JUSTICE AND PUBLIC SAFETY CABINET
Department of Juvenile Justice
(Amended After Comments)
505
KAR 1:100. Department of Juvenile Justice Policies and Procedures: admissions.
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.069, 15A.160, 200.115,
605.150, 635.095, 635.100(7), 640.120, 645.250
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.069,
15A.160, 15A.210, 15A.305(5), 605.150, 635.095, 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 following material is incorporated by
reference:
(a)
The "Department of Juvenile Justice Policy and Procedures Manual:
Admissions", October 15[July 1], 2015[April
15, 2009], which includes the following:
200 Definitions[Classification](Amended
10/15/15[7/01/15][4/15/09]);
200.1 Classification
[Day Treatment Admissions] (Amended 10/15/15[7/01/15][1/15/09]);
201 Day
Treatment Admissions (Added 10/15/15[7/01/15]);
202 Youth
Placement Priority [Waiting List] (Amended 7/01/15[1/15/09]);
204 Daily
Census and Population (Amended 7/01/15[1/15/09]);
206 Administrative
Transfers (Amended 10/15/15[7/01/15][1/15/09]);
208 Youth
Rights [/Orientation] (Amended 7/01/15[1/15/09]);
209 Youth
Access to Outside Investigative Agencies (Amended 7/01/15[04/15/09]);
210 Interstate
Referrals (Amended 7/01/15[1/15/09]);
211 Interstate
Runaways, Escapees and Absconders (Amended 7/01/15[1/15/09]);
212 Interstate
Purchase of Care (Amended 7/01/15[1/15/09]);
213 Interstate
Travel (Amended 7/01/15[1/15/09]);
214 Interstate
Revocations and Case Closure (Amended 7/01/15[1/15/09]); and
217 Advanced
Care Unit Admissions and Release (Amended 7/01/15[01/15/09]);
and
(b)
The "Classification and Placement Manual", Amended 10/15/15[7/01/15][05/12/09;
(c)
The "Youth Level of Service/Case Management Inventory (YLS/CMI), User’s
Manual", 01/13/06;
(d)
The "Child and Adolescent Service Intensity Instrument (CASII)", also
known as "Child and Adolescent Level of Care Utilization System
(CALOCUS)", 01/13/06;
(e)
The "Estimate of Risk of Adolescence Sex Offense Recidivism
(ERASOR)", 01/13/06; and
(f)
The "Juvenile Sex Offender Assessment Protocol (J-SOAP)", 01/13/06].
(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: October 15, 2015
FILED
WITH LRC: October 15, 2015 at 11 a.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 regulation incorporates by
reference the policies and procedures governing the operation of the Department
of Juvenile Justice including the classification and placement of juveniles
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 and 15A.069.
(c)
How this administrative regulation conforms to the content of the authorizing
statutes: The regulation governs the management, policy and coordination of all
matters relating to the classification, evaluation, and placement of juvenile
committed to or detained by 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 residential as to the classification, placement and transportation of
youth.
(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, 15A.0652 and 15A.069.
(c)
How the amendment conforms to the content of the authorizing statues: The
amendments establish and amend practices and procedures relating to the
classification, evaluations, and placement of juveniles committed to the
Department of Juvenile Justice.
(d)
How the amendment will assist in the effective administration of the statues: The
amendment will help the Department of Juvenile Justice classify and place youth
within the new statutory mandates under SB 200 and KRS 635.060 [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
1,400 employees of the Department in community and residential settings,
approximately 2,267 youth in all programs, and all visitors and volunteers to
Department of Juvenile Justice facilities
(4)
Provide analysis of how the entities identified in question (3) will be
impacted by the implementation of this administrative regulation, if new, or by
the change if it is an amendment, including: To ensure youth are placed in the
least restrictive placement based on their assessed risk and treatment needs,
and to provide a clearer understanding of the policies and procedures by
employees and residents regarding the classification, placement, and 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,
residential staff and the community will have a clear understanding of the
classification and placement of youth in the least restrictive placement based
on their treatment needs and level risk to reoffend which is commensurate with
the severity of the committing offense.
(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. A child who is adjudicated for an offense that would be a
misdemeanor if committed by an adult, other than an offense for which a child
has been declared a juvenile sex offender or an offense involving a deadly
weapon may only be committed for a period not to exceed twelve (12) months, and
may only receive treatment in an out of home placement for up to four (4)
months [unless treatment needs require additional treatment in an out of home
setting, not to exceed the maximum length of commitment]. A child who is
adjudicated for an offense that would be a Class D felony if committed by an
adult, other than an offense for which a child has been declared a juvenile sex
offender or an offense involving a deadly weapon may only be committed for a
period not to exceed eighteen (18) months, and may only receive treatment in an
out of home placement for up to eight (8) months [unless treatment needs require
additional treatment in an out of home setting, not to exceed the maximum
length of commitment].
(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 funding to be used for the implementation and enforcement
of this administrative regulation: Department of Juvenile Justice General Funds
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: No.
(8)
State whether or not this administrative regulation establishes any fees or
directly or indirectly increases any fees: No.
(9)
Tiering: Is tiering applied? No. 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(1),
KRS 15A.0652, KRS 15A.0654, KRS 15A.067, KRS 15A.069, KRS 600.040, KRS 605.080,
KRS 605.090, KRS 605.095, KRS 605.100, KRS 605.110, KRS 605.150, KRS 610.100,
KRS 635.095, KRS 635.100, KRS 635.060, KRS 635.520, KRS 640.120, 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?
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 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? Response:
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
(+/-):
Expenditures
(+/-):
Other
Explanation:
