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, 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", May 15, 2017[October 15, 2015], is incorporated by reference and includes the following:

      600          Definitions (Amended 5/15/17[7/01/15]);

      601          Initial Contact & Court Support for Public Offenders (Amended 5/15/17[10/15/15]);

      601.1       Initial Contact & Court Support for Youthful Offenders (Amended 5/15/17[7/01/15]);

      601.2       Case Management Screens and Assessments (Amended 5/15/17[Added 10/15/15]);

      602          Individual Client Record (Amended 5/15/17[10/15/15]);

      603          Service Complaints (Amended 10/15/15);

      604          Case Planning and Participation in Treatment Planning (Amended 5/15/17[10/15/15]);

      605          Community Supervision (Amended 5/15/17[10/15/15]);

      606          Probation of Public Offenders (Amended 5/15/17[10/15/15]);

      607          Commitment of Public Offenders (Amended 5/15/17[10/15/15]);

      608          Drug Screening and Confirmation Testing (Amended 5/15/17[7/01/15]);

      609          Youth’s Benefits (Amended 5/15/17[7/01/15]);

      609.1       Title IV-E Federal Foster Care Maintenance Payments (Amended 5/15/17[7/01/15]);

      609.2       Trust Funds (Amended 7/01/15);

      610          Transportation of Committed Youth (Amended 7/01/15);

      610.1 Out-of-State and Out-of-Country Travel (Amended 5/15/17[10/15/15]);

      611          Electronic Monitoring (Amended 5/15/17[7/01/15]);

      612          Authorized Leave for Public Offenders, Juvenile Sexual Offenders, and Youthful Offenders in Placement (Amended 10/15/15);

      613          Supervised Placement Revocation (Amended 7/01/15);

      615          Juvenile Intensive Supervision Team (JIST) (Amended 7/01/15);

      616          Youthful Offenders-Confined, Shock Probated, and Transferred to the Department of Corrections (Amended 5/15/17[7/01/15]);

      616.1       Probation of Youthful Offenders (Amended 5/15/17[7/01/15]);

      616.2       Parole of Youthful Offenders (Amended 7/01/15);

      617          Incident Reports (Amended 5/15/17[7/01/15]);

      618          AWOL or Escape (Amended 5/15/17[7/01/15]);

      620          Use of Self-Protection Skills (Amended 10/15/15);

      621          Mental or Behavioral Health Services, Referrals, and Psychiatric Hospitalization (Amended 10/15/15);

      622          Community Mental Health Operations (Amended 5/15/17[10/15/15]); and

      623          Health and Safety for Community and Mental Health Services (Amended 7/01/15).

      (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.

 

CAREY D. COCKERELL, Commissioner

      APPROVED BY AGENCY: May 15, 2017

      FILED WITH LRC: May 15, 2017 at 11 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on June 28, 2017 at 10:00 a.m. Eastern Time 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 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 canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public 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 through June 30, 2017. 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: William Codell, Assistant General Counsel, Department of Juvenile Justice, 1025 Capital Center Drive, Frankfort, Kentucky 40601, phone (502) 573-2738, fax (502) 573-0836, email William.Codell@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: William Codell

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This 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 KRS 15A.065, 15A.0652, KRS 15A.067, KRS 605.150, and KRS 635.095.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This 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 in to compliance to reflect actual practice of the agency, such as, the change in the Department’s criminogenic needs assessment from the Case Management Needs Assessment to the Criminogenic Needs Questionnaire which will allow for the specific targeting of criminogenic needs in case planning and treatment planning utilizing evidence-based practices in an effort to reduce recidivism.

      (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, and 635.095.

      (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 guidance and uses of treatment needs identification tools 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 more efficiently.

      (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 1100 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 use of treatment needs identification tools and the use of Evidence-Based Practices.

      (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 are estimated as follows:

Training Costs: Approximately $5000

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Youth shall receive services more effectively and efficiently. DJJ employees and visitors and volunteers will more clearly and concisely understand the services to be provided by Department of Juvenile Justice.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: Approximately $5000.00 for staff training

      (b) On a continuing basis: Approximately $5000 for annual staff training.

      (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?

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, 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 shall be for initial staff training of $5000.00 and $5000 for annual training 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 revised administrative regulations will only impact the Department of Juvenile Justice. The anticipated expenditures shall be for initial staff training of $5000.00 and $5000 for annual training thereafter.

      (d) How much will it cost to administer this program for subsequent years? Response: The anticipated expenditures shall be for initial staff training of $5000.00 and $5000 for annual training 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 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.