SB 226/LM/CI (BR 1962) - G. Neal
AN ACT relating to juvenile justice.
Amend KRS 15A.065 to authorize the Department of Juvenile Justice to provide to the public general information relating to juvenile crime and the services of the department; provide that the chair of the Juvenile Justice Advisory Board shall initially be appointed by the Governor and thereafter elected annually by the board; establish a procedure for the removal of any board member who misses 2 or more meetings over a 6 month period; permit the commissioner of the Department of Juvenile Justice, or the commissioner's designee, to issue a warrant directing any peace officer to take into custody any person who is absent without leave from the department's custody; direct that if the person taken back into custody is delivered to an approved detention facility, then that person shall be returned to the active custody of the department within 3 days of the detention; amend KRS 15A.210 to subject intermittent holding facilities and youth alternative centers to administrative regulations promulgated by the department; require that department administrative regulations identify new requirements of the law that increase the cost of operating a juvenile facility not operated by the department; require that the regulations identify the amount and source of funding for compliance with the new requirements; amend KRS 15A.220 to require the Department of Juvenile Justice to review all applications for the operation or expansion of a detention facility to ensure that standards are met and that there is conformity with the statewide detention plan; permit the department to decertify a county operated detention facility within an area served by a state operated detention facility; amend KRS 15A.230 to permit the department to decertify a county operated detention facility that violates standards and fails to correct the violations as directed by the department; amend KRS 15A.305 to delete the authority of the department to promulgate certain administrative regulations; amend KRS 600.020 to include detention facilities and their staff in the definition of "Person exercising custodial control or supervision"; amend KRS 610.060 to require that counsel be given adequate opportunity to consult with a child client; require that a child consult with counsel before waiving counsel; require that a court conduct a hearing on the waiving of counsel and make a specific finding of fact that the child has knowingly waived counsel; amend KRS 610.200 to prohibit the placing of a child under the age of 11 in a detention facility unless the child has been charged with a capital offense or an offense designated as a Class A felony or Class B felony; amend KRS 610.265 to permit the detention for 24 hours, pending a detention hearing, of a child accused of committing a status offense or a public offense or contempt of court on an underlying status offense or public offense; provide for further detention of a child following a detention hearing; amend KRS 610.280 with a conforming amendment; create a new section of KRS Chapter 635 to prevent disclosure, in any civil or criminal proceeding, of a communication made in the course of a child's treatment, with some exceptions; amend KRS 635.010 to permit the department to have access to all complaints, petitions, statements, or other records pertaining to a child who has been committed to the department; amend KRS 635.060 to require that a probated child remain under the court's jurisdiction for 18 months or until the child turns 18 years of age, whichever occurs first; permit a court to extend commitment of a juvenile to the age of 18 in order for the juvenile to complete treatment; permit the court to order that if a child's sentence runs past the child's eighteenth birthday, then the child shall serve that part of the sentence in an adult facility; amend KRS 635.083 to prohibit a court from yielding jurisdiction over a child until that child has reached his or her eighteenth birthday when that child has been found guilty of 3 misdemeanors or a felony; amend KRS 635.510 to require that a sex offender assessment be completed prior to disposition for any preteen or any youth adjudicated guilty of a misdemeanor sexual offense; amend KRS 635.515 to permit a court to use its contempt powers to require a child to participate in a juvenile sexual offender treatment program; create a new section of KRS Chapter 640 to permit the department to maintain physical custody over certain youthful offenders up to the age of 21; amend KRS 640.030 to require the department to take custody of a youthful offender, remanded into the department's custody, within 60 days following sentencing; amend KRS 640.040 to permit the probation of youthful sexual offenders; amend KRS 431.100 to require that fines collected out of juvenile court cases be placed in the Local Alternatives to Detention Fund.
SB 226 - AMENDMENTS
SCA (1, G. Neal) - Mandate that no court shall accept a plea or an admission from a child or conduct an adjudication of a child involving any felony offense or any offense under KRS Chapter 510 when that child is not represented by counsel; delete language pertaining to the detention of children; delete language permitting the Department of Juvenile Justice to have access to all complaints, petitions, and other records pertaining to a child in the custody of the department.
SFA (2, E. Scorsone) - Mandate a child's right to counsel for any case involving a felony offense, any offense under KRS Chapter 510, or any disposition of detention or commitment; establish procedures for a child to waive counsel in cases involving other offenses.
SFA (3, E. Scorsone) - Require that no court shall accept a plea or an admission from a child or conduct an adjudication of a child involving any offense when that child is not represented by counsel.
Feb 7-introduced in Senate
Feb 9-to Judiciary (S)
Mar 8-reported favorably, 1st reading, to Calendar with committee amendment (1)
Mar 9-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, March 10, 2000; floor amendments (2) and (3) filed
Mar 10-3rd reading; floor amendment (3) withdrawn ; passed 32-0 with committee amendment (1), floor amendment (2)
Mar 13-received in House
Mar 14-to Judiciary (H)