JUSTICE AND PUBLIC SAFETY
CABINET
Department of Juvenile Justice
(Amended After Comments)
505 KAR 1:110. Department of Juvenile Justice Policy[Policies]
and Procedures Manual: program services.
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, 200.115, 605.150,
635.095, 635.100(7), 635.500, 635.505(7), 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 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
[Policies] and Procedures Manual: Program Services", October 15[July 1], 2015[October
14, 2014] is incorporated by reference and includes the following:
300 Definitions
(Amended 10/15/15[7/01/15][10/14/14]);
300.1 Programs
and Services (Amended 7/01/15[10/14/14]);
300.2 Correspondence
to the Court System (Amended 10/15/15[7/01/15][10/14/14]);
301 Intake
and Orientation (Amended 10/15/15[7/01/15][10/14/14]);
301.1 Youth’s
Personal Property, Dress Code, and Facility Issued Property (Amended 7/01/15[10/14/14]);
301.2 Hair
and Grooming (Amended 7/01/15[10/14/14]);
302 Individual
Treatment Plan and Aftercare Plan (Amended 10/15/15[7/01/15][10/14/14]);
303 Treatment
Team Composition, Function, and Responsibility (Amended 7/01/15[10/14/14]);
306 Treatment
Track and Level[Phase] System (Amended 10/15/15[7/01/15][05/14/14]);
307 Counseling
Services (Amended 10/15/15[7/01/15]
[10/14/14]);
308 Advanced
Care Unit (Amended 7/01/15[10/14/14]);
309 Family
Engagement (Amended 7/01/15[05/14/14]);
310 Family
and Community Contacts: Mail, Telephone, and Visitation (Amended 7/01/15[10/14/14]);
311 Cadet Leadership and Education Program
(C.L.E.P.) (Added 10/15/15[7/01/15]);
314 Youth
Council (Amended 7/01/15[05/14/14]);
315 Use
of Non-Governmental Funds and Youth Activity Funds Account (Amended 10/15/15[7/01/15][10/14/14]);
316 Youth
Allowances and Work Details (Amended 7/01/15[10/14/14]);
317 Recreation
(Amended 7/01/15[10/14/14]);
318 Behavior
Management (Amended 7/01/15[10/14/14]);
318.1 Graduated
Responses, Sanctions, and Incentives[Discipline] (Amended 10/15/15[7/01/15] [10/14/14]);
318.2 Disciplinary
Review (Amended 7/01/15[10/14/14]);
[318.3 Discipline: Level 5][V][Youth Development Center (Amended 7/01/15][10/14/14][);]
319 Staff
Requirements for the Supervision of Youth (Amended 7/01/15[10/14/14]);
319.1 Facility
Capacities (Amended 7/01/15[05/14/14]);
320 Transportation
of Youth (Amended 10/15/15[7/01/15][05/14/14]);
321 Incident
Reporting (Amended 7/01/15[10/14/14]);
322 Drug
Screening and Testing (Amended 7/01/15[10/14/14]);
323 Isolation
(Amended 10/15/15[7/01/15][10/14/14]);
324 Restraints
(Amended 7/01/15[10/14/14]);
325 Searches
(Amended 7/01/15[10/14/14]);
326 Contraband,
Seizure, and Chain of Custody (Amended 7/01/15[10/14/14]);
327 Escape
and Absent Without Leave (Amended 7/01/15[10/14/14]);
328 Individual
Client Records (Amended 7/01/15[10/14/14]);
329 Progress
Notes (Amended 7/01/15[10/14/14]);
330 Log
and Shift Reports (Amended 7/01/15[05/14/14]);
331 Grievance
Procedure (Amended 7/01/15[10/14/14]);
332 Authorized
Leave:[Off-grounds Activities,] Day Releases[,] and Furloughs;
Supervised Off-grounds Activities (Amended 10/15/15[7/01/15][10/14/14]);
333 Day
Treatment Admissions (Amended 10/15/15[7/01/15][Added
05/14/14]);
334 Youth
Development Centers Educational and Vocational Programming, Assessment, and
Transition (Amended 10/15/15[7/01/15][5/14/14]);
334.1 Day
Treatments: Educational Programming, Assessment, and Transition (Amended 7/01/15[05/14/14]);
334.2 Group
Homes: Educational Services (Amended 7/01/15[10/14/14]);
335 Youth
Development Center Educational and Vocational Records; Day Treatment
Educational Records (Amended 10/15/15[7/01/15][5/14/14]);
339 Youth
Development Center and Day Treatment Instructional Staffing (Amended 7/01/15[05/14/14]);
341 Youth
Development Center and Day Treatment Evaluation of Integrated Educational and
Vocational Plan (Amended 7/01/15[Added 05/14/14]);
343 Technical
Education Safety (Amended 7/01/15[05/14/14]);
344 Library
Services (Amended 7/01/15[10/14/14]);
345 Religious
Programs (Amended 7/01/15[10/14/14]);
346.1 Youthful
Offenders (Amended 7/01/15[Added 05/14/14]);
347.1 Educational
and Meritorious Good Time Credit for Youthful Offenders (Amended 7/01/15[10/14/14]);
351 Youthful
Offender Parole (Amended 7/01/15[10/14/14]); and
352 Youthful
Offender Transfer (Amended 7/01/15[05/14/14]).
(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: 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 rights and responsibilities of the Department of Juvenile
Justice employees, treatment providers and the residential population, and
implements revisions to Department residential treatment programs to come into
compliance with revisions to the Unified Juvenile Code under SB 200 (2014).
(b) The necessity
of this administrative regulation: To conform to the requirements of SB 200 (2014)
and the amendments to the Unified Juvenile Code.
(c) How this
administrative regulation conforms to the content of the authorizing statutes: The
regulation governs every aspect of program services within residential and day
treatment programs in the Department.
(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, the residential
and 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
will bring the Department of Juvenile Justice into compliance with the
amendments to the Juvenile Code, KRS Chapter 635 as amended by SB 200 [2014].
(b) The necessity
of the amendment to this administrative regulation: To conform to the
requirements of KRS 15A.065 and 15A.067, and to bring the Department into
compliance with SB 200 [2014].
(c) How the
amendment conforms to the content of the authorizing statutes: It permits the
Commissioner or authorized representative to implement practices and procedures
to ensure the safe and efficient operation of Department residential and day
treatment programs.
(d) How the
amendment will assist in the effective administration of the statutes: The
amendment will restructure residential treatment programs within the Department
of Juvenile Justice to ensure that public offenders will be able to complete
treatment in shorter timeframes consistent with the requirements of SB 200 [2014]
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: 1,335 employees of
residential programs, 353 youth in DJJ residential programs, and all visitors
and volunteers to DJJ 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: The amendments provide policies and procedures
which provide for reduced timeframes in out of home placement by restructuring
the residential treatment for public offenders, ensuring use of graduated
sanctions, and less out of home treatment for the lowest level offenders.
(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: DJJ
residential programs will need to update their facility Standard Operating
Procedures to comply with this amendment.
(b) In complying
with this administrative regulation or amendment, how much will it cost each of
the entities identified in question (3): Each program will absorb the cost of
updating procedures and training staff on updated policies. 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 policies for the residential population 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. Under the provisions of SB 200 [2014], 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 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 establishes any fees or directly or
indirectly increases any fees: None
(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 600.040, KRS 605.090, KRS 605.095, KRS
605.100, KRS 605.110(3), KRS 605.150, KRS 635.060, KRS 635.095, 635.100,
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: