505 KAR 1:110. Department of Juvenile Justice Policy[Policies] and Procedures Manual: program services

Link to law: http://www.lrc.ky.gov/kar/505/001/110reg.htm
Published: 2015

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:
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