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

Link to law: http://www.lrc.ky.gov/kar/505/001/130E.htm
Published: 2015

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.
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