STATEMENT OF EMERGENCY
505 KAR 1:130E
This
emergency administrative regulation is being promulgated in order to implement revised
policies regarding community services offered by the Department of Juvenile
Justice. KRS 13A.190(1)(a)(3) provides that an emergency administrative regulation
is one (1) that must "[m]eet a deadline for the promulgation of an administrative
regulation that is established by state law, or federal law or regulation."
The
proposed administrative action must be taken on an emergency basis because the
Department of Juvenile Justice has a compelling and immediate obligation to
institute revised policies to comply with revisions to the Unified Juvenile
Code as modified by SB 200 [2014], which becomes fully effective July 1, 2015. The
amended policies also implement the development of a risk and criminogenic
needs assessment administered for all children adjudicated on a public offense
prior to disposition, provides for the development of a case plan for each
child sentenced, committed, or probated to the department which is responsive
to the individual child’s risk and need factors, involves the family as appropriate,
and implements a series of graduated responses, to include sanctions and
incentives, for youth in community settings commensurate with KRS 15A.0652. The
ordinary administrative regulation is identical to this emergency
administrative regulation and is being filed with the Regulations Compiler
simultaneously with this emergency regulation.
STEVEN
L. BESHEAR, Governor
J.
MICHAEL BROWN, Secretary
BOB
HAYTER, Commissioner
JUSTICE AND PUBLIC SAFETY CABINET
Department of Juvenile Justice
(Emergency Amendment)
505 KAR 1:130E. 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[(7)], 640.120, 645.250
EFFECTIVE:
July 1, 2015
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", July 1,
2015[February 10, 2014], is incorporated by reference and includes
the following:
600 Definitions
(Amended 7/01/15[2/10/14]);
601 Initial
Contact &[and] Court Support for Public Offenders (Amended 7/01/15[2/10/14]);
601.1 Initial
Contact &[and] Court Support for Youthful Offenders (Amended
7/01/15[11/14/13]);
601.2
Case
Management Screens and Assessments (Added 7/01/15);
602 Individual
Client Record (Amended 7/01/15[11/14/13]);
603 Service
Complaints (Amended 7/01/15[11/14/13]);
604 Case
Planning and Participation in Treatment Planning[Individual Treatment
Plan] (Amended 7/01/15[11/14/13]);
605 Community
Supervision (Amended 7/01/15[2/10/14]);
606 Probation
of Public Offenders (Amended 7/01/15[11/14/13]);
607 Commitment
of Public Offenders (Amended 7/01/15[11/14/13]);
608 Drug
Screening and Confirmation Testing (Amended 7/01/15[11/14/13]);
609 Youth’s[Children’s]
Benefits (Amended 7/01/15[11/14/13]);
609.1 Title
IV-E Federal Foster Care Maintenance Payments (Amended 7/01/15[2/10/14]);
609.2 Trust
Funds (Amended 7/01/15[11/14/13]);
610 Transportation
of Committed Youth (Amended 7/01/15[11/14/13]);
610.1 Out-of-State
Travel (Amended 7/01/15[2/10/14]);
611 Electronic
Monitoring (Amended 7/01/15[11/14/13]);
612 Authorized
Leave for Public Offenders and Youthful Offenders in Placement (Amended 7/01/15[11/14/13]);
613 Supervised
Placement Revocation (Amended 7/01/15[11/14/13]);
[614 Intensive
Aftercare Program (Amended 11/14/13)]
615 Juvenile
Intensive Supervision Team (JIST) (Amended 7/01/15[11/14/13]);
616 Youthful
Offenders-Confined, Shock Probated, and Transferred to the Department of
Corrections (Amended 7/01/15[11/14/13]);
616.1 Probation
of Youthful Offenders (Amended 7/01/15[11/14/13]);
616.2 Parole
of Youthful Offenders (Amended 7/01/15[11/14/13]);
617 Incident
Reports (Amended 7/01/15[11/14/13]);
618 AWOL
or Escape (Amended 7/01/15[11/14/13]);
620 Use
of Self-Protection Skills[Force and Searches] (Amended 7/01/15[11/14/13]);
621 Mental
or Behavioral Health Services, Referrals, and Psychiatric
Hospitalization (Amended 7/01/15[11/14/13]);
622 Community
Mental Health Operations (Amended 7/01/15[11/14/13]);
and
623 Health
and Safety for Community and Mental Health Services (Amended 7/01/15[2/10/14]).
