division of placement services shall provide offender records; replace new language in Section 21 to specify that the department of juvenile justice shall provide offender records to school superintendents when the department places the child in that school district; add a new section amending KRS 600.010 to include new language under the policy statement of the General Assembly to reflect that the department shall, to the extent possible, treat children as close to their homes as possible; and make technical corrections.

     (Prefiled by the sponsor(s))

     Jan 8-introduced in House; to Judiciary (H)
     Feb 20-posted in committee
     Feb 27-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 28-2nd reading, to Rules
     Mar 5-posted for passage in the Regular Orders of the Day for Wednesday, March 6, 2002; floor amendment (1) filed to Committee Substitute
     Mar 6-3rd reading; returned to the Orders of the Day; floor amendment (2) filed to Committee Substitute
     Mar 7-3rd reading, passed 95-0 with Committee Substitute, floor amendment (2)
     Mar 8-received in Senate
     Mar 12-to Judiciary (S)
     Mar 20-reported favorably, 1st reading, to Consent Calendar
     Mar 21-2nd reading, to Rules
     Mar 28-posted for passage in the Consent Orders of the Day for Thursday, March 28, 2002; 3rd reading, passed 38-0
     Mar 29-received in House; enrolled, signed by each presiding officer; delivered to Governor
     Apr 8-signed by Governor (Acts ch. 257)

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