JUSTICE AND PUBLIC SAFETY CABINET

Department of Juvenile Justice

(Amendment)

 

      505 KAR 1:130. 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

      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.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 27, 2015 at 10:00 a.m., at the Department of Juvenile Justice, 1025 Capital Center Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by, Wednesday, August 20, 2015 five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by this date, the hearing may be cancelled. A transcript of this hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until Monday, August 31, 2015. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      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.