(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.
BOB
D. HAYTER, Commissioner
APPROVED
BY AGENCY: June 30, 2015
FILED
WITH LRC: July 1, 2015 at 2 p.m.
CONTACT
PERSON: LaDonna Koebel, Assistant General Counsel, Department of Juvenile
Justice, 1025 Capital Center Drive, Frankfort, Kentucky 40601, phone (502)
573-2738, fax (502) 573-0836.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact
Person: LaDonna Koebel
(1)
Provide a brief summary of:
(a)
What this administrative regulation does: This administrative 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 SB 200 "2014" and the amendments to the Unified Juvenile Code as
well as KRS 15A.065, 15A.0652, KRS 15A.067, KRS 605.150, KRS 635.095 and KRS
635.100.
(c)
How this administrative regulation conforms to the content of the authorizing
statutes: This administrative 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 into compliance with
statutory amendments to the Unified Juvenile Code as established through SB 200
"2014".
(b)
The necessity of the amendment to this administrative regulation: To conform to
the requirements of KRS 15A.065, KRS 15A.0652, 15A.067, 605.150, 635.095 and
635.100 and come into compliance with statutory amendments to the Unified
Juvenile Code as established through SB 200 "2014".
(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. Revises
timeframes for supervision and commitment and responsibilities of community and
mental health staff.
(d)
How the amendment will assist in the effective administration of the statutes:
The amendment will help the Department of Juvenile Justice to operate
consistent with statutory revisions implanted under SB 200 "2014" and
amendments to KRS Chapter 635 which become effective July 1, 2015.
(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 1,800 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
based on their assessed risk and treatment needs, and to provide staff a
clearer understanding of the timeframes for commitment and out of home
treatment.
(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 will administer a risk and needs assessment on all adjudicated
youth. Agency employees will provide services to the youth in the community and
all programs in accordance with the procedures outlined in the regulation and
the materials incorporated by reference.
(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 to come into
compliance with the provisions of SB 200 "2014" are estimated as
follows:
Salaries
& Staffing Costs: Approximately $847,591.00
Training
Costs: Approximately $300,000.00
Validation
of Risk Assessment tools: Approximately $250,000.00
CourtNet
Access to AOC data to complete risk assessments: $28,200.00
Approximate
Total Estimated Costs: $1,425,791.00
(c)
As a result of compliance, what benefits will accrue to the entities identified
in question (3): Youth who are committed to the Department of Juvenile Justice
will remain in placement and commitment to the Department for shorter periods
of time and in the least restrictive placement which can meet their treatment
needs consistent with the severity of their committing offense. The benefit to
the revised classification and placement is to reduce the length of stay in out
of home placements for youth, reduce the costs of out of home placements by the
Department, and reduce recidivism by returning lower level offending youth to
the community sooner.
(5)
Provide an estimate of how much it will cost the administrative body to
implement this administrative regulation:
(a)
Initially: Approximately $1,425,791.00
(b)
On a continuing basis: $925,791.00
(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? 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. 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. The anticipated
expenditures associated with implementing the provisions of SB 200
"2014" and revisions to the Unified Juvenile Code are approximately
$1,425,791.00 for the first year and $925,791.00 annually 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? 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? None.
(c)
How much will it cost to administer this program for the first year? The
revised administrative regulations will only impact the Department of Juvenile
Justice. The anticipated expenditures associated with implementing the
provisions of SB 200 "2014" and revisions to the Unified Juvenile
Code are approximately $1,425,791.00 for the first year and $925,791.00
annually thereafter.
(d)
How much will it cost to administer this program for subsequent years? The
revised administrative regulations will only impact the Department of Juvenile
Justice. The anticipated expenditures associated with implementing the
provisions of SB 200 "2014" and revisions to the Unified Juvenile
Code are approximately $1,425,791.00 for the first year and $925,791.00
annually thereafter.
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 administrative 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.